Jaya Supermarket Collapse: 7 Workers dead - Is there a 'cover-up'?

What non-sense...are you telling me that the employer (and/or fellow workers) do not know the names of their own workers? Surely, they have the employment records, etc...

The bodies of all seven workers trapped in the rubble of the collapsed Jaya Supermarket building here have been recovered.

The last three were pulled out yesterday, said Petaling Jaya OCPD Asst Comm Arjunaidi Mohamed.

Final count: The recovery team removing the last body from under the rubble yesterday. The bodies of all seven workers who were trapped after the building collapsed on Thursday have now been found.

However, the final two bodies could not be identified as they were badly crushed. Police will wait for the Indonesian Embassy to help with possible DNA identification, he said.

With the recovery of the seven bodies, the search and recovery operation ended at 5pm.

On Thursday, the five-storey portion of the supermarket building collapsed right to the basement, where the car park was located, during demolition work. - Star, 31/5/2009, Bodies of all seven trapped workers found

DNA identification - I wonder how they are going to do this. Even, in Malaysia, we do not have a DNA database of persons, whereby it would able for us to do DNA identification.

Fingerprints...and Dental Records - that is how identification is made when bodies are crushed beyond identification.

But, again ...surely you know the name of your workers that are missing. I wonder also why the name of the employer of these workers that have been killed are being kept 'secret'.

I worry whether their family/dependents will get their Workmen's Compensation money of maximum RM18,000 (plus the additional compulsory insurance payment of RM7,000)

Or, will there by no pay-out...? I wonder whether the employer registered these workers for Workmen's Compensation, or purchased the requisite for the said workers...

Is the employer being investigated? Was he negligent in not providing the required safety levels and conditions, as required by law. Did the workers have the required safety clothing...equipment?

See also earlier post:- 4 workers dead - Employer? According to law, dependents get RM25K only if...

Suspension in UMNO will go against presumption of innocence until proven guilty..

What has happened to presumption of innocence until proven guilty.

UMNO has got it wrong again...no member should be suspended until he/she has been proven guilty.

If Najib is charged with corruption(or murder) - then it would he so very unfair to suspend him until the court finds him not guilty (or the charge is dropped) - and the months and maybe years of waiting for the the case to0 start and for one to be cleared of the false charges would have been sufficient time to completely kill one's political career, would it not. [It would be worse for the 'smaller' members who may not have the influence to expedite trials in court...].

Let us consider Pakatan Rakyat - if we are suspend all those that have been charged, this would include Anwar (facing a sodomy charge again), Tian Chua and many others (who are all facing some charge of 'illegal assembly' or something like that. See how long it takes for the trials to start...and end (and, mind you it is even so much more slower if you are a 'small' person - some have been waiting for their trial in remand prisons for periods longer than the prison sentence that they will get if they are found guilty - and this is why many innocent poor persons elect to plead guilty and carry out their sentence - rather than claim trial)

In Malaysia, so easily do they arrest, detain, charge persons...and little worry is placed on the infliction of unnecessary suffering on the lives, family...of them who in truth may be innocent. Sometimes, we are shocked at how flimsy and inadequate prosecution evidence is at the end of the day. The powerful also seems to be above the law...

Why should an innocent person be punished? Suspension of party membership...or suspension from holding political office...or suspension from university (studies)...or suspension from one's job before one is proven guilty and convicted by a court of law is unacceptable...

Umno will suspend the position of members who have been charged in court, Datuk Seri Najib Tun Razak said.

However, the suspension would be lifted and the position restored once the member succeeded in fighting the court charges, said the Prime Minister, who is also Umno president.

“We have agreed in principle with the management committee’s suggestion to suspend a member’s position if he is charged in court,” he said after chairing a supreme council meeting yesterday. - Star, 30/5/2009, Umno to suspend those charged in court

Remember, news that one is being investigated or even have been charged is already bad for a person, and would have in the past affected one's political career, employment, business,... even without any suspension.

I sometimes think that we have to really think about compensating persons who have at the end of the day found to be not guilty. Compensate them for the expenses they incurred, for the suffering they went to,...Compensate them even more for the number of days that they had to languish in the remand prisons (this is for the many poor who just would not have been able to post bail, and for those who were charged for offences where there was no bail..)

I recall also them students, who were suspended some years back - Their studies were definitely affected, and they were not found guilty at the end...Sorry alone is really not enough.

Rafzan Ramli and the six other students should be considered as Human Rights Defenders.

Two and a half years have passed, and Rafzan Ramli and his six other student friends are still wondering when they can get back to campus to continue their studies and graduate with degrees or diploma.

The Universities and University Colleges Act 1971 (UUCA) provides that when a student is charged with a criminal offence, he shall immediately be “suspended from being a student”. Thus these students who have been charged in court for the offence of illegal assembly are unable to continue their studies.

These seven students, after having been charged and pleaded not guilty, were subsequently suspended from their universities under the provisions of the UUCA or Educational Institutions (Discipline) Act 1976.

Rafzan and his friends are still suspended and cannot continue their studies and get their degrees or diplomas - even though the alleged criminal offence occurred more than two years ago. Their peers would have all graduated by now and moved on with their lives, possibly now working and earning decent wages. But these students are still in limbo, unsure as to whether they will ever graduate.

The so-called “illegal assembly” took place on 8 June 2001, when about 500 undergraduate students from several universities and institutions of higher learning in Malaysia came together in Kuala Lumpur to protest the Internal Security Act 1960 (a draconian piece of legislation that allows for detention without trial). They called for the repeal of this Act and for the immediate and unconditional release of all those currently detained or restricted under this repressive law. Malaysians and others around the world have been calling for the repeal of these anti-liberty laws for a long time.

Out of the 500-odd students who gathered peacefully to express their protest, Rafzan and his six student friends were arrested. On 19 July 2001, they were charged in court for participating in an illegal assembly, an offence under the Police Act, 1967. All of them pleaded not guilty and claimed trial. Today, almost two and a half years later, their trial is still not over and they remain suspended from university/college.

Absolute Discretion

According to the UUCA or Educational Institutions (Discipline) Act 1976, the Education Minister has the power to at any time, in any particular case, in his ‘absolute discretion’, to grant exemption to any person from the application of the provisions of section 15D (1) and/or (2), amongst others. This exemption can come with conditions or otherwise.

Now, even though these seven students are not prominent human rights activists, politicians or public personalities, the plight of these young human rights defenders should be a cause for concern among all justice-loving persons.

But alas, the Minister has so far not yet considered the matter, let alone exercised his discretion. In this case, Rafzan is still awaiting a reply to his letters of appeal to the Minister.

The students are not being charged for murder, assault, battery, robbery, theft, drug trafficking or any other offences against persons or property. They are being charged for participating in an assembly to express their opinion about a preventive detention law, the Internal Security Act.

More Restrictions

It is disturbing that students in Malaysian universities and institutions of higher learning suffer more limitations on their freedom and liberty than most other Malaysians. Instead of nurturing creative and critical thinking, the authorities have restricted the space for students to attain wider social concern.

Over and above the various laws and legislation that suppress freedoms and human rights in Malaysia, these students are also governed by the UUCA or Educational Institutions (Discipline) Act 1976. The shackles are many, including restrictions on freedom of association with persons or groups outside the campuses.

Of concern in this case is the unjustified additional deprivation of rights imposed on students charged with a criminal offence even before any conviction by a court of law.

Under the UUCA or the Educational Institutions (Discipline) Act 1976, students in universities or other educational Institutions who are charged with criminal offences will be suspended and, if later found guilty, they will be expelled.

Section 15D (1) of the UUCA provides that:
“where a student of the University is charged with a criminal offence he shall immediately thereupon be suspended from being a student of the University and shall not during the pendency of the criminal proceedings, remain in or enter the Campus of that or any other University.”

Section 15D (2) of the UUCA provides that the said student shall immediately cease to be a student if found guilty. By implication, if the student is found not guilty, then he or she would presumably be able to continue studying.

Where Is The Equality?

The established legal principle of “presumption of innocence until proven guilty” seems to have been overlooked when it comes to university students. Normally, when people are charged in court, they can claim trial and be released on bail. They can then go back to work and resume normal life. They would only be required to serve the sentence upon conviction and sentencing.

But when it comes to university students, they are immediately suspended. If they are later found guilty, they would not only be expected to serve the sentence imposed by the court but would also be expelled.

Where then is the equality under the law guaranteed to all persons by our Federal Constitution? Where then is the promise that there shall be no discrimination as stipulated in the Federal Constitution? Those who fail to enter local universities and educational institutions enjoy so much more freedom and liberty than the students in these institutions. They can associate with whomever they want. They can join political parties, contest general elections and even have the chance to become Prime Minister.

We must realize that we are talking about students here, the hopes of their parents and the nation. To deprive them of higher education at the diploma and degree levels is a gross injustice. We are talking here about the right to education and their future. To suspend them indefinitely merely because they have been charged with an offence is very sad.

Human Rights Defenders

Rafzan Ramli and the six other students should be considered as Human Rights Defenders. It must not be forgotten that Malaysia is part of the United Nations. The UN General Assembly on 9 December 1998 through resolution 53/144 adopted the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognised Human Rights and Fundamental Freedoms (now commonly referred to as the Human Rights Defenders’ Declaration).

I believe that the ‘suspensions’ of Rafzan and his six friends go against the principles and the very essence of this Declaration. Now, even though these seven students are not prominent human rights activists, politicians or public personalities, the plight of these young human rights defenders should be a cause for concern among all justice-loving persons.

I am not asking for their charges to be dropped, although that too will be good as they have suffered enough. What I am asking is for their suspension to be immediately revoked so that they can go back to their universities or educational institutions and finish their degree and diploma courses. In fact, in the worse case scenario, even if they are found guilty and sentenced to prison, their sentence should be suspended until they have completed their studies.

A note to the Education Minister:

Think of these students as your children, dear Minister, and allow them to immediately continue their studies in their respective universities and academic institutions so that they can get their degrees or diplomas. In an employment market that places high regard on paper qualifications, their continued suspension is manifestedly unfair. As the Education Minister, you should be projecting more care and compassion for Rafzan and his six friends. To ignore the students’ letters of appeal and to allow them to suffer indefinitely doesn’t reflect well on you.

I am sure that all concerned and justice-loving people would also want the Education Minister to immediately exercise his discretion, as provided by law, and lift the suspension of these seven students. Repealing the UUCA and the Educational Institutions (Discipline) Act 1976 would contribute to the growth of well-rounded citizens and, in this spirit, we hope the government will seriously consider this.- Aliran Monthly, Unheralded human rights defenders still deprived of education Suspended from campus even before the courts can find them guilty, by Charles Hector [Aliran Monthly 2003:11]

In Malaysia, public servants also get suspended when they get charged in court, and the suspension is usually with half-pay, and there will also be a freeze of entitlements and other benefits. DBKL also practices something similar. For the poorer persons, suspension with HALF pay is really torture. [Even, if there is to be suspension, it must be with full pay].

Remember that all this 'suspension' are happening to persons who have not pleaded guilty...or have not been found guilty by a court. In Malaysia, all things are possible - including maybe getting someone to be charged falsely, and keeping him in that state for as long as possible...

All of us must be bound by the principle of presumption of innocence until proven guilty

We have to repeal all laws that go against this principle of presumption of innocence until proven guilty.

No one should be suspended if he is arrested, charged or being tried of an offence. If there is going to be any suspension from your political party, jobs...

The State should also compensate those who have been found not guilty, especially those who had been detained.

4 workers dead - Employer? According to law, dependents get RM25K only if...

Tell me about the 4 workers (migrant workers) who died...

Tell me about their family/dependents...

Tell me their names...

Tell me whether they are documented workers (or undocumented workers) - tell me who their employer is... [Why is the name of their employer not being reported in the media? Is he connected to powerful persons? Did the employer cut corners to save money - and was this the cause of this accident?]

Tell me whether the Majlis Bandaraya Petaling Jaya (MBPJ) was doing their job to ensure that the demolition work was done with the adequate safety equipments...and in a safe manner. (The MBPJ headquarters is only about 2 kilometers from the accident site...)

Tell me whether the Occupational Health and Safety officers had visited the site before the collapse and ensured that the required Occupational Health and Safety standards were met - or are they only NOW coming there..

Are these workers under the Workmen's Compensation Scheme - do they have the required additional insurance as required by Workmen's Compensation (Foreign Workers' Compensation Scheme)(Insurance) Order 2005.

The dead worker, under Workmen's Compensation (sec.8) would get RM18,000 or sixty months wages, whichever is less. [But there is this odd proviso in section 8, that says that if the deceased did not leave any dependents, then only amount for the funeral or RM1,ooo, whichever is less - really odd]

Under the insurance, for death he also gets..."....a sum of seven thousand ringgit in the event of death of a workman from personal injury sustained in an accident which arises out of and in the course of his employment..."

Therefore, the family and dependents of the dead migrant worker will get RM18K + RM7K = RM25K [Is this JUST - I think not...and believe that this figure needs to subtantially be increased taking into account the increased cost of living (and inflation)] What about the expenses of family members coming over, cost of getting the body transported back for burial, etc...

What if these are undocumented workers? What will their dependents and family get...?

Search and rescue personnel have uncovered the remains of the fourth victim from the rubble of the collapsed Jaya Supermarket building in Petaling Jaya this afternoon.

MCPX

At about 3am, the body of the third victim was discovered.

The three were among nine workers who were trapped when the five-storey building collapsed after demolition works went awry yesterday evening.

Two of the workers, all of whom are believed to be Indonesian nationals, are currently undergoing treatment at the Universiti Malaya Medical Centre.

Yesterday, Petaling Jaya district police chief Arjunaidi Mohamad said all nine victims were on the ground floor at the time of the incident.

He added that firemen used a skylift to assess the safety level of the affected building before the search and rescue team could enter it.

Meanwhile, Deputy Housing and Local Government Minister Lajim Ukin said initial investigation indicated that the structure might have collapsed due to overloading as heavy machinery were used in the demolition work. - Malaysiakini, 29/5/2009, Stop-work order issued as death toll rises

RM25 K may really not be sufficient for the family/dependents to pay off the debts incurred in coming over to Malaysia - all that agent fees, etc...

SUHAKAM reiterates 1,300 dead in 6 years in detention places - "...medical care overiding reason..."

The recent ABC news report, again re-affirms SUHAKAM's statement that "...medical care as an overriding reason why 1,300 detainees have died over the past six years..." It was also clarified "...that the 1,300 deaths notified to parliament covered not only immigration detention centres but prisons and police lock-ups..."

Malaysia detention centres 'violating rights' (ABC News, 28/5/2009)

Malaysia detention centres 'violating rights'

By Kanaha Sabapathy for Radio Australia (28/5/2009)

The recent deaths of two illegal immigrants in one of Malaysia's many detention centres has raised the issue of the conditions under which detainees are held in the country.

Last year Suhakam, Malaysia's Human Rights Commission, identified medical care as an overriding reason why 1,300 detainees have died over the past six years.

Now two Burmese immigration detainees have died from leptospirosis, a disease caused by exposure to contaminated water.

Dato Siva Subramaniam, a Suhakam commissioner, told Radio Australia's Connect Asia program denial of health care was a violation of detainees' right to life.

"At present the 22 centres throughout Malaysia do not have a permanent clinical dispensary manned by doctors or a medical assistant to help detainees," he said.

"They have a visiting doctor only."

He noted that the 1,300 deaths notified to parliament covered not only immigration detention centres but prisons and police lock-ups.

Nevertheless, "we want improvement", the commissioner said.

He said Suhakam had identified health care and hygiene, including proper water supplies for detainees, as key issues at the centres, which are overseen by immigration officers.

New diseases

"Suhakam wants to ensure there is medical care, that there is a permanent doctor placed, and we want this to be done in every camp," the commissioner said.

With new diseases such as swine flu breaking out in the region, each inmate should undergo a proper medical check before they are put together with other detainees, he said.

Their embassies should also be notified.

Another problem was too many inmates in centres.

"The problem of overcrowding is something we need to be looked seriously at," he said.

Source: ABC News

See also:-

124 Groups :- Alarmed at state of Detention Places in Malaysia - Leptospirosis kills 2 Burmese migrants

WHAT...Pakatan Rakyat States also do not allow Christians/others to use the word "Allah"...PR should repeal that law now.

Can Christians use the word "Allah"?

Well, PAS seem to have been very clear that Muslims do not have the exclusive right to use that word "Allah" - of course, Christians can use this word.

PKR also took a similar position...

So, it was only UMNO-led BN that was taking that very odd position that the word 'Allah" and certain other Arabic/Malay words were only for the exclusive usage of Muslims. [To the best of my knowledge, no other Muslim majority country have any problem with the usage of the said words by anyone]

I was shocked to see that our PAKATAN RAKYAT States of Selangor, Kedah, Kelantan (and also Perak) has this Control and Restriction of the Propagation of non-Islamic Religious Enactment, which has this provision that makes it "...an offence for non-Muslims to use the word “Allah” to refer to any God other than the Muslim God..."

If Pakatan Rakyat is different, then immediately there must be a statement that a Bill is being drafted and will be tabled at the next State Legislative Assembly sitting, which will cause to repeal those provisions that prevents Christians and other from using the word Allah, and those other words.

Christians have been using the word Allah in our churches, our prayers and our religious books for a very very long time.

How many Gods are there? I believe that there is one - and many others believe that there is one, and we call him Allah. We also call that one God other names - but it is that same God that we are refering to.

Now these State Enactmnents puts forward the proposition that there is more than one God - i.e. there is that Muslim God...and, as such logically, it follows that there are other Gods - the Christian God, the Sikh God, etc... I cannot accept this. I believe that the one and only God also will not accept this. Muslims believe that God is Allah - so why do they want others not call God, Allah

All this is really politics - a desparate attempt by UMNO to regain support from Muslims and Malays. It is to show that UMNO is more 'islamic' than PAS and/or PKR..., is it not.

Remember, that all you need to enact new laws, repeal bad laws (or provisions in laws) is a simple majority - so, there really is nothing stoping the PR majority states from immediately making a statement that they will be amending the state enactments to ensure that their position is reflected - i.e. Muslims do not have the exclusive right of usage of words like Allah, etc...

I worry where the UMNO-led BN is going - soon they may start saying that Bahasa Melayu cannot be used in worship, prayer and religious books...

The Catholic Church failed in its bid to get permission to use the word “Allah” while its suit to overturn the government ban is still being heard in the High Court.

Reverend Father Lawrence Andrew

The High Court here said the Catholic Church must wait until it decides conclusively on whether it is allowed to use “Allah” to refer to the Christian God.

“This means don’t use ‘Allah’ until the court decides,” said church lawyer S. Selvarajah.

Reverend Father Lawrence Andrew who edits the Catholic newspaper, The Herald, visibly drooped when he heard the news.

The editor-priest had seemed in high spirits earlier and was confident the High Court would allow the church to use the word “Allah” for the time being. He had smiled frequently while speaking with reporters earlier.

Judge Lau Bee Lan set July 7 for the next hearing after dismissing the church’s request to stay the government ban, lawyers for both the church and the state told reporters this afternoon.

The arguments were carried out in the judge’s chambers instead of in open court.

If the High Court allowed the church to use “Allah” in a non-Muslim context, it would be helping the church commit an offence under state laws, a lawyer for the government explained to The Malaysian Insider.

According to a lawyer representing several state Islamic religious councils, it is an offence for non-Muslims to use the word “Allah” to refer to any God other than the Muslim God.

Abdul Rahim Sinwan referred to the Control and Restriction of the Propagation of non-Islamic Religious Enactment that was passed into law by 10 states in 1988.

The states are: Selangor, Malacca, Perak, Terengganu, Kelantan, Kedah, Pahang, Negri Sembilan, Johor and Perlis.

The Catholic Church is suing the Home minister to overturn the Home minister’s ban.

The lawsuit stems from the government’s assertion that “Allah” should strictly refer to the Muslim God in Malaysia. This is a view that the Catholic Church has been challenging.

The word “Allah”, the church argues, does not belong only to the Muslims.

The Herald is published in four languages, including the national language Bahasa Malaysia (BM), which caters to the indigenous Malaysians from Sabah and Sarawak, who are mostly Christians.

Archbishop of Kuala Lumpur Reverend Tan Sri Murphy Pakiam filed the suit on February 16 to get a declaration from the courts that the church has the right to use the word in print and in church services.

The Home ministry, which issues the annual printing permit for all publications, had warned the church to stop using the word.

Datuk Seri Syed Hamid Albar, who headed the ministry then, claimed the church’s use of the word “Allah” in any literature published in BM would confuse Muslims, who make up the biggest religious group in the country.

This is the second consecutive year in which Archbishop Murphy Pakiam is suing the Home minister to settle the dispute over the use of the word “Allah”. - The Malaysian Insider, 29/5/2009, Church not allowed to use ‘Allah’ till court’s July 7 decision

Unless these provisions in the various State Enactments are repealed - or are declared wrong by the court, I wonder what a victory at the courts will really achieve..

Would Herald and its publishers, still be committing an offence in the States of Selangor, Malacca, Perak, Terengganu, Kelantan, Kedah, Pahang, Negri Sembilan, Johor and Perlis even if they succeed in their current Court action?

Why did the Judge disallow the application of the church for permission to use the word “Allah” while its suit to overturn the government ban is still being heard in the High Court? We really do not know - until the Judge writes a judgment. The reports are not clear for us to even guess the reasons...or it it?

Beware the US version of the truth :- North Korea, Iran, ...

Many may not know why Japan suddenly attacked the US at Pearl Harbour and got involved in World War II?

The reason was simply because of US initiated actions - sanctions ...and seeking to cut Japan's fuel supply...

USA leading an international movement to isolate Japan economically and thus force them to withdraw from China. Primarily the USA plan was to cut off credit to the Japanese which would prevent them from being able to purchase petroleum. Japan received petroleum (an absolutely vital economic and military commodity, then as it is now) from three sources: The USA, Dutch east indies (Indonesia) and Burma (British controlled in the 1940's). The USA inspired movement included all three sources.

Japan could/would not accept a withdrawal from the Chinese war and instead began planning a first strike against the USA navy. Eliminating or reducing the USA naval forces in the Pacific would make the Japanese navy paramount, and thus Japan would be able to defeat the economic consequences of the USA ultimatum. After eliminating the USA navy Japan planned to occupy the Dutch East Indies and Burma, thus gaining control of enough oil to run their military and economy.

The strike on Pearl Harbor did exactly as hoped by the Japanese. The USA fleet was crippled. The Dutch lacked forces to repel the Japanese. The British navy (as ordered by Churchill) sent forces to defend their areas but these were totally inadequate for the job and were decimated quickly. Japan occupied all the oil producing areas and settled down to a war of attrition against the USA, which they hoped would wear down the USA politically and enable them to keep their conquests.

Now, I wonder about the actions of North Korea....and again, this may really be an act of a desparate party...

Does the US want the Korean 'problem' to be resolved? I think not - for whenever things are OK, the US does something to escalate the problem...

Why? Maybe, it is good to de-stabilize that region - hence North Korea's neighbours - who are economic and possibly political threats to the USA. We are, of course talking about China, Japan and South Korea...

Similarly, that whole war against Iraq, Afghanistan, etc - was a means of destabilizing the EU. Just before that 'Iraq War', there was talk among many nations about changing their international trading currency from the US Dollar to the Euro...Of course, UK jumped in with the US, because the once 'leader' of the European Community of Nations was no more.

The risk of war on the Korean peninsula remains high, and the U.S. government is raising it higher by opening an economic front. In September 2005, one day after regional negotiations produced an agreement with the potential to defuse North Korean-U.S. tensions, the U.S. government charged North Korea with counterfeiting $100 bills. Calling this alleged North Korean effort a direct attack on U.S. sovereignty and technically an act of war, Washington imposed an ever-tightening and ever-widening web of financial restrictions on the country. This economic campaign, which broadened and intensified after Pyongyang's missile launches in July and nuclear test in October 2006, is the latest attempt to isolate and weaken the Democratic People's Republic of Korea (DPRK). The charges fit a pattern of actions that have repeatedly disrupted promising movements toward peace on the Korean peninsula. In the latest round of Six- Party Talks, held in December, the restrictions proved to be the biggest obstacle in the path of reaching an agreement. Tensions generated by the restrictions are exacerbating tensions in East Asia and placing heavy additional pressures on Koreans, especially in the North. Washington's economic gambit, launched in 2005 and strengthened by UN sanctions in 2006, raises questions of timing, threat escalation, morality, and efficacy. With no further multilateral talks currently planned, the hard-line economic approach toward North Korea has been a counterproductive detour from the pressing issues of denuclearization and diplomatic normalization. The restrictions and sanctions, far from bringing North Korea back to the negotiating table, have become instead the main stumbling block in the negotiations. Presented as an alternative to military approaches to regime change, the economic campaign proved counterproductive when the DPRK responded with its missile and nuclear tests. Finally, this economic approach undermines North Korean efforts at reforms and opening, the very process that many argue needs to be supported on moral, as well as strategic, grounds. - Sanctions and the Road to War in Korea,By Martin Hart-Landsberg and John Feffer, 18/1/2007

Similarly, the sudden new 'demonizing' now of Iran by the US (and also Israel)...{After all, Iraq and Afghanistan have been colonized...Palestine is in control...}

US has always wanted every nation to be their cronnies, and always wanted pro-US persons to be in government. We have seen US interference in Latin America...and the rest of the world. If a country is independent and not pro-US, then they will be isolated and persecuted, and one such country has been Cuba...and now maybe Venezuela. (In Latin America, the US cronies are losing out to new leaders who are stronger and more independent.)

Realize that media and sources of information are controlled by the US - and hence the truth that we get many a time is the truth according to the US (and its cronies), and hence Malaysians, including the media here, must be more hard-working to get to the truth. Report the viewpoints of both sides...

US is smart - they pressure...and pressure....and pressure until you 'explode' and then blame you.

North Korea - is yet another Asian country that 'defeated' US, just like Vietnam....and so, it may also 'ego' that may be operating here...

Just a few years ago, there was much hope for unification of both Koreas - and serious analysis may show that it was US that broke down this attempt.

Election Commission's chief's complaining about death of peoples' rep is stupid - show respect, please..and KFC?

I was shocked by the alleged conduct of the Election Commission...

How can you even be talking about health of candidates being a consideration? Any person shall have the right to stand for election - and the right to be elected..

The attitude of the Election Commission towards death of elected representative is shocking. They should be sad - express condolence - not complain about having to work again and spend more money conducting another by-election.

Come on, the Election Commission is supposed to be in charge of conducting all elections - including elections for Senators, and Local Council Elections [which today, have been kept on hold by law]. Hence, the only Elections that they do conduct is the Parliamentary Elections and the State Legislative Elections. So, what is the Election Commission lamenting about....show some respect to the dead.

What do they want? Medical Examination and Certificates of Good Healths, just like those required for Migrant Workers before they are permitted entry to Malaysia, for all candidates who want to offer themselves for elections - this is crap... [I am of the opinion that mandatory Medical Examination and Certificates of Good Healths for migrant workers should also be scrapped.]

They complain about the RM400,000 that have to be expended for a by-elections. I would like to see how they spend that money. [The Malaysian Bar for its EGM used to spend about RM50K to RM70K - and now they spend less than RM10K]. The point is that the sum is not that excessive, and money should never be a justification to prevent the holding of elections. The point is that we can reduce the expense - if the SPR changes its ways and stop having KFC.

KFC - what is the Election Commission talking about? They should be eating at the local food outlets.

And this afternoon, in a hope to prevent more by-elections, Abdul Aziz pleaded with political parties to field candidates of sound health.

Acknowledging that accidents cannot be prevented, he however quipped: "I hope that there will be no more deaths of elected representatives."

"We never question deaths, we never go to their houses (the deceased politicians) to check or ask their families whether they are really dead," he added.

Responding to a question, Abdul Aziz said compulsory medical check-ups were not required under the Election Act.

He also revealed that the EC spends about RM400,000 for every by-election. And to make matters worse, he revealed that Manek Urai does not even have a KFC outlet. - Malaysiakini, 28/5/2009, EC chief: No more deaths please

See also earlier post:- Deepest condolence to the family of the late Ismail Yaacob...

Mother's citizenship status - what has that got to do with the actions to save the church?

Sorry for not posting this earlier...

Last Sunday, Fr Jean Claude informed church-goers in Mentakab's Our Lady of Perpetual Help that the police asked him question about him and his family...

They wanted to know about his father, what he did...blah...blah

They asked about his mother's citizenship..

About his siblings...

About him...and his personal history...

They wanted to know about his 'criminal record'...

Again, politely, it was indicated that this was done only because 'the TOP' had given the orders...

Well, I wonder why?

I see it as pure police intimidation...

The police, I believe is the pawn, that is being used by some other knowingly or unknowingly,

The issue :- Over 83 year old Christian Catholic chapel situated in Lot 2 (maybe less than 1 acre), whereby the the Lot 1 on the top (where the Church Kindergarten in) and the Lot 3 at the bottom (where is partly now used by the road that goes into the Kampung Baru Cina [ Chinese New Village}] already belong to the Church since the 30s.

The Church sits beside the Chinese New Village [these are them 'detention centres' which now are called villages - the Chinese were amassed by the government and forced to stay in these places, as a means of combatting the so-called Communist threat...]

"New villages" were created in the early 1950s in Malaya to relocate some half a million rural Chinese as part of the counter-offensive against communist insurgency.

"New Village" was considered as something like detention camps, miserable isolation and surveillance of Chinese squatters. - http://ci.nii.ac.jp/naid/110004836797/en

The original purpose of the New Villages in Malaysia was to segregate the villagers from the early Malayan Races Liberation Army insurgents, which were led by the Malayan Communist Party, during the Malayan Emergency. It was part of the Briggs Plan, a military plan devised by British General Sir Harold Briggs shortly after his appointment in 1950 as Director of Operations in the anti-communist war in Malaya.

The plan aimed to defeat the communists, who were operating out of rural areas as a guerrilla army, primarily by cutting them off from their sources of support amongst the population. To this end, a massive program of forced resettlement of Malayan peasantry was undertaken, under which about 500,000 people (roughly ten percent of Malaya's population) were eventually removed from the land and housed in guarded camps called "New Villages".

By isolating this population in the "new villages", the British were able to stem the critical flow of material, information, and recruits from peasant to guerilla. The new settlements were given around the clock police supervision and were partially fortified. This served the twofold purpose of preventing those who were so inclined from getting out and voluntarily aiding the guerrilla, and of preventing the guerrilla from getting in and extracting help via persuasion or intimidation. The British also tried to win the hearts of the new settlers by providing them with education, health services and homes with water and electricity.

The settlements were very effective in accomplishing their stated goal, preventing insurgents from gaining popular support in a way that could have turned the tide against communist insurgents in Vietnam or China. Upon completion of the resettlement program, the British initiated the Hunger Drive in effort to flush out the Communists from the jungle.

Removing a population that might be sympathetic to guerrillas was a counter insurgency technique which the British had used before, notably against the Boer Commandos in the Second Boer War (1899-1902).

Population

During the Malayan Emergency, 440 new settlements were created and it is estimated that 470,509 people - 400,000 Chinese - were involved in the resettlement program. The Malaysian Chinese Association, then the Malayan Chinese Association, played a crucial role in implementing the program.

It is estimated that today, about 1.2 million people live in 452 New Villages throughout Peninsular Malaysia. About 85% of the population in New Villages are ethnically Chinese. The ethnic Malays take up about 10% and ethnic Indians roughly 5%. - Wikipedia

The Church had a lease on the Lot 2, where the Church existed...until it was not renewed. [For 10 years after the lease expired, apparently the government continued to collect payment ...] . The Church was allowed to continue to exist in the land for all this time...(and mind you, the land was always seen as Church land, and should be made Church land...).

Beside the church, there are town council built food stalls...some say the plan is to extend this building (after the church is destroyed) so that there will be more food stalls...

The Church continued to apply for a new lease...for the land all this while... [But alas, the UMNO-led BN chose not to do the reasonable thing and give them their church...]. Repeated request to be able to renovate and upgrade the church has also been turned down by the authorities..

Now, there is a letter asking them to vacate the land by mid-year 2009...

WHY? Triang is not a town that is suffering from land shortage..

This attempt to destroy is so illogical...and unreasonable..

'There is a project (some big project) which had been given to some 'connected-persons' and it involves the land that the church is on' - this is what some have said. Then, if so, maybe the Malaysian Anti Corruption Commission should really investigate - for this whole thing that involves the destruction of a 83-year old chapel really smells of some corruption and/or other hanky-panky... MACC should investigate now and expose this corruption..

With regard to the giving of land - The 1st people that the government should consider giving is the users and/or occupiers of the land.

Farmers who have been farming the land should be allocated/given that State land..

If there are churches, temples, kuils, suraus, etc .. or burial grounds, then the land must be given the respective religious community..

If there had been homes, then the land should be given to these people...

Land belonging to the state should be given to the landless - Every Malaysian who does not have land should be given land...

Sadly, today it is the rich and 'well-connected', who still are given State land - and this is a great abuse of power and is unjust...

Thus, it makes sense for the State Government to immediately withdraw their threat to destroy this little church in Triang...AND immediately give that land to that church..(after all, we are talking about land that is about 1 Acre..)

See earlier posts: - Priest of St John's Chapel, Triang called in for questioning by police [Updated]
Prime Minister, Najib, you can save this chapel in Pahang from destruction...
St John's Chapel, Triang - the Church that needs saving
St John's Chapel, Triang (83 year old) :- Time is running out...
St John's Chapel(over 83 years old) being threathened with 'eviction' - help save this 'little' church

Outbreak of Leptospirosis in Juru : 32 Malaysian NGOs submit memorandum to SUHAKAM on 27/5/2009

The call for better healthcare at detention places in Malaysia - healthcare that will sufficiently ensure that no more persons will fall ill and/or die of Leptospirosis (caused by water contaminated with animal urine) or any other such diseases...

On 23/5/2009 - 113 organisations/groups from all around the world. issued a Joint Statement. The statement and complaint was submitted to SUHAKAM on 25/5/2009. The said joint statement has also been sent to Malaysia's Prime Minister, Minister of Health, Minister of Home Affairs (being that Minister responsible for Immigration Department, Police,Rela ...and that Detention Centre where the deaths occured..). At present, 123 groups have endorsed that statement. [See earlier post:- 10 more join 113 in global concern about healthcare in Malaysia's detention places - 2 deaths Leptospirosis ]

Now on 27/5/2009, 32 Malaysian NGOs have submitted a Memorandum (see below). to SUHAKAM. This was an initiative of SUARAM and Health Equity Initiatives (HEI)...

Memorandum to SUHAKAM on Poor Conditions of Immigration Detention Centres Contributing to the Outbreak of Leptospirosis

Background

On 12 May 2009, a 21 year old asylum seeker from Burma, Thang Hoih Piang, died of Leptospirosis and on 17 May 2009, a 26 year old asylum seeker also from Burma, Sa La Hin, suffered the same fate. They were both detained in Juru Immigration Detention Centre where they were infected by the disease. At the moment, 7 detainees are still said to be warded[1].

According to his family members, Thang Hoih Piang was a refugee who fled Burma due to forced labour by the Burmese military. He arrived in Malaysia in November 2005 with the hope of finding a better life. Following his death, on 15 May 2009 his family members and friends went to Hospital Besar Bukit Mertajam where he had been warded and died, in order to collect his body, to perform the burial rites according to their religion and customs. They had a letter from United Nations High Commissioner of Refugees (UNHCR) stating that Thang Hoih Piang was a Person of Concern to UNHCR. However, they were informed that the body had already been cremated. The family members were unable to bring back the ashes because the crematorium was awaiting a letter from the Ministry of Health. When the family approached the mortuary of the hospital for a death certificate they were informed that a death certificate could not be issued because Thang Hoih Piang was undocumented and did not have a passport.

Thang Hoih Piang was among the 90 refugees and asylum seekers who were arrested in a raid at Wangsa Permai, Kepong on 4 November 2008. In the same raid, three pregnant women were also arrested, one of whom delivered her child during her detention. Another 30 asylum seekers and refugees with whose families we have contact and who were arrested during the same raid are still languishing in different detention centres nationwide.

Leptospirosis is a bacterial infection which humans acquire from animals through contact with water, food, or soil contaminated by urine from infected animals like rats, mice and dogs, by swallowing contaminated food or water or through skin contact[2]. According to The Star[3], mortality rates for Leptospirosis range from 5-40% depending on the patient’s general health and patients with previous good health records will make full recovery. The report also stated that infection can be treated with antibiotics. According to the Centres for Disease Control and Prevention (CDC), if untreated, the patient could develop kidney damage, meningitis, liver failure, and respiratory distress while death occurs in rare cases.

Since his arrest on 04 November 2008, Thang Hoih Piang was in State custody, first being detained at Putrajaya and later being moved to Kajang Prison to Semenyih Detention Centre and finally to Juru Detention Centre. As such, the government of Malaysia is accountable for the health and death of Thang Hoih Piang during his period of detention, as well as of the death of Sa La Hin and the health of the other detainees who are currently ill and hospitalized for Leptospirosis.

Civil society groups have repeatedly highlighted the poor conditions of immigration detention centres which include overcrowding, poor sanitation, insufficient provision of food and water, and inadequate access to necessary medical and health services (including emergency care, treatment for infectious diseases and maternal health services)[4]. A joint report by SUARAM and the International Federation of Human Rights (FIDH)[5] cites depression, Tuberculosis, beri-beri, kidney problems and skin infections as medical problems suffered by detainees and reiterates poor detention conditions and inadequate medical care as exacerbating factors for the transmission of communicable diseases.

In 2008, following the fire at Lenggeng Immigration Detention Centre, the Human Rights Committee, Ad Hoc Immigration Subcommittee of the Bar Council, Suara Rakyat Malaysia (SUARAM), and Tenaganita raised the problems of severe overcrowding, unhygienic living conditions, prolonged and indefinite detention, outbreak of diseases, no access to medical treatment, and mistreatment of detainees by immigration and RELA officers, in a Memorandum to SUHAKAM.

Deaths in immigration detention centres are not uncommon. It was reported on 24 March 2009 that the then Home Minister Datuk Seri Syed Hamid Albar, in a written reply to a parliament question, stated a total of 2,571 deaths of detainees in prisons, rehabilitation centres and immigration detention centres between 1999 and 2008[6]. Causes of deaths were attributed to fights, suicides and illnesses such as HIV/AIDS, septicaemia, tuberculosis, cancer, heart and blood diseases, and asthma. In the month of April 2009, two deaths were reported in the press, following which we released a statement to express our concerns[7]. Regrettably, the current outbreak of Leptospirosis leading to the death of two detainees does not reflect that adequate steps had been taken to improve conditions in immigration detention centres and increase access of detainees to medical care in order to reduce and prevent future deaths in places of detention, in spite of the alarming figures presented in Parliament.

Areas of Concern

The recent deaths at Juru Immigration Detention Centre reflect poor conditions of detention. Urgent reforms and welfare measures must be initiated to avoid such incidents in the future.

We welcome the actions of the Ministry of Health which has shown openness in disclosing the outbreak of Leptospirosis, providing updates, and taking steps to investigate its causes. There is also ongoing cooperation between the Immigration Department and the Ministry of Health to contain the problem. This does not however absolve the agencies involved in the management of immigration detention centres from responsibility in relation to the outbreaks and the consequent deaths that occurred. Given the heightened duty and capacity of the State with regard to the right to life in a custodial setting, the government of Malaysia has a strong obligation to publicly account for the deaths of Thang Hoih Piang and Sa La Hin

We also note with regret that SUHAKAM has, over the years, failed to exhaust the scope of its mandate with regard to addressing the human rights violations experienced by non-citizens (in particular migrant workers, refugees and stateless persons).

SUHAKAM is mandated under Act 597 to exercise functions and powers in furtherance of the protection and promotion of human rights in the country, which include, human rights education and awareness raising, provision of advise and recommendations to Government in regard to legislation and administrative directives and procedures, and, recommendation to Government on subscription or accession of treaties and other international instruments in the field of human rights. Article 4(2)(1) of the Suhakam Act under 'Function and powers of the Commission' gives powers to Suhakam "to visit places of detention in accordance with procedures as prescribed by the laws relating to the places of detention and to make necessary recommendations" .

SUHAKAM has generally responded to complaints regarding migrant workers and refugees through seeking clarification from the parties alleged to have violated human rights, the conduct of dialogues and site visits, and monitoring of activities in relation to complaints received. Visits to detention centres have been accompanied by human rights awareness workshops that were organized for RELA and other government agencies though the sustainability and institutionalizatio n of these awareness raising initiatives are unclear[8].

However, out of the 51 official press statements made by SUHAKAM from 2007 to date, the only statement pertaining to non citizens was a protest against Malaysia being placed in Tier 3 in the Trafficking in Persons Report by the U.S. government[9], as rights groups, refugees and the US government continue to produce overwhelming evidence on the phenomenon.

SUHAKAM’s position on the right to health of non-citizens, both documented and undocumented, has yet to be made the subject of any unambiguous statements[10].

In 2006, SUHAKAM conducted public inquiries on deaths in custody and police brutality during public protests. Yet, despite media reports on and complaints (including memoranda) received by it alleging infringement of human rights of migrant workers, as well as admission by individual commissioners of alarming rates of deaths of individuals held in places of detention, SUHAKAM has yet to conduct a public inquiry into these infringements on human rights. SUHAKAM’s reports do not make clear how Commissioners reach decisions regarding public inquiries during their monthly meetings[11]. SUHAKAM needs to clarify the reasons for its differential response to the human rights violations experienced by citizens and non-citizens.

SUHAKAM must view the seriousness of the Leptospirosis outbreak in Juru Detention Centre with concern and act independently to ensure that justice is done for detainees. SUHAKAM must make the parties responsible for both the outbreak of Leptospirosis in the Juru detention centre and the general deterioration of conditions in detention centres across the country (which include the absence of a doctor and medical personnel stationed in detention centres) accountable. Overall, there have been an unacceptably high number of deaths of detainees in detention centres.

The following issues and allegations need urgent attention from SUHAKAM:

1. The alleged poor conditions and poor administration of Immigration Detention Centres with little or no respect to detainees and their right to life. This includes, inter alia,

a. Overcrowding of detention centres, including severe and chronic overcrowding in some facilities, poor sanitation[12]

b. Inadequate availability of hygienic and nutritious food

c. Absence of a full time doctor and health personnel in Immigration Detention Centres

d. Increase in abuse of power, violence and corruption since the taking over of Immigration Detention Centres by RELA[13]

e. The failure of the State in its duty of care towards individuals in its custody

2. The continued arrest of refugees and asylum seekers despite recommendations by the Committee on the Elimination of All Forms of Discrimination Against Women[14] and the Committee on the Rights of the Child[15] for Malaysia to adopt laws and regulations concerning the status of asylum seekers and refugees, in line with international standards to ensure their protection

3. The prolonged and indefinite detention of asylum seekers, refugees, stateless persons and undocumented migrants

a. Many asylum seekers, refugees, stateless persons and undocumented migrants are detained for long and indefinite periods in detention centres, while awaiting resettlement or deportation to the border. Thang Hoih Ping and several of his friends who were arrested on 04 November 2009 at Wangsa Permai were detained for more than 6 months

b. With respect to the persons of concern to the UNHCR, we recommend that the Government cooperates with the UNHCR for the release of such persons. The UNHCR should be allowed full access to all asylum seekers and refugees in detention centres and prisons in order to determine their status and assess their protection needs.

Urgent Recommendations

In line with these serious concerns, we call on SUHAKAM to:

1. Conduct immediately an independent and open public inquiry into the incident of the outbreak of Leptospirosis at Juru Immigration Detention Centre that has led to the deaths of two detainees and to make public the findings of the inquiry

2. Upon conclusion of the inquiry, consider and where applicable, pursue the issue of compensation to the families of the deceased Thang Hoih Piang and Sa La Hin with the government of Malaysia, including compensation of costs of burial and last rites

3. Conduct comprehensive and independent investigations on all cases of deaths in detention centres, with full public disclosure of the names, nationalities and causes of deaths

4. Fulfil its mandate to monitor detention conditions by initiating regular visits to detention centres, and to safeguard the rights of women and children in detention in accordance with recommendations by the Committee on the Elimination of Discrimination Against Women and the Committee on the Rights of the Child

5. Use its advisory and recommendatory powers to make appropriate recommendations to the Government in relation to improving detention conditions, and to monitor the implementation of these recommendations

6. Hold regular consultations with NGOs to share information relating to conditions of detention centres

7. Form a Sub-Committee on Monitoring Places of Detention which include civil society organisations, migrant and refugee groups, and relevant stakeholders in order to improve detention conditions

8. Press the Government to cease the rampant raids and arrests of refugees and asylum seekers, and to release all recognised refugees, asylum seekers and persons of concern

9. Urge the Government to ensure comprehensive registration of all asylum seekers, refugees and stateless persons and recommending cooperation with UNHCR in relation to the granting of access to all detainees who seek its assistance

10. Advise the government to set up permanent clinics at immigration detention centres, under the purview of the Ministry of Health. The clinics should be equipped with a full time medical doctor and male and female medical assistants and with adequate facilities to be able to address first line treatment needs of detainees and make referrals for medical emergencies and second line treatment.

Endorsed by:

1. Suara Rakyat Malaysia (SUARAM)

2. Health Equity Initiatives (HEI)

3. The National Human Rights Society (HAKAM)

4. ALIRAN

5. Amnesty International Malaysia (AIM)

6. Bar Council Human Rights Committee

7. Bar Council Legal Aid Centre (Kuala Lumpur)

8. Center for Orang Asli Concerns (COAC)

9. Civil Rights Committee, Kuala Lumpur and Selangor Chinese Assembly Hall (KLSCAH-CRC)

10. Civil Society Committee of LLG Cultural Development Centre (LLGCSC)

11. Community Development Centre (CDC)

12. Coordination of Action Research on AIDS and Mobility, Asia (CARAM Asia)

13. ERA Consumer

14. Jaringan Rakyat Tertindas (JERIT)

15. Jawatankuasa Kebajikan Mahasiswa/i (JKMI)

16. Labour Resource Centre (LRC)

17. Malaysia Student and Youth Democratic Movement (DEMA)

18. Malaysian Trades Union Congress (MTUC)

19. National Institute for Electoral Integrity (NIEI)

20. Parti Keadilan Rakyat (PKR)

21. Penang Watch

22. Persatuan Kesedaran Komuniti Selangor (EMPOWER)

23. Pusat Khidmat Pekerja Tanjung (PKPT)

24. Pusat Komas

25. Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS)

26. Save Ourselves (SOS)

27. Social Economic Committee, Kuala Lumpur & Selangor Chinese Assembly Hall (KLSCAH-SEC)

28. Tenaganita

29. The Justice, Peace & Solidarity In Mission Office, The Good Shepherd Sisters

30. Women’s Aid Organisation (WAO)

31. Worker’s Organisation Malaysia

32. Youth 4 Change (Y4C)

---

[1] Bernama (2009) ‘Leptospirosis Cases In Juru Reported Stable’, 24 May, at http://www.bernama. com/bernama/ v5/newsindex. php?id=413335, accessed 25 May 2009.

[2] Leptospirosis. at http://www.cdc. gov/ncidod/ dbmd/diseaseinfo /leptospirosis_ g.htm, accessed 21 May 2009.

[3] The Star (2009) ‘Outbreak of Leptospirosis at Juru detention camp’, 16 May.

[4] Migration Working Group (2007) ‘Joint Statement on RELA Taking Over Immigration Detention Centres’, 7 December.

[5] International Federation for Human Rights and Suara Rakyat Malaysia (2008) ‘Undocumented migrants and refugees in Malaysia : Raids, Detention and Discrimination’ , March.

[6] The Star (2009) ‘2571 detainees died in past nine years’, 24 March

[7] Migration Working Group (2009) ‘Deaths and Conditions of Detention of Migrants and Refugees’, 24 April.

[8] Jakarta Process (2008) ‘Traversing spaces of power. The role of national human rights institutions in the protection and promotion of human rights of migrants with irregular status and migrant domestic workers’, draft version.

[9] SUHAKAM (2007) ‘Protest on Malaysian Placement in Trafficking in Persons Report’, at http://www.suhakam. org.my/c/ document_ library/get_ file?p_l_ id=24400&folderId=26657&name=DLFE-717. pdf, accessed 21 May 2009.

[10]See Suhakam (2006) High level Policy Dialogue on Human Rights Perspectives on MDGs & Beyond.

[11] Jakarta Process (2008) supra fn.8.

[12] See Migration Working Group (2007) supra fn. 4

[13] Migrant Rights International and Migrant Forum in Asia, MRI & MFA (2008) ‘Living with RELA Operations and Whipping: An Appeal by Refugees from Burma Residing in Malaysia’, distributed at the 7^th session of the Human Rights Council, 18 March; Human Rights Committee of the Bar Council et al. (2008) ‘Memorandum to SUHAKAM on the Fire Incident at the Lenggeng Immigration Detention Centre’, submitted 15 May.

[14] Concluding comments of the Committee on the Elimination of Discrimination against Women: Malaysia , dated 31 May 2006, at www.unhchr.ch/ tbs/doc.nsf/ 385c2add1632f4a8 c12565a9004dc311 /626c3356d916bcd ec125723e003b391 a/$FILE/N0638440 .pdf, accessed 25 May 2009.

[15] Committee on the Rights of the Child Concluding Observations: Malaysia , dated 25 June 2007, at http://www.unhchr. ch/tbs/doc. nsf/(Symbol) /284f251ba9a2286 6c125730d004f0b1 6?Opendocument, accessed 25 May 2009.

Has the media been 'advised' not to cover Leptospirosis outbreak in Juru Detention except...that the sick are getting better?

Leptospirosis outbreak in Malaysian Detention Centre for undocumented migrants shocked 123 civil society groups from all over the world, that issued a joint statement on 23/5/2009. - And, of course Malaysian media did not carry the statement.

The statement was also handed over to SUHAKAM on 25/5/2009, and the media was informed about this - and again the media did not carry this event.

The statement with the additional 10 names, was again re-issued on 26/5/2009, and again the Malaysian media did not carry it.

Today(27/5/2009), a group of Malaysian NGOs will be submitting another memorandum about the Leptospirosis outbreak to SUHAKAM - I hope the media carries this story...

We would not have known about this if not for the Star news paper had not highlighted the matter, and told us about the outbreak and the subsequent 2 deaths. Thank you STAR...

But alas, this outbreak and deaths that infuriated people from across the globe, was just not covered by the local media - only the National News Agency seem to have those reports (which can only be accessed online). Sadly, the print media was no more interested (or were they just 'advised' not to cover the story).

Malaysia, sadly, has a habit of 'covering up' diseases and deaths caused by disease, industrial accidents, and police action.

Why? To protect and propagate a clean beautiful image of the country t0 attract tourist...or just to hide failings of government from its people. Outbreaks of dengue and deaths have also been many a time not reported.

This time, the death by reason of Leptospirosis, may have been reported because there was much hue and cry about that A(H1N1) flu,. and suddenly our reporters, as it was the in thing, started reporting of disease outbreaks - Leptospirosis, Meningitis, (1 died,) respiratory tract infections, etc..

The public has a right to know the truth...and the journalist and media companies have a duty and a obligation to not merely report the truth and facts - but also to do a bit of analysis as to the causes, and the persons responsible...

Follow-up news about the Leptospirosis seem to be just about numbers of persons getting better..

What brought about the outbreak? Who will be responsible for the neglect that resulted in death and sufferings? Most importantly, what will be the measures taken to prevent similar outbreaks and deaths in places of detention in Malaysia? - But alas, Malaysia's mainstream media is just not interested...(or have they been 'advised' by the government not to, for after all permits need to be re-applied every year, and in 1987 Star lost its permit for about 2 months because of the truth they published...)

It is interesting that all the rest recovered and are fine - and that makes one wonder , or rather believe, that the 2 Burmese migrants would not have died if they had speedier access to healthcare. [Remember, this is, most likely, not a disease they contracted before detention, as they have been in Detention for some time - "..Sa La Hin, 26, who had been detained in the camp since January..."

The symptoms would have manifested much earlier - and the question is when were those who died sent to hospital. When did the detaining authority detect the symptoms, and what did they do....

A collection of news reports, is attached below... (see also earlier posts, including:-

10 more join 113 in global concern about healthcare in Malaysia's detention places - 2 deaths Leptospirosis

What is the media interested in these days? Issues of farmers, migrants, detainees, etc.. are all not getting covered...

2nd Burmese dies in ' unhygienic' Malaysian Detention Centres - Leptospirosis

Now migrants are dying in Detention Centres because of diseases transmitted by 'animal urine contaminated water'...

The Health Ministry announced today that the Leptospirosis outbreak in the Juru Detention Camp, Bukit Mertajam, Penang is now stable and under control.

Health Director-General Tan Sri Dr Mohd Ismail Merican said no new cases have been reported.

"Until 8am today, the number of Leptospirosis cases being treated at the hospital remains at seven. All six cases treated at the Bukit Mertajam Hospital isolation ward and a case treated at the Seberang Jaya Hospital's intensive care unit (ICU) have been shifted to normal wards," he said in a statement here. - Bernama, 24/5/2009, Leptospirosis Cases In Juru Reported Stable

And, on 23/5/2009, the Star reported:-

Two Leptospirosis patients, treated at the isolation ward of Bukit Mertajam Hospital, Penang were discharged Saturday, said Director General of Health Tan Sri Dr Mohd Ismail Merican.

He said the remaining seven Leptospirosis patients from the Immigration detention centre at Juru, Bukit Mertajam were in stable condition and that the situation was under control.

"Six patients are being treated at the isolation ward of Bukit Mertajam Hospital (one was transferred from ICU Friday) and another is treated at the ICU ward of Seberang Jaya Hospital," he said in a statement here Saturday. - Star, 23/5/2009, Two Leptospirosis patients discharged from hospital

And, on 20/5/2009, Bernama report

One of nine Leptospirosis patients under treatment at two hospitals in Seberang Prai, Penang is still in critical condition.

Health director-general Tan Sri Dr Mohd Ismail Merican said the patient was treated at the Intensive Care Unit (ICU) of Seberang Jaya Hospital.

"Eight patients are being treated at Bukit Mertajam Hospital, one in ICU ward and seven in isolation ward. They are in stable condition," he said in a statement here Wednesday.Bernama, 20/5/2009, Leptospirosis Patient Still Critical

19/5/2009 - Star Report

A second Myanmar illegal immigrant in the Juru detention camp in Central Seberang Prai here has died of Leptospirosis.

Immigration Department director-general Abdul Rahman Othman said that the immigrant, Sa La Hin, 26, who had been detained in the camp since January, succumbed to the contagious bacterial disease late Sunday at the Bukit Mertajam Hospital.

Last Tuesday, Myanmar detainee Thang Hoih Ping, 21, died of the disease in the same hospital following an outbreak in the camp.

Abdul Rahman said that as at 11am Tuesday, 24 detainees were still warded, including one in the Seberang Jaya Hospitals intensive care unit.

Of the 24 detainees, 22 are Myanmar nationals and two are Bangladeshis.

Deeply concerned over the situation, Abdul Rahman ordered all migrant detention camps in the country to increase hygiene standards and cleanliness levels, including the preparation of food and drinks.

“We have yet to obtain an official report from the Health department on the two deaths as well as the actual cause of the outbreak.

“However, we have taken precautionary measures by stationing a medical team on daily shift duty at the Juru camp to closely monitor the situation,” he said.

Not ruling out the possibility that the disease could have been transmitted from the immigrants, Abdul Rahman said that according to standard operating procedures, a medical officer usually visited the camp once a week.

However, since the outbreak, the department had opened the doors of its detention camps nationwide for health officials to come in and provide necessary medical assistance, he said.

He also said the Juru camp’s catering tender might be reviewed if the cause of the outbreak pointed to contamination of its food and drinks.

Abdul Rahman, however, discarded over-crowding as among the reasons for the widespread of the disease, noting that the Juru detention camp merely had an additional 53 detainees compared to its 500 detainee-capacity.

He also sought the co-operation of the Myanmar embassy, to help contact the next-of-kin of the two deceased detainees to enable their bodies to be sent back immediately. - Star, 19/5/2009, Leptospirosis kills 2nd Myanmar illegal immigrant (Update)

15/5/2009 - Star Report

A 21-year-old Myanmar illegal immigrant from the Juru Detention Camp died of leptospirosis in Bukit Mertajam Hospital on Tuesday.

Twenty-four people were admitted at the Bukit Mertajam Hospital and another two at the Seberang Jaya Hospital, said State Health, Welfare and Caring Society Committee member Phee Boon Poh on Friday.

Leptospirosis is a rare, severe, and contagious bacterial infection caused by exposure to the bacteria which can be found in fresh water contaminated by animal urine. It occurs in warm climates.

The statement said that the Myanmar immigrant was hospitalised on May 7 suffering from fever, lethargy and other symptoms consistent with Leptospirosis.

More cases emerged and the affected people hospitalised.

The statement said that the camp has been disinfected including bathrooms and toilets.

Samples have been taken from all water sources, including all water tanks and sources of drinking waters for evidence of the bacterial contamination.

All inmates were being monitored daily, the statement said. - Star, 15/5/2009, Leptosprosis kills Myanmar immigrant; 26 hospitalised

Najib and Israel sounds alike - Has Malaysia become a lapdog of US? - Korean Nuclear Test & NPT

Malaysia must stop foolishly following the crowd - and dancing to the tunes played by the US....especially on the issue of nuclear weapons...

Malaysia has expressed concern over North Korea's latest nuclear test, with Prime Minister Datuk Seri Najib Tun Razak saying it could destabilise the Korean peninsula.

"I'm concerned that North Korea's display of nuclear capability will further heighten the tension in the Korean peninsula and affect the whole East Asian region," he told reporters.

Najib was asked to comment on Pyongyang's announcement Monday that it had successfully carried out an underground nuclear test, an act which received worldwide condemnation.

North Korea declared that "The current nuclear test was safely conducted on a new higher level in terms of its explosive power and technology."

This is North Korea's second nuclear test after the one in 2006.

Najib hoped that the issue could be dealt with through the six-party talks as well as through the United Nations Security Council. - Star, 26/5/2009, M’sia concerned over N. Korea’s nuclear test

Guess what, .... Najib's position is also consistent with Israel's position...

Israel viewed the nuclear test of the Democratic People's Republic of Korea (DPRK) with "extreme gravity," Israeli Foreign Ministry said Monday in a statement.

The statement was released after the DPRK said earlier Monday it successfully conducted a nuclear test, which aroused immediate concerns and various responses from the international community.

Israel was a partner to the international concern over the DPRK's action, said the statement, adding that the Jewish state is concerned about the DPRK's nuclear proliferation, which has negative ramifications for the Middle East region.

In the statement, Israeli Foreign Ministry said it expected the international community to act "with determination" to the DPRK nuclear test, "in order to send a message to other countries."- May 25 (Xinhua), Israel views DPRK nuclear test with "extreme gravity"

Najib, how can you call on that undemocratic and certainly biased UN Security Council to deal with this. Ask instead for the UN General Assembly to look into it...

Are you also not aware of the fact that North Korea has walked out of that 'six-party talks' - and surely this issue of nuclear weapons should be a concern for all nations - not just 6 parties..China, Japan, Russia, South Korea, U.S. What exactly is the US doing there? The other nations are neighbours of North Korea...so it is OK. Is the US representing the rest of the world? If there is going to be a 6th party, should it not be the UN? Or maybe we need more parties - like EU, ASEAN, etc...

We are talking about nuclear arms here, and usage of it will affect the globe...

Iran and North Korea have been discriminated against when it comes to issue of developing nuclear energy capabilities, developing long-range rocket capabilities, ..and even developing and possessing nuclear weapons.

What about ISRAEL - who recently declared that it had nuclear weapons. Where is that UN and US condemnation of Israel? Where is that call for dis-armament? Where is those UN observers...

The US and Israel are allies – a mantra repeated by virtually all American politicians, but not carefully analysed. There is a "special relationship", though not in the conventional meaning of the term as used by Aipac (the American-Israel Public Affairs Committee): the US finances and arms Israel, and the latter is the (sometimes) grateful recipient of American beneficence. Without US support, Israel would be reduced to a minor power. It would be unable to finance the occupation, the settlements in the West Bank and, of course, its nuclear arsenal. Using this leverage, the Obama administration can and should impose on Israel a policy of nuclear disarmament. - Guardian, 22/5/2009, US must rein in Israel's nuclear arms

And, now we know that the US (the country with the largest number of nuclear weapons) was fully aware of this fact since 1975. The declassification of large numbers of formerly highly classified US government documents has revealed this. Today, it is estimated that Israel has more nuclear arms compared to India, or Pakistan. [See table below that was obtained from website http://www.fas.org/nuke/guide/israel/nuke/ ] And, given the nature of Israel, and the fact that it has acted with impunity and mercilessly repeatedly with regard its neighbouring states makes it even more necessary for immediate action to dis-arm Israel's nuclear arsenal now...



But alas, the US and the UN seek only to focus world attention on Iran, North Korea...and not Israel.

Let's not forget that US has also NOT been disarming as agreed to in the Nuclear Non-Proliferation Treaty. In fact, US have been developing new nuclear weapons...US has also, it is said, to have placed nuclear arms in the hands of NATO member countries - again something that goes against the NPT. As an example, just read the World Council of Churches 2004 Statement, which will give you an idea of US and other states transgressions... [One cannot say that there is any anti-US or 'islamic' or 'anti-semitic' statement now...]

Statement by the WCC Executive Committee, Geneva, 17-20 February, 2004

The Executive Committee of the World Council of Churches, meeting in Geneva
from 17-20 February, 2004,

Affirming yet again our belief that the only ultimate protection against nuclear
weapons is their total elimination;

Responding to the urgent public concern given to nuclear weapons and the risk
of proliferation of these weapons;

Reaffirming the persistent witness of the churches, that nuclear weapons cannot
bring security and that nuclear arsenals "deliver only insecurity and peril through
their promise to annihilate life itself and to ravage the global ecosystem" through
which God sustains all earthly life;

Recognizing the suffering of the many victims of nuclear testing, in particular
in the Pacific and the former Soviet Union;

Recalling the "Statement on Nuclear Disarmament" of the WCC Central Committee
(29 January-6 February, 2001) that the post-Cold War opportunity to make major
advances toward the elimination of nuclear weapons is being lost due to the failure
of states to honour their unambiguous obligations under the Nuclear Non-
Proliferation Treaty (NPT) and the undertakings solemnly agreed to in the May
2000 NPT Review Conference; and

Noting that the forthcoming 2005 NPT Review Conference affords a new opportunity
to reinvigorate nuclear disarmament commitments and efforts;

The Executive Committee:

Reiterates its grave and ongoing concern that certain policies and practices of
nuclear weapon-states undermine international progress towards nuclear disarmament,
and draws attention to:

• Continuing efforts by the United States to develop new generations of nuclear weapons;
• The abrogation by the United States of the Anti-Ballistic Missile Treaty, and US pursuit of strategic ballistic missile defence in spite of is destabilizing impact on the international strategic environment;
• Assertion by the United States of nuclear use doctrines, including threats to use nuclear weapons against non-nuclear-weapon states party to the NPT, that undercut negative security assurances;
• The failure of China, India, Israel, Pakistan, North Korea and the United
States to ratify the Comprehensive Test Ban Treaty;
• The revival of the uranium enrichment programme of North Korea;
• Russia's failure to undertake verifiable reductions of its non-strategic nuclear
weapons;
• The dangerous practice in Russia and the United States of maintaining strategic weapons on ongoing high alert status;
• The failure of the Russia-US Strategic Offensive Reductions Treaty to require the permanent dismantling of warheads removed from active deployment;
• China's measures to expand and upgrade its strategic nuclear arsenal;
• NATO's "nuclear sharing" policy which places nuclear weapons on the territories of non-nuclear states party to the NPT;
• NATO's continuing assertion of that nuclear weapons are "essential" to its security, and its pledge to retain them for the foreseeable future; and
• The continued retention of nuclear weapons by Israel, Pakistan and India and the failure of the international community seriously to challenge these violations of the international norm against nuclear weapons acquisition;

Welcomes the ongoing struggle of many governments and civil society groups
to advance nuclear disarmament and to prevent the spread of nuclear weapons,
and draws attention to:

• The decision of the Government of Libya to disavow the pursuit of nuclear
weapons ands to open its nuclear facilities to international inspection;
• The decision of the Government of Iran to accept the International Atomic
Energy Agency (IAEA) additional protocol and to open its facilities to more
intensive inspections;
• The continuing efforts, especially by China, Japan, Russia, South Korea
and the United States, to engage North Korea in pursuit of a full commitment
to permanently forego the pursuit of nuclear weapons and to recommit
to the NPT as a non-nuclear state party;
• The 2002 G8 pledge of US$ 20 billion in support of the Global Partnership
against the Spread of Weapons and Materials of Mass Destruction, with a
priority focus on securing Russia's nuclear materials; and
• The role of civil society organizations around the world in continuing to
undertake research and public advocacy in support of the urgent objective
of eliminating nuclear weapons;

Urges all States to make renewed and unprecedented efforts to ensure that the
current NPT Review Process, leading to the 2005 NPT Review Conference, reinvigorates
nuclear disarmament efforts, leads states to recommit to the principles
and goals of the NPT, and sets the world on a path towards the final elimination
of nuclear weapons through support for a series of bold measures, including:

• A halt to all nuclear weapons research and development;
• The early approval and ratification of the Comprehensive Test Ban Treaty
(CTBT);
• Rejection of strategic Ballistic Missile Defence;
• Pledges by all nuclear weapon states, in a series of interim measures, to:
• never be the first to use nuclear weapons,
• fulfill their unequivocal undertaking to accomplish the total elimination
of their nuclear arsenals, to which all States Parties are committed under
Article VI of the NPT,
• never use or threaten to use nuclear weapons against non-nuclear-weapon
states party to the NPT;
• permanently remove their nuclear weapons from high-alert status;
• permanently remove all nuclear weapons from the territories of non-nuclear
weapon states;
• Steps by Russia and the United States to make all their nuclear disarmament
agreements irreversible through requirements to dismantle permanently
all weapons removed from active deployment;
• Early commitment to the commencement of negotiations on a Fissile Material
Cut-Off Treaty;
• Efforts by Global Partnership states to accelerate implementation of Partnership
objectives; and
• A recommitment to preventing the horizontal proliferation of nuclear
weapons and weapons technology by:
• providing the political and material support necessary to enable the IAEA
to carry out its responsibilities,
• continuing to press Iran and North Korea to abandon all uranium enrichment
and plutonium extraction efforts towards a fully verifiable return to
a status of non-nuclear states party to the NPT;
• Providing for the return of international inspectors to Iraq to verify its full
compliance with its obligation as a non-nuclear party to the NPT;
• Commitment by all States to uphold and strengthen the multilateral framework
for nuclear disarmament and non-proliferation;

Encourages civil society organizations to:

• Continue to monitor nuclear weapons issues and developments;
• Continue to challenge states to redouble their nuclear disarmament efforts
in accord with the requirement of the NPT and, especially, in accord with
the requirements for human security;
• Urge the states responsible for carrying out nuclear tests, that adequate
compensation should be given to victims of these tests;

Calls on churches in the context of the Decade to Overcome Violence to renew
their witness for peace and disarmament through education, public awarenessbuilding
and advocacy to overcome the continuing threat of nuclear weapons; and
Asks the WCC to continue to:

• Monitor nuclear disarmament efforts generally;
• Encourage NATO governments to renounce their reliance on nuclear weapons;
and
• Explore ways of promoting attention to nuclear disarmament in Israel,
Pakistan and India.

Let us go back to the Nuclear Non-Proliferation Treaty

The Treaty on the Non-Proliferation of Nuclear Weapons, also referred to as the Nuclear Non-Proliferation Treaty (NPT), obligates the five acknowledged nuclear-weapon states (the United States, Russian Federation, United Kingdom, France, and China) not to transfer nuclear weapons, other nuclear explosive devices, or their technology to any non-nuclear-weapon state. Nuclear weapon States Parties are also obligated, under Article VI, to "pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament, and on a treaty on general and complete disarmament under strict and effective international control." Non-nuclear-weapon States Parties undertake not to acquire or produce nuclear weapons or nuclear explosive devices....The NPT is the most widely accepted arms control agreement; only Israel, India, and Pakistan have never been signatories of the Treaty, and North Korea withdrew from the Treaty in 2003. - FAS's Nuclear Information Project

We should never be carried away from the more pressing issues, and the more serious violations of the NPT by those who are powerful (the US, ect),...Remember, they also control major media groups. They will dictate the agenda and our perspective - that is, if we allow them to.

When Iran or some 3rd world country tries to get back on track, the US and the media it controls (or influences) calls it an attempt to distract from the real issues. US violations of the treaty obligations must be addressed...

The more serious concern is not Iran's nuclear programme, or the North Korea.. (but these are the 2 issues that seem to have dominated our media sources...

Malaysia did play an important role as a check & balance against US (and its cronies) domination of the world agenda - but alas, today Najib seems to have caused Malaysia to be perceived as just another of the lapdogs of US.

Be brave Najib - call on the US to fulfil its NPT treaty obligations...

10 more join 113 in global concern about healthcare in Malaysia's detention places - 2 deaths Leptospirosis

Joint Statement - 23/5/2009 (Re-issue-25/ 5/2009)

* The Joint Statement was also handed over to SUHAKAM on 25/5/2009, and received by HR Commissioner Khoo Kay Kim

DEATH OF 2 BURMESE INDICATIVE OF STATE OF DETENTION PLACES IN MALAYSIA

DENIAL OF HEALTHCARE IS A VIOLATION OF RIGHT TO LIFE

We, the undersigned, are alarmed to hear that Sa La Hin, 26, and Thang Hoih Ping, 21, two Burmese migrants, have died in the Malaysia’s Juru Immigration Detention Centre from Leptospirosis. This is disease that is usually caused by exposure to water contaminated with the urine of infected animals, such as rodents, cattle, pigs, horses, dogs and wild animals. The fact, that 2 persons are dead and others have been infected by this disease, again highlights the state of hygiene, cleanliness and healthcare at Malaysian Detention Centres.

We recall that it was reported in the media in December 2008, that "About 1,300 illegal foreigners have died during detention in the past six years, Malaysia Nanban quoted Malaysian Human Rights (Suhakam) commissioner Datuk N. Siva Subramaniam as saying. He said many of them died in immigration detention centres, prisons and police lockups because they were denied medical treatment at the right time.” [Star, 18/12/2008, ‘1,300 foreign detainees died due to neglect’]. Now, Sa La Hin and Thang Hoih Ping may just be the latest additions to that list of detainees that died due to similar reasons.

We also recall the words of SUHAKAM in their response to the Asian Human Rights Commission (AHRC) dated 13/1/2009, that correctly stated that ‘…SUHAKAM views the denial of medical attention to the point of endangering one’s life as a serious violation of that person’s right to life….’

These deaths may have been avoided if medical attention was provided promptly, and we call for an independent public inquiry to determine whether there was such negligence on the part of the Ikatan Relawan Rakyat or better known as RELA (a People's Volunteer Corps), and the Immigration officers, who are currently responsible for Immigration Detention Centres in Malaysia.

We do appreciate the fact that the Director General of Immigration has now decided that ‘cleanliness and hygiene at immigration depots nationwide are to be stepped-up to ensure safety of staff and inmates there against contracting infectious diseases’ (Bernama, 19/5/2009, Cleanliness, Hygiene at Immigration Depot to Be Stepped Up).

We hope that this is not merely a knee-jerk response, which is temporary in nature, but a new and permanent commitment by Malaysia to improve standards and conditions of Detention Centres and other places of detention.

The current once a week visit by a medical officer to the Detention Centres is certainly inadequate. There should be, at the very least, a permanent clinic/dispensary manned by a medical assistant, with a doctor visiting detainees for several hours at least once every two days or more frequently.

New users of the Detention facility should also be determined free from easily transmittable diseases like Tuberculosis and the A(H1N1) flu before being introduced to the general population of detention places.

There should also be regular visits by the Health Officer, who shall monitor the conditions, including of the living and sleeping environment, of the Detention Centre to ensure that it meets the highest standards of hygiene and cleanliness.

The foods, and all aspects of food preparation, also need to be monitored by the Health Department especially since there is a possibility that the fault in the recent deaths could be the current caterer of food and drink.

With regard to those who have died, we are of the opinion that their family and/or dependents should be given adequate compensation by the persons responsible, the detaining authority and the Malaysian government.

Officers and persons responsible for the acts or omissions that resulted in death and suffering should be charged and prosecuted for these crimes. They should not be permitted to hide behind safeguards provided to public servants and/or the RELA volunteers, which unfortunately only promotes culture of impunity with no sense of responsibility and respect for human life.

We, the undersigned, call on the Malaysian Human Rights Commission (SUHAKAM) to immediately commence a public inquiry into these deaths and detention places generally, and come up with concrete recommendations which could be implemented that will improve state of cleanliness, hygiene and healthcare of all detention places in Malaysia.

We are also call upon the Ministry of Health and the government of Malaysia to take necessary steps to ensure that proper steps be taken to ensure that such disregard for life does not happen again.

We reiterate the call for the abolition of RELA, and restate our position that law enforcement, and management of detention places should be done by professionally trained full-time public servants, not volunteers.

Charles Hector
Pranom Somwong


For and on behalf of the 123 organizations/ groups listed below:-

Action for Health Initiatives (ACHIEVE), Inc, Philippines

Action Network for Migrants (ANM), Thailand

All Women's Action Society (AWAM), Malaysia

Alternative ASEAN Network on Burma

Asia Pacific Forum on Women Law and Development (APWLD)

Asia Pacific Mission for Migrants (APMM), Hong Kong

Asia-Pacific Solidarity Coalition (APSOC)

Asia Pacific Workers Solidarity Link (APWSL), Korea

Asian Forum for Human Rights and Development (FORUM-ASIA)

Asian Migrants' Coordinating Body - Hong Kong (AMCB-HK)

Assistance Association for Political Prisoners ( Burma )-AAPP

Association of Indonesian Migrant Workers (Asosiasi Tenaga Kerja Indonesia )

Bahrain Center for Human Rights

Bar Council Human Rights Committee , Malaysia

Bar Council's Legal Aid Centre , Malaysia

BAYAN USA

Building and Wood Workers International, Asia Pacific Regional Office

Burma Campaign Australia

Burma Campaign , Malaysia

Burma Campaign UK

Burma Centre Delhi (BCD)

Burma's Nationalities Association (BNA)- Norway

Burma Partnership

Cambodian Women's Crisis Center , Cambodia

Canadian Friends of Burma (CFOB)

CDS (Community Development Services), Sri Lanka

Center for Migrant Advocacy, Philippines

Center for Indonesian Migrant Workers - CIMW – Indonesia

Center for Orang Asli Concerns (COAC), Malaysia

Centre for Public Policy Studies (CPPS), Malaysia

Chin Human Rights Organization

Civil Society Committee of LLG Cultural Development Centre (LLGCSC) Columban Center for Advocacy and Outreach ( USA )

Commission For Filipino Migrant Workers (CFMW) - The Netherlands

Committee for Asian Women (CAW)

Coordination of Action Research on AIDS & Mobility (CARAM - Asia )

Democratic Party for a New Society (DPNS), Burma

Development Action for Women Network (DAWN), Philippines

Empower Foundation, Thailand

Ethnic Nationalities Council

FIDH - International Federation for Human Rights

Filipino Migrant Workers' Union - Hong Kong (FMWU)

Forum for Democracy in Burma

Foundation for Education and Development (Formerly, Grassroots HRE ( Burma )

Free Burma Coalition - Philippines (FBC-Phils)

Free Burma Campaign , South Africa

Friends of Burma , Malaysia

Global Alliance Against Traffic in Women (GAATW)

HAKAM - National Human Rights Society , Malaysia

Health Equity Initiatives, Malaysia


H.O.M.E. (Humanitarian Organization for Migration Economics), Singapore

Hope Workers’ Center , Taiwan

HRWG - Indonesia 's NGO Coalition for International Advocacy

Hsinchu Catholic Diocese Migrants and New Immigrants Service Center , Taiwan

Human Rights Foundation of Monland

IMPARSIAL, the Indonesia Human Rights Monitor, Jakarta – Indonesia

INFID (International NGO Forum on Indonesian Development)

Initiatives for International Dialogue (IID)

Institute for National and Democratic Studies ( INDIES )

International Migrant Foundation-Banglade sh

Kachin Women's Association Thailand

KAFIN Migrant Center, Japan

KAFIN - Saitama , Japan

Kayan National Development Foundation (KNDF)

Khmer Kampuchea Krom Human rights Organisation (KKKHRO), Cambodia

Labornet Korea

Labour Resource Centre , Malaysia

Legal Support for Children and Women (LSCW), Cambodia

LHRLA (Lawyers for Human Rights & Legal Aid), Pakistan

MADPET (Malaysians against Death Penalty and Torture)

Malaysian Trade Union Congress (MTUC)

Mekong Migration Network (MMN)

Migrant CARE, Perhimpunan Indonesia untuk Buruh Migran Berdaulat

Migrant Forum in Asia (MFA)

MIGRANTE Europe

MIGRANTE Middle East

MIGRANTE International

MIGRANTE - Nagoya

MIGRANTE - UAE

Mindanao Migrants Center for Empowering Actions, Inc. (MMCEAI)

Myanmar Ethnic Rohingyas Human Rights Organization Malaysia (MERHROM)

National Democratic Party for Human Rights(NDPHR) (exile),SEA Regional Office

National League for Democracy [NLD (LA)], Malaysia

National Institute for Electoral Integrity (NIEI), Malaysia

National Network for Immigrant and Refugee Rights, U.S.

Network for Democracy and Development, Thailand

Network of Action for Migrants in Malaysia (NAMM)

New Zealand Burma Support Group

NY Committee for Human Rights in the Philippines

OKUP (Ovibashi Karmi Unnayan Program), Bangladesh

Osan Migrant Workers Center in South Korea

Overseas Mon Coordinating Committee (OMCC)

Pakistan Rural Workers Social; Welfare Organization

Palaung State Liberation Front (PSLF)

Parti Keadilan Rakyat (PKR)

Parti Rakyat Malaysia (PRM)

Peoples Service Organization (PSO), Malaysia

Persatuan Kesedaran Komuniti Selangot (EMPOWER)

Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS), Malaysia

Persatuan Sahabat Wanita, Selangor


Platform of Filipino Migrant Organisations in Europe - The Netherlands

POURAKHI, Nepal

Pusat KOMAS, Malaysia

Raks Thai Foundation , Thailand

Rohingya Youth Development Forum (RYDF), Malaysia

Shan Refugee Organization Malaysia (SRO)

Shan Women's Action Network (SWAN)

Shwe Gas Movement

Solidaritas Perempuan, Indonesia

St. John's Cathedral HIV Education Centre, Hong Kong

Suara Rakyat Malaysia (SUARAM)

Tenaganita, Malaysia

The Foundation for the Health and Knowledge of Ethnic Labour (MAP)

The Justice, Peace & Solidarity in Mission Office, The Good Shepherd Sisters

The Micah Mandate

Transient Workers Count Too, Singapore

United Filipinos in Hong Kong (UNIFIL-MIGRANTE- HK)

U.S. Campaign for Burma

WARBE Development Foundation - Bangladesh

Women's Aid Organisation (WAO), Malaysia

Women's League of Burma

Workers Hub for Change (WH4C)

Yaung Chi Oo Workers Association (YCOWA), Thailand



113 – 23/5/2009

123 - as of 25/5/2009





* For further information, please contact Charles Hector (chef@tm.net. my) or Pranom Somwong (Bee) (p_somwong@yahoo. com) at 019-2371 300

What is the media interested in these days? Issues of farmers, migrants, detainees, etc.. are all not getting covered...

This morning (25/5/2009), there were 3 complaints made to SUHAKAM

11.00 am - Some farmers from Perak, who had been farmers for decades (even generations) were there to complain that their farming land have been taken by the government. Some said that their applications for land for farming also had gone unheeded all these years. A very important issue - when suddenly farmers lose their farms....(The MP for Sungai Siput was also present for this)

12.00 am - The handing over of the statement by 113 organizations/groups entitled 'DEATH OF 2 BURMESE INDICATIVE OF STATE OF DETENTION PLACES IN MALAYSIA - DENIAL OF HEALTHCARE IS A VIOLATION OF RIGHT TO LIFE". The issue was detention places in Malaysia. The issue was cleanliness and hygiene of detention places. The issue was healthcare. The issue was how could people be dying by Leptospirosis - caused by exposure to water contaminated by animal urine. The issue was how come 2 died - when early detection and early healthcare may have prevented 2 human being from dying...

12.45am - DAP Teratai assemblyperson Jenice Lee today slammed the police, saying the police violated her rights and harassed her during her recent detention... (no need to elaborate - for I am sure it will be covered by both alternative and mainstream media...)

All groups have informed the media - BUT, which do you think will get the media coverage?

Which will be covered by the mainstream media?

Which will be covered by the alternative media?

It is sad that many other rights issues and concerns of the normal ordinary persons are just being 'overlooked' ....

By-elections, political games, in-fighting in political parties, scandals, etc are getting the lime light...

FARMERS and their land problems - who cares?

DETENTION CENTRES - death of migrants - who cares? [Further, these are not person with the right to vote...so why bother?]
- some say it may be 'political suicide' if we are seen to be talking about migrant rights when Malaysians are also facing the impact of this economic crisis...

Really, we need to get our priorities rights - and our concern must be for all matters of human rights and justice...

All the more for alternative pro-people media like Malaysiakini to work harder and cover all these other struggles and issues concerning poor farmers, lurban settlers, factory workers, migrant workers, detainees...etc..

Joint Statement - 23/5/2009

DEATH OF 2 BURMESE INDICATIVE OF STATE OF DETENTION PLACES IN MALAYSIA

DENIAL OF HEALTHCARE IS A VIOLATION OF RIGHT TO LIFE

We, the undersigned, are alarmed to hear that Sa La Hin, 26, and Thang Hoih Ping, 21, two Burmese migrants, have died in the Malaysia’s Juru Immigration Detention Centre from Leptospirosis. This is disease that is usually caused by exposure to water contaminated with the urine of infected animals, such as rodents, cattle, pigs, horses, dogs and wild animals. The fact, that 2 persons are dead and others have been infected by this disease, again highlights the state of hygiene, cleanliness and healthcare at Malaysian Detention Centres.

We recall that it was reported in the media in December 2008, that "About 1,300 illegal foreigners have died during detention in the past six years, Malaysia Nanban quoted Malaysian Human Rights (Suhakam) commissioner Datuk N. Siva Subramaniam as saying. He said many of them died in immigration detention centres, prisons and police lockups because they were denied medical treatment at the right time.” [Star, 18/12/2008, ‘1,300 foreign detainees died due to neglect’]. Now, Sa La Hin and Thang Hoih Ping may just be the latest additions to that list of detainees that died due to similar reasons.

We also recall the words of SUHAKAM in their response to the Asian Human Rights Commission (AHRC) dated 13/1/2009, that correctly stated that ‘…SUHAKAM views the denial of medical attention to the point of endangering one’s life as a serious violation of that person’s right to life….’

These deaths may have been avoided if medical attention was provided promptly, and we call for an independent public inquiry to determine whether there was such negligence on the part of the Ikatan Relawan Rakyat or better known as RELA (a People's Volunteer Corps), and the Immigration officers, who are currently responsible for Immigration Detention Centres in Malaysia.

We do appreciate the fact that the Director General of Immigration has now decided that ‘cleanliness and hygiene at immigration depots nationwide are to be stepped-up to ensure safety of staff and inmates there against contracting infectious diseases’ (Bernama, 19/5/2009, Cleanliness, Hygiene at Immigration Depot to Be Stepped Up).

We hope that this is not merely a knee-jerk response, which is temporary in nature, but a new and permanent commitment by Malaysia to improve standards and conditions of Detention Centres and other places of detention.

The current once a week visit by a medical officer to the Detention Centres is certainly inadequate. There should be, at the very least, a permanent clinic/dispensary manned by a medical assistant, with a doctor visiting detainees for several hours at least once every two days or more frequently.

New users of the Detention facility should also be determined free from easily transmittable diseases like Tuberculosis and the A(H1N1) flu before being introduced to the general population of detention places.

There should also be regular visits by the Health Officer, who shall monitor the conditions, including of the living and sleeping environment, of the Detention Centre to ensure that it meets the highest standards of hygiene and cleanliness.

The foods, and all aspects of food preparation, also need to be monitored by the Health Department especially since there is a possibility that the fault in the recent deaths could be the current caterer of food and drink.

With regard to those who have died, we are of the opinion that their family and/or dependents should be given adequate compensation by the persons responsible, the detaining authority and the Malaysian government.

Officers and persons responsible for the acts or omissions that resulted in death and suffering should be charged and prosecuted for these crimes. They should not be permitted to hide behind safeguards provided to public servants and/or the RELA volunteers, which unfortunately only promotes culture of impunity with no sense of responsibility and respect for human life.

We, the undersigned, call on the Malaysian Human Rights Commission (SUHAKAM) to immediately commence a public inquiry into these deaths and detention places generally, and come up with concrete recommendations which could be implemented that will improve state of cleanliness, hygiene and healthcare of all detention places in Malaysia.

We are also call upon the Ministry of Health and the government of Malaysia to take necessary steps to ensure that proper steps be taken to ensure that such disregard for life does not happen again.

We reiterate the call for the abolition of RELA, and restate our position that law enforcement, and management of detention places should be done by professionally trained full-time public servants, not volunteers.

Charles Hector
Pranom Somwong

For and on behalf of the 113 organizations/groups listed below:-

Action for Health Initiatives (ACHIEVE), Inc, Philippines
Action Network for Migrants (ANM), Thailand
All Women's Action Society (AWAM), Malaysia
Alternative ASEAN Network on Burma
Asia Pacific Forum on Women Law and Development (APWLD)
Asia Pacific Mission for Migrants (APMM), Hong Kong
Asia-Pacific Solidarity Coalition (APSOC)
Asia Pacific Workers Solidarity Link (APWSL), Korea
Asian Migrants' Coordinating Body - Hong Kong (AMCB-HK)
Assistance Association for Political Prisoners (Burma)-AAPP
Bahrain Center for Human Rights
Bar Council Human Rights Committee, Malaysia
Bar Council's Legal Aid Centre, Malaysia
BAYAN USA
Building and Wood Workers International, Asia Pacific Regional Office
Burma Campaign Australia
Burma Campaign, Malaysia
Burma Campaign UK
Burma Centre Delhi (BCD)
Burma's Nationalities Association (BNA)- Norway
Burma Partnership
Cambodian Women's Crisis Center
Canadian Friends of Burma (CFOB)
CDS (Community Development Services), Sri Lanka
Center for Migrant Advocacy, Philippines
Center for Orang Asli Concerns (COAC), Malaysia
Centre for Public Policy Studies (CPPS), Malaysia
Chin Human Rights Organization
Civil Society Committee of LLG Cultural Development Centre (LLGCSC)
Columban Center for Advocacy and Outreach (USA)
Commission For Filipino Migrant Workers (CFMW) - The Netherlands
Committee for Asian Women (CAW)
Coordination of Action Research on AIDS & Mobility (CARAM -Asia)
Democratic Party for a New Society (DPNS), Burma
Development Action for Women Network (DAWN), Philippines
Empower Foundation, Thailand
Ethnic Nationalities Council
FIDH - International Federation for Human Rights
Filipino Migrant Workers' Union - Hong Kong (FMWU)
Forum for Democracy in Burma
Foundation for Education and Development (Formerly, Grassroots HRE (Burma)
Free Burma Coalition - Philippines (FBC-Phils)
Free Burma Campaign, South Africa
Friends of Burma, Malaysia
Global Alliance Against Traffic in Women (GAATW)
HAKAM - National Human Rights Society, Malaysia
Health Equity Initiatives, Malaysia
H.O.M.E. (Humanitarian Organization for Migration Economics), Singapore
Hope Workers’ Center, Taiwan
HRWG - Indonesia's NGO Coalition for International Advocacy
Hsinchu Catholic Diocese Migrants and New Immigrants Service Center, Taiwan
IMPARSIAL, the Indonesia Human Rights Monitor, Jakarta – Indonesia
INFID (International NGO Forum on Indonesian Development)
Initiatives for International Dialogue (IID)
Kachin Women's Association Thailand
KAFIN Migrant Center, Japan
KAFIN - Saitama, Japan
Kayan National Development Foundation (KNDF)
Khmer Kampuchea Krom Human rights Organisation (KKKHRO), Cambodia
Labornet Korea
Labour Resource Centre, Malaysia
Legal Support for Children and Women (LSCW), Cambodia
LHRLA (Lawyers for Human Rights & Legal Aid), Pakistan
MADPET (Malaysians against Death Penalty and Torture)
Malaysian Trade Union Congress (MTUC)
Mekong Migration Network (MMN)
Migrant CARE, Perhimpunan Indonesia untuk Buruh Migran Berdaulat
Migrant Forum in Asia (MFA)
MIGRANTE Europe
MIGRANTE Middle East
MIGRANTE International
MIGRANTE - Nagoya
MIGRANTE - UAE
Mindanao Migrants Center for Empowering Actions, Inc. (MMCEAI)
Myanmar Ethnic Rohingyas Human Rights Organization Malaysia (MERHROM)
National Democratic Party for Human Rights(NDPHR)(exile),SEA Regional Office
National League for Democracy [NLD (LA)], Malaysia
National Institute for Electoral Integrity (NIEI), Malaysia
National Network for Immigrant and Refugee Rights, U.S.
Network for Democracy and Development, Thailand
Network of Action for Migrants in Malaysia (NAMM)
New Zealand Burma Support Group
NY Committee for Human Rights in the Philippines
OKUP (Ovibashi Karmi Unnayan Program), Bangladesh
Osan Migrant Workers Center in South Korea
Palaung State Liberation Front (PSLF)
Parti Keadilan Rakyat (PKR)
Parti Rakyat Malaysia (PRM)
Peoples Service Organization (PSO), Malaysia
Persatuan Kesedaran Komuniti Selangot (EMPOWER)
Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS), Malaysia
Persatuan Sahabat Wanita, Selangor
Platform of Filipino Migrant Organisations in Europe - The Netherlands
POURAKHI, Nepal
Pusat KOMAS, Malaysia
Raks Thai Foundation, Thailand
Rohingya Youth Development Forum (RYDF), Malaysia
Shan Refugee Organization Malaysia (SRO)
Shan Women's Action Network (SWAN)
Shwe Gas Movement
St. John's Cathedral HIV Education Centre, Hong Kong
Suara Rakyat Malaysia (SUARAM)
Tenaganita, Malaysia
The Foundation for the Health and Knowledge of Ethnic Labour (MAP)
The Justice, Peace & Solidarity in Mission Office, The Good Shepherd Sisters
The Micah Mandate
Transient Workers Count Too, Singapore
United Filipinos in Hong Kong (UNIFIL-MIGRANTE-HK)
U.S. Campaign for Burma
WARBE Development Foundation - Bangladesh
Women's Aid Organisation (WAO), Malaysia
Women's League of Burma
Workers Hub for Change (WH4C)

Lourdes Mary - denial of medical attention to the point of endangering one’s life as a serious violation of that person’s right to life

The state of hygiene, cleanliness and availability of healthcare in Malaysian Detention centres is again being highlighted by the deaths of 2 at Juru Detention Centre (a Detention Centre where allegedly undocumented migrants are detained) - by a disease caused by exposure to water contaminated with the urine of infected animals, such as rodents, cattle, pigs, horses, dogs and wild animals...

A few months ago, Lourdes Mary collapsed in court - She was a diabetic, and she had allegedly not been given her diabetic medication when she was detained by the police in the police lock-up. When she fainted in court, her feet was swollen - she may have died....

In the case of Lourdes Mary, SUHAKAM views the denial of medical attention to the point of endangering one’s life as a serious violation of that person’s right to life. If there was such negligence on the part of the police, we agree that the matter should be investigated into and proper steps should be talcen to ensure that such disregard for life does not happen again, As such, SUHAKAM will highlight the matter to the police and recommend for a thorough investigation to be conducted into the matter. - letter of SUHAKAM to AHRC dated 13/1/2009

Health-care in detention in Malaysia is a very serious concern today...

People are dying in custody by reason of the government failing to provide the necessary health-care.

Persons under detention, who in normal circumstances would have been admitted in hospitals, and just taken back to their lock-ups and places of detention - and some die.

Persons who need to be sent to the hospital must be sent there immediately...

Persons who need to be hospitalized must be hospitalized.

Generally, the place of detention that is worst off in terms of conditions and hygine is the Malaysian police lock-ups. The men's lock-ups are worst off compared with those for women. Remand prisons and prison lock-ups are so much better compared to police lock-ups.

The Detention Centres for undocumented migrants is also very bad.

Recalling some of the cases highlighted in the media...

LOURDES MARY ...

During the remand hearing, one of the female detainee, Lourdes Mary, fainted in court while explaining the lock-up condition to the magistrate.

According to Surendran, the detainee is a diabetic and her legs have swollen twice the size as she was unable to obtain insulin since her detention yesterday.

“I have never seen this kind of neglect in court before,” lamented the lawyer.

Meanwhile, another legal team member M Manogaran criticised the police for demanding lawyers to register themselves before entering the court building and for barring journalists from entering the complex. - Malaysiakini, 24/10/2008 Child, mother freed, 10 remanded

That incident was also reported in the Star,

At around noon, there was a minor commotion when Lourdes Mary, who is believed to be suffering from diabetes, fainted in the midst of remand proceedings and had to be carried out of the courtroom into a nearby car to be taken to the Putrajaya Hospital. - Star, 24/10/2008 -Ten Hindraf supporters remanded for three days (updated) Source: Earlier Posting

It is dissapointing that little has been done by the Malaysian government to improve the state of healthcare in detention places .... In fact, nothing seem to have been done about Lourdes Mary's case...

Many, who have been arrested by the police and placed in police lock-ups also will be able to testify as to the state of healthcare availability ...cleanliness and hygiene..

It is said that detention places in Malaysia is the police lock-up, followed by the often over-crowded 'illegal migrant' Immigration Detention Centres...

Let's not forget that the recent call by 113 groups/organisations relates to the state of healthcare, hygiene and cleanliness of ALL detention places in Malaysia...

We know of the 2 deaths in Juru Detention Centre because the media reported it - and we wonder how many more have unnecessarily died by reason of lack of healthcare. Remember that SUHAKAM told us that 1,300 'illegal foreigners' died in custody - many 'died in immigration detention centres, prisons and police lockups because they were denied medical treatment at the right time.' How many documented migrants died because of the same reason. How many Malaysians died for this very same reason.

These are all deaths that could have been avoided - and they will all be living if Malaysia's detention places were hygiene, clean and proper healthcare...

Royal Commission of Inquiry... ? Independent Commission of Inquiry? ...

Joint Statement - 23/5/2009

DEATH OF 2 BURMESE INDICATIVE OF STATE OF DETENTION PLACES IN MALAYSIA

DENIAL OF HEALTHCARE IS A VIOLATION OF RIGHT TO LIFE

We, the undersigned, are alarmed to hear that Sa La Hin, 26, and Thang Hoih Ping, 21, two Burmese migrants, have died in the Malaysia’s Juru Immigration Detention Centre from Leptospirosis. This is disease that is usually caused by exposure to water contaminated with the urine of infected animals, such as rodents, cattle, pigs, horses, dogs and wild animals. The fact, that 2 persons are dead and others have been infected by this disease, again highlights the state of hygiene, cleanliness and healthcare at Malaysian Detention Centres.

We recall that it was reported in the media in December 2008, that "About 1,300 illegal foreigners have died during detention in the past six years, Malaysia Nanban quoted Malaysian Human Rights (Suhakam) commissioner Datuk N. Siva Subramaniam as saying. He said many of them died in immigration detention centres, prisons and police lockups because they were denied medical treatment at the right time.” [Star, 18/12/2008, ‘1,300 foreign detainees died due to neglect’]. Now, Sa La Hin and Thang Hoih Ping may just be the latest additions to that list of detainees that died due to similar reasons.

We also recall the words of SUHAKAM in their response to the Asian Human Rights Commission (AHRC) dated 13/1/2009, that correctly stated that ‘…SUHAKAM views the denial of medical attention to the point of endangering one’s life as a serious violation of that person’s right to life….’

These deaths may have been avoided if medical attention was provided promptly, and we call for an independent public inquiry to determine whether there was such negligence on the part of the Ikatan Relawan Rakyat or better known as RELA (a People's Volunteer Corps), and the Immigration officers, who are currently responsible for Immigration Detention Centres in Malaysia.

We do appreciate the fact that the Director General of Immigration has now decided that ‘cleanliness and hygiene at immigration depots nationwide are to be stepped-up to ensure safety of staff and inmates there against contracting infectious diseases’ (Bernama, 19/5/2009, Cleanliness, Hygiene at Immigration Depot to Be Stepped Up).

We hope that this is not merely a knee-jerk response, which is temporary in nature, but a new and permanent commitment by Malaysia to improve standards and conditions of Detention Centres and other places of detention.

The current once a week visit by a medical officer to the Detention Centres is certainly inadequate. There should be, at the very least, a permanent clinic/dispensary manned by a medical assistant, with a doctor visiting detainees for several hours at least once every two days or more frequently.

New users of the Detention facility should also be determined free from easily transmittable diseases like Tuberculosis and the A(H1N1) flu before being introduced to the general population of detention places.

There should also be regular visits by the Health Officer, who shall monitor the conditions, including of the living and sleeping environment, of the Detention Centre to ensure that it meets the highest standards of hygiene and cleanliness.

The foods, and all aspects of food preparation, also need to be monitored by the Health Department especially since there is a possibility that the fault in the recent deaths could be the current caterer of food and drink.

With regard to those who have died, we are of the opinion that their family and/or dependents should be given adequate compensation by the persons responsible, the detaining authority and the Malaysian government.

Officers and persons responsible for the acts or omissions that resulted in death and suffering should be charged and prosecuted for these crimes. They should not be permitted to hide behind safeguards provided to public servants and/or the RELA volunteers, which unfortunately only promotes culture of impunity with no sense of responsibility and respect for human life.

We, the undersigned, call on the Malaysian Human Rights Commission (SUHAKAM) to immediately commence a public inquiry into these deaths and detention places generally, and come up with concrete recommendations which could be implemented that will improve state of cleanliness, hygiene and healthcare of all detention places in Malaysia.

We are also call upon the Ministry of Health and the government of Malaysia to take necessary steps to ensure that proper steps be taken to ensure that such disregard for life does not happen again.

We reiterate the call for the abolition of RELA, and restate our position that law enforcement, and management of detention places should be done by professionally trained full-time public servants, not volunteers.

Charles Hector
Pranom Somwong

For and on behalf of the 113 organizations/groups listed below:-

Action for Health Initiatives (ACHIEVE), Inc, Philippines
Action Network for Migrants (ANM), Thailand
All Women's Action Society (AWAM), Malaysia
Alternative ASEAN Network on Burma
Asia Pacific Forum on Women Law and Development (APWLD)
Asia Pacific Mission for Migrants (APMM), Hong Kong
Asia-Pacific Solidarity Coalition (APSOC)
Asia Pacific Workers Solidarity Link (APWSL), Korea
Asian Migrants' Coordinating Body - Hong Kong (AMCB-HK)
Assistance Association for Political Prisoners (Burma)-AAPP
Bahrain Center for Human Rights
Bar Council Human Rights Committee, Malaysia
Bar Council's Legal Aid Centre, Malaysia
BAYAN USA
Building and Wood Workers International, Asia Pacific Regional Office
Burma Campaign Australia
Burma Campaign, Malaysia
Burma Campaign UK
Burma Centre Delhi (BCD)
Burma's Nationalities Association (BNA)- Norway
Burma Partnership
Cambodian Women's Crisis Center
Canadian Friends of Burma (CFOB)
CDS (Community Development Services), Sri Lanka
Center for Migrant Advocacy, Philippines
Center for Orang Asli Concerns (COAC), Malaysia
Centre for Public Policy Studies (CPPS), Malaysia
Chin Human Rights Organization
Civil Society Committee of LLG Cultural Development Centre (LLGCSC)
Columban Center for Advocacy and Outreach (USA)
Commission For Filipino Migrant Workers (CFMW) - The Netherlands
Committee for Asian Women (CAW)
Coordination of Action Research on AIDS & Mobility (CARAM -Asia)
Democratic Party for a New Society (DPNS), Burma
Development Action for Women Network (DAWN), Philippines
Empower Foundation, Thailand
Ethnic Nationalities Council
FIDH - International Federation for Human Rights
Filipino Migrant Workers' Union - Hong Kong (FMWU)
Forum for Democracy in Burma
Foundation for Education and Development (Formerly, Grassroots HRE (Burma)
Free Burma Coalition - Philippines (FBC-Phils)
Free Burma Campaign, South Africa
Friends of Burma, Malaysia
Global Alliance Against Traffic in Women (GAATW)
HAKAM - National Human Rights Society, Malaysia
Health Equity Initiatives, Malaysia
H.O.M.E. (Humanitarian Organization for Migration Economics), Singapore
Hope Workers’ Center, Taiwan
HRWG - Indonesia's NGO Coalition for International Advocacy
Hsinchu Catholic Diocese Migrants and New Immigrants Service Center, Taiwan
IMPARSIAL, the Indonesia Human Rights Monitor, Jakarta – Indonesia
INFID (International NGO Forum on Indonesian Development)
Initiatives for International Dialogue (IID)
Kachin Women's Association Thailand
KAFIN Migrant Center, Japan
KAFIN - Saitama, Japan
Kayan National Development Foundation (KNDF)
Khmer Kampuchea Krom Human rights Organisation (KKKHRO), Cambodia
Labornet Korea
Labour Resource Centre, Malaysia
Legal Support for Children and Women (LSCW), Cambodia
LHRLA (Lawyers for Human Rights & Legal Aid), Pakistan
MADPET (Malaysians against Death Penalty and Torture)
Malaysian Trade Union Congress (MTUC)
Mekong Migration Network (MMN)
Migrant CARE, Perhimpunan Indonesia untuk Buruh Migran Berdaulat
Migrant Forum in Asia (MFA)
MIGRANTE Europe
MIGRANTE Middle East
MIGRANTE International
MIGRANTE - Nagoya
MIGRANTE - UAE
Mindanao Migrants Center for Empowering Actions, Inc. (MMCEAI)
Myanmar Ethnic Rohingyas Human Rights Organization Malaysia (MERHROM)
National Democratic Party for Human Rights(NDPHR)(exile),SEA Regional Office
National League for Democracy [NLD (LA)], Malaysia
National Institute for Electoral Integrity (NIEI), Malaysia
National Network for Immigrant and Refugee Rights, U.S.
Network for Democracy and Development, Thailand
Network of Action for Migrants in Malaysia (NAMM)
New Zealand Burma Support Group
NY Committee for Human Rights in the Philippines
OKUP (Ovibashi Karmi Unnayan Program), Bangladesh
Osan Migrant Workers Center in South Korea
Palaung State Liberation Front (PSLF)
Parti Keadilan Rakyat (PKR)
Parti Rakyat Malaysia (PRM)
Peoples Service Organization (PSO), Malaysia
Persatuan Kesedaran Komuniti Selangot (EMPOWER)
Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS), Malaysia
Persatuan Sahabat Wanita, Selangor
Platform of Filipino Migrant Organisations in Europe - The Netherlands
POURAKHI, Nepal
Pusat KOMAS, Malaysia
Raks Thai Foundation, Thailand
Rohingya Youth Development Forum (RYDF), Malaysia
Shan Refugee Organization Malaysia (SRO)
Shan Women's Action Network (SWAN)
Shwe Gas Movement
St. John's Cathedral HIV Education Centre, Hong Kong
Suara Rakyat Malaysia (SUARAM)
Tenaganita, Malaysia
The Foundation for the Health and Knowledge of Ethnic Labour (MAP)
The Justice, Peace & Solidarity in Mission Office, The Good Shepherd Sisters
The Micah Mandate
Transient Workers Count Too, Singapore
United Filipinos in Hong Kong (UNIFIL-MIGRANTE-HK)
U.S. Campaign for Burma
WARBE Development Foundation - Bangladesh
Women's Aid Organisation (WAO), Malaysia
Women's League of Burma
Workers Hub for Change (WH4C)

113 groups express concern about healthcare in detention places that resulted in 2 dead

Joint Statement - 23/5/2009

DEATH OF 2 BURMESE INDICATIVE OF STATE OF DETENTION PLACES IN MALAYSIA

DENIAL OF HEALTHCARE IS A VIOLATION OF RIGHT TO LIFE

We, the undersigned, are alarmed to hear that Sa La Hin, 26, and Thang Hoih Ping, 21, two Burmese migrants, have died in the Malaysia’s Juru Immigration Detention Centre from Leptospirosis. This is disease that is usually caused by exposure to water contaminated with the urine of infected animals, such as rodents, cattle, pigs, horses, dogs and wild animals. The fact, that 2 persons are dead and others have been infected by this disease, again highlights the state of hygiene, cleanliness and healthcare at Malaysian Detention Centres.

We recall that it was reported in the media in December 2008, that "About 1,300 illegal foreigners have died during detention in the past six years, Malaysia Nanban quoted Malaysian Human Rights (Suhakam) commissioner Datuk N. Siva Subramaniam as saying. He said many of them died in immigration detention centres, prisons and police lockups because they were denied medical treatment at the right time.” [Star, 18/12/2008, ‘1,300 foreign detainees died due to neglect’]. Now, Sa La Hin and Thang Hoih Ping may just be the latest additions to that list of detainees that died due to similar reasons.

We also recall the words of SUHAKAM in their response to the Asian Human Rights Commission (AHRC) dated 13/1/2009, that correctly stated that ‘…SUHAKAM views the denial of medical attention to the point of endangering one’s life as a serious violation of that person’s right to life….’

These deaths may have been avoided if medical attention was provided promptly, and we call for an independent public inquiry to determine whether there was such negligence on the part of the Ikatan Relawan Rakyat or better known as RELA (a People's Volunteer Corps), and the Immigration officers, who are currently responsible for Immigration Detention Centres in Malaysia.

We do appreciate the fact that the Director General of Immigration has now decided that ‘cleanliness and hygiene at immigration depots nationwide are to be stepped-up to ensure safety of staff and inmates there against contracting infectious diseases’ (Bernama, 19/5/2009, Cleanliness, Hygiene at Immigration Depot to Be Stepped Up).

We hope that this is not merely a knee-jerk response, which is temporary in nature, but a new and permanent commitment by Malaysia to improve standards and conditions of Detention Centres and other places of detention.

The current once a week visit by a medical officer to the Detention Centres is certainly inadequate. There should be, at the very least, a permanent clinic/dispensary manned by a medical assistant, with a doctor visiting detainees for several hours at least once every two days or more frequently.

New users of the Detention facility should also be determined free from easily transmittable diseases like Tuberculosis and the A(H1N1) flu before being introduced to the general population of detention places.

There should also be regular visits by the Health Officer, who shall monitor the conditions, including of the living and sleeping environment, of the Detention Centre to ensure that it meets the highest standards of hygiene and cleanliness.

The foods, and all aspects of food preparation, also need to be monitored by the Health Department especially since there is a possibility that the fault in the recent deaths could be the current caterer of food and drink.

With regard to those who have died, we are of the opinion that their family and/or dependents should be given adequate compensation by the persons responsible, the detaining authority and the Malaysian government.

Officers and persons responsible for the acts or omissions that resulted in death and suffering should be charged and prosecuted for these crimes. They should not be permitted to hide behind safeguards provided to public servants and/or the RELA volunteers, which unfortunately only promotes culture of impunity with no sense of responsibility and respect for human life.

We, the undersigned, call on the Malaysian Human Rights Commission (SUHAKAM) to immediately commence a public inquiry into these deaths and detention places generally, and come up with concrete recommendations which could be implemented that will improve state of cleanliness, hygiene and healthcare of all detention places in Malaysia.

We are also call upon the Ministry of Health and the government of Malaysia to take necessary steps to ensure that proper steps be taken to ensure that such disregard for life does not happen again.

We reiterate the call for the abolition of RELA, and restate our position that law enforcement, and management of detention places should be done by professionally trained full-time public servants, not volunteers.

Charles Hector
Pranom Somwong

For and on behalf of the 113 organizations/groups listed below:-

Action for Health Initiatives (ACHIEVE), Inc, Philippines
Action Network for Migrants (ANM), Thailand
All Women's Action Society (AWAM), Malaysia
Alternative ASEAN Network on Burma
Asia Pacific Forum on Women Law and Development (APWLD)
Asia Pacific Mission for Migrants (APMM), Hong Kong
Asia-Pacific Solidarity Coalition (APSOC)
Asia Pacific Workers Solidarity Link (APWSL), Korea
Asian Migrants' Coordinating Body - Hong Kong (AMCB-HK)
Assistance Association for Political Prisoners (Burma)-AAPP
Bahrain Center for Human Rights
Bar Council Human Rights Committee, Malaysia
Bar Council's Legal Aid Centre, Malaysia
BAYAN USA
Building and Wood Workers International, Asia Pacific Regional Office
Burma Campaign Australia
Burma Campaign, Malaysia
Burma Campaign UK
Burma Centre Delhi (BCD)
Burma's Nationalities Association (BNA)- Norway
Burma Partnership
Cambodian Women's Crisis Center
Canadian Friends of Burma (CFOB)
CDS (Community Development Services), Sri Lanka
Center for Migrant Advocacy, Philippines
Center for Orang Asli Concerns (COAC), Malaysia
Centre for Public Policy Studies (CPPS), Malaysia
Chin Human Rights Organization
Civil Society Committee of LLG Cultural Development Centre (LLGCSC)
Columban Center for Advocacy and Outreach (USA)
Commission For Filipino Migrant Workers (CFMW) - The Netherlands
Committee for Asian Women (CAW)
Coordination of Action Research on AIDS & Mobility (CARAM -Asia)
Democratic Party for a New Society (DPNS), Burma
Development Action for Women Network (DAWN), Philippines
Empower Foundation, Thailand
Ethnic Nationalities Council
FIDH - International Federation for Human Rights
Filipino Migrant Workers' Union - Hong Kong (FMWU)
Forum for Democracy in Burma
Foundation for Education and Development (Formerly, Grassroots HRE (Burma)
Free Burma Coalition - Philippines (FBC-Phils)
Free Burma Campaign, South Africa
Friends of Burma, Malaysia
Global Alliance Against Traffic in Women (GAATW)
HAKAM - National Human Rights Society, Malaysia
Health Equity Initiatives, Malaysia
H.O.M.E. (Humanitarian Organization for Migration Economics), Singapore
Hope Workers’ Center, Taiwan
HRWG - Indonesia's NGO Coalition for International Advocacy
Hsinchu Catholic Diocese Migrants and New Immigrants Service Center, Taiwan
IMPARSIAL, the Indonesia Human Rights Monitor, Jakarta – Indonesia
INFID (International NGO Forum on Indonesian Development)
Initiatives for International Dialogue (IID)
Kachin Women's Association Thailand
KAFIN Migrant Center, Japan
KAFIN - Saitama, Japan
Kayan National Development Foundation (KNDF)
Khmer Kampuchea Krom Human rights Organisation (KKKHRO), Cambodia
Labornet Korea
Labour Resource Centre, Malaysia
Legal Support for Children and Women (LSCW), Cambodia
LHRLA (Lawyers for Human Rights & Legal Aid), Pakistan
MADPET (Malaysians against Death Penalty and Torture)
Malaysian Trade Union Congress (MTUC)
Mekong Migration Network (MMN)
Migrant CARE, Perhimpunan Indonesia untuk Buruh Migran Berdaulat
Migrant Forum in Asia (MFA)
MIGRANTE Europe
MIGRANTE Middle East
MIGRANTE International
MIGRANTE - Nagoya
MIGRANTE - UAE
Mindanao Migrants Center for Empowering Actions, Inc. (MMCEAI)
Myanmar Ethnic Rohingyas Human Rights Organization Malaysia (MERHROM)
National Democratic Party for Human Rights(NDPHR)(exile),SEA Regional Office
National League for Democracy [NLD (LA)], Malaysia
National Institute for Electoral Integrity (NIEI), Malaysia
National Network for Immigrant and Refugee Rights, U.S.
Network for Democracy and Development, Thailand
Network of Action for Migrants in Malaysia (NAMM)
New Zealand Burma Support Group
NY Committee for Human Rights in the Philippines
OKUP (Ovibashi Karmi Unnayan Program), Bangladesh
Osan Migrant Workers Center in South Korea
Palaung State Liberation Front (PSLF)
Parti Keadilan Rakyat (PKR)
Parti Rakyat Malaysia (PRM)
Peoples Service Organization (PSO), Malaysia
Persatuan Kesedaran Komuniti Selangot (EMPOWER)
Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS), Malaysia
Persatuan Sahabat Wanita, Selangor
Platform of Filipino Migrant Organisations in Europe - The Netherlands
POURAKHI, Nepal
Pusat KOMAS, Malaysia
Raks Thai Foundation, Thailand
Rohingya Youth Development Forum (RYDF), Malaysia
Shan Refugee Organization Malaysia (SRO)
Shan Women's Action Network (SWAN)
Shwe Gas Movement
St. John's Cathedral HIV Education Centre, Hong Kong
Suara Rakyat Malaysia (SUARAM)
Tenaganita, Malaysia
The Foundation for the Health and Knowledge of Ethnic Labour (MAP)
The Justice, Peace & Solidarity in Mission Office, The Good Shepherd Sisters
The Micah Mandate
Transient Workers Count Too, Singapore
United Filipinos in Hong Kong (UNIFIL-MIGRANTE-HK)
U.S. Campaign for Burma
WARBE Development Foundation - Bangladesh
Women's Aid Organisation (WAO), Malaysia
Women's League of Burma
Workers Hub for Change (WH4C)

A Selangor Royal Commission of Inquiry to look into the Balkis Issue...why not?

Lim Kit Siang recently raised the possibility of an independent public inquiry...but I say why not go for a independent Royal Commission of Inquiry to look into the Balkis scandal..

After all, Selangor is a sovereign state with its own HRH the Sultan, and why can Selangor government set up an independent Royal Commission of Inquiry into Balkis Scandal, or just a Royal Commission of Inquiry. After all, this is a Selangor matter - a Selangor state scandal...

Khir’s contention that it was unfair to make him face an inquiry chaired by his political nemesis does not hold water. Is Khir prepared to face an independent public inquiry specially set up to inquire into the Balkis scandal?

If so, let Khir show his sincerity and honesty by announcing that he and his wife are prepared to attend and fully co-operate with such a separate public inquiry set up to probe into the Balkis scandal. - Lim Kit Siang's Blog. Khir Toyo - Suspend him from Selangor State Assembly but not his assemblyman’s allowances

On the other point that Kit Siang makes - that the assemblyman's allowance should not be cut, I agree.

The Selangor State Assembly should not suspend Datuk Seri Dr. Mohd Khir Toyo’s state assemblyman allowances even if it endorses the Selangor State Assembly Rights and Privileges Committee recommendations to punish and suspend the former Selangor Mentri Besar from the Assembly for grave breach of privileges.

The Selangor State Assembly Rights and Privileges Committee has recommended that Khir be suspended for a year from the state assembly without state assemblyman’s allowances and privileges for not attending an inquiry conducted by the state’s Select Committee on Competence, Accountability and Transparency (Selcat) in March on the disbursement of state agency funds to Balis – the Wives of Selangor Assemblymen and MPs Welfare and Charity Organisation.- Lim Kit Siang's Blog. Khir Toyo - Suspend him from Selangor State Assembly but not his assemblyman’s allowances

My position still is that no MP and/or Assemblyperson should be suspended from the Dewan Rakyat or the State Legislative Assembly. See earlier post:- Very wrong to suspend ADUNs/MPs - revoke the suspoension order of Khir Toyo & 3 Ors..

The longest acceptable suspension of a wakil rakyat is suspension until the next sunrise...

Suspension of an elected peoples' representative only denies the people's right to participate in matters discussed, debated and decided in the Legislative Assembly, and that is not right...

MB -v- MB: 3 different judges, Same final decision is OK but SAME way they came to that decision will be ODD..would it not?

Well, there were 3 judges sitting and hearing the appeal of BN's Zambry at the Court of Appeal.

Or was it only 1 judge, who sat, heard and decided...and the other two were there for show only...

How did they come to their conclusions? We shall see...we shall see. Interestingly in Malaysian courts, we always see only one judge coming out with the grounds of judgment...and the other 2 just state that..."I concur...", and this is very odd. It is reasonable to say that 3 judges come to the same final conclusions - but surely how they came about that decision will differ a bit. [Grab a law journal from England...or any other commonwealth jurisdiction...and you will see that whenever there are 3 ...or 5...or 7, there will also be grounds of judgment also given by the other judges - but not in Malaysia (or very rarely in Malaysia)]

It always seems that ONLY one judge hears and decides, and the other 2 are there just as 'show-pieces'...and the concur(agree) not only on the final verdict but also on how they came to that final verdict.

I sincerely hope that this will not be the case in the Perak MB -v- MB. I hope that we will be able to read 3 grounds of judgments. Surely, the 3 minds do not operate as one - certainly not for all matters...

Below, is some notes of what transpired in court I obtained from a posting by lawyer Edmund Bon

These are the notes taken of the Court of Appeal’s Decision in the MB v MB matter delivered orally on 22.5.2009 by Raus Sharif JCA on behalf of the His Lordship, Zainun Ali JCA and Ahmad Maarop JCA. Any mistakes herein are mine.

Firstly, we would like to thank counsel in assisting us to arrive at our decision. The decision is unanimous and these are our views:

1. The granting or withholding of consent to dissolve the State Assembly is a royal prerogative to be exercised by His Royal Highness (HRH).

2. From the facts of this case, the request made by the Respondent (Nizar) to dissolve the State Assembly was made under Article 16(6) of the Perak Constitution, and not under Article 36(2).

3. Under Article 16(6) of the Perak Constitution, upon the exercise of HRH’s royal prerogative to withhold consent for dissolution, the Respondent shall tender his resignation.

4. There is no mandatory, express requirement that provides for a motion of no-confidence to be passed in the State Assembly against the Respondent before he ceases to command the confidence of the majority.

5. The fact that the Respondent has ceased to command the confidence of the majority may be ascertained through extraneous means. We approve the case of Amir Kahar. The case of Stephen Kalong Ningkan, adopted by the learned Judge (High Court), is distinguishable on its facts.

6. HRH was right to make enquiries to satisfy himself whether the Respondent had ceased to command the confidence of the majority before deciding on the Respondent’s request for dissolution.

7. On the facts of the case, it is clear that the Respondent had ceased to command the confidence of the majority thus HRH, in accordance with Article 16(6), was right to appoint the Appellant (Zambry) as Menteri Besar of Perak after being satisfied that the Appellant commanded the confidence of the majority.

8. The learned Judge (High Court) erred in law when interpreting the Perak Constitution. He failed to properly appreciate the evidence rendering his decision clearly wrong.

The appeal is allowed. The orders of the High Court are set aside.

…[Exchange between counsel for Nizar and Zambry with the Bench on the issue of costs.]

No order as to cost.

…[Exchange between counsel for Nizar and Zambry with the Bench on ancillary matters:

Haji Sulaiman: My Lords and My Lady, I have been instructed to appeal the decision.Due to the urgency of the matter, I pray that Your Lordships and Ladyship supply us with the grounds of judgment as soon as possible.

Raus Sharif JCA: I have tried to prepare the full grounds last night but could not do so. Will supply in a week's time. What about the application to set aside the stay?

Haji Sulaiman: We leave it to the Court to decide.

Raus Sharif JCA: Isn't it academic already?

Haji Sulaiman: We are of the view that the Court of Appeal was wrong to grant the stay. To say that we concede is not entirely correct but it has served no purpose anymore. We therefore leave it to Your Lordships and Ladyship to decide. Alternatively, for a Court to to fix a hearing date.

Cecil Abraham: We seek that the application be dismissed.

Raus Sharif JCA: Enclosure 9(a) is dismissed.

Haji Sulaiman: My Lord, it should be struck out as it has not been heard on the merits.

Raus Sharif JCA: Yes. Application struck out.]

So, what do you think - did the other 2 judges even considered the arguements and came to a decision - or they just sat there as 'show-pieces' to satisfy the requirement that it is 3 judges sitting to hear the matter.

From the notes above, it seems that the other 2 did not even say anything..

Even when counsel for Nizar asked all 3 of the judges for their grounds of judgment - only one replied 'Raus Sharif JCA: I have tried to prepare the full grounds last night but could not do so. Will supply in a week's time. What about the application to set aside the stay?...' . Haji Sulaiman should not have stopped there, and should have asked Zainun Ali JCA and Ahmad Maarop JCA when their grounds of judgment would be ready...

So, there was no full grounds prepared yet - so what did the other 2 look at and agree 100%, mmm. I wonder.

I sincerely hope that we will see 3 different grounds of judgment for logically no 3 persons, even if they had reached the same conclusion, would have come by it in exactly the same manner...but alas, this is Malaysia - and here anything is possible.

For me, the questions before the court should have been simple...

Acknowledging that it is his HRH the Sultan's full right to consent to the dissolution of the State Assembly or not...

Fact, the Sultan decided not to dissolve the State Legislative Assembly...

Thereafter, the law is that the Menteri Besar shall tender his resignation and that of his other Exco members..

(6) If the Menteri Besar ceases to command the confidence of the majority of the members of the Legislative Assembly, then, unless at his request His Royal Highness dissolves the Legislative Assembly, he shall tender his resignation of the Executive Council.

The fact is that there was yet any tendering of resignation by the Menteri Besar and the Exco..

The question is whether there can be any appointment of a NEW Menteri Besar before the old Menteri Besar tendered his resignation...

That is all there is...

I also wonder the Pakatan Rakyat's Nizar went to see the Sultan under this Art. 16(6) ...or did he just go ask the HRH to dissolve the State Legislative Assembly under Art. 36(2), and of course pursuant to Art.18(2)(b) it is totally up to HRH the Sultan. If this was the case, then there was no issue of tendering any resignation...

Again, the question here would be whether there can be any appointment of a NEW Menteri Besar before the old Menteri Besar tendered his resignation...

.....

We all know that after the 3 jumped - it was the BN who had the majority...

Can there be a new Menteri Besar appointed when there is already a Menteri Besar of Perak?

That is, and should have been the question for the Court of Appeal to decide...

The decision now seem to say that if Anwar Ibrahim now goes to see the YDP Agung, who thens appoint him as Prime Minister - Najib is suddenly no more Prime Minister...someothing is wrong with that kind of thinking - but alas this is only my opinion on the matter...

Priest of St John's Chapel, Triang called in for questioning by police [Updated]

UPDATE: Well, Fr Jean Claude met with a courteous police officer (he thinks it may be Special Branch), and they were asking him 'funny things' - i.e. about his personal background. They also asked him whether he had a criminal record. They wanted to know about the one who talked about 'Freedom of Religion", and whether there was any 'political content' - anti-UMNO...anti-MCA content. [I am sure that the police was present, and they know exactly what was spoken by me]. He said again the police officer did give the impression that they had to do this because the instructions came from the 'top'.

Looking at the questions, I verily believe that it just pure intimidation. Scare them...and make them stop their struggle to save the chaple of St John's

****** -------- *****
Fr Jean Claude have been called in by the police for an 'interview' at the Triang police station tomorrow, Friday (22/5/2009)... Allegedly the instructions come from the Inspector General of Police (IGP)..

Last Sunday at 4pm, there was a special mass (prayer service) at the St John's Chapel in Triang, i.e. that 83 year old chapel, that the Pahang Government is threatening to demolish.

Lots of yellow coloured St John's Chapel parishioners were there, and there were many more persons that came from other churches around the country to show solidarity. (Below is a picture taken before the rest of the crowd arrived)


After mass, there was food and drinks served, and a little talk by me on Freedom of Religion.

Now, the police has called in the Parish Priest, Fr Jean Claude Lourdes, for questioning tomorrow.

What are the police doing? Trying to put some psychological pressure to stop this desparate attempt by this community to save their 83-year old chapel? I wonder..

Fr Jean Claude said that he will be going in to the Triang police station at 2-30pm tomorrow (22/5/2009).

Why is this old chapel being targetted for destruction suddenly...something is amiss.

Is there some corruption involved? Maybe the anti-corruption body need to just investigate to be sure...

Or, is it just some form of 'punishment' being meted out to the Catholic community in Triang? Why? Because of the problems that the Catholic Church been causing - i.e. that Allah case, the conversion and religious rights issues..

Maybe, it is because the church sits in that odd seat that has repeatedly elected a DAP ADUN - but then the MP, is BN Minister Ismail Sabri Yaakob...

Najib is from the Pekan Constituency, adjacent to the Bera Constituency, and I believe our new PM should step in and ensure the continued existence of this little chapel which has served the Triang community as shelter during bad times...

See earlier posts: -
Prime Minister, Najib, you can save this chapel in Pahang from destruction...
St John's Chapel, Triang - the Church that needs saving
St John's Chapel, Triang (83 year old) :- Time is running out...
St John's Chapel(over 83 years old) being threathened with 'eviction' - help save this 'little' church

PR Nizar -v- BN Zambry : Many expected that decision...and that is BAD

Nizar -v- Zambry... the problem was that many Malaysians (and others) already predicted the over-turning of the High Court decision by the Court of Appeal. Even, if the Court of Appeal affirmed it - people will expect the Federal Court to re-instate the BN man as the Menteri Besar as Perak...

This fact is bad...this perception of the Malaysian Judiciary is bad...and that is why we need to look again at our Malaysian Judiciary and see what needs to be done to cultivate again a Judiciary that is independent and impartial...

There really must be more checks and balances to ensure the independence of the judiciary...

a) Judges pay & pensions

There really is a need to increase the monthly wages of judges - and to re-look at the pension scheme. The current pension scheme for judges is really bad - for not only does a Judge lose all his 'allowances' and benefits, but he also not even assured of 50% of his last drawn salary. WHY? Because judge's pensions are determined and calculated by a odd formula that looks at the number of months that the judge has sat on the Bench. Hence, the worry about the future ...how will I survive after my retirement?

And guess what? The rich companies and the UMNO-led BN government can provide a solution for many judges...and this is not right.

Well, retired Judges could be appointed to become Human Rights Commissioners, or some other Commission members...a Consultant here and there... and these pay. They can also be made Directors, and will receive some Director's allowances. They could also be made Consultants in some 'big law' firm, and I heard they pay about RM50K a month..

The point is judge's independence can be compromised - and the so9lution may be Higher Pay for judges, and a Higher Pension.

Maybe the monthly pension should be 100% of last drawn salary (less allowances & benefits). Maybe every retiring judge should be paid RM250,000-00 and given a new car of a defines value, and this should be stated in written law.

b) Get rid of that 'contract Judge system' or probation judge system - the Judicial Commissioners. Just appoint them straight as judges...so they enjoy all that as been put in place to ensure independence. Remember security of tenure is one such safeguard.

Come take a 2-year contract as a Judicial Commissioner, and we will see. If you perform well, maybe we may appoint you as a Judge. [Hence, for 2 years, many judges may 'perform well' - being pro-BN and maybe even pro-BN related companies and persons...so that they be appointed Judge. After all to be not made a Judge after being Judicial Commissioner can be a rather embarassing..

This system of probation and 'short term contract' may also deter the better persons from accepting appointments as Judges...

c) Transfers and Elevations
- that is also a another tool that can be used to control Judges. If you do not 'tow the line' or do as expected [or maybe instructed], then you may be transferred and kept in some 'ulu' High Court. Sent them off to Tawau...etc.

- Similarly, if you do not tow the line - you may never get elevated...

- the appointed of former UMNO lawyer straight to become a Federal Court Judge, then No. 2 in the Judciary and now No. 1 in the Judiciary tends to demonstrate this bias..- see earlier postsFight Corruption in Courts - Get rid of corrupt Judges and court staff...and Zaki Azmi ,


- Augustine Paul of the infamous Anwar trial...went up rather quickly? Rewarded for good job done? Maybe ...maybe not.

Hence, the need for an independent commission to not only appoint judges, but to also look into the issue of transfers and elevations. Maybe candidates under consideration should be made known to the public, and time be given to the public to raise reasons why this person should not be made a judge...

Previously, when you just become judge you are sent to the far away courts ...and then you do the circuit...and finally return to KL ...thereafter elevated to the Court of Appeal...and so on. Maybe, something definite like this should be set out...

But SAFEGUARDS to ensure the independence of Judges all are of no use if the persons appointed as Judges are already 'bad apples'...

How, then do you reform the Judiciary?
Maybe, we have to get rid of all the Judges...
and re-appoint new persons as Judges...that may be the only solution...
Why? The 'existing' judges may already be corrupted...already sold their independence, and it is near impossible to weed out which is bad and which is not...

Any other ideas?

Deepest condolence to the family of the late Ismail Yaacob...

Deepest condolence to the family of the late Ismail Yaacob..

Manek Urai state assemblyperson Ismail Yaacob, 60, passed away at Raja Zainab Hospital in Kota Bharu at 6am today.

MCPX

Ismail, who had been suffering long illness relating to diabetes, was a veteran PAS politician.

He first won Manek Urai 23 years ago at the 1986 general elections, and had held the state seat for five terms.

Ismail, however, did not contest the 2004 general election but returned to his old seat four years later. - Malaysiakini, 22/5/2009, Kelantan PAS state rep dies

A man has just died - but some are just excited at the prospect of another by-election...how sad.

Let us extend our condolences... and our solidarity with the family, dependents, friends and constituents of this long serving peoples' representative from Kelantan.

MB vs MB - what really are some of the issues?

The issue is not whether Zambry has the majority support in the State Assembly of Perak...the issue is whether the proper procedure was followed.

1- Nizar went to see the Sultan and ask that the State Assembly be dissolved so that there can be fresh elections in Perak, and HRH the Sultan of Perak refused.

2A. Thereafter, Nizar could have tendered his resignation as Menteri Besar - and the Sultan could have then proceeded to accept Nizar's resignation, and thereafter appoint another as the Menteri Besar of Perak - BUT...Nizar did not resign...

2B. After the refusal to dissolve the State Assembly by HRH the Sultan, then how can we get Nizar to resign. The law seems to tell us that we have to wait for the State Legislative Assembly to sit, and then there should be a vote of no confidence passed against Nizar - after which we has no choice but resign.

The problem arised because BN, Najib and Zambry were impatient...and it is this impatience that resulted in another MB wrongly being appointed by the Sultan...when Perak still had a Menteri Besar.

If they waited, maybe Nizar may have tendered his resignation...

So, why this haste...why this impatience on the part of the BN? Remember, the BN has 50 years plus experience in governing...and they had ample legal advisors...WHY did they not wait a few days...?

Was it their intention to plunge PERAK into this political crisis...this constitutional crisis? WHY?

Was it to distract Pakaotan Rakyat from its other work - the work of bringing improvements in the states that they governed now? Was it to distract Pakatan's other work in preparation of the defeat of the BN in the next General Elections?

Or was it just the usual distraction from the more real issues and the other problems of the Rakyat?

I really do not have mucf faith in our Malaysian judiciary...

And even if the Malaysian courts do rule in favour of Nizar and the Pakatan Rakyat - it may not be over...

In the case of Stephan Kalong Ningkam, a case similar to Nizar's case, the Chief Minister concerned took it to court and won. The Federal Court declared the Governor as having acted unconstitutionally and the dismissal of the Chief Minister invalid. Stephan Kalong Ningkam was the legitimate Chief Minister of Sarawak - but alas the UMNO led coalition could not accept that and Emergency was declared in the State.

About a week after that Federal Court judgment, on 14 September 1966, Yang di-Pertuan Agong, Malaysia's head of state, proclaimed a state of emergency in Sarawak on the basis that its security was threatened by the constitutional crisis.

Under emergency rule, Parliament was legislatively enabled to exercise further powers, effectively governing Sarawak from the federal capital.

Fight, we must for what is right...

But even if, Nizar wins, the worry is whether Najib would just follow the earlier precedence...and declare Emergency in Perak.

If Nizar loses in court - then, BN was right all the while...

Win or Lose in court really does not matter - the solution has always been simple - go back to the people. Have fresh elections in Perak...

Why go back to the people, and not just admit the fact that the BN's Zambry now has the majority - and no more Nizar?
- Well there are numerous complications:-
** Did the 3 ADUNs (PKR-2,DAP-1) resign or not?
** Is Zambry and some of the BN ADUN's suspension right or wrong?
** Was the recent removal of Sivakumar as Speaker right or wrong? - like the MB-v- MB, we also now have a Speaker -v- Speaker case..

So many problems have been caused by that impatience of BN to get Zambry made the MB of Perak, when there was still a valid Menteri Besar in Perak...

If only, BN had waited...we may not have this mess in Perak...

Changes that must happen when reins of power shift hands..

When a new government takes over...especially from one that has held the reins of power for 50 years plus, there are matters that we have to consider...practices that we have to change...

1) We need to immediately change certain persons who are heads (or are of influence) in certain departments of the State, the Local Councils, etc... They will have to be terminated or 'closetted' somewhere where they will not be able to cause trouble.

NEW governments have a NEW vision and a NEW way of doing things - but alas, some of these old pro-former government persons (who may even be in their current position not by reason of merit and seniority but by reason of being a pro-BN person, who knows how to behave in accordance to the BN culture..). Persons appointed by the previous regime may still be loyal to BN, be still spoiled by the old culture and the old way of doing things...They may resist changes - and may even be hurdles for change and improvement. They seriously need to go.

- so we get rid of the State Secretary, the State Legal Adviser, and some of the heads of departments, and maybe even the Directors and CEOs of some of the wholly owned State companies,...

There is a saying that we cannot put new wine into old wineskins - and that is exactly what must be done..

2) We need to CHANGE some of the old ways of doing things that BN did. Instead of transmitting aid and benefits directly through the relevant public service departments, BN did do so unnecessarily through its wakil rakyats, its component parties, etc... creating a sense of dependency on BN, and also resulting in great injustice. [For certain things, unnecessarily the requirement of support by MP/ADUN or political parties are required...]

Eg. There may be a government budget allocation, whereby certain sums of monies were to be handed out to the warga mas (the old folks). The money should rightly be disbursed through the Welfare Departments. But, what may happen is that the BN parties and people are informed of this - and they then go down and start collecting names and details of this warga mas. The MIC go round collecting the names and details of their members (and other party friendly persons) - and they then submit the list and collect the money, and then also do hand over the money to the persons in their list.

PROBLEM: Some of them warga mas will not even know ...let alone get what has been allocated for them...

PROBLEM: There may be certain amount of corruption...The pay out may be RM1,000 - but the warga mas may only get RM500, and they will not know better ...thankful for all that they get..

PROBLEM: Money may be given to certain persons who do not deserve the same..

CORRECT APPROACH: When there is such allocation for say, them warga mas - there must be public announcements in the newspapers, televisions, radios, etc providing information of the said benefits, and also information of how the said people can claim their benefits - and from which relevant public department - eg. the Welfare Departments, etc..

Good, if we all can make suggestions of areas that need to be changed...sometimes politicians are also BLUR and have no ideas about what needs to be done...After all, it is so easy just to sit in the newly acquired seats of power...and continue doing things in the same manner as it was always done... CHANGE is always difficult..and there will be resistance..but it must be done - and its is always best that it be done speedily ...

Another candle light vigil...another set of arrests - maybe time to come up with new creative means of protest...

Another set of arrests - another indicator that Malaysia is more and more becoming a non-democratic nation.

Freedom of assembly & freedom of expression must be respected..

It is stupid and unreasonable for persons to be required to get police permission before they have protest peacefully. Are we turning into a some kind of 'police state'?

What really was wrong about this protest, Mr Police Officer... Was it the message? It was "to mark the "killing of democracy by the illegal government in Perak." - that is a sentiment we all know about...and so what was the danger of having a small candle light vigil in Seputeh? - so, why did you come to disperse this group...why did you arrest these persons, including a couple of 'wakil rakyat? Explain to us.....

The police tonight arrested more elected representatives - an opposition parliamentarian as well as a state assemblyperson - at a candlelight vigil to ‘mourn the death of democracy’

MCPX

Serdang MP Teo Nie Ching and Teratai state assemblyperson Jenice Lee, two 20-something DAP female politicians, were arrested along with nine party workers at the vigil in Seputeh at 8.20pm.

The vigil, which was held outside DAP MP Teresa Kok's office, saw the participation of more than a dozen of black T-shirt clad protesters.

According to the organisers, the vigil was to mark the "killing of democracy by the illegal government in Perak."

The protesters had earlier gathered outside an empty space facing the DAP building and carried posters calling for the dissolution of the state assembly. - Malaysiakini, 19/5/2009, DAP MP, state rep arrested at candlelight vigil

But, I also wonder why these persons are out there protesting? Why do they refuse to disperse, and get arrested? What do you think?

Maybe, time for a change of strategy...taking into consideration that the police is getting more and more aggressive. Before the police gives 5 - 10 minutes for persons to disperse - nowadays, they just count to 10...

Maybe, it is time to sit down and devise more creative means of protesting... What do you think?

Very wrong to suspend ADUNs/MPs - revoke the suspoension order of Khir Toyo & 3 Ors..

No Member of Parliament(MP) or Ahli Dewan Undangan Negeri(ADUN) should be suspended...

Why?
Because these are the people's elected representative, and the act for suspending them from the House is an anti-people action - it deprives these people their right to be represented, their right to be heard, their right to participate..

We have all condemned strongly the suspension of certain opposition personalities in the past, when it was done by the BN - but today Pakatan Rakyat seems to be WORSE because their suspension is not merely some token 1-day suspension but suspension for long periods..

It started in Perak with the Pakatan Rakyat Speaker suspending ADUNs for of up to 18 months for one (and 12 months for some other ADUNs)...

Then, we had a 'retaliation' of sorts with Gobind being suspended by a BN-majority Parliament for

Now, Selangor is doing the the same...and this 'anti-people' and undemocratic action must be condemned in the strongest terms...

Soon, we may find the BN also doing the same - maybe suspending all 7o over Members of Parliament(MPs) - and that will be OK...will it? I think not.

No duly elected people's representative must be prevented from carrying out all of his duties and functions - and the most important of this is to attend the sitting of the Dewan Rakyat/State Assembly as apeople's representative - to voice out opinions, to debate, to vote on motions and Bills.

A deprivation of this right and privilege accorded to a people's representative by a Speaker...or some Parliamentary/State Assembly Committee or even the full Dewan/Assembly is wrong...and certainly against the principles of democracy..

See also earlier related post:- The power to suspend MP/ADUNs must be removed, and Judicial Review must be made available

The Selangor assembly's powerful rights and privileges committee has suspended state opposition leader and former menteri besar Dr Mohd Khir Toyo for 12 months from the House.

MCPX

The decision follows the Umno leader's absence from the Balkis inquiry in March and for criticising the Selangor Select Committee on Competence, Accountability and Transparency (Selcat) in his blog.

The privileges committee also called for the suspension of Barisan Nasional assemblypersons Warno DogolIsa Abdul Kasim (Batang Kali), Marsum Paing (Dengkil) and Mohamad Idris Abu Bakar (Hulu Bernam) for six months for questioning the integrity of Selcat...

State assembly speaker and committee chairperson Teng Chang Khim announced the decision after chairing the privileges committee meeting in Shah Alalm to discuss the matter.

State assembly speaker and committee chairperson Teng Chang Khim announced the decision after chairing the privileges committee meeting in Shah Alalm to discuss the matter.

"Khir is found guilty of contempt of the House in refusing to attend the Selcat hearing, and is suspended from the assembly for 12 months and his allowances would also be frozen during the period.

"However, the decision would have to be tabled at the Selangor state assembly sitting scheduled in July for it to be adopted. This includes the suspension of the four other assemblypersons," he said - Malaysiakini, 19/5/2009, Khir Toyo suspended one year

What other wrongs have been done?

Suspending the allowances of a Wakil Rakyat is also very wrong. Remember not all MPs/ADUNs have got other sources of income...from businesses, law firms, etc. Some of these MPs/ADUNs depend only on their allowances as wakil rakyat - and it is this money that is used to pay the rent of service centres, pay their support staff, etc... and when you suspend or deprive a ADUN/MP of his allowance, it is really very very wrong...

Teresa Kok, when she was MP of Seputeh used what she received as an MP to maintain her staff and her service centre - and she was a good MP, as she was not distracted by other business or professional work. We want MPs/ADUNs to be such totally dedicated to being a 'wakil rakyat'...

I strongly urge the Selangor Speaker, Selangor Select Committee on Competence, Accountability and Transparency (Selcat), and the Selangor Pakatan Rakyat to immediately revoke that suspension orders.

There must be other means of 'punishing' - maybe a reprimand ...a strong reprimand would suffice. Even, if there is to be suspension, it should be something very rarely used, and it should only be suspension for not more than until the next rising of the sun...

Maybe, using that Contempt of the House (Selangor Legislative Assembly) Enactment 2008 could be used. I have not seen that Enactment, and hoped that it has a very narrow and clear definition on the meaning of 'contempt'. The Enactment should apply to a person who failed to attend Select Committee hearings, on being summoned., etc ..but it never be too wide or vague, for that will be too open to possible abuse...

Respect the people - respect their representative and the duties that the rep has to perform for and on behalf of his/her constituents...

We appreciate all the difficulties that Pakatan Rakyat State governments may be facing with the many 'interferences' from the BN State government...by the refusal of BN Federal Government to duly channel required funds through the legitimate State Government rather than through other 'proxies' (like the BN MPs/ADUNs/BN JKKKs/BN Party Offices/ etc...) but Pakatan Rakyat has to be different...and struggle on always doing the right thing.

And for me, suspending wakil rakyat is very wrong...

REVOKE immediately all suspension orders...

2nd Burmese dies in ' unhygienic' Malaysian Detention Centres - Leptospirosis

Sa La Hin, 26, and Thang Hoih Ping, 21, both human persons from Burma, are dead. They died in the last few days in Malaysia in a Immigration Department Detention Centre in Juru, Penang ...and what is sad is that they may have by reason of the unhygienic conditions in the Detention Centre, by reason of the lack or inadequate healthcare at this Detention Centres.

Sa La Hin, 26, and Thang Hoih Ping, 21, - are they really undocumented migrants.

Or, are they really refugees and asylum seekers who ran to Malaysia for fear of their lives and liberty..for fear of that 'evil' Burmese Military Junta that has already deprived the freedom of Aung San Suu Kyi [ see earlier post:- Now, 23 say: Withdraw Suu Kyi's Absurd Charge, and Release All Political Prisoners in Burma ]

Or, are they persons who their employer is holding their passport, when they were arrested and detained by reason of not being able to show the RELA (or the police or the immigration enforcement officer) their passport? And many an employer or 'some outsourcing company' will not come and do the needful speedily to release their migrant workers - more so during this period of economic crisis.

A second Burmese in the Juru detention camp in Central Seberang Prai here has died of Leptospirosis.

Immigration Department director-general Abdul Rahman Othman said that the immigrant, Sa La Hin, 26, who had been detained in the camp since January, succumbed to the contagious bacterial disease late Sunday at the Bukit Mertajam Hospital.

Last Tuesday, Myanmar detainee Thang Hoih Ping, 21, died of the disease in the same hospital following an outbreak in the camp.

Abdul Rahman said that as at 11am Tuesday, 24 detainees were still warded, including one in the Seberang Jaya Hospitals intensive care unit.

Of the 24 detainees, 22 are Myanmar nationals and two are Bangladeshis. - Star, 19/5/2009, Leptospirosis kills 2nd Myanmar illegal immigrant

Leptospirosis - usually caused by exposure to water contaminated with the urine of infected animals, such as rodents, cattle, pigs, horses, dogs and wild animals. Does that not tell you about the state of hygine in the Juru Detention Centre, that is in the Pakatan Rakyat ruled State of Penang. Maybe, the State Government should be held responsible for the conditions of Detention Centres in their own State. [Of course, the Chief Minister of Penang may come out and say that these centres are under the control of the BN Federal Government - but I say, the State Government also has to bear the responsibility of matters that are within the State boundaries. Remember, Malaysia is a Federation of States...and States are sovereign territories, and always have the option to remain in the Federation or not - and this gives the State great powers..which it should use for betterment of the State, its people...and conditions of Detention places in the State..]

Leptospirosis outbreaks are usually caused by exposure to water contaminated with the urine of infected animals, such as rodents, cattle, pigs, horses, dogs and wild animals.

Well prepared: A Rela member wearing a face mask while guarding one of the illegal immigrant blocks at the Juru detention camp in Bukit Mertajam Sunday.

People become infected through consumption or contact with urine-contaminated water, food or soil.

On May 7, a Myanmar detainee took ill and died five days later of a bacterial infection at the Bukit Mertajam Hospital. Since then 36 others took ill and were hospitalised for treatment.

There are 552 illegal immigrants in the camp comprising 478 males, 72 females and two male children.- Star, 18/5/2009, 13 illegals discharged

The good that has come out of this tragedy and humiliation is that finally there is begining of a serious concern about healthcare...hygine..food, which I hope is not merely temporary but will be made permanent...

Deeply concerned over the situation, Abdul Rahman [Immigration Department director-general] ordered all migrant detention camps in the country to increase hygiene standards and cleanliness levels, including the preparation of food and drinks.

“We have yet to obtain an official report from the Health department on the two deaths as well as the actual cause of the outbreak.

“However, we have taken precautionary measures by stationing a medical team on daily shift duty at the Juru camp to closely monitor the situation,” he said.

Not ruling out the possibility that the disease could have been transmitted from the immigrants, Abdul Rahman said that according to standard operating procedures, a medical officer usually visited the camp once a week.

However, since the outbreak, the department had opened the doors of its detention camps nationwide for health officials to come in and provide necessary medical assistance, he said. - - Star, 19/5/2009, Leptospirosis kills 2nd Myanmar illegal immigrant

Cleanliness and hygiene at immigration depots nationwide are to be stepped-up to ensure safety of staff and inmates there against contracting infectious diseases, Immigration Director-General Abdul Rahman said today.

He said this was in addition to the scheduled checks conducted by the Health Department to ensure the depots met the health and hygiene standards and to prevent the spread of infectious diseases.

"We have the cooperation of the Health Ministry to monitor cleanliness and hygiene at our depots nationwide and there is no need for the public to worry," he told a press conference at the Penang Immigration head office here today. - Bernama, 19/5/2009, Cleanliness, Hygiene At Immigration Depot To Be Stepped Up

I believe that once a week visit of a medical officer is really insufficient for Detention Centres ...Maybe, there should be a permanent presence of a medical office (if not a doctor, at the very least a medical assistant), and the doctor could visit once every day for a few hours daily to deal with the more serious cases, beyond the expertise of the medical assistant..) . It is important to have persons who speak detainee language/s to translate to the medical staff.

Maybe, new detainees should be isolated until they could be tested for TB and other transmitable diseases. Tubercolosis (or Batuk Kering) is an example of a disease that can be easily transmitted to other living within close proximity like in these Immigration Detention Centres.

Once in 2 week visits should also be conducted by the health officer - who will be tasked to review state of hygine of the Detention Centre, and all other related matters, including food. Food and food preparation must also be reviewed.

And, if it was the food caterers, that are to be blamed - we must not just stop with the termination of the contract...but there must be legal action, criminal or otherwise...

He [Immigration Department director-general Abdul Rahman Othman] also said the Juru camp’s catering tender might be reviewed if the cause of the outbreak pointed to contamination of its food and drinks. - Star, 19/5/2009, Leptospirosis kills 2nd Myanmar illegal immigrant

The immigration DG says that overcrowding is not a reason for the spread of the disease...because only slightly overcrowded by 53 (Hello...when we say slightly overcrowded, we are talking about 4 to 9 maybe...)

Look also at the picture above, which shows how these migrants are kept...If they are staying in 'cages' like this, there is a serious need to review conditions of these detention centres.

Abdul Rahman, however, discarded over-crowding as among the reasons for the widespread of the disease, noting that the Juru detention camp merely had an additional 53 detainees compared to its 500 detainee-capacity. - Star, 19/5/2009, Leptospirosis kills 2nd Myanmar illegal immigrant

See also earlier related posts including:-

Now migrants are dying in Detention Centres because of diseases transmitted by 'animal urine contaminated water'...

SUHAKAM: "...denial of medical attention.. a serious violation of that person’s right to life..."

It was already a shocker when SUHAKAM (Malaysia's Human Rights Commission) told us that "ABOUT 1,300 illegal foreigners have died during detention in the past six years, Malaysia Nanban quoted Malaysian Human Rights (Suhakam) commissioner Datuk N. Siva Subramaniam as saying.He said many of them died in immigration detention centres, prisons and police lockups because they were denied medical treatment at the right time.-Star, 18/12/2008 - 1,300 foreign detainees died due to neglect

SUHAKAM views the denial of medical attention to the point of endangering one’s life as a serious violation of that person’s right to life.- - letter of SUHAKAM to the Asian Human Rights Commission (AHRC) dated 13/1/2009

To save 'public funds', BN sacrifices Penanti...maybe same reason why we won't have fresh elections in Perak?

Well, this is interesting...

BN is not contesting in the upcoming by-elections for the Penanti State seat...

So, why have they come out with this decision...not to waste money - 'was not interested in 'wasting public funds' by taking part in the by-election.'

What public funds are you talking about? Are you talking about the cost of printing ballot papers, the cost of paying the various SPR agents, who will be tasked to man the various polling stations, etc..

Well, the ones who spend more money usually is the contesting parties - particularly the BN in the past.

'Wasting Public Funds' ....mmm maybe this may apply to the BN, because accusations have been levied before that the BN do use 'government' people, equipment...and maybe also funds.

' Wasting Public Funds' - yes the BN has used a lot of that before, because whenever there is a by-elections, there is a lot of 'immediate overnight' development that comes. Roads get widened ...build...re-surfaced...All kind of 'good for people things' happen to the people in the area where the by-elections happen.

So, maybe that is the 'wasting public funds' that the BN is worried about - not the necessary money expended by SPR to carry out the elections...

Barisan Nasional will not be contesting in the Penanti by-election on May 31, announced Prime Minister Najib Abdul Razak today.

The decision was made following a BN supreme council meeting chaired by Najib this afternoon.

The decision was not a major surprise as Najib had previously indicated that the ruling coalition was not interested in 'wasting public funds' by taking part in the by-election. - Malaysiakini, 18/5/2009, Confirmed! BN not contesting Penanti

Or...maybe that is not really the REAL reason...

Maybe, it was a necessary sacrifice especially if the BN is going to again use the same 'wasting public funds' argument for not dissolving the Perak State Assembly, and having fresh elections in Perak.

To contest in Penanti - and then try to avoid fresh elections in Perak, using that 'wasting public funds' argument would have not worked.

'Wasting Public Funds' is no justification for not calling for fresh elections in Perak.

'Wasting Public Funds' is no reason for not having elections at any level - including also the Local Council level..

Now, 23 say: Withdraw Suu Kyi's Absurd Charge, and Release All Political Prisoners in Burma

Media Statement – 16/5/2009 (Re-issued 17/5/2009 with more endorsements)

WITHDRAW ABSURD CHARGES AGAINST AUNG SAN SUU KYI

RELEASE IMMEDIATELY AND UNCONDITIONALLY ALL POLITICAL PRISONERS IN BURMA

We, the undersigned, are shocked that Aung San Suu Kyi has now been absurdly charged for the offence of breaking the terms of her house arrest, in particular the condition that forbids visitors, after an American man, swam across the lake and entered her house uninvited and refused to leave.

Daw Aung San Suu Kyi and her two assistants were reported to have been charged on 14/5/2009 with breach of detention under Section 22 of the Law Safeguarding the State from the Dangers of Subversive Elements, and their trial is scheduled to begin on Monday (18/5/2009) in an Insein Prison special court set up to handle political dissidents.

American, John William Yettaw, 53, of Falcon, Missouri swam across Inya Lake on the night of May 3 and left the compound early on the night of May 5, swimming a distance of about 2 kilometers. Authorities arrested him later that morning.

In Burma, it is also against the law for a foreigner to stay in the home of a Burmese citizen overnight without approval from authorities.

Dr. Tin Myo Win, Suu Kyi’s family physician, also will allegedly be charged in connection with Yettaw’s staying in Suu Kyi’s compound overnight. Yettaw himself is also expected to be charged, presumably for violating one of Burma’s internal security laws.

Aung San Suu Kyi and her two assistants, have been taken from her home and is currently being detained in the infamous Insein Prison since 14/5/2009.

Daw Aung San Suu Kyi, 63, the leader of the National League for Democracy(NLD), has spent 13 of the past 19 years in virtual isolation in her home since the Burmese military junta refused to recognise NLD's landslide victory in the country's last elections in 1990.

The most recent, six-year period of detention is due to end on May 27. The junta’s justification for keeping her locked away under the provisions of this draconian 1975 national security law was to protect the state from "destructive elements". Many speculate that this recent incident was created or being manipulated to discredit Suu Kyi and provide justification for the military government to extend her house arrest again.
We call for the immediate withdrawal of this absurd charge levied against Aung San Suu Kyi, and her 2 assistants;

We also call for the immediate and unconditional release of Aung San Suu Kyi and all other political prisoners and prisoners of conscience in Burma;

We call for ASEAN and ASEAN member governments, including Malaysia, to immediately intervene and urge the government of Burma to respect human rights, and to adhere to the numerous United Nations resolutions, including General Assembly Resolution 49/197 [1995], which, amongst others, “…call on the Government of Myanmar to release unconditionally and immediately the Nobel Peace Prize Laureate Aung San Suu Kyi, who is now in her sixth year of detention without trial, and other political leaders and remaining political prisoners…’

We also call on the United Nations(UN), the European Union(EU) and all concerned nations to act for the immediate withdrawal of this absurd charge, to secure the immediate and unconditional release of all political detainees and to restore democracy and human rights to Burma and its peoples.

Charles Hector
Pranom Somwong
for and on behalf of the following 23 organisations,

All Women's Action Society (AWAM)
Amnesty Malaysia
Burma Campaign, Malaysia
Civil Society Committee of LLG Cultural Development Centre (LLGCSC)
Coordination of Action Research on AIDS & Mobility (CARAM-ASIA )
Friends of Burma, Malaysia
MADPET (Malaysians Against Death Penalty and Torture)
Malaysia Youth and Student Democratic Movement (DEMA)
Myanmar Ethnic Rohingya Human Rights Organization Malaysia (MERHROM)
Migration Working Group (MWG)
Myanmar Refugee Volunteer Group (MRVG)
National Democratic Party for Human Rights (NDPHR-Exile) Malaysia
National Institute for Electoral Intergrity (NIEI)
Network of Action for Migrants in Malaysia (NAMM)
Parti Keadilan Rakyat (PKR)
Parti Rakyat Malaysia (PRM)
Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS), Malaysia
Persatuan Kesedaran Komuniti Selangor (EMPOWER)
Pusat KOMAS
Suara Rakyat Malaysia (SUARAM)
Tenaganita
Workers Hub For Change (WH4C)
Writer Alliance for Media Independence (WAMI)

Why not use refugees for nation's labour needs..before resorting to migrant workers.

What happens to refugees in Malaysia?

How do they live? Where do they find money for food and board?

Today, unlike during the time of the Vietnamese refugees, are not housed in any compound and provided with food and shelter..

So, how do they survive...

Some time back, I suggested that Malaysia should possibly come up with some sort of refugee-work permit, which will allow refugees to work...

I came across this article, which I thought may be interesting reading...

The predicament of Myanmar refugees in Malaysia has been grabbing international media attention. There are growing calls for the Government to address the issue.

FOR the last several weeks, the international press has been highlighting the sad plight of the more than 80,000 Myanmar refugees in Malaysia.

An explosive report by the United States Senate Foreign Relations Committee that was released recently alleges the involvement of some Malaysian officials in the trafficking of these refugees. The refugees have reportedly been abused and harshly treated by other government agencies, including Rela.

The Government has until now, consistently denied all allegations of mistreatment, abuse or trafficking. The former minister of home affairs rejected these allegations outright.

The allegations themselves are not new. Malaysian and other NGOs have been voicing similar concerns for years. Malaysian print and television media have also featured investigative reports on this issue. Just google ‘Burmese refugees – Malaysia’ and dozens of sites will pop-up.

The UN High Commission for Refugees has also expressed alarm at the treatment of refugees in Malaysia. Anyone who bothers to seek out these hapless refugees, in and around our larger cities, and talk to them, as I have, will be shocked by their stories of harassment, intimidation and abuse.

Of course, there may be some exaggeration involved. Nevertheless, their stories are credible, compelling and distressing, and must be taken seriously. Denial is not an option any longer.

It is to our great shame that we treat people who are fleeing from oppression in such a callous manner. It goes against the norms of decency and violates international conventions on the treatment of refugees. It even flies in the face of our own claim to be “a caring society.”

Pretending that this problem does not exist in the hope that it would go away is not going to work. The issue has now gained international traction.

European and Canadian parliamentarians, together with members of the US Congress, have taken up the cry, as have many respected NGOs.

Even our own parliamentarians are demanding action. We can therefore expect more negative publicity and criticism from abroad. It is going to get very messy unless appropriate action is taken.

Prime Minister Datuk Seri Najib Tun Razak has done the right thing in calling for a thorough investigation. Our Inspector-General of Police Tan Sri Musa Hassan has promised the same. Officials and others who are found to be complicit in these abuses must be brought to book. We have no obligation to defend them or cover up for them.

However, these encouraging statements must now be followed up with a more comprehensive plan of action that should include the following:

First, a policy decision must be made to recognise that legitimate refugees are different from illegal and other economic migrants. The UNHCR already has in place a credible refugee registration system. Malaysian agencies should recognise UNHCR refugee documentation and extend appropriate protection to those who hold them. The harassment of refugees must end immediately.

Second, the Government should henceforth give priority to documented refugees when it comes to recruiting temporary foreign labour. It makes no sense to contract thousands of foreign workers from abroad, and particularly from Myanmar, when we already have a huge pool of unemployed refugees within our borders.

By providing refugees with legal employment, they will be able to live in dignity while awaiting resettlement in third countries.

Third, the Government should acknowledge the work of our NGOs in caring for the refugees despite many limitations, including hostility from some government agencies.

These NGOs are already on the ground and have a good track record. With even modest government assistance, support and encouragement, they can do much to help the refugees.

Fourth, the Government should take the initiative to host an Asean conference on refugees. Resettlement countries, as well as China, should be included.

The objective would be to construct a proper regional framework to prevent the abuse and trafficking of refugees and speed up their resettlement to third countries.

Myanmar’s military rulers must also be persuaded to end their campaign of terror against their own minorities.

There is, of course, the fear that extending humanitarian support to refugees would open the floodgates, so to speak.

The real problem we face, however, is not from genuine refugees but from out of control illegal immigration that is exacerbated by corruption and short-sighted labour recruitment policies. The unfortunate people fleeing from tyranny in Myanmar should not have to suffer because of this.

Najib has a unique opportunity to mend the damage done to our international image and to restore our own self-respect. Bold measures are needed, and needed quickly.

Malaysians, too, can help by reaching out to these refugees with the care and compassion that has always been our hallmark, instead of reacting with fear and suspicion.

In the final analysis, the measure of a country is not the high ideals it claims to possess but the compassion and care it shows to the weak and vulnerable in its midst. Malaysia must rise to this challenge.

Datuk Dennis Ignatius is a 36-year veteran of the Malaysian foreign service. He has served in the United Kingdom, China, the United States, Chile and Argentina. He retired as High Commissioner for Malaysia to Canada in July 2008. - Star,DIPLOMATICALLY SPEAKING:By DENNIS IGNATIUS, 14/5/2009 - Use refugees for labour needs

There are, I believe, more than half a million Burmese peoples here who reasonably are refugees and asylum seekers - not undocumented migrants or 'illegal' migrants.

There are refugees from Southern Thailand, from Southern Philipines, from Indonesia, from Iraq, etc here in Malaysia - and, though it may not make our ASEAN neighbours, from where these refugees are coming from happy, and it may be politically problematic - but it would be the humane thing to do.

UNHCR has its limitations and failings, and there has also been allegations of corruption, and as such the many are yet to be accorded refugee status, and some real refugees may never get that status. I believe the Malaysian government (or even the State government) could do something about this, and provide persons from Burma, Southern Thailand, Southern Philipines some temporary refugee status...and this will prevent wrongful arrest, detention and even deportation of persons who in fact are refugees.

Withdraw Absurd Charges Against Aung San Suu Kyi, says 22 Malaysian Groups

Media Statement – 16/5/2009

WITHDRAW ABSURD CHARGES AGAINST AUNG SAN SUU KYI

RELEASE IMMEDIATELY AND UNCONDITIONALLY ALL POLITICAL PRISONERS IN BURMA

We, the undersigned, are shocked that Aung San Suu Kyi has now been absurdly charged for the offence of breaking the terms of her house arrest, in particular the condition that forbids visitors, after an American man, swam across the lake and entered her house uninvited and refused to leave.

Daw Aung San Suu Kyi and her two assistants were reported to have been charged on 14/5/2009 with breach of detention under Section 22 of the Law Safeguarding the State from the Dangers of Subversive Elements, and their trial is scheduled to begin on Monday (18/5/2009) in an Insein Prison special court set up to handle political dissidents.

American, John William Yettaw, 53, of Falcon, Missouri swam across Inya Lake on the night of May 3 and left the compound early on the night of May 5, swimming a distance of about 2 kilometers. Authorities arrested him later that morning.

In Burma , it is also against the law for a foreigner to stay in the home of a Burmese citizen overnight without approval from authorities.

Dr. Tin Myo Win, Suu Kyi’s family physician, also will allegedly be charged in connection with Yettaw’s staying in Suu Kyi’s compound overnight. Yettaw himself is also expected to be charged, presumably for violating one of Burma ’s internal security laws.

Aung San Suu Kyi and her two assistants, have been taken from her home and is currently being detained in the infamous Insein Prison since 14/5/2009.

Daw Aung San Suu Kyi, 63, the leader of the National League for Democracy(NLD), has spent 13 of the past 19 years in virtual isolation in her home since the Burmese military junta refused to recognise NLD's landslide victory in the country's last elections in 1990.

The most recent, six-year period of detention is due to end on May 27. The junta’s justification for keeping her locked away under the provisions of this draconian 1975 national security law was to protect the state from "destructive elements". Many speculate that this recent incident was created or being manipulated to discredit Suu Kyi and provide justification for the military government to extend her house arrest again.

We call for the immediate withdrawal of this absurd charge levied against Aung San Suu Kyi, and her 2 assistants;

We also call for the immediate and unconditional release of Aung San Suu Kyi and all other political prisoners and prisoners of conscience in Burma ;

We call for ASEAN and ASEAN member governments, including Malaysia, to immediately intervene and urge the government of Burma to respect human rights, and to adhere to the numerous United Nations resolutions, including General Assembly Resolution 49/197 [1995], which, amongst others, “…call on the Government of Myanmar to release unconditionally and immediately the Nobel Peace Prize Laureate Aung San Suu Kyi, who is now in her sixth year of detention without trial, and other political leaders and remaining political prisoners…’

We also call on the United Nations(UN), the European Union(EU) and all concerned nations to act for the immediate withdrawal of this absurd charge, to secure the immediate and unconditional release of all political detainees and to restore democracy and human rights to Burma and its peoples.

Charles Hector

Pranom Somwong

for and on behalf of the following 22 organisations,

All Women's Action Society (AWAM)

Amnesty Malaysia

Burma Campaign , Malaysia

Civil Society Committee of LLG Cultural Development Centre (LLGCSC)

Coordination of Action Research on AIDS & Mobility (CARAM-ASIA )

Friends of Burma , Malaysia

MADPET (Malaysians Against Death Penalty and Torture)

Malaysia Youth and Student Democratic Movement (DEMA)

Migration Working Group (MWG)

Myanmar Refugee Volunteer Group (MRVG)

National Democratic Party for Human Rights (NDPHR-Exile) Malaysia

National Institute for Electoral Intergrity (NIEI)

Network of Action for Migrants in Malaysia (NAMM)

Parti Keadilan Rakyat (PKR)

Parti Rakyat Malaysia (PRM)

Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS), Malaysia

Persatuan Kesedaran Komuniti Selangor (EMPOWER)

Pusat KOMAS

Suara Rakyat Malaysia (SUARAM)

Tenaganita

Workers Hub For Change (WH4C)

Writer Alliance for Media Independence (WAMI)

Now migrants are dying in Detention Centres because of diseases transmitted by 'animal urine contaminated water'...

Look at what this Burmese Migrant, who was in Malaysia's Detention Centre in Juru died of - Leptospirosis

"The infection is commonly transmitted to humans by allowing animal urine contaminated water to come in contact with unhealed breaks in the skin, eyes or the mucous membranes."

Does that not further confirm that our Detention Centres in Malaysia are in a bad unhygienic state - Now, we are are responsible for this migrant's death...

It was already a shocker when SUHAKAM (Malaysia's Human Rights Commission) told us that "ABOUT 1,300 illegal foreigners have died during detention in the past six years, Malaysia Nanban quoted Malaysian Human Rights (Suhakam) commissioner Datuk N. Siva Subramaniam as saying.He said many of them died in immigration detention centres, prisons and police lockups because they were denied medical treatment at the right time.-Star, 18/12/2008 - 1,300 foreign detainees died due to neglect

And now this....

A Myanmar illegal immigrant detained at the Juru detention centre in Bukit Mertajam near here died from leptospirosis on Tuesday.

As of noon, 26 cases were reported and all victims have been warded in hospitals on the mainland.

Twenty-four cases were being treated at the Bukit Mertajam Hospital while the remaining two at the Seberang Jaya Hospital.

The cases are being managed by the hospitals teams in consultation with the Penang Hospital's Consultant Physician and Infectious Disease Physician.

Leptospirosis, which is also known as Weil's disease or syndrome, canicola Fever or Fort Bragg Fever, is a rare and severe contagious bacterial infection that affects humans and a wide range of animals.

The infection is commonly transmitted to humans by allowing animal urine contaminated water to come in contact with unhealed breaks in the skin, eyes or the mucous membranes.

The state helath department reported that active case detection and investigations had been carried out at the Juru Detention Camp since Tuesday and cases in need of hospital care had been sent to the Bukit Mertajam Hospital.

Disinfection had also been carried out at the detention camp's blocks, toilets and bathroom.

The department stated that samples from the camp's water sources had been taken for evidence of contamination, and that its health teams were carrying out daily visits to the camp to monitor the inmates for symptoms.

The Myanmar immigrant, who was 21, died at Bukit Mertajam Hospital after being treated in the hospital's intensive care unit for sustected leptospirosis since his admission on May 7.

He presented symptoms of pedal oedema (fluid accumulation in the leg), fever, decreased urine output, constipation and lethargy.

Three cases with the similar symptoms were also reported on Tuesday and from further investigations by the department and the Seberang Perai Tengah district health office more cases were identified and referred to the Bukit Mertajam Hospital. - New Straits Times, 15/5/2009, Myanmar illegal immigrant died of leptospirosis

The Malaysian Bar is no longer just calling ...they are demanding..

Access to a lawyer is a fundamental right of an arrested person...

When not only that right is denied, but the lawyers also arrested...and detained in police lock-ups (and also denied the right to a lawyer)... it is just too much...

And, it was this that brought a total of 1,429 lawyers and 81 chambering students the Malaysian Bar’s Extraordinary General Meeting (EGM) this Friday afternoon (15/5/2009) to unanimously and unequivocally called for the resignation of the Minister for Home Affairs, the Inspector-General of Police and the OCPD of the Brickfields police station.

Malaysian lawyers are very angry with the impunity shown by the police...No more were they using words like "called for" - now they demanded...

They are no satisfied with just the passing of Resolution but have directed their Bar Council to do more ..

The Resolution that was passed is as follows...

Whereas on the night of 7 May 2009, five members of the Kuala Lumpur Legal Aid Centre, Fadiah Nadwa binti Fikri (Secretary), Murnie Hidayah binti Anuar, Puspawati binti Rosman, Ravinder Singh Dhalliwal (Chairperson) and Syuhaini binti Safwan (collectively known as the “LAC Lawyers”), in their capacity as Advocates & Solicitors, had requested the police at the Brickfields Police Station for access to the detained persons who were arrested that same night whilst holding a candlelight vigil at the same Police Station over the recent arrest of political scientist Wong Chin Huat.

Whereas Article 5(3) of the Federal Constitution entrenches the fundamental right of a person to consult and be defended by the legal practitioner of his/her choice. Further, sub-sections 28A(2) to (7) of the Criminal Procedure Code (“CPC”) set out in detail the rights of arrested persons including their right to communicate and consult with a legal practitioner of their choice.

Whereas the Police denied the LAC Lawyers access to the detained persons, the Police, without any reasonable grounds, proceeded to arrest the LAC Lawyers and only released them on police bail the following day at around 3 p.m., notwithstanding the repeated requests by other lawyers for their immediate release.

NOW IT IS HEREBY RESOLVED THAT THE MALAYSIAN BAR:

1. Strongly condemns and denounces the wrongful arrest, detention and interrogation of the LAC Lawyers.

2. Strongly condemns and denounces the blatant transgression of the rule of law and the constitutional right of every person to counsel and access to justice.

3. Strongly condemns the unnecessary arrest and detention of those exercising their constitutional right to assemble peaceably.

4. Strongly condemns the arbitrary, improper and frequent resort by the Police to section 28A(8) of the Criminal Procedure Code, thus denying an arrested person access to counsel and making the right provided under section 28A(3) meaningless.

5. Strongly condemns and denounces the appalling treatment of the LAC lawyers and all those held in custody, including compelling them to wear lock up uniforms and unnecessarily handcuffing them.

6. Strongly condemns and denounces the Police for deliberately refusing to disclose to their family or their lawyers any information in relation to the LAC lawyers after their arrest, including their location and their next course of action.

7. Demands the resignation of the Minister for Home Affairs, the Inspector-General of Police, OCPD ACP Wan Abdul Bari bin Wan Abdul Khalid and DSP Jude Pereira of the Brickfields police station over this shameful incident.

8. Condemns the gross abuse of police powers and demands that the Government offer an unconditional apology to the LAC Lawyers.

9. Demands that the Government commit to and uphold the Rule of Law as enshrined in the Federal Constitution.

10. Reiterates its previous calls on the Government to establish the Independent Police Complaints and Misconduct Commission (IPCMC) in its original form to serve as an independent external oversight mechanism.

11. Demands that the Government uphold and defend the fundamental rights of advocates and solicitors to discharge their responsibilities to their clients in an environment free from threats and intimidation and unhindered by law enforcement agencies.


Proposed by: Ragunath Kesavan
Dated: 8 May 2009

The motion, as amended, was unanimously carried.

Malaysia is No. 2 - 82 Bangladeshi migrants died of 'heart attack' this year??

Malaysia is number 2 - as far as sending back dead migrant workers to Bangladesh...who died from heart attack...

Around 44 percent of the Bangladeshi migrant workers who returned home in coffins between January 1 and May 9 this year, had died of cardiac arrests in Middle Eastern and Southeast Asian countries, raising serious questions about the living standards of migrant workers in those countries.

Cardiologists said acute tension caused by uncertainties of income and unhealthy food habits may lead to deaths by heart attacks, while labour rights activists are emphatic that mental tension caused by low income, debts, and lack of medical care abroad lead to such deaths.

A total of 904 bodies of migrant workers returned home from different countries between January and May, 391 of whom died of cardiac arrests, 268 in workplace accidents, 62 in road accidents, 115 of other sicknesses, and the remaining died due to various other reasons, according to official sources at Zia International Airport (ZIA).

Among the 391 deaths by cardiac arrests, 119 were in Saudi Arabia, 82 in Malaysia, 72 in the United Arab Emirates, 35 in Kuwait, 16 in Oman, 10 in Qatar, 10 in Bahrain, 7 in Singapore, and 2 were in Lebanon the major destinations abroad for Bangladeshi labourers...

...Al-Amin Nayon, executive director of International Migrants Alliance Research Foundation, said it is surprising that many deceased workers aged between 25 and 40 had been medically fit at the time of leaving home, but died in a few months of getting to their workplaces abroad.

Job seekers pay too high a price to go abroad for jobs, but in many cases they can neither recover the money to repay the loan sharks nor can they help their families back home, which make their lives miserable in faraway lands, Nayon added.

Deaths of many such workers overseas in heart attacks have become a matter of public concern in recent times, especially since job cut has become a regular phenomenon due to the ongoing global economic recession.

Rezaul Haque, 40 of Faridpur, is one such victim who died of a cardiac arrest. His body returned home on May 8. He had gone to Dubai 18 months ago, but sent only Tk 40,000 since then, said his sister Mita.

"My brother did not have any job for many months initially. Later, he worked for a company other than the one that originally hired him," Mita said adding that her brother had to spend Tk 2.20 lakh for going to Dubai, most of which had been borrowed at a staggering annual interest rate of 96 percent, and has to be paid in monthly instalments.

Another Bangladeshi worker Ikhtiar, 30, of Naogaon, who died in a Malaysian detention camp early April, had been allegedly tortured by the special immigration police of that country, because he along with some others could not show work permits as those had been retained by their employers.

Mahesh Sarker of Tangail died in late 2007 following months of unemployment and abuses in Malaysia.

There are unimaginable exploitation of workers abroad, but the authorities have done really a little to address the grave problem, said Al-Amin Nayon who returned from Malaysia in late 2007 following abuses by his employer.

"The number of untimely deaths will continue to increase unless the government takes strong measures immediately to ensure migrant workers' jobs and welfare, instead of only being proud of the remittance they send back home," Nayon added. - The Daily Star, 13/5/2009, 44pc of them died of cardiac arrest

Really, the time has come to investigate these deaths..

Remember SUHAKAM, our human rights commission did some time back inform Malaysians that about 1,300 migrants died in detention centres ...

ABOUT 1,300 illegal foreigners have died during detention in the past six years, Malaysia Nanban quoted Malaysian Human Rights (Suhakam) commissioner Datuk N. Siva Subramaniam as saying.

He said many of them died in immigration detention centres, prisons and police lockups because they were denied medical treatment at the right time.

He proposed that a doctor and a medical assistant be appointed in each detention camp and prison which should have the necessary facilities to transfer sick prisoners to hospitals during an emergency.

He said detention camps now have appointed doctors who make regular visits.

He also said that Suhakam had submitted a memorandum to the Government proposing the appointment of a doctor to visit police stations to monitor the health of suspects held in lockups. - Star, 18/12/2008 - 1,300 foreign detainees died due to neglect

Malaysian government must start doing something about healthcare at places of detention...and also healthcare for migrants in Malaysia..

We may need to review the policy of charging migrants a high fee to access government hospitals and clinics..

Healthcare is a fundamental human right - and it should be accorded to all persons freely (if not cheaply..)

We do not want persons in Malaysia to die just because going to see the doctor and get treatment was too expensive.

Employers pay a very large levy every year when they bring Migrant workers in. Migrant workers contribute to our economy, and there should be no reason why Malaysia cannot provide the same affordable healthcare that they provide Malaysians...

Why charge foreigners so high? When Malaysians are in a foreign land, we do not want to be in a situation that we cannot get healthcare because foreigners have to pay so much more...

Wonder whether it was the BN government healthcare policy and practice of Malaysia that has made Malaysia number 2...

I am sure that the Malaysian government allowing some employers to deduct from worker's wages levy and other expenses that the employer incurred in bringing in/employing a migrant worker was a contributory factor ...in increasing tensions...causing cardiac arrests...Thankfully, the government stopped this on 1/4/2009 but 2 weeks later went back to the good old ways. Only new workers employed after 1/4/2009 will not have their wages deducted by the employer to recover the levy he paid the Malaysian government...The evil practice continues for all other workers but only in with regard to certain (not all) employers...

See also earlier posts:-

SUHAKAM: "...denial of medical attention.. a serious violation of that person’s right to life..."

Open Independent Inquiry into all deaths in custody ...allegation of Bangladeshi 'tortured to death' by detaining authorities.

Aung San Suu Kyi ABSURDLY charged..

It is ABSURD that the Burmese military regime is gone ahead and charged Aung San Suu Kyi because some American had swam over uninvited to the house that Suu Kyi was under house arrest...

Suu Kyi's is the leader of the political party known as the National League for Democracy(NLD) that won the last general elections in Burma. Instead, of handing over the reigns of government to NLD, the military junta just did a lot of arresting, detaining and torturing...Many is said to have also been killed...

That is why we have so many Burmese here in Malaysia, and Thailand, running away from persecution...concerned about their life and liberty... [One estimate says that we may be having more than half a million Burmese in this category ...] but alas, Malaysia sometimes forget these who should really be seen as refugees and asylum seekers...not simply and merely as undocumented persons... [see also yesterdays Bernama report below...]

Burmese authorities today charged opposition leader Aung San Suu Kyi with breaching the conditions of her house arrest and her trial will start on May 18, her lawyer said.

MCPX

"The authorities have charged Aung San Suu Kyi and her two maids under Section 22" of the Law Safeguarding the State from the Dangers of Subversive Elements, under which she is detained, lawyer Hla Myo Myint said.

News of the legal proceedings come as the authorities announced that a US man will be charged over immigration violations and breaching a security law after he secretly entered the house of the opposition leader, a lawyer said.

Sixty-three-year-old Aung San Suu Kyi was driven at high speed from her Rangoon home where she has spent most of the past two decades under house arrest, and was detained at the notorious Insein prison, along with two of her maids.

US national John Yettaw was detained by police last week for gaining uninvited access to Aung San Suu Kyi's sprawling off-limits residence and staying there for two days before he was caught.

It is only about two weeks before the Nobel Laureate's latest period of detention at home is due to expire, and critics said it was a way for the ruling generals to keep her locked up ahead of elections due in 2010.

"Aung San Suu Kyi and the maids have been detained in the prison. The authorities have prepared a case against them," Nyan Win, the spokesman for her National League for Democracy, told AFP.

Witnesses said a convoy flanked by police vehicles sped away from her residence early this morning and arrived 15 minutes later at the prison, which holds many opponents of Burma's military regime.

Her party said at the weekend that she was in poor health and called for her to be given urgent medical assistance after her doctor was arrested for questioning over the incident with the American.

Lawyer Kyi Win said last week that Yettaw was an "adventurous" American acting of his own accord.

13 years in virtual isolation

Aung San Suu Kyi has spent 13 of the past 19 years in virtual isolation in her home since the junta refused to recognise the NLD's landslide victory in the country's last elections in 1990.

The most recent, six-year period of detention is due to end on May 27. The junta says it is keeping her locked away under a 1975 law to protect the state from "destructive elements."

"This is the cunning plan of the regime to put Aung San Suu Kyi in continuous detention beyond the six years allowed by the law they used to justify the detention of her," Aung Din, executive director of the Washington-based US Campaign for Burma, said in a statement.

In Washington, which has imposed strict sanctions on Burma, the US State Department said that Burmese authorities had allowed a US diplomat to visit Yettaw on Wednesday.

"Mr Yettaw has not been charged, nor have the Burmese authorities provided information on the next steps in this case," the US statement said, referring to the country by its former name.

Burmese officials also confirmed that the US had obtained consular access to Yettaw, 53, whom authorities in Rangoon have described as a Vietnam War veteran.

The state-run New Light of Myanmar newspaper said that Yettaw had confessed to arriving in Rangoon on a tourist visa on May 2. He then swam to the compound the following night "and secretly entered the house and stayed there."

Burmese official sources said the man had succeeded in meeting Aung San Suu Kyi during his time at the house before he was arrested in the early hours of May 6 while swimming back across the lake.

The newspaper said authorities confiscated his passport and a black haversack, torch, folding pliers, a camera, two US 100-dollar bills and some Myanmar currency notes. - Malaysiakini, 14/5/2009, Suu Kyi and her two maids charged

When Burmese run for their lives and liberty to Malaysia away from a universally accepted evil military regime, Malaysian government 'crackdown' on them, arrest, detain and deport...Some even get whipped....

KUALA LUMPUR, May 13 (Bernama) -- Eighty-three illegal immigrants, including 14 women, were arrested in an anti-crime operation in the vicinity of the Selayang wholesale market here last night.

Some even climbed up rooftops to evade arrest, but to no avail. Most of them were vegetable sellers at the market

Sentul OCPD ACP Zakaria Pagan said the illegal immigrants -- 81 Myanmars and two Indonesians -- were arrested after they failed to produce their travel documents.

Police had to break into several houses occupied the illegal immigrants when they refused to cooperate, he told reporters at the Jinjang police station.

He said that that massive operation focused on the vicinity of the wholesale market because it had been identified as the main contributor to the spike in the crime rate in the district.

He said police would take stern action against those who employed illegal immigrants and refused to cooperate to ensure that their business sites were free of illegal immigrants.

He said there were an estimated 2,000 foreigners, mostly Myanmars, living in the area.

A total of 150 policemen, immigration officers and Rela members took part in the four-hour operation which began at 11pm.

-- BERNAMA, 13/5/2009, 83 Illegal Immigrants Arrested

COUNCIL OF CHURCHES of Malaysia[CCM] calls for fresh elections in Perak

The Perak State Assembly sitting of 7th May

The Council of Churches of Malaysia (CCM) is deeply troubled and concerned at the events that unfolded at the Perak State Assembly sitting on the 7th May.

The unruly scenes, the scuffles and the removal of the Speaker of the House by force, have all violated the dignity of the State Assembly and made a mockery of basic democratic principles that citizens have come to expect from a nation that champions human rights.

The power and authority of the Speaker have been undermined.

The police had overstepped its authority by the harassment of duly elected representatives, and of peaceful protestors exercising their rights of free expression guaranteed under the constitution. The police must remain above politics to have integrity and the confidence of the people.

The CCM realizes that the political crisis in Perak is a great worry to all just and peace-loving citizens of our country.

The CCM feels that it is time for the government to uphold its commitment to building a democratic and peaceful Malaysia by returning power to the people to decide by whom and how they should be governed.

To this end, the CCM joins civil society in calling the Sultan to exercise his sovereign power by calling for fresh elections in the state.

This is the only way to resolve the current political impasse.

As Christians, we believe that justice will have its day, because God expects that the nation is governed by principles of righteousness and justice.

As churches pray for the speedy resolution of the political crisis in Perak, we remember the words of the Bible:

“To do righteousness and justice is more acceptable to the Lord than sacrifice….The violence of the wicked will sweep them away, because they refuse to do what is just” (Proverbs 21: 3, 7).

REV. DR. THOMAS PHILIPS President

REV. DR. HERMEN SHASTRI General Secretary

11th May 2009

Source: CCM Website

What is the position of Pakatan Rakyat on jobs and ...??

What is the position of Pakatan Rakyat on jobs and on the other real issues?

For so long people of Malaysia have been distracted by one by-election after the other, plans of large numbers of BN MPs hopping over to PR, the Perak issue...but sadly, there has been little discussion let alone expression of positions on many real issues. The phrase, 'We want greater JUSTICE' means so very little, if we do not state what exactly we will do to bring about this greater justice. It would be good, if PR (and even maybe the BN) can really state their position and policy (and their intended actions) on the many...real issues that affect person's lives - like Job, Healthcare, etc... Let's start with jobs and some of the related concerns...

JOBS FOR EVERYONE

- Every person in Malaysia shall have employment (i.e. the policy would be to provide every person in Malaysia with employment and income every month) - So what is the position, policy and practice of PR on this issue?

PERMANENT JOBS NOT SHORT-TERM CONTRACTS
DIRECT EMPLOYMENT BY THE BIG EMPLOYERS
- Well, the present trend with many employers is not to employ permanent employees. The practice today is:-

a) Short Fixed Term Employment Contracts :- Many employers now offer 6-month, 1-year contracts...The problem with this is that there is no more job-security for workers. Even retrenchment-benefits and lay-off benefits are lost to these workers. It is OK to be on short-term employment contracts but as one becomes older, it is more and more difficult. This practice also 'cripples' workers' union and struggle... What is sad that this method of employment is also being practiced by government, GLCs, ...TNB, Telekom Malaysia, CELCOM, etc...So what is the position, policy and practice of PR on this issue?

b) Outsourcing - this is a new 'trick' of many employers, including our banks - In this way, what should be the employers are now free of the traditional and usual obligations of employers to workers - i.e. job security, social security, work benefits, working conditions, right to unionize, etc... You work at ABC Berhad - but you really are the employee of some small contractor, or outsourcing company. These 'outside' workers really would have the interest or the 'right' to complain...to struggle for better working conditions at the workplace... So what is the position, policy and practice of PR on this issue?

c) Automation. At one time, governments were concerned about getting its people jobs and regular income, and hence there was a resistance to automation, which results in loss of jobs for the people. Remember, before in a bus, there were 2 workers - the driver and the conductor, and today there is one - the driver. In banks, there were previously many counter staff - but now they have been replaced by ATM machines, and usually at hand to assist consumers is the security guard - so soon Banks will again VSS or retrench more workers...So what is the position, policy and practice of PR on this issue?

MINIMUM WAGES FOR WORKERS - There really should be minimum wages that are set, and this should realistically take into consideration cost of living. What is this minimum? State government...and even Local Councils do have the requisite power to impose Minimum Wage requirements... So what is the position, policy and practice of PR on this issue?

Prime Minister, Najib, you can save this chapel in Pahang from destruction...

There is still NO news from the BN State government of Pahang, or the BN Federal Government of Malaysia under Pahang's Mohd Najib - news that will remove the threat of destroying the 83 year old chapel of St John in small town Triang, Pahang (whose MP is Ismail Sabri Yaakob)

It is a small Christian Catholic chapel that is the place of worship of a small Catholic Christian community - and it is hoped that concerned persons in Malaysia would join in the call to the State Government - to stop its threats - and SAVE this little church, proving that rights of minority religious groups are also respected.

There will be a special Mass (Worship Session) at 4.00pm on Sunday(17/5/2009) to pray specially so that this Chapel be saved. Spread the word, and it would be good if many would take the time to come join the Christian community in Triang as they pray their little old chapel be not demolished by the State government...the UMNO-led BN State Government.

Also do call upon or urge that the Pahang State Government, and also our Prime Minister, Mohd Najib Razak, that they would stop their plans to destroy this chapel that has also served the community around Triang as a refuge during the Japanese Occupation, floods, and other difficult times.

See earlier posts:-
St John's Chapel, Triang - the Church that needs saving
St John's Chapel, Triang (83 year old) :- Time is running out...
St John's Chapel(over 83 years old) being threathened with 'eviction' - help save this 'little' church

Nizar is MB, and that is so until Court of Appeal overules the High Court...An attempt to explain the confusion..

There is some confusion about what is happening in the courts concerning the question of who is the legitimate Menteri Besar of Perak - Is it Pakatan Rakyat's Nizar or is it Zambry of BN? Mainstream media headlines and reports have confused many.

FACT:- The High Court of Kuala Lumpur has decided that Pakatan Rakyat's Nizar is the legitimate Menteri Besar of Perak - and that is where it stands. Unless, the Court of Appeal, as and when it hears Zambry's appeal overturns this decision - Mohammad Nizar Jamaluddin is the legitimate Menteri Besar of Perak.

But what happened yesterday at the Court of Appeal? Well, Zambry had filed an appeal - which is yet to be heard and decided. In the meantime, Zambry filed a stay application, to get an order that will stay the effect of the High Court's decision - and the one-man panel of the Court of Appeal granted that stay order...and this stay order is until the Court of Appeal hears and decides on Zambry's appeal.

The Court of Appeal, when it hears that appeal can either dismiss the appeal (which means the High Court Judgment stands), or it may allow the appeal (which means that the High Court judgment is overturned).

When that single Court of Appeal judge granted the stay application - possibly one of the reasons was to preserve the 'status quo'. But, was not the status quo then, that the Menteri Besar was Mohammad Nizar Jamaluddin for he and his Exco had already taken over the governing of Perak....mmm

Remember, that Zambry did also apply for a stay at the High Court, and the judge rejected his application. If the High Court judge had granted the stay - then preservation of status quo may have meant that Zambry and his Exco continue to govern for the time being.

The status quo after Nizar and Exco have already taken over is to keep them there...

The day had started early for the Pakatan Rakyat government. Nizar, accompanied by his wife Fatimah Taad and eight state cabinet members, arrived at the state secretariat in Ipoh at 7.30am to report for work. They were greeted by a large contingent of riot police. Five Federal Reserve Unit trucks, one water cannon and at least about 50 uniformed policemen were seen milling around the compound. The police had taken up positions at the building since yesterday evening, soon after the Kuala Lumpur High Court ruled that Nizar was the rightful MB. When Nizar’s entourage arrived, they were not allowed immediate entry. A police officer said that only Nizar and his exco members would be admitted into the building. Although vehicles driven by civil servant were allowed easy entry, the gate was opened enough to allow Nizar and his exco members to slip into the compound.. ...Fifteen minutes after he clocked in, Nizar left for Kuala Kangsar to attend an investiture ceremony at the palace by Perak regent Raja Nazrin Shah. ...Meanwhile, Pakatan excos swung into action in the first few hours after resuming control of the state government. Senior exco Ngeh Koo Ham announced that councillors would be sworn in by tomorrow so that the 14 local councils can function properly. "Also 817 village chiefs have been issued letters to carry out their duties. The Land Office has also been instructed to issue freehold (land) titles," he told a press conference at 11.15am at the state secretariat building. Ngeh said the Ipoh central bus project would proceed as planned while parking fees would be reduced to 30 sen with immediate effect. The DAP state chief also announced that the 2009 Sukan Perak had been cancelled, while allocations would be channeled towards sports at the district levels. "We'll redeem the three months wasted during the Perak crisis," he said. - Malaysiakini, 12/5/2009, They held the reins of power for 7 hours

So when the Court of Appeal granted the stay, the status quo was PR Menteri Besar and government in Perak.

Let us consider further this issue...as to what really is the status quo..

After GE2008, it has been the PR Menteri Besar and Exco - until several months ago when Zambry suddenly (and, I say wrongly) became the MB. My arguement is that he could not become the MB until the then existing MB had resigned...Anyway, that is the issue in the courts... - and such the status quo should be what was before all this 'mess' and controversy...

The whole mess and controversy started when 2 PKR and 1 DAP (and 1 UMNO to PKR) 'jumped' becoming pro-BN independents (and 1 back to UMNO)..

The whole controversy...'mess' started when BN was too impatient, not waiting for the Perak State Assembly to sit and a vote of no-confidence be taken with regard to the PR Menteri Besar... A little patience - and the following the proper procedure and we would not be here today ...

Who caused the mess - well many opinions - many reasons ....

But the question is what should be status quo that must be preserved while the courts make a decision of who is the legitimate MB and government - and I say, it should be the status quo when Nizar was MB and the PR ruled.

NOW, what is happening in court is an application of Nizar to strike out the 1-judge Court of Appeal stay order that re-elevated the usurper as Menteri Besar - and this application will be heard on Monday (18/5/2009)

The Court of Appeal has fixed Monday, May 18, to hear Mohammad Nizar Jamaluddin's application to set aside the stay order given by the appellate court yesterday.

This comes after Nizar filed a notice of motion, along with a certificate of urgency and his affidavit in support of the application which was filed at the Court of Appeal registry at 2.20pm today.

Unlike Zambry's application yesterday which was given the special treatment with the Attorney-General Abdul Gani Patail's presence and counsel Cecil Abraham along with Umno lawyers Mohd Hafarizam Harun and Firoz Hussein Ahmad Jamaluddin, managing to have the application heard immediately, the rival menteri besar's application to get an early hearing date was only known close to 5pm

Nizar's application was filed by the law firm of Leong and Tan, from Perak.

Among others, the Pakatan leader is seeking to set aside the Court of Appeal's stay order which Zambry had obtained yesterday following Monday's Kuala Lumpur High Court ruling that Nizar is the rightful menteri besar.

Alternatively, Nizar is seeking the Court of Appeal to impose varied conditions on the stay order which Justice Ramly Ali did not allowed yesterday.

He is also seeking costs and other relief deemed necessary by the Court of Appeal.

Yesterday, Ramly, the solitary Court of Appeal judge to hear Zambry's application allowed an order for a stay of the declaratory orders which Mohammad Nizar has obtained.

Ramly also did not allow counsel Sulaiman Abdullah, for Nizar, to apply to the appellate court to impose conditions on the stay order.

Nizar: KL High Court says I am MB

In Nizar's affidavit in support of the application, he said after four days of hearing, the Kuala Lumpur High Court in its judgment allowed the following declarations namely:

(1) He (Nizar) is the rightful menteri besar of Perak at all material times;

(2) There was no dissolution of the Perak legislative assembly;

(3) There was no motion of no-confidence made against him at the Perak legislative assembly; and

(4) He did not resign the post as menteri besar.

Nizar noted that after the judgment delivered by Justice Abdul Aziz Abd Rahim, the judge did not grant an oral application by Zambry's lawyers and he immediately assume the post as menteri besar.

The Pakatan leader also stated the grounds for his application to set aside the stay order namely there were no merits for the application, as there was no motion of no-confidence tabled against him at the assembly, and that the menteri besar cannot be expelled based on Article 16(6) of the Perak constitution.

He also stated that there is a possibilty that Ramly had wrongly read or may have erred in reading the High Court judgment, as the case before the Court of Appeal was made hurriedly. - Malaysiakini, 13/5/2009, Nizar's stay application fixed for Monday

Remember that our Malaysian Judiciary is today headed by a man who had very close links to UMNO, who was unconventionally appointed directly as Federal Court Judge, and less than a year later he was head of the Judiciary. [Early September 2007 - Lawyer to Federal Court Judge, December 2007 - Appointed the President of the Court of Appeal (No.2 in the Malaysian Judiciary), October 2008 - Appointed Head of the Malaysian Judiciary] - see earlier postsFight Corruption in Courts - Get rid of corrupt Judges and court staff...and Zaki Azmi ,

Judges in Malaysia are too lowly paid, and when they retire, their pension is pathetic - and that may have got a lot of judges thinking about their future after retirement. Maybe, being 'good' may get them some Directorship or Consultancy or Commissionership...But to go against the UMNO or the BN may not be wise. The hope is always that there are still judges brave enough to act indepently without fear or favour in upholding the cause of justice...

That is the reason why I am now rather sceptical about getting justice from the Malaysian courts especially when on the otherside sits UMNO/BN or some politically connected person/company...or some powerful person/entity.

We shall see....we shall see...

Maybe Nizar will be successful ...maybe not - but, again I say that the best and correct solution for Perak is to go back to the people. Have elections in Perak - and move on...

Why the High Court Judge decided that Nizar was the legitimate MB of Perak...

Many may be interested in the High Court Judges Grounds of Judgment - and I found re-typing of handwritten notes of persons who were there, which have also been apparently checked for accuracy by my friend, Edmund Bon.

Sometimes, 'grounds of judgment' can change when we finally get the written Grounds of Judgment of the Judge. Hence, it will be interesting to read what he said in Court that day when he declared the Nizar was and is still the legitimate MB of Perak...

So read on below, what I copied and pasted from the Malaysian Bar website...

These are the handwritten notes of the High Court’s draft Grounds of Judgment in the MB v MB matter delivered orally on 11.5.2009, and recorded by my colleagues, Joanne Leong and Daniel Cheong, which I have vetted and edited. The learned Judge indicated that His Lordship’s full Grounds will be delivered soon. There may be gaps and inaccuracies in the notes due to the speed the Grounds was read, and any mistakes herein are mine. -- Edmund Bon Tai Soon

This is the decision of the Court on the application of the Applicant for Judicial Review. Leave was granted and the Applicant seeks the following reliefs as in enclosure 28.

There is a dispute on constitutional law between the Applicant and the Respondent. The Attorney General (AG) intervened in this case because of public interest and public importance. The Court granted the application and the AG was made an intervener.

It is pertinent that the 3 letters of resignation show that the 3 ADUNs did not resign because there was a loss of confidence in the Pakatan alliance. According to exhibit MNJ-5 in the Applicant’s affidavit, the Applicant did not state any Article for dissolution. It is reasonable that MNJ-5 was the application by the Applicant appealing to His Royal Highness (HRH) to use his prerogative powers under Article 36(2). I say that it is reasonable because the leadership of the Applicant was never challenged as having lost the confidence of the members of the DUN up until 4.2.2009.

The issue of whether the 3 ADUN resigned/did not resign, wrote the letters/did not write those letters should not be decided here. They are being decided in other proceedings.

The State Legal Adviser (SLA) stated that on 4.2.2009, the Applicant had asked for dissolution under Article 16(6) and that the Applicant handed a draft Proclamation of dissolution to HRH (exhibit PSLA-1). The Applicant disputed the SLA’s position, and because the SLA had previously represented the Respondent. The Applicant stated that he did not inform or propose to HRH that he had lost the majority and that he had proposed a dissolution under Article 16(6).

The Applicant deposed that HRH informed him on 5.2.2009 that HRH refused to dissolve the State Assembly. The Applicant was also granted 15 minutes to explain himself. Among others, the Applicant informed HRH that it is constitutional convention for the Sultan to dissolve the Assembly on the advice of the Menteri Besar, and that the Palace would be placed in high esteem if HRH dissolves the Assembly because HRH will be seen to be neutral and above politics.

The SLA was very firm with his position. To resolve the conflict on the actual events on 4.2.2009, parties consented for the Applicant and the SLA to be cross-examined. I am of the view that the SLA has no pecuniary interest but his evidence as to his neutrality has to be taken with “a pinch of salt”.

The SLA, during cross-examination, told the Court that he was instructed to swear his affidavit. The word “instructed” is a strong word and it means that the person is under the command or control of another. It also means that one is not acting on one’s free will. The SLA, as a legally qualified person, could have come up with a better choice of word when he was asked but he chose to tell the Court that he was instructed. Therefore, it shows that he is not partial or neutral. In other words, the SLA might not have applied his independent view.

I am of the view that when the draft Proclamation was presented, the SLA did not make any effort to contact the Applicant to correct the Proclamation. He read the Proclamation and should have realised that the Applicant made no reference to Article 16(6). In the light of Article 36(2), the SLA should have pointed this out to the Applicant. It is considered strange that he did not do so because it is his duty to advise HRH or the State government and this includes advising the Menteri Besar. Therefore, I prefer the Applicant’s version that the Proclamation for dissolution on 4.2.2009 was under Article 36(2).

Counsel for the Respondent, Dato’ Cecil Abraham submitted that the Applicant should limit his argument under the intitulement to the action which is Article 16(6). However, with the new Order 53, it gives a wider scope and the Applicant may raise such issues.

Under Article 16(2) of the Perak Constitution, I never doubted that the appointment of the Menteri Besar is solely based on HRH’s judgment. Also no doubt, HRH has absolute powers to withhold dissolution. However, bearing in mind that once a Menteri Besar is appointed, he does not hold office at the pleasure of the Sultan - Article 16(7)

Reading the 3 clauses together, it seems that once appointed as Menteri Besar, the Menteri Besar is only answerable to the DUN and the Menteri Besar governs the State and advises HRH under Article 18. The Menteri Besar cannot be dismissed by HRH. The AG’s contention is that Article 16(7) must be read subject to Article 16(6). This is to suggest that by not resigning the Menteri Besar is going against the democratic process.

I do not agree with this submission. Except for the Menteri Besar, everyone else holds office at HRH’s pleasure. Clause 7 says that clearly. There is a qualifier that says when the Menteri Besar loses the majority, he shall tender the EXCO’s resignation.

Refer to Amir Kahar - it does not support the AG submission. It is distinguishable on its own facts.

On the question of dismissal, it will be clearer if one looks at the history on how the provisions came about. From the brief history, it is my opinion that the dismissal of Menteri Besar is never contemplated under Article 16(6).

Refer to Stephen Kalong Ningkan.

Next issue is whether there is a deeming provision under Article 16(6). The concept is a “legal fiction” and I do not think that the deeming provision should be read into it. This is because it would do violence to Article 16(6). No matter how mandatory the provision is drafted, it cannot be read as deeming the Menteri Besar position vacant. The language in Article 16(6) is very clear. What happens if the Menteri Besar refuses to resign? There is a lacuna in the provision but we cannot read a deeming provision into it. The lacuna should be filled by amendment by the Legislature.

I would adopt Ningkan and reject the AG’s submission on this point.

Now, the next issue is the loss of confidence in the Applicant. The AG submitted that dissolution can only come in 2 situations. I do not agree with the AG’s submission because the circumstances where a request to dissolve is made are unlimited.

On the undisputed facts, HRH has satisfied himself on who commands the majority but there was no vote of no confidence in the Menteri Besar and the Menteri Besar did not go to HRH to dissolve the State Assembly because he ceased to command the majority. Subsequently, how did the Menteri Besar cease to hold office?

In Adenbegro v Akintola - the term used was “support”. In Ningkan, the Court made a distinction between “support” and “confidence” and I find it correct.

On the issue of the Applicant having lost the confidence, there was never a vote of no confidence and the Applicant did not come to request dissolution due to the loss of the majority. That decision is material. On 4.2.2009, PR and BN had equal seats 28-28. Based on democratic practice, if there is a loss of confidence, it should be taken as a vote of no confidence in the Assembly. The media statement by HRH’s office which states that the positions of the Menteri Besar and EXCO members are deemed vacant should they refuse to resign amounts to a dismissal or sacking, and this is not permissible under Article 16(6).

On the issue of justiciability, there is no issue of HRH withholding dissolution and it cannot be questioned. The Court also cannot question the Sultan on the determination of facts. However, the Applicant is not asking the Court to question HRH’s decision. The Applicant is seeking declaratory reliefs that the Applicant is still the Menteri Besar. Non-justiciability does not apply at all.

The Court has been allowed to grant declaratory reliefs, and no longer do the granting of declaratory reliefs need be made only sparingly.

For the above reasons, the office of the Menteri Besar is not vacant or has not been vacated. The judgment is in favour of the Applicant according to the prayers as in enclosure 28.

Court adjourned at 3.50pm

[The prayers granted were as follows:

a. Perintah deklarasi bahawa Pemohon adalah dan pada setiap masa material dan masih Menteri Besar Negeri Perak Darul Ridzuan.

b. Perintah deklarasi berkenaan tafsiran Fasal XVI(6) Undang-Undang Tubuh Kerajaan Negeri Perak bahawa dalam keadaan di mana:

(i) Menteri Besar Negeri Perak Darul Ridzuan ingin, dan telah memberi nasihat, untuk pembubaran Dewan Perhimpunan Undangan Negeri Perak;

(ii) tidak terdapat pembubaran Dewan Perhimpunan Undangan Negeri Perak;

(iii) tidak terdapat usul tidak percaya yang diambil dan diterimapakai dalam dan oleh Dewan Perhimpunan Undangan Negeri Perak terhadap Menteri Besar Negeri Perak Darul Ridzuan; dan

(iv) tidak terdapat perletakan jawatan Mentri Besar Negeri Perak Darul Ridzuan;

jawatan Menteri Besar Negeri Perak Darul Ridzuan tidak boleh dan/atau tidak dikosongkan.

c. Writ bersifat "quo warranto" dikeluarkan kepada Responden memerintahkan Responden untuk tunjuk sebab dan memberi maklumat bagaimana dan di bawah dasar atau kuasa atau authoriti mana Responden berhak kononnya memegang jawatan Menteri Besar Negeri Perak Darul Ridzuan dan kononnya bertindak dan/atau menjalankan dan/atau melaksanakan tanggungjawab-tanggungjawab, fungsi-fungsi dan tugas-tugas Menteri Besar Negeri Perak Darul Ridzuan.

d. Perintah deklarasi bahawa Responden tidak berhak untuk dan/atau tidak menjawat jawatan Menteri Besar Negeri Perak Darul Ridzuan dan bukannya Menteri Besar Negeri Perak Darul Ridzuan pada bila-bila masa yang material.

e. Perintah injunksi untuk menghalang Responden dan/atau agen-agen Responden dan/atau pengkhidmat-pengkhidmat Responden dari bertindak dan/atau menjalankan dan/atau melaksanakan tanggungjawab-tanggungjawab, fungsi-fungsi dan tugas-tugas Menteri Besar Negeri Perak Darul Ridzuan.

(The ancillary prayers for punitive, aggravated and exemplary damages, and costs were withdrawn by Nizar at the end of our submission as this is a public interest litigation for judicial clarification on the legal position of Article 16(6), and is not intended to be a form of recrimination or punishment against the Respondent.)]
Source: Malaysian Bar Website - Notes of Grounds of Judgment in Nizar v Zambry Case

Najib says it's up to the Sultan - so MB must go see the Sultan...and we can have fresh elections in Perak

The best solution is to call for fresh elections in Perak...

I call for fresh elections in Perak - so the people can decide on who they want to govern the State...

Dewan Negara president Dr Abdul Abdul Hamid Pawanchik has called for fresh elections

SUHAKAM has called for fresh elections

The Human Rights Commission (Suhakam) has joined the ever increasing chorus calling for fresh state elections to resolve the political stalemate in Perak.

MCPX

In a statement today, Suhakam chairperson Abu Talib Othman noted that the situation has deteriorated to a point which required the services of the ballot box.

"It is very unlikely that the Perak issue will be resolved unless power is given back to the people. Court actions will not necessarily resolve the political situation in the state," he said.

The former attorney-general also quoted Dewan Negara president Dr Abdul Abdul Hamid Pawanchik, who said: "The political situation in Perak has reached a stage that required the people to choose again."

Describing it as a basic human right to choose the government of choice, Abu Talib noted that only a stable government would be able to ensure the right to peace and development. - Malaysiakini, 12/5/2009, Suhakam calls for fresh polls in Perak

The Malaysian Bar, the organisation that represents all about 13,000 lawyers in Peninsular Malaysia have called for fresh elections...

The Kuala Lumpur High Court has today declared that Datuk Seri Mohammed Nizar Jamaluddin is still the rightful Menteri Besar of Perak. His Lordship Datuk Abdul Aziz Abd Rahim ruled that the Menteri Besar can only be dismissed by a no-confidence motion in the State Legislative Assembly. In the case of the purported dismissal of Datuk Seri Mohammed Nizar Jamaluddin, there was no such motion of no-confidence passed in the State Legislative Assembly.

No doubt Datuk Seri Dr Zambry Abdul Kadir will now appeal this decision to the Court of Appeal, and further legal arguments will be advanced. Whichever side that loses at the Court of Appeal will then appeal to the Federal Court. The issue will go on and on. Each round of legal battles promises finality but fails to deliver it. Time moves on, and the business of running the State Government continues to be sidelined.

The answer ultimately does not lie in the courts. The Malaysian Bar once again reiterates its position that the time has come for all concerned to acknowledge the writing on the wall. Both sides of the political divide must now realise that power has to be returned to where it rightly belongs – in the hands of the people, the electorate of the State of Perak. Let them cease all further jostling and manoeuvring for political power. Let them exhibit statesmanship. Let them once again seek the mandate of the people. And let the people decide.


Ragunath Kesavan
President
Malaysian Bar

11 May 2009

MCA also wants fresh elections, it seems

As the imbroglio in Perak grows messier with each passing day, Barisan Nasional leaders are also growing weary and some agree with Pakatan Rakyat’s demand for a fresh polls.

MCPX

MCA deputy president Dr Chua Soi Lek noted that there are three ways to end the stalemate - the court, the state assembly and elections.

Personally, the former health minister felt that a fresh polls is the best remedy.

“Let the rakyat decide, and once and for all, we resolve this problem which is not doing anybody any good,” he said in a posting on his blog. - Malaysiakini, 12/5/2009, MCA, Gerakan want fresh polls

And so many others are calling for a fresh elections in Perak - do it now and there will be peace and stability in a month or so, when the people decide for themselves who they want as their representatives...and government in Perak.

But alas, Najib seems not to want elctions in Perak...but wait, he says it is up to the Sultan. If it is so, then the MB of Perak must go see the Sultan and let the Sultan decide on whether to call for a fresh elections or not...

If the Menteri Besar does not see the Sultan - the Sultan, I believe, does not have the ability to dissolve the State Assembly and call for a fresh elections...

Prime Minister Najib Abdul Razak today reiterated Barisan Nasional's stand in facing the Perak crisis by saying that the coalition would follow the proper process of law in taking control of the state.

He also ruled out on calling for a snap state election in the state, stating that such a thing was the prerogative of the sultan.

"Our next course of action will be up to Zambry... but we will respect the due process of the law and let's take it from there," he told reporters after a function in Kuala Lumpur.

“The important thing is to respect the decision of others... we have to respect the rights of the opposition and the opposition has to respect the rights of the government,” he said.

Asked whether the dissolution of the assembly would be better, as the people of the silver state would have the chance to determine their leaders, Najib said: “It is for the judgement of the sultan”. - Malaysiakini, 12/5/2009, But Najib says no snap elections in Perak

Najib, do not just say "It is for the Judgment of the Sultan" - You know very well that the Sultan on his own just cannot suddenly dissolve the State Assembly.

If you mean it, send your Perak MB to go see the Sultan, and ask the Sultan to dissolve the assembly and open the door for fresh elections. Give the Sultan the total freedom to decide what would be best for his people - the people of Perak. [Would be good if Nizar is also brought along - so all will know what really transpired at that meeting with the Sultan. If not Zambry may go there and talk about something else - and come out and say that the Sultan decided this or that, and we will all not know what transpired...]

As I expected - Court of Appeal granted a STAY order - Nizar cannot perform functions as MB until...

Just as we thought, the Court of Appeal has granted stay.....and Nizar has to wait until the Court of Appeal hears the appeal before he can perform his functions as MB again...

Usually it is a 3-man panel that sits at the Court of Appeal - but this time there was only one judge sitting. Not to say that it has never occurred - but this surely was a matter of great importance, and it should have been heard by a 3-person panel at the Court of Appeal.

Of, course the AG supported the BN in their stay application...

Now, we have to wait for the full appeal - which the BN would really not be interested in rushing, and I do not think the Court of Appeal will expedite it... Will the appeal be heard tomorrow...or next week...or months later?

This appeal should be expedited, and heard and disposed off soonest - not later than within 7 days from today. The Court of Appeal should have given directions to that effect today, because if they do not this may be delayed...

The Court of Appeal has granted a stay application to Zambry Abd Kadir against a High Court decision yesterday which proclaimed Mohammad Nizar Jamaluddin as the rightful Perak menteri besar.

The stay would put on hold the decision of the High Court pending an appeal by Zambry. He had filed his appeal this morning and it will be heard at an earliest date possible.

The decision has once again put the political situation in Perak in a limbo with both Barisan Nasional and Pakatan Rakyat fighting one another to become the menteri besar.

Court of Appeal judge Ramly Mohd Ali heard the stay application on his own, departing from the usual three-member panel. Such a departure is acceptable and has been done previously for various grounds.

Zambry's lawyers argued that the stay was important to stop Nizar from trying seek the approval of the Perak sultan to dissolve the state assembly.

His lead counsel Cecil Abraham added that if dissolution was granted, Zambry's appeal would be academic.

Attorney-General Abdul Gani Patail supported the motion. He also argued that the suspension of state secretary and state legal advisor by Nizar late last night was illegal

Nizar's lawyer Sulaiman Abdullah urged the court to fix an early date for appeal.
as these were federal appointments. - Malaysiakini, 12/5/2009, Zambry gets a stay order

Nizar -vs- Zambry :- The Court of Appeal is ALREADY hearing the stay application...

When it comes to certain parties, the Courts in Malaysia can move really so fast...

Just yesterday evening, the High Court pronounced that Nizar is still the legitimate Menteri Besar of Perak.

The High Court also denied BN- Zambry's application for a stay of the effect of the High Court order pending an appeal to the Court of Appeal.

Today, we hear that the appeal has been filed - and the Court of Appeal is now hearing the application for a stay.. The hearing allegedly started at 11.45am..

I would not at all be surprised that the Court of Appeal grants a stay - and thus it would mean that BN's Zambry will be the Perak Menteri Besar...

In fact, when this whole issue started, the courts should have just granted a stay then to preserve status quo - i.e. keeping Nizar as Menteri Besar until all cases/disputes are heard and disposed off.. No stay then...

Now, after the High Court judge had heard all arguments and made an order - will the Court of Appeal grant a stay in favour of BN.

Rightly, I am of the opinion that no stay should be granted by the Court of Appeal. What the Court of Appeal may do is to expedite the hearing of the appeal of BN's Zambry...

But, as I stated earlier, I too believe that the best solution would be just to go back to the people of Perak. Have a new elections, and let the people decide.

Mohd Osman Jailu (Changkat Jering) and Jamaluddin Mohd Radzi (Behrang), now pro-BN independents, together with Hee can always be fielded as BN candidates this time around...

Zambry Abd Kadir has filed an appeal in the Court of Appeal against the High Court’s decision not to recognise him as the legitimate Perak menteri besar.

MCPX

His lawyers have also lodged an application for a stay of yesterday’s decision, pending the appeal.

The application is being heard by an one-man panel of justice Ramly Mohd Ali.

Ramly began hearing the application at 11.45am at the Palace of Justice in Putrajaya. - Malaysiakini, 12/5/2009, Court of Appeal hears Zambry's appeal

Are foreign spouses now being discriminated based on their nationality?

The plight of foreign spouses have been raised many time.

I have stated that rightfully, when the marriage is registered in Malaysia should be given a PR Status, as of right.

There really is no justification for the present practice of now giving until they have had their 1-year visas for 5 years, and this means that only after 6 years will they get their PR status.

Concern should be for children of the marriage and the parents/dependents of the Malaysian spouse, if the Malaysian spouse prematurely dies. At present, with a visa applied for by the Malaysian husband, it will mean that the foreign spouse will have to leave Malaysia and go back to her home country. What happens to the children? What happens to the other obligations and responsibilities of the surviving spouse? It certainly will cause injustice and unacceptable problems...

Now, we hear of the possibility that there may be discrimination practiced by the Immigration authorities and the government of Malaysia depending on nationality of the foreign spouse..

Remember, our constitution guarantees equality ...

Chinese women who have settled down in Malaysia with their Malaysian spouses face a host of problems, chief among them the difficulty in applying for permanent resident status.

According to reports in the Chinese press today, 10 of them voiced what they claimed was unfair treatment by the immigration department, at a press conference called by Federal Territory MCA Public Service and Complaint Bureau chief Dr Jeffrey Goh Sim Ik in Kuala Lumpur on Saturday.

Most of them have their marriage registered in Malaysia and their marriages are also recognised by the Chinese embassy.

But despite having stayed for more than five years in the country, these Chinese spouses are unable to get permanent resident status, hence being denied of the opportunity to work.

They claimed they had problem even getting the application form from the less-than-friendly officers at the department.

"When the immigration officers learnt that we are Chinese nationals they refuse to sell us the application form, telling us that there are no rules that say Chinese nationals can apply for permanent resident status.

"Those who managed to get the form and submitted their applications do not get any reply from the department," some of the Chinese spouses lamented.

They also complained of discrimination by the immigration as they have to pay RM600 annually to get their visas renewed while their counterparts from other countries need only pay RM90.

"Furthermore, we have to renew our visas every year while those from other countries need only do it every two or three years or even five years; It is unfair."

Goh said he will check with the immigration to see if there are unwritten rules against granting PR to Chinese nationals.

He said as far as he knew, Chinese wives of Malaysians who have ed in the country for five years can apply for the "permit masuk" (entry permit) which will allows them to apply for PR status.

"There are no written rules to say Chinese wives cannot apply to become permanent residents".

Meanwhile, Immigration director-general Datuk Wahid Md Don denied the department has been rejecting the PR applications by Chinese wives.

He also said there are no rules to bar any national from applying to become a permanent resident in Malaysia.

Asked by Oriental Daily to comment on the complaints by the Chinese spouses, Wahid said there must have been some misunderstanding. He welcomed complainants to see him. - Sun, 10/5/2009, Immigration woes of Chinese wives

See also earlier posts:-Maybe 100,000 foreign spouses - but only 8,600 given Entry Permits in last 7 years,

Foreign spouses should get PR status on registration of marriage

Court says Nizar is MB - Lock up the offices now, kick out the usurper...????

Well, .....I am very surprised at the court's decision (Maybe, there still are some Judges who are independent and honourable..).

The High Court has:-

1- Declared that Mohammad Nizar Jamaluddin is still the legitimate Menteri Besar of Perak

2- Refused the application of Zambry's lawyers to stay the effect of this order

This means Nizar can walk back into the Menteri Besar's office today...with his Exco and take over the work of the government of Perak. [This means that Zambry and his Exco must. logically, be immediately locked out of their offices to prevent any taking away of files, etc or sabotage...But will this happen? Or will the there be a different treatment for PR, compared with the treatment accorded to BN].

The Kuala Lumpur High Court today paved the way for a fresh battle in Perak by declaring that BN's Zambry Abd Kadir is not the legitimate menteri besar of Perak.

Justice Abdul Aziz Abd Rahim then proclaimed Mohammad Nizar Jamaluddin as the rightful Perak menteri besar.

His decision rubberstamped ousted Pakatan Rakyat MB Nizar's argument that he is the legitimate menteri besar.

Zambry's lawyer Cecil Abraham's application for a stay of proceedings pending an appeal was also rejected by the court.

The judge said if the Sultan of Perak had wanted to order Nizar's resignation, he should have called the assembly to table a motion of no-confidence against PAS leader.

He said that a new menteri besar could not be appointed as the office had not been vacated

The decision is now set to bring about more uncertainty in the state. - Malaysiakini, 11/5/2009, Court rules Nizar is legitimate MB

Well, this decision goes against the BN - so I would not be surprised that there will be an appeal filed to the Court of Appeal, and a stay will be granted by the Court of Appeal speedily to ensure that Nizar and Exco is kept out ....'temporarily' until the Court of Appeal hears and decide on the appeal.

OR - tommorrow(or very soon) there will be an emergency no confidence motion on Nizar (the legitimate MB) tabled in the State Assembly of Perak. Since the Court has declared that Nizar is still the MB - we need a no confidence vote against Nizar - no a confidence vote for Zambry....

But wait - the way in which the PR Speaker was removed was all wrong - in fact, even the changing of the seating position also was wrong. Who is the speaker?

It is all a mess - and it is so difficult following it all...

BEST SOLUTION - Go back to the people, and have a fresh Perak State Elections. Let the people decide..

Najib may be considering another solution - maybe just declare Emergency in Perak, maybe arrest and detain a few possibly under the ISA. Why? For National Security , of course. [Let us not forget Najib's role in the Perak mess....]

UMNO led-BN, I believe is really scared of calling for fresh elections in Perak now - because it fears that it will lose badly - worse than in GE2008.

But maybe, to call for a Perakl Elections now may be best for BN in the long run. The Perak problem, I believe, is not going to go away - it will 'fester'...and 'fester' ...and become worse and worse.

IT is stupid for the BN to take this 'Perak problem' to the next General Elections - better settle it now, and prepare for the fight back at the next General Elections.

Therefore, let us have fresh Elections and let the people decide on who they want to be their government - the BN or the PR. Best it be done soonest...

So, they hope that HINDRAF joins MIC....and the BN...

Why did we have the rise of HINDRAF .... that saw tens of thousands of Malaysian Indians come into the streets of Kuala Lumpur to join in what the BN-government labelled as 'illegal' assembly. See the Al-Jazeera VDO on the Hindraf Demonstration, that took place on 24/11/2007 in KL (25/11/2007) at the bottom of this blog.

The Indians had so many grieviances - which their 'self-proclaimed representative' MIC (Malaysian Indian Congress) failed to fight for and resolve. It was the failure of the MIC, the so-called representative of Indians in the BN, that had failed to address the many concerns and problems faced by Malaysian Indians - especially the poor.

It is really humourous to find MIC now trying to invite the some of the 'leaders' of this HINDRAF, who just were released from ISA detention....

The MIC has invited Hindraf leaders for possible talks and partnership for unity in the Indian community.

MIC secretary-general Datuk Dr S. Subramaniam said the Indian-based political party was also willing to consider views and suggestions by the banned movement on ways to improve the plight of the community. - Star, 10/5/2009, MIC opens doors to Hindraf leaders

The problem was not just the failing of MIC leaders - that seem to be interested in helping only some Indians, and enriching some other. The BN government's practice of letting MIC do the handing out of monies/goodies that were supposed to reach Indians was really odd. Should not all monies/benefits/opportunities always be channeled to the rakyat by the civil service directly - just like how the fuel subsidy was given.

The bigger problem was the Barisan Nasional itself - for it was no more a real partnership of its component political parties - but an UMNO dominated entity. Who is the No. 1 in BN? Who is the No. 2 in BN? Who is the Secretary in BN? If, not wrong, they all come from BN.

Who is the No. 1 in government - the PM, and the DPM - both from UMNO.

There has been calls for a Chinese DPM and a MCA No. 2 in BN - but nothing happens.

BN still remains an UMNO-dominated coalition of parties, and the MIC, the MCA...and all others are no more 'partners', but seem to have become obedient followers..

How many Prime Ministers and Deputy Prime Ministers have we had from parties other than UMNO? The answer is zero....and it will remain zero. The fact is that UMNO is dominated by Malays - ....and that would be Semenanjung Malays. Will any other Bumiputra be the PM or DPM? The answer again is no.

UMNO is BN, and BN is UMNO - and even when BN claimed victory after GE2008, clearly most of their 'partners' in the BN were missing.

Has there been a change in MIC since GE2008 - it seems not. It is the same President - and the same party.

This call for the HINDRAF 5 ex-ISA detainees to join the MIC is yet another desperate attempt to regain the support of the Indian Malaysians..., and I doubt that even if the 5 do join MIC, the people are not that stupid...

Will HINDRAF leaders be enticed sufficiently to join MIC...the BN. It is a movement that enjoys a lot of support...And certainly, not just MIC but also Najib would be interested in getting Uthayakumar to join BN..

BN has done this in the past with ABIM (that Muslim Youth Movement that had generated a substantial influence and following in the late 70s and early 80's). The BN wooed its leaders and finally succeeded in getting ABIM's No.1 to join UMNO. There were a lot of tears...and 'broken-hearts' amongst the members and supporters of ABIM that day when they saw that Anwar had joined the 'evil' UMNO - but later many members also followed suit and joined UMNO. This, is what they hope will happen to HINDRAF as well, but we shall see...we shall see...

There have been different signals coming from the leaders of HINDRAF (or the so-called leaders of HINDRAF). Some have wanted to contest in by-elections. There have been talk of starting a new political party. There have been talk about being apolitical and fighting for the cause...and we shall see what happens over time...

I believe that we should fight for the poor and the oppressed irrespective of ethnicity, religion or cultural heritage...

I look to the day that ethnic and religious based politics are no more...

Thankfully, 'sinner' BN has repented a bit by ....

Alas, the BN government has repented a bit more ....and will now release another 13, who have been wrongly detained without trial under the ISA.

REPENT totally, and release all of the hundreds (maybe thousands), who are still being wrongly detained under laws that allow for Detention Without Trial.

Some may foolishly be wanting to thank the Home Minister and the BN Government for releasing 13 more ISA Detainees - but, one should never thank the wrong-doer who has done wrong in the first place. If anyone has to be thanked, it is God for finally these 'sinners' have repented - and are liberating the victims of their wrongdoing...

To arrest and keep detained a person without trial is a SIN. Every persons should always have the right to know the charges levied against him, should have the right to be able to defend himself/herself, and should certainly have the right to a fair and open trial before a truly independent judge...Detaining persons on the whims and fancies of a Minister and the government, without even according the detainee the right to challenge the 'alleged' reasons for his/her detention is certainly wrong.

The government will release another 13 Internal Security Act detainees, including three of the Hindu Rights Action Force (Hindraf) leaders.

MCPX

"All of them have been freed because they no longer need to be held under ISA. I will sign the papers now, I expect them to be released in two or three days," said Home Minister Hishammuddin Hussein told a press conference.

He did not give the reasons for the release of the 13 but added that they "no longer needed to be held".

Of the 13 to be released, six are Malaysians, two Indonesians and the remaining five are Filipinos.

They are Zulkepli Marzuki, Jeknal Adil, Azmi Pindatun, P Uthayakumar, M Manoharan, T Vasanthakumar, Zainun Rasyhid, Aboud Ghafar Ismail, Sufian Salih, Hasim Talib, Abdul Jamal Azahari Yusof Mohd Salam and Husin Alih.

He said Malaysia was discussing deportation plans of the foreigners with their embassies. - Malaysiakini, 8/5/2009, Govt to free Hindraf trio and 10 others

PERAK: Getting bored with all these political clowing around...

It all started with some ADUNs of Pakatan Rakyat 'hopping' to become independents supporting the BN...

2 PKR ADUNs, 1 DAP ( and the other 1 UMNO who, I believe, jumped to PKR and back to UMNO) - end result Pakatan Rakyat lost the majority - and the PR Menteri Besar ( a good man) had most likely no more the confidence of the majority...

Out comes 3 resignation letters from the 2 PKR ADUNs and the 1 DAP ADUN - Were these pre-signed letters, dated later by the Speaker (or the Pakatan Rakyat or some other)? We have also heard that BN has a similar practice - pre-signed resignation letters? - What do the rakyat (the people) say about pre-signed resignation letters? I am of the opinion that this practice is wrong and should be stopped...

UMNO-BN wrests the majority when 2 PKR and 1 DAP ADUN jump ship? Why did these ADUNs jump ship? Maybe they were offered rewards ....maybe they were threathened? Either way, the blame/fault lies with these 3 ADUNs - and with the Pakatan Rakyat who picked them as their candidates to run for the said State Assembly Seats.

LESSON: Pick persons of credibility and honour. Pick persons who 'cannot be bought' or be threathened into doing things. Pick persons with an history of struggling for justice and human rights... (Pick certainly not some ex-UMNO, ex-BN party leader - .... Pick certainly not some 'opportunistic politician'...). Sadly, sometime the choice is not based on credibility, history of struggle, character - etc - but whether this is a person who will listen to me (the political leader), not even whether this person will listen to the party...

All that followed in PERAK, including in the courts, were just matters that resulted from the not following of the procedures provided for in the Constitution (and the law).
- A new MB was appointed by the Sultan when the old appointed MB was and still is a Menteri Besar
- The Election Commission overuled the Speaker's decision that the 3 former PR ADUNs had resigned and there was now a vacancy - and a by-election was needed. Did the EC have such a power?
- The Speker's suspension of some BN ADUNs (including that 'BN MB') - suspending them from attendance in the State Assembly for a very long time [which resulted that if and when the Assembly sits, there will be still more PR ADUNs who will be able to attend...]
- The calling for an Assembly seating by some other, who did not have the authority to do so.
- The interference of the court (the Federal Court, included) into matters that were clearly beyong the jurisdiction of the courts - which was also clearly stated in the Constitution..
- The Democracy tree - ....

Well, all the above arises by reason that proper procedures as per law, and Constitution, were not followed...

BUT - really, if there was no real resignation of the 3 former ADUNs of PR - it means that the BN now has the majority support...

At the end of the day, PR is to be blamed for picking the wrong persons to become ADUNs

BEST SOLUTION FOR PERAK : - Dissolve the Perak State Assembly, and go for a fresh Elections
[But UMNO-led BN is certainly too scared to do that, as more likely this will result in an even greater victory for the Pakatan Rakyat...]

Why will UMNO-led BN do worse that it did before?
Before GE2008, many would not have believed that it was possible to defeat the UMNO-led BN (who ruled for the past 50+ years) at the Federal level or in the West Coast States - hence, many would have just voted for BN - the sure winning side. But today, if there is to be another Perak Elections, more votes will be obtained by the PR and Opposition - and this may translate into more seats. The past few by-elections in the Peninsular Malaysia also supports this. Prior to GE2008, it was near impossible to win against the UMNO led-BN candidates...

What Pakatan Rakyat must concentrate on today is to show the people (the rakyat) how things would be different and/or better if the PR rules...the time has come to go beyond those nice sounding slogans - and put forward concrete workable ideas and solutions for change...

The passing of new GOOD laws require only a simple majority. Changes to the Constitution require 2/3 majority. [PENANG - the PR has sufficient majority in the State Assembly for even the amendment of the State Constitution to put in guaranteed rights for the people, .... [Without Penanti, PR already has a 70 % majority - i.e. more than 2/3]

The people really want change - they want real choices and options...

Malaysian Bar: Equal rights now for people with disabilities

Press Release: Equal rights now for people with disabilities


The Malaysian Bar is disappointed that persons with disabilities continue to battle discrimination in almost every aspect of their daily lives, including routine matters that we take for granted, such as safe access to buildings and to public transport. Existing laws that are intended to protect the rights of the disabled and to improve their quality of life, such as those mandating access to public buildings, ring hollow as they still lack enforcement.

These shortcomings were illustrated only too well when Karpal Singh reportedly fell from his wheelchair in the Kuantan High Court building while being carried up two flights of stairs to attend a hearing recently. If even lawyers face such problems in accessing courtrooms, it requires no feat of the imagination to believe that persons with disabilities face unacceptable barriers in their daily mobility due to the lack of proper infrastructure to cater to their basic needs.

The Malaysian Government signed the United Nations Convention on the Rights of Persons with Disabilities (“Convention”) on 8 April 2008. However, it has yet to ratify the Convention, which means that the Government is not yet bound to comply with the provisions of the Convention.

Pursuant to signing the Convention, the Government introduced new legislation by way of the Persons With Disabilities Act 2008 (“PWD Act”), which came into force on 7 July 2008. The Act represents a small but significant step forward, but it is not comprehensive nor inclusive enough. It only incorporates selected objectives from the Convention, and its relatively narrow language does not adopt the full spirit and intent of the Convention, which calls for governments to take steps to “ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability”.

In addition, there are some major omissions and gaps in the PWD Act. One glaring example is the lack of penalties for any party who fails to comply with its obligations, with the Federal Government enjoying an express exclusion from any wrongdoing. This exemption casts serious doubt on the Government’s commitment to the rights of persons with disabilities. Furthermore, disabled individuals have little or no recourse to legal remedies if they face discrimination in areas such as public transport, housing, education, employment and health care.

Other laws that address the needs of persons with disabilities also exist. One example is the Uniform Building By-Laws 1984, which stipulate that all public buildings must have adequate facilities to ensure that persons with disabilities can enter, move around within and exit such buildings. These by-laws have been gazetted in all 11 states in Peninsular Malaysia, but full compliance is needed.

Without doubt, there is a cost element involved in redesigning public areas and buildings, and generally with undertaking obligations under international treaties. The Convention therefore calls for the “progressive realization” of most of its provisions.

We urge the Government to spare no cost in dismantling, without delay, all obstacles that hinder the full and effective participation of disabled persons in society on an equal basis with others. Furthermore, any costs incurred will be more than offset by the greater contributions that persons with disabilities can then make to society.

The Malaysian Bar strongly urges the Government to immediately ratify the Convention, sign and ratify the Optional Protocol, and take measures to implement its obligations under these instruments. We also call on the authorities to take a pro-active stance in improving and enforcing the existing laws that pertain to the rights of disabled persons, with the goal of ensuring full inclusion and equality of opportunity for them. These are crucial steps in promoting respect for their inherent dignity and in moving from a charity-based approach to a rights-based approach.



Ragunath Kesavan
President
Malaysian Bar
5 May 2009

What Difference PR and BN? Democracy, Religious Places of Worship, etc...

What is the difference between the Pakatan Rakyat and the BN?

That is the question that is going through the heads of many Malaysians...and we need answers...

CHANGE - that is what the people wants. The change that we want is more that the change of persons holding positions.

What are the changes that the Pakatan Rakyat have brought about? I have this question to many, and most are at lost. Some say that it is so much more easier today dealing with the Local Authorities...and the State authorities... but hello, is it because of any new policy or real changes - or is it because they are 'new' ...and/or are people you know. It is common to find that the 'new' broom is always effective - compared to the 50+ year old BN broom..

CHANGES that we need are changes in law, changes in practices, changes in policies that is definite - that has been made law. Yes - made into law.

GREATER DEMOCRACY - that is one thing that we want.

In States that are controlled by the Pakatan Rakyat,

- Every kampung, new Village and Taman shall have an ELECTED Chairperson & a committee of between 6 - 12, who shall be elected for a 2 year term. There shall be a Deputy Chairperson, Secretary and Treasurer. These committees shall have a meeting at least once a month. Minutes of committee meetings shall be available to all members of the community.

- Every State Assembly Constituency area shall have a State Assembly Constitutional Area Committee(SACAC), who shall comprise of all Chairpersons (plus one other) from the various Kampung, Kampung Baru and Tamans in the area. From amongst their members, they shall choose a Coordinating Committee (SACAC-CC) made up of a Chairperson, Deputy Chairperson, Secretary, Assistant Secretary and 5 to 7 committee members. The ADUN for the area shall automatically have the right of attendance and participation at the meetings of the Committee, but no voting rights. State Assembly Constitutional Area Committee(SACAC) shall meet at least once every month, and its minutes shall be made available to all members of community within the area.

- Every State Assembly Constitutional Area Coordinating Committee members, within a Parliamentary Constituency shall be members the Parliamentary Area Committee(PAC), which shall be coordinated by a Parliamentary Constituency Coordinating Team (PAC-CT) made up of an elected Chairperson, Deputy Chairperson, Secretary, Assistant Secretary and 5 to 7 committee members.

- Parliamentary Area Committee shall also have representatives from minority groups, and these representatives are appointed.

- The MP and the ADUNs of the area shall automatically have the right of attendance and participation at the meetings of the Parliamentary Area Committee, but no voting rights.

- The Local Council President and at least 5 of its members shall attend all meetings of the Parliamentary Area Committee, but shall not have voting rights.

- The Parliamentary Area Committee (and the State Assembly Constitutional Area Committee) can exclude the presence of the ADUN, the MP and the Local Councillors for certain part of its meetings, or for some of its meetings (but not more than 50% of its meeting). The reason for this is that these committees may want to discuss privately matters amongst its members first. Some MPs, ADUNs and Local Councillors may be too dominant and interfering in their manner.

- The terms of Parliamentary Area Committee and the State Assembly Constitutional Area Committee is two(2) years.

- The Local Council shall be responsible for the provision of meetings rooms, and providing assist