What rights for Domestic Workers in Malaysia? Should we also not listen to domestic workers themselves?

Domestic Workers - a big debate is going on, as to whether domestic workers are to be given a rest day off per week or not, and also other rights.

We have heard the viewpoints of governments (both from the sending and receiving countries), employers, agents, civil society groups - but alas, we have not heard from the Domestic Workers in Malaysia. And, the reason for this is that they do not have a union (or even an association), that would have been able to voice out their opinions on the matters being discussed.

The Malaysian Government is going to amend the law - and provide for more rights for domestic workers...but what are these rights? We have to wait and see...

REST DAY - one day off per week (i.e. continuous 24 hours or 30 hours?)

PAID PUBLIC HOLIDAYS - All workers in Malaysia is entitled to 10 paid Public Holidays in Malaysia[ In Hong Kong, it is 12 days per year]

PAID ANNUAL LEAVE -

PAID SICK LEAVE -

NORMAL WORKING HOURS - there must be a stipulation as to the n0rmal number of hours that a domestic worker is made to work in a day, and the maximum number of hours of overtime a domestic worker is required to work in a day. [Eg, 8 hours a day, Morn:6.30am - 8.30am(2hrs), 11.30am - 1-30pm(2 hrs), 2.30 - 6.30pm(4hrs) - If it is over 8 hours, domestic workers must be entitled to overtime rates...Hourly Rate of Pay Must be stipulated clearly, Overtime Rates. Rest Times must be stipulated..]

ACCOMODATION - Minimum standards of accommodation and privacy just be stipulated. [Acess to cooking facilities, including space in refrigerators. Ability to be able to go and purchase raw materials, food, etc]. Entitlement for a private drawer/locker with key for the keeping of private items. {Maybe, even the possibility of the domestic worker staying elsewhere, i.e. renting a room in the area, and coming to work from there should also be considered}

FULFILMENT OF RELIGIOUS OBLIGATIONS - i.e. the right to go to temples, churches, etc - and participate in religious worship..

ACCESS TO MEANS OF COMMUNICATION - i.e. the ability to use phones, write/receive letters, etc... [Employer may have the obligation to pay for certain number of minutes of phone communication per month for the worker to be able to call family back in home country]

HEALTHCARE - Employers' obligation to provide reasonable healthcare - and to pay for all medical/healthcare charges. Employers to pay also for sanitary pads, pain killers, etc..The right to exercise...jogging.

PASSPORT - Passport to be kept by the Domestic Worker. Worker can ask Employer to keep it for safekeeping, but shall be entitled to immediately get it back on demand.

REIMBURSEMENTS - "...Under the employment contract, you are responsible for expenses incurred by your helper in preparation of documents for taking up employment with you. Normally your helper would have paid such expenses and you should reimburse him/her as soon as possible when he/she produces the receipts. You are advised to ask him/her to acknowledge your reimbursement in writing and keep the receipts for proof of payment...." - taken from Practical Guide For Employment of foreign domestic helpers – What foreign domestic helpers and their employers should know prepared by Hong Kong Labour Department

EMPLOYMENT AGREEMENTS - Copy must be provided to the Worker. There must also be available a translation in the language of the worker. (A copy of the Hong Kong Agreement, and the Schedule of Accomodation & Domestic Duties is also attached below..)

TERMINATION AND BENEFITS -

COMPLAINTS TO LABOUR DEPARTMENT - If the Domestic Worker makes a complaint to the Labour Department, then in all likelihood employer is going to kick her/him out. In Hong Kong, the State provides 'hostels', where they stay, until their cases are disposed off, and this is done soonest - if not mistaken they try to dispose of it within 3 months.

When the Act is amenended, consideration also must be given to the the 'part-time' domestic worker (as opposed to the live-in full-time domestic worker). These may be locals - Malaysians, or even foreign workers. Some employers worry about their 'live-in' domestic workers, and maybe will be looking for the 'part-time' domestic worker - who comes in at certain times, but stays and lives on her own. Considering also the economic crisis, many persons may be inclined to consider part-time help to do some of the domestic work, rather than employing stay-ins, and it is best that Malaysian Government also provide for rights and obligations of these kind of workers as well.

A copy of the Hong Kong Agreement is as follows:-

Appendix I
D.H. Contract No. ___________

Employment Contract
(For A Domestic Helper recruited from abroad)

This contract is made between _________________________________________________________ ("the Employer", holder of Hong Kong Identity Card/Passport No.* __________________________) and___________________________________ ("the Helper") on ____________________________ and has the following
terms:

1. The Helper's place of origin for the purpose of this contract is _______________

2. (A)�� The Helper shall be employed by the Employer as a domestic helper for a period of two years commencing on the date on which the Helper arrives in Hong Kong.

(B)�� The Helper shall be employed by the Employer as a domestic helper for a period of two years commencing on _____________________________, which is the date following the expiry of D.H. Contract No. _________________for employment with the same employer.

(C)�� The Helper shall be employed by the Employer as a domestic helper for a period of two years commencing on the date on which the Director of Immigration grants the Helper permission to remain in Hong Kong to begin employment under thiscontract.

3. The Helper shall work and reside in the Employer's residence at _______________________________

4. (a) The Helper shall only perform domestic duties as per the attached Schedule of Accommodation and Domestic Dutiesfor the Employer.

(b) The Helper shall not take up, and shall not be required by the Employer to take up, any other employment with any other person.

(c) The Employer and the Helper hereby acknowledge that Clause 4 (a) and (b) will form part of the conditions of stay to be imposed on the Helper by the Immigration Department upon the Helper's admission to work in Hong Kong under this contract.

A breach of one or both of the said conditions of stay will render the Helper and/or any aider and abettor liable to criminal prosecution.

5. (a) The Employer shall pay the Helper wages of HK$ __________ per month. The amount of wages shall not be less than the minimum allowable wage announced by the Government of the Hong Kong Special Administrative Region and prevailing at the date of this contract. An employer who fails to pay the wages due under this employment contract shall be liable to criminal prosecution.

(b) The Employer shall provide the Helper with suitable and furnished accommodation as per the attached Schedule of Accommodation and Domestic Duties and food free of charge. If no food is provided, a food allowance of HK$__________ a month shall be paid to the Helper.

(c) The Employer shall provide a receipt for payment of wages and food allowance and the Helper shall acknowledge receipt of the amount under his/her* signature.

6. The Helper shall be entitled to all rest days, statutory holidays, and paid annual leave as specified in the Employment Ordinance, Chapter 57.

7. (a) The Employer shall provide the Helper with free passage from his/her* place of origin to Hong Kong and on termination or expiry of this contract, free return passage to his/her* place of origin.

(b) A daily food and travelling allowance of HK$100 per day shall be paid to the Helper from the date of his/her* departure from his/her* place of origin until the date of his/her* arrival at Hong Kong if the travelling is by the most direct route. The same payment shall be made when the Helper returns to his/her* place of origin upon expiry or termination of this contract.

8. The Employer shall be responsible for the following fees and expenses (if any) for the departure of the Helper from his/her place of origin and entry into Hong Kong:-

(i) medical examination fees;

(ii) authentication fees by the relevant Consulate;

(iii) visa fee;

(iv) insurance fee;

(v) administration fee or fee such as the Philippines Overseas Employment Administration fee, or other fees of similar nature imposed by the relevant government authorities;

and
(vi)others: _____________________________________________________

In the event that the Helper has paid the above costs or fees, the Employer shall fully reimburse the Helper forthwith the amount so paid by the Helper upon demand and production of the corresponding receipts or documentary evidence of payment.

9. (a) In the event that the Helper is ill or suffers personal injury during the period of employment specified in Clause 2, except for the period during which the Helper leaves Hong Kong of his/her* own volition and for his/her* own personal purposes,the Employer shall provide free medical treatment to the Helper. Free medical treatment includes medical consultation, maintenance in hospital and emergency dental treatment. The Helper shall accept medical treatment provided by any registered medical practitioner.

(b) If the Helper suffers injury by accident or occupational disease arising out of and in the course of employment, the Employer shall make payment of compensation in accordance with the Employees' Compensation Ordinance, Chapter 282.

(c) In the event of a medical practitioner certifying that the Helper is unfit for further service, the Employer may subject to the statutory provisions of the relevant Ordinances terminate the employment and shall immediately take steps to repatriate the Helper to his/her* place of origin in accordance with Clause 7.

10. Either party may terminate this contract by giving one month's notice in writing or one month's wages in lieu of notice.

11. Notwithstanding Clause 10, either party may in writing terminate this contract without notice or payment in lieu in the circumstances permitted by the Employment Ordinance, Chapter 57.

* Delete where inappropriate.
�� Use either Clause 2A, 2B or 2C whichever is appropriate.

12. In the event of termination of this contract, both the Employer and the Helper shall give the Director of Immigration notice in writing within seven days of the date of termination. A copy of the other party's written acknowledgement of the termina tion shall also be forwarded to the Director of Immigration.

13. Should both parties agree to enter into new contract upon expiry of the existing contract, the Helper shall, before any such further period commences and at the expense of the Employer, return to his/her* place of origin for a paid/unpaid* vacation of not less than seven days, unless prior approval for extension of stay in Hong Kong is given by the Director of Immigration.

14. In the event of the death of the Helper, the Employer shall pay the cost of transporting the Helper's remains and personal property from Hong Kong to his/her* place of origin.

15. Save for the following variations, any variation or addition to the terms of this contract (including the annexed Schedule of Accommodation and Domestic Duties) during its duration shall be void unless made with the prior consent of the Commissioner for Labour in Hong Kong:

(a) a variation of the period of employment stated in Clause 2 through an extension of the said period of not more than one month by mutual agreement and with prior approval obtained from the Director of Immigration;
(b) a variation of the Employer's residential address stated in Clause 3 upon notification in writing being given to the Director of Immigration, provided that the Helper shall continue to work and reside in the Employer’s new residential address;
(c) a variation in the Schedule of Accommodation and Domestic Duties made in such manner as prescribed under item 6 of the Schedule of Accommodation and Domestic Duties; and
(d) a variation of item 4 of the Schedule of Accommodation and Domestic Duties in respect of driving of a motor vehicle, whether or not the vehicle belongs to the Employer, by the helper by mutual agreement in the form of an Addendum to the Schedule and with permission in writing given by the Director of Immigration for the Helper to perform the driving duties.

16. The above terms do not preclude the Helper from other entitlements under the Employment Ordinance, Chapter 57, the Employ ees' Compensation Ordinance, Chapter 282 and any other relevant Ordinances.

17. The Parties hereby declare that the Helper has been medically examined as to his/her fitness for employment as a domestic helper and his/her medical certificate has been produced for inspection by the Employer.

Signed by the Employer
(Signature of Employer)
in the presence of
(Name of Witness) (Signature of Witness)

Signed by the Helper
(Signature of Helper)
in the presence of
(Name of Witness) (Signature of Witness)
* Delete where inappropriate.

And

Schedule of Accommodation and Domestic Duties

1. Both the Employer and the Helper should sign to acknowledge that they have read and agreed to the contents of this Schedule, and to confirm their consent for the Immigration Department and other relevant government authorities to collect and use the information contained in this Schedule in accordance with the provisions of the Personal Data (Privacy) Ordinance.

2. Employer's residence and number of persons to be served

A. Approximate size of flat/house square feet/square metres*

B. State below the number of persons in the household to be served on a regular basis:

____ adult ____ minors (aged between 5 to 18) ____ minors (aged below 5) ___ expecting babies.

____ persons in the household requiring constant care or attention (excluding infants).
(Note: Number of Helpers currently employed by the Employer to serve the household ________)

3. Accommodation and facilities to be provided to the Helper

A. Accommodation to the Helper

While the average flat size in Hong Kong is relatively small and the availability of separate servant room is not common, the Employer should provide the Helper suitable accommodation and with reasonable privacy. Examples of unsuitable accommodation are: The Helper having to sleep on made-do beds in the corridor with little privacy and sharing a room with an adult/teenager of the opposite sex.

�� Yes. Estimated size of the servant room ___________ square feet/square metres*

�� No. Sleeping arrangement for the Helper:

�� Share a room with __________ child/children aged _____________

�� Separate partitioned area of __________ square feet/square metres*

�� Others. Please describe ___________________________________

B. Facilities to be provided to the Helper:
(Note: Application for entry visa will normally not be approved if the essential facilities from item (a) to (f) are not provided free.)

(a) Light and water supply �� Yes �� No
(b) Toilet and bathing facilities �� Yes �� No
(c) Bed �� Yes �� No
(d) Blankets or quilt �� Yes �� No
(e) Pillows �� Yes �� No
(f) Wardrobe �� Yes �� No
(g) Refrigerator �� Yes �� No
(h) Desk �� Yes �� No
(i) Other facilities (Please specify)

4. The Helper should only perform domestic duties at the Employer's residence. Domestic duties to be performed by the Helper under this contract exclude driving of a motor vehicle of any description for whatever purposes, whether or not the vehicle belongs to the Employer.

5. Domestic duties include the duties listed below.

Major portion of domestic duties:-

1. Household chores

2. Cooking

3. Looking after aged persons in the household (constant care or attention is required/not required*)

4. Baby-sitting

5. Child-minding

6. Others(please specify) __________________________

6. The Employer shall inform the Helper and the Director of Immigration of any substantial changes in item 2, 3 and 5 by serving a copy of the Revised Schedule of Accommodation and Domestic Duties (ID 407G) signed by both the Employer and the Helper to the Director of Immigration for record.

Employer’s name and signature
Date

Helper’s name and signature
Date

* delete where inappropriate.
�� tick as appropriate.

Cyanide - Better to not use it in Raub to mine gold than to risk human life, wildlife and environment

Cyanide being used in gold mining in Raub - is it safe?

UMNO-led BN government says that it is safe....the local community says, it is not & I do not think that it is...

Natural Resources and Environment Minister Datuk Douglas Unggah Embas has refuted claims that gold mining activities would lead to environmental damage and health risks.

Villagers in Kampung Sungai Lui and Bukit Koman, Raub are up in arms over goal mining in the area as they are living about five metres away from the mine.

The minister said an environmental impact assessment (EIA) was approved after studies showed that the "carbon in leach" technology used would not affect the environment and safety of the villagers.

"This technology had been referred to foreign bodies such as the US Environmental Protection Agency and the Department of Mineral and Energy, Western Australia, which found it to be viable and safe.

"Complaints by the villagers were considered way before the EIA approval was given. Mitigating measures as to the use of cyanide had also been put into place," he said

Unggah said the use and delivery of cyanide for the activities came under the purview of the international cyanide management code for manufacturers and use of cyanide in the production of gold.

"The Barisan Nasional government will always remain sensitive to whatever industries or activities taking place in this country, including gold mining.

"That is why we have enacted various laws and guidelines to govern and monitor the industries, including gold mining activities."

A news portal had reported that about 3,000 villagers wanted the mining company to stop its operations.

Led by members of the Action Committee Against the Use of Cyanide, they wanted the company to provide the EIA report and to stop the project. - New Straits Times, 28/6/2009, Cyanide use in gold mining 'poses no environs threat'

Well, let us educate ourselves about this...

Frequently Asked Questions (Source: SERC[State Environment Resource Centre] Website)

Cyanide is one of the world’s deadliest poisons. Just one teaspoon of a 2% cyanide solution can be lethal to a healthy human and even smaller doses can kill wildlife. Despite its toxicity, this same poison has been widely used by the hard rock mining industry to assist in the extraction of precious and non-precious metals from rock. As a result of transportation accidents and leaks, billions of gallons of this toxic substance has been spilled into the environment since 1970. Even discounting the dozens of accidents that have occurred at mine sites, the processes used by the mining industry result in cyanide and related compounds being contained in discarded mine wastes, which can pollute our groundwater.

Photo courtesy of the U.S. Fish and Wildlife Service, Photographer: Gary Mowad Although very small traces of cyanide are lethal to humans and to wildlife, the mining industry typically uses hundreds of tons of cyanide each year. Most spills have involved tens of thousands of tons of this toxic chemical. In some cases, spills have killed all of the wildlife in an affected area; in others, soils and groundwater have been affected for years following a spill. In many cases of cyanide accidents, the mining companies have gone bankrupt, leaving taxpayers with the burden of costly cleanup.

Considering the risks to water, wildlife, and human health, controversy over the use of cyanide in mining has escalated in recent years, resulting in proposed legislation and public support for banning its use. Spills have occurred across the country and the world for a variety of reasons from storage to transport, indicating that there is simply no way to safely make use of cyanide in mining. Research has presented the mining industry with non-toxic, cost-effective alternatives to cyanide that need to be fully explored. This website offers the tools necessary for you to ban the use of cyanide in metallic mining in your state. These tools include a sample bill, talking points, press clips, a fact pack, links, and other background information.

Q. What is cyanide?

A. Cyanide refers to a group of compounds made of carbon and nitrogen. Cyanide solutions readily bond with gold, silver and other metals, which is why the mining industry uses it. Cyanide is usually stored and transported as a solid. It is stable when dry. Most cyanide solids will dissolve in water to produce toxic cyanide gas. Cyanide gas is colorless and smells like bitter almonds. Cyanide is produced naturally in minute, harmless quantities in several plants, such as in apple seeds, apricot pits, soil bacteria and species of invertebrate organisms.

Q. How does cyanide affect living organisms?

A. Cyanide is highly toxic. Cyanide is the killing agent used in gas chambers. Cyanide poisoning can occur through inhalation, ingestion, and skin or eye contact. One teaspoon of a 2% solution can kill a person. In general, fish and other aquatic life are killed by cyanide concentrations in the microgram per liter (part per billion) range, whereas bird and mammal deaths result from cyanide concentrations in the milligram per liter (part per million) range. A cyanide spill in Romania on January 30th, 2000, killed thousands of tons of fish and made a significant portion of the Tisza River watershed undrinkable and hostile to aquatic life. Evidence shows that cyanide compounds linger in affected plant and fish tissues and can persist in the environment for long periods of time.

Q. How is cyanide used in mining?

A. Cyanide-leaching allows mining companies to reopen and expand mines containing what were previously unprofitable mineral reserves. There are two types of cyanide-leaching processes used by the modern mining industry. Vat-leaching, where extracted ore is combined with cyanide in vats, and heap-leaching, which involves:

* Digging enormous pits (often larger than some cities) and piling the extracted ore into heaps that would cover many football fields several hundred feet high;
* Spraying a cyanide solution over the heaps so that the cyanide trickles down through the ore, bonding with microscopic flecks of gold or silver, whereupon a heap pad (a rubber blanket), underlying the heap, channels the solution into a holding pond; and,
* Stripping the solution of the precious minerals, recovering the used cyanide, then respraying the cyanide solution over the heap.

In the extraction of copper, nickel, cobalt and molybdenum, cyanide is used during the milling and concentration processes.

Q. What are the dangers of using cyanide?

A. Cyanide reacts with many other elements and is known to breakdown into several hundred different cyanide-related compounds. Despite the risks posed by these breakdown compounds, mines are not required to monitor or report these chemicals.

Cyanide-leaching, as practiced by the modern mining industry, is inherently dangerous to the environment and the communities surrounding a mine that uses the process. As cyanide use continues, so do serious accidents and spills. Four recent examples are:

* Zortman-Landusky Mine, Montana, 1982: Fifty-two thousand gallons of cyanide solution poison the drainage that supplies fresh drinking water for the town of Zortman. A mine employee discovered the accident when he noticed the smell of cyanide in his tap water at home.

* Summitville Mine, Colorado, 1992: Summitville gold mine was responsible for contaminating 17 miles of the Alamosa River with cyanide and other contaminants.

* Kumtor Gold Mine, Kyrgyzstan, central Asia, 1998: A truck carrying 2 tons of sodium cyanide crashed into the Barskoon River. Two thousand six hundred poison cases and 4 deaths were reported in the aftermath.

* Aural Gold Plant, Romania, Eastern Europe, 2000: A cyanide-laden tailings spill sent a toxic slug of cyanide and metals rolling down the Tisza River and into the Danube, killing aquatic wildlife and poisoning water supplies as far as 250 miles downriver.

Q. Does society require we use cyanide to supply gold?

A. Probably not. Potential cyanide-mining substitutes aside, we may not need to use cyanide in gold mining simply because there are already enormous supplies of gold, already mined and refined, above ground in reserve banks (like the Federal Reserve in the U.S.). Reserve banks and international financial institutions store more than 34,000 tons of gold as currency reserves, an amount equivalent to nearly one-quarter of all gold ever mined. A dollar used to be redeemable for a dollar’s worth of gold. That is no longer the case now; gold reserves are an anachronism of a past era. Meanwhile, 34,000 tons of gold could satisfy current global demand for 8 years. (85% of the gold demand is for jewelry, only 12% for industry.) Moreover, by holding these gold reserves, central banks are costing taxpayers money. The U.S., the world’s largest holder of gold reserves, has lost $215 billion since 1980 due to plummeting gold prices, and we stand to lose more if other governments sell their gold reserves first, which is already happening. Reserve banks in the Netherlands, Switzerland, the UK, and Australia have already sold or decided to sell significant portions of their gold reserves.

Q. Is cyanide safe, and is it necessary?

A. Despite mining industry assertions to the contrary, the record clearly demonstrates that cyanide leach mining is not being practiced safely. It is potentially very dangerous to the environment, wildlife, and humans. The hardrock mining industry has a history of cyanide spills, with billions of gallons of cyanide contamination released into the environment, ever since cyanide-leaching began in the 1970s. Furthermore, cyanide-mining may not be necessary. Enormous stockpiles of unused gold already exist above ground in reserve banks around the world.

Q. Are there alternatives to cyanide?

A. The U.S. Environmental Protection Agency lists several alternatives to cyanide, including starch and sulfur dioxide. In 1999, 16 of 18 leading U.S. zinc mines and 11 of 15 leading U.S. copper mines did not use cyanide.

For gold and silver extraction, the Haber Gold Process (HGP) has been proposed as a possible alternative. HGP has undergone preliminary and follow-up testing by mining engineering groups, which have concluded that HGP results in more gold recovery over a shorter period of time than the cyanide-leaching processes, with a cost comparable to, or less than, cyanide-leaching. In addition, HGP passed the California Department of Health Services Acute Aquatic Toxicity Bioassay test, which tests the toxicity of a substance on wildlife. These claims are made by the Haber Inc. web site and, although independent testing of HGP has been done, there are no public documents that can verify these claims.

In addition, the cyanide-free biocatalyzed leaching process from YES Technologies uses a bisufide-leaching agent which is 200 times less toxic than cyanide. Preliminary test results indicate chemical reagent costs associated with this process could be 80% lower than cyanide.

Changing meanings of words/phrases - a new strategy of governments? NGO, Meritocracy, Levy, ...

NGOs - well, at one time this referred to the groups that were fighting for human rights and justice - Groups that were for freedom of the press, opposed to the ISA and Detention Without Trial Laws, etc..

Suddenly, smart Malaysian government started using also the term 'NGOs' - and suddenly, we see many pro-government NGOs - and anti-human rights NGOs..

In the press, NGO here...NGO there - and alas the public is confused about what is this NGO is...

Today, the word 'NGO' is no more linked to groups that fight for justice and human rights - it is just 'non-government organisations' - and these can be pro-government or not, can be pro-freedom or not,...

So, what do we call these NGOs that fight for justice, human rights.....???

MERITOCRACY - This was the word used by many fighting against the 'positive discrimination' ...'preferential treatment' in favour of persons/companies of just certain particular ethnic groups in Malaysia...

Now, just heard Najib starting to use this word - and giving it a different understanding. He talks about the good Malay, the not-so good Malay...and says that in the future when it comes to the allocation of contracts, etc....'MERITOCRACY' will be a consideration in the allocation of projects/tenders to Malay/Bumiputra company...is this that 1Malaysia concept he talked about?

Either way, the new strategy is the giving of new meanings to words that have been used by the progressives, the reformists, etc...and hence, weakening the impact of words and slogans...

What other words/phrases have been taken by the government and been given new meanings? Words, like knives have been taken and their sharpness have been dulled...

Sometime, the same word is taken and used giving it a different meaning...

One example is that word 'LEVY'...
For us, it was the 'penalty' that employers have had to pay if they wanted to hire foreign workers and not local Malaysian workers...
- but wait, now levy can also mean that Human Resource Development Fund levy - that employers have to pay for all workers..
(Using the same word confuses people - and I believe that this is the intention of the government...)

Make Malaysia Torture-Free - Ratify Convention on Torture, Set Up the IPCMC (MADPET- 26/6/2009)

MEDIA STATEMENT – 26/6/2009

Make Malaysia Torture-Free

- Ratify Convention on Torture, Set Up the IPCMC -

MADPET (Malaysians Against Death Penalty and Torture), on the occasion of the International Day against Torture, that falls on 26 June 2009, noting that Malaysia still has a deploring record of reported incidences of torture and deaths in custody, reiterates the call for Malaysian to immediately ratify the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, to immediately establish the Independent Police Complaints and Misconduct Commission (IPCMC) and implement all the recommendations of the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police, and do all other things necessary to make Malaysia torture-free.

Torture, as defined by The United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, is ‘…any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity…’

Whilst acknowledging that there are many forms of torture perpetrated by different parties, we focus our attention in this statement to torture and deaths in police custody. The denial of healthcare and medication, as seen in the case of Lourdes Mary, the diabetic that collapsed in court with swollen leg by reason after not being given her insulin whilst detained in the police lock-up (Malaysiakini-24/10/2008,Star- 24/10/2008), is also torture.

With regard to deaths in police custody, it is indeed shocking that that over the years, the numbers have been increasing, and not decreasing.

Relying merely on data provided by the government, it has been disclosed that there have been 150 deaths from 1990 until 2004 (10.7 per year), 108 deaths between 2000 and 2006 (18 per year), and, 85 deaths between 2003 and 2007 (21.25 per year).

In Malaysia "...from 1990 till September last year [2004], a total of 1,583 deaths among prisoners were recorded in 28 prisons nationwide, with the highest number in 2003 when 279 inmates died. During the same period, 150 detainees died in police lock-ups or custody…" - Malaysiakini, 7/2/2005

‘…Prime Minister Abdullah Ahmad Badawi today revealed that 108 deaths occurred during police custody between 2000 and 2006…’ – Malaysiakini, 23/4/2007

‘…There were 85 deaths recorded in police lock-ups during the 2003-2007…’ -Bernama, 8/7/2008.

The Malaysian police’s tendency to lie, which is exemplified in the case when the Inspector General of Police physically assaulted handcuffed and blindfolded Anwar Ibrahim, hat resulted in that infamous black eye, must end. Initial reaction of the police was denial, and the then Prime Minister even went so far as to suggest the possibility that the ‘black-eye’ was self-inflicted. Much later, it was proven that it was the head of police himself that tortured the detainee.

In the case of 22 year old Kugan Ananthan, who died on 20/1/2008 at the USJ Taipan police station, The police requested a post-mortem, and it concluded that Kugan died from fluid accumulation in his lungs. Dissatisfied with the results, Kugan's family requested a second post-mortem, which was done by the University Malaya Medical Centre's (UMMC) pathologist, Dr Prashant N Samberkar, who gave the provisional cause of death (pending toxicology) as acute renal failure due to rhbdomyolysis due to blunt trauma to skeletal muscles. But, before the specimens could be sent for toxicology tests, they were confiscated by the police from the pathologist. Photos taken from the second post-mortem report showed that Kugan suffered from massive internal bleeding due to repeated beatings. There were also burnt marks on the body of the victim (Malaysiakini, 4/3/2009, 8/4/2009).

Pathologists/doctors and public servants must act in the interest of justice and truth, and stop coming out with reports that is meant to ‘protect’ the police, that is reports that gives the impression that death was caused by reasons other than police actions and/or omissions.

In another reported case , 53 year old, A. Gnanapragasam, a wireman who was arrested on June 10, and died a few days later in police custody. The widow, M. Manimatalai, 40, said she suspected foul play as when she last met him on Friday, he had a bruise on his right eye. “I saw that he had a black eye. I was also informed that when he was brought before a Petaling Jaya magistrate for a remand order, he had apparently told the magistrate that he was being beaten and mistreated by the police while in custody,” said the saleswoman and mother of six. (Star, 15/6/2009). This case also highlights our concern about the indifference of some magistrates and courts to complaints of police brutality.

In terms of torture, there have been too many incidences of torture in Malaysia, and some examples are as follows:-

* the case of a 27-year-old man and 18-year-old teenager being allegedly scalded with hot water at the Brickfields police district headquarters in December 2008 (Malaysiakini, 15/1/2009),

* A current Member of Parliament, a lawyer and a lay person accidentally “… saw a detainee being tortured by policemen at the Banting police headquarters last Friday. They claimed that the man, in his 20s, was gagged with white tape and his hands bound behind his back… the abuse had taken place during interrogation in a CID room…” (Malay Mail, 9/11/2005)

* When 2 female detainees were allegedly raped by police officers at the Ampang police Lock-up (Malay Mail, Tuesday, March 12, 2002, Star, Tuesday, March 14, 2002)

* Complaints from a trailer driver who was allegedly forced to drink his own urine and had crushed chilli padi rubbed on his private part while under detention at the Jasin police lock-up (Star, Friday, February, 1, 2002)

Getting suspects to confess was perceived as the main reason behind torture in police custody, but Malaysia has amended the Criminal Procedure Code that does not allow the prosecution to use anymore statements made by accused during the course of a police investigation. Despite, the fact that this law has been in force since 7/9/2007, we note sadly that there are still allegations of police torturing persons in their custody.

The police have apparently also installed close-circuit television (CCTV) systems in police stations, but alas without recording capabilities, it is not of much use. MADPET calls for CCTV with audio/video recording capabilities to be installed at all police stations and other places to help end torture by the police. In Hong Kong, as a matter of right, copies of video recordings of the accused in police custody is given to the lawyer to prove that there was no torture and that all was done in accordance with the law. Malaysia should emulate this.

MADPET reiterates its call for a torture-free Malaysia.

Charles Hector
for Malaysians Against Death Penalty and Torture (MADPET)

26th June 2009

Jaya Supermarlet Demolition tragedy :- Pictures reveal 'mistakes' that resulted in 7 dead workers

Something, that I received by e-mail, which looks authentic, and raises questions about the recent Jaya Supermarlet Demolition tragedy that saw the death of 7 workers. (See earlier posts:- Jaya Supermarket Collapse: 7 Workers dead - Is there a 'cover-up'?

*********

To All my engineer friends,,,

Ini boleh kah...or is it Msia semua boleh??

well finally the truth is out, thanks to these pictures.
look carefully at the sequence of pictures from top to bottom;
what's wrong with this scene?
they were demolishing the building from the top with heavy cranes.
Dunno who the consultant but it doesnt make sense to pile on the top right!

The Jaya Shopping Mall disaster

2 excavators clearing the rooftop

And then, KABOOOM!

Whipping must be abolished - it is inhumane, it is torture,...34,923 poor migrants whipped (2002-2008)

Whipping should be abolished... (see earlier post, with graphic images of what is the meaning of whipping in Malaysia -JUDICIAL CORPORAL PUNISHMENT - MALAYSIA)

I am sure that this kind of whipping is against all religions ...including Islam....it is inhumane...it is torture.

Whipping the poor who have come over just to find jobs (or for safety from persecution) is really evil and should be stopped...

I hope that political parties will come out and call for the abolition of whipping --- What about it? PKR..DAP...PAS...GERAKAN...PSM...PRM...MIC.. (I believe that at present, even the Pakatan Rakyat is for whipping ...and that is a shame..)

According to Prisons Department records, 47,914 foreigners were found to have violated the Immigration Act from 2002 to 2008.

Of these, 34,923 were whipped. The remaining 12,991 escaped whipping because two thirds of them were women while the remaining third were men over 50.

About 60 per cent of those whipped were Indonesians, followed by Filipinos (14 per cent), Myanmarese (14 per cent), Bangladeshis (4 per cent), Thais (3 per cent) and others (5 per cent).

The above was revealed in Parliament in response to a question by Bukit Bendera MP Liew Chin Tong.

The government says it whips these foreigners as a deterrent to others. - Anil Netto's Blog

The Malaysian Bar, organisation of over 12,000 lawyers, is for the abolition of whipping...

MALAYSIAN BAR RESOLUTION FOR THE ABOLITION OF CORPORAL PUNISHMENT OF WHIPPING (passed unanimously at the 61st AGM of the Malaysian Bar on 17/3/2007)

Whereas:-

1. In recent times, authorities are clamping down with greater brutality on migrants who are deemed “illegal” under the Immigration Act. The increasing demonisation of foreigners in the media as criminals and trouble makers failed to acknowledge that very often these persons are in fact undocumented persons, asylum seekers, migrant workers and refugees who have endured unspeakable horrors escaping conflict stricken territories, and /or suffered at the hands of ruthless agents, traffickers and authorities.

2. Upon arrest, they end up spending long and indeterminate periods in remand, in overcrowded detention centres and under deplorable conditions. Common and recurring accounts given by these immigration detainees indicate that they are subjected to physical and emotional trauma , given stale food, live under conditions of poor sanitation and hygiene, and are not provided with adequate or prompt medical treatment.

3. Upon being brought to Court they often do not know what charges are brought against them. They are not informed of their right to legal representation, and in any event, are not provided with a reasonable opportunity to seek help. The lack of interpretation in appropriate languages renders the whole legal process a complete travesty of justice and human rights.

4. Invariably these migrants are induced and / or threatened with prolonged and indefinite detention to elicit guilty pleas, the full implications of which are neither properly explained nor fully understood by them.

5. Most alarming of all these violations is that the punishment of whipping is meted out without mercy and restraint.

6. Whipping is clearly intended to be a humiliating experience as it will produce huge red welts and permanent scars. It is also said to have caused impotence. The cane marks are permanent and these will be a source of humiliation to the prisoner for the rest of their lives. New Zealander, Aaron Cohen who received six strokes in 1982 for drug-trafficking recalled his ordeal :-

“I got six. Its just incredible pain. More like a burning - like someone sticking an iron on your bum. That’s the sort of feeling. Pain - just ultimate pain. The strokes come at a rate of one a minute - but it seemed like a lifetime to me. I waited and waited for the first one and as soon as I let my breath out - “baam”. Afterwards my bum looked like a side of beef. There was three lines of raw skin with blood oozing out.”

7. Where is the sense in imposing this brutal punishment on offenders of a victimless irregularity like a lack of appropriate documentation? Are Malaysians subjected to atrocities like this when they are found to be in breach of immigration laws abroad?

8. International organisations such as Amnesty International and the UN Human Rights Committee have condemned whipping and other forms of corporal punishment as cruel, inhumane or degrading punishment and contrary to human rights law. The UN Committee against Torture has called for the abolition of corporal punishment and the UN Special Rapporteur on Torture has stated that “corporal punishment” is inconsistent with the prohibition of torture and other cruel, inhuman and degrading treatment or punishment.

9. It is therefore unsurprising that the World Refugee Survey in 2005 placed Malaysia as one of the worst offenders of refugee rights documenting cruel and inhumane treatment in our prisons and detention camps.

10. Whipping has also been imposed in a discriminatory manner because the Criminal Procedure Code permits the use of “light rattan” for the whipping of those convicted of “white collar” crimes notwithstanding the embezzlement of millions of ringgit.

It is hereby resolved:-
1. That we the Malaysian Bar, declare that the corporal punishment of whipping is cruel, inhumane and degrading.

2. That we the Malaysian Bar call for the abolition of the whipping sentence as prescribed by any legislation and particularly as against offenders of the immigration act.

3. That the Malaysian Bar leads public opinion rejecting and denouncing the sentence of whipping as it is anachronistic and inconsistent with a compassionate society in a developed nation.

4. That whipping has failed as a retributory and deterrent sentence and that it is time for Malaysia to subscribe to Article 5 of the Universal Declaration of Human Rights i.e. “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment” and reject it altogether as a form of sentencing in our country.

And does caning deter these poor migrants from coming back to Malaysia - the answer is no. Desperate poor and oppressed sometimes have no choice...

Caning doesn’t deter illegals

KOTA KINABALU: As many as 4,326 illegal immigrants jailed, caned and deported have been found back in Sabah.

Sabah Immigration Department director Datuk Baharon Talib said some of them had been deported up to seven times but they keep coming back.

He said these immigrants who were rearrested between 2004 and June this year were found working at plantations, mills, workshops and restaurants.

Baharon, who was responding to calls for locals found guilty of employing illegal immigrants to be caned, said that there had been no caning imposed on employers.

However, he said several companies were charged or fined by the courts for not paying the levies.

Calls for more stringent action against those who employ illegal immigrants have been growing in the state. - Tuesday July 22, 2008 (Star Online)

Selangor State Government University - and still all members of the Board are from 1 ethnicity...and Chancellor is the PM's wife....mmmm

Universiti Indusrtri Selangor (UNISEL) - this is a Selangor State Government University...

March 2008 - Pakatan Rakyat Government came in, and since then they did appoint new members of the Board. See my earlier post, 'UNISEL Board of Directors - Is Pakatan Rakyat Any Different from BN?'

Is Pakatan Rakyat multi-racial? Somehow, it still does not reflect in what I see is that all the members of the Board is from one single ethnicity?

I would not be surprised that the ethnicity of the Directors in PKNS, and the other State owned companies is still the same as when it was under the UMNo-led BN (all save one coming from the same ethnic group)?

We are not talking about 'ethnic quotas' - but at least there must be some difference under the Pakatan Rakyat...or maybe not?

I just looked at UNISEL's website - and guess who is the Chancellor?

Board Of Directors

Sunday, 18 January 2009 15:12

Y.A.B. TAN SRI DATO’ ABDUL KHALID BIN IBRAHIM Chairman DATUK DR. ROSTI SARUWONO CEO Y.B. DATO’ RAMLI BIN MAHMUD Y.B. DATO’ MOHD ARIF BIN AB RAHMAN Y.B. DATIN PADUKA ZAUYAH BE BT. T. LOTH KHAN Y.B. PUAN DR. HALIMAH BT. ALI YBHG. TUAN HAJI TAKRIL BIN TASUKI YBHG. DATO’ HAJI ABD KARIM BIN MUNISAR YBHG. DATO’ PROF. IR. DR. SAHOL HAMID BIN ABU BAKAR YBHG. DATO’ DR. ADNAN BIN ALIAS YBHG. DATO’ DR. IR. MUHAMAD ZOHADIE BIN BARDAIE YBHG. DATO’ DR. MOHAMED ARIFFIN BIN ATON YBHG. CIK FAEKAH BT. HAJI HUSIN EN. MAZLI BIN MOKHTAR Company Secretary

Chancellor
Y.A.Bhg. Datin Paduka Seri Rosmah Binti Mansor

Pro-Chancellor Y.A.D. Tan Seri Dato' Seri (Dr.) Haji Abu Hassan Bin Haji Omar	Pro-Chancellor Y.A.D. Raja Datuk Seri Arshad Bin Raja Tun Uda

126 groups:- Death of 2 Burmese Indicative of State of Detention Places in Malaysia - Denial of Healthcare Is a Violation of Right to Life

Now, you too can add your signature to this statement , go to http://www.PetitionOnline.com/juru0509/petition.html

Joint Statement - 23/5/2009

(Updated-31/5/2009) – 126 Organisations/Groups)

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 126 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 Indonesian Migrant Workers - Indonesia

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

Federation of Trade Unions - Burma (FTUB)

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-Bangladesh

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

Living Water Cenrter ( Thailand )

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)

Migrants Rights International

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 (PRWSWO)

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

Obama's un-manned drones kills at least 45 people attending a funeral service in Pakistan...

Again, the USA has killed people indiscriminately - this time people who were attending a funeral in Pakistan - 45 or more dead, killed by a US-drone attack... [And Americans wonder why there are so many who hate US and want to kill Americans...sometime the reasons have nothing really to do with political ideological differences - but is something more basic like anger and revenge...How would you feel if your innocent father...mother...child, etc is killed in an incident?]

'Dozens dead' in US drone strike

Pakistan officially objects to the strikes by pilotless US aircraft

At least 45 people have died in a missile strike by a US drone aircraft in a Taliban stronghold area of Pakistan, officials there have said.

The people killed in South Waziristan had been attending a funeral for others killed in a US drone strike earlier.

Intelligence officials said at least 45 people had been killed and dozens more injured in the later strike, when two missiles were fired.

But a local official told BBC News the death toll was more than 50.

The region is a stronghold of Pakistani Taliban leader Baitullah Mehsud.

Also on Tuesday, tribal leader Qari Zainuddin, who often criticised Mehsud, was shot dead by a gunman in north-western Pakistan.

Earlier this month, Zainuddin criticised Mehsud after an attack on a mosque, which killed 33 people.

The Pakistani army is preparing to launch an offensive against Taliban fighters under Mehsud's command, who are blamed for a number of deadly attacks.

But Zainuddin's killing is being seen as a setback for the government in its efforts to isolate Mehsud ahead of the security forces' next phase of their anti-Taliban offensive in the tribal areas bordering Afghanistan, says the BBC's Mike Wooldridge in Islamabad.

Even if the person killed were a 'mass-murderer' , we ask what has happened to 'Rule of Law'? Right to Defend oneself? Right to a fair trial?...presumption of innocence until proven guilty...

And, this indiscriminate killing of many including the innocent by the US using these drones is not the 1st of its kind, This may be the 6th such attack since Obama became President....

And since August 2008, there have been about 30 such attacks killing more than 320 human beings..

At least 22 people in Pakistan, including suspected al-Qaeda fighters, have been killed in a missile attack thought to have been carried out by an unmanned US drone.

Security officials said the raid targeted a Taliban camp in northwest Pakistan on Thursday.

Two missiles fired by a drone hit the alleged camp in the tribal area of Kurram, one of seven semi-autonomous regions near Pakistan's border with Afghanistan.

A senior security official, speaking anonymously, said "the training centre was run by local Taliban commander Fazal Saeed and training was under way at the time of the strike".

The Taliban has sealed off the area and was retrieving bodies from the rubble of the building, officials said.

Kurram is a known hub for fighters loyal to Baitullah Mehsud, Pakistan's most wanted man, and Sirajuddin Haqqani, de facto commander of Taliban-aligned groups on the border.

Security officials had earlier said that at least seven fighters had been killed in the attack, including "foreigners" - using a term adopted to mean al-Qaeda operatives.

Repeated strikes

More than 30 such missile attacks have been carried out since August 2008, one month before Asif Ali Zardari was sworn into office as president of Pakistan, killing more than 320 people.

The US military does not confirm drone attacks, but it and the Central Intelligence Agency operating in Afghanistan are the only forces to deploy drones in the region.

It was the fifth missile attack blamed on unmanned US aircraft since Barack Obama, the US president, came to power, dashing the Pakistani public's hopes that the new administration would abandon the policy.

Obama says fighters in Pakistan and Afghanistan, where US troops are battling the Taliban, pose a grave threat.

Islamabad has repeatedly protested to Washington that drones violate its territorial sovereignty and deepen resentment among the 160 million people of the nuclear-armed Islamic nation. - Al-Jazeera, 14/3/2009, Deaths in Pakistan drone strike

The innocent persons dead will just be called 'collateral damage' - and that is it.

Obama's hypocrisy must be exposed. He was so 'sad' about that young Iranian women who allegedly died by reason of a gun-shot wound..[I have my doubts here because US have used false images/stories before to support its cause] - but I have yet to see him express any apologies and condolences for US's killings of innocent. Let's see what Obama's reaction would be to this killing...

Obama 'outraged'

In his latest remarks on the unrest, Barack Obama, the US president, condemned as "unjust" the Iranian government's treatment of protesters.

Obama said the international community was "appalled and outraged" by what he said were the "threats, beatings, and imprisonments" of demonstrators.

"I have made it clear that the United States respects the sovereignty of the Islamic Republic of Iran, and is not interfering in Iran's affairs,'' he said during a news conference at the White House on Tuesday.

"But we must also bear witness to the courage and dignity of the Iranian people, and to a remarkable opening within Iranian society. And we deplore violence against innocent civilians anywhere that it takes place.''

Protesters have demanded the Iranian government re-run June 12 election that saw an overwhelming victory for Mahmoud Ahmadinejad, the incumbent president.

At least 19 people have been killed in post-election clashes across Iran between protesters and riot police and paramilitaries. - Al-Jazeerah, 24/6/2009, Iran's Mousavi calls new protest

Pakatan Rakyat says NO to Unity Government with UMNO/BN - a Joint Press statement was issued

Well, at last the Pakatan Rakyat leaders met and we do not have to worry anymore about this 'UNITY Government' with the UMNO-led Barisan Nasional...

Their joint statement is as follows:-

Press Release
Pakatan Rakyat Council of Leaders
22 June 2009

The Pakatan Rakyat Council of Leaders today Monday, 22 June2009 held a meeting at the office of the Opposition leader and agreed on the following:

1. All the component parties of Pakatan Rakyat reiterate their commitment to each other and to strengthen the coalition in order to help form the future Federal Government

2. The Pakatan Rakyat Council of Leaders reaffirms our rejection of the idea of forming a Unity Government with UMNO/Barisan Nasional which is clearly a malicious and desperate attempt to compromise the integrity of the increasingly popular Pakatan Rakyat

3. Pakatan Rakyat agrees to adopt an open approach and is willing to hold discussions with the leaders of Barisan Nasional on issues of national interest such as economic recovery, improving the quality of education, restoring the integrity of the judiciary, abrogation of the Internal Security Act (ISA), the RM12.5 billion PKFZ scandal, abuse of power by the police leadership during times of increasing crime, eradication of corruption, establishment of good governance and to hold immediately a free and fair election to resolve the Perak crisis.

This statement, was signed by the 3 big-guns of DAP, PAS and PKR. For PKR, it was the 'Supreme Leader' Anwar Ibrahim who signed the statement - not the President of the Party. (Sounds a bit like Iran, does it not...?)

The PKR, DAP and PAS leaders reiterated their commitment to the opposition coalition with the aim of forming the federal government someday.

The joint statement was signed by Opposition Leader and PKR supremo Anwar Ibrahim, DAP's Lim Kit Siang and PAS president Abdul Hadi - Malaysiakini, 22/6/2009, Unity gov't: A united 'no' from Pakatan

Pakatan Rakyat rejected the proposed unity government with Umno at a meeting of alliance leaders in Parliament Monday.- Star, 22/6/2009, Pakatan Rakyat rejects unity talks

Now, the Pakatan Rakyat should sit down and come out with clear common positions of Pakatan Rakyat on the many issues that is confronting Malaysia today...

HEALTHCARE - Free healthcare for all. Government shall also re-imburse cost of travel of the poorer persons immediately when they arrive in the clinics/hospitals - this to prevent the sick from being deprived healthcare by reason of monetary reasons. We shall be introducing a medical response programme - whereby doctors will go to the sick directly when there is an emergency. Doctors shall visit the sick - especially the elderly in their homes (or the government will make arrangements for them to be brought to hospital). There will be clinics set up at all Detention Centres, and Prisons - and everyday, all lock-ups around the country will be visited by a doctor (or at the very least a medical assistant). - This is the things that Pakatan Rakyat shall be implementing... (It is things like this that Malaysians want to hear from Pakatan Rakyat..)

Currently, they still behave like the Opposition in 2004 and before (and that is no more - for today they rule 4 [could have been 5] States and they may become the Federal Government come next elections if the Malaysian people is convinced that things will be different and better than it is today under the UMNO-led BN..

So, please sit down together and brainstorm and tell us Malaysians what will change. Do not tell us slogans like there will be 'independent judiciary' , etc - tell us the details..please.

SLOGANS were OK for GE2008 - but the people want more...they want real details..

More Democracy - Local Council Elections, Elections of kampung/kampung baru/tamans/orang asli villagers of the heads and main committee, Elections of Penghulus, Elections of Senators by the people...I can go on and on ...maybe later...

Free Healthcare for all persons - and government should also reimburse cost of travel as well...

There must be free access to healthcare in Malaysia - and any person sick should be able to go to government hospitals and get treatment for free...

Money should not be a reason why the sick does not go to the government clinic or hospital - because he/she cannot afford to pay.

Not having proper identification papers/travel papers/documentation should not be a reason why a person does not go to the government clinic or hospital when he/she is sick...

WHY? Because every person that is sick is entitled to heathcare unimpeded.

If the sick does not have access to healthcare in Malaysia - then, there is a risk that the disease may spread to others - and, as such in the interest of health for all in Malaysia, it is time for free healthcare in Malaysia.

Like the UK, maybe also there should be funds made available especially for the poorer persons to cover their transportation costs to get healthcare...(In fact, this is now being extended to cover all EU countries...)

Today, travel cost to the government clinics and hospitals is also quite high - and sometimes, this is what prevents many a poor person from going to see the doctor - and maybe, the government should consider a scheme to reimburse persons going to government healthcare facilities.

The UK’s House of Lords EU Committee has published a report on the European Commission's proposal for a Directive on Cross Border healthcare entitled “Healthcare across EU borders: a safe framework”.

The commission's directive aims to clarify EU citizens’ rights to seek medical treatment in member states other than their own, and have the costs reimbursed by their own national healthcare systems. These rights have been confirmed in numerous European Court of Justice Rulings but the proposed directive represents the first efforts by the EU to codify these rights in a single document.

The directive not only covers in- and out-patient treatment, but also extends to dentistry.

The report welcomes the European Commission for a Directive on patients' rights to cross-border healthcare, but calls for improvements and warns that it must be carefully monitored upon implementation, suggesting a three-year review.

The Committee agree with the Commission that, as the right of EU citizens to travel to another Member State to receive healthcare has been confirmed by the European Court of Justice over the last ten years, it is essential to put in place a legal framework to replace the current ad hoc arrangements.

The Committee consider whether patients seeking healthcare in other Member States should pay the costs themselves in advance of treatment and then claim reimbursement later. They raise concerns that this would prevent those without adequate financial means from taking advantage of their right to cross-border healthcare. The report recommends that a patient’s own healthcare provider should pay the fees directly to the provider in the other member state, and suggests that this could be linked with the process of securing authorisation prior to travel, which the committee considers necessary to enable patients to make informed decisions about their treatment.

The report also calls on member states to ensure that patients are aware of their rights under the directive and are informed about the quality of care that they can expect, and any potential language barriers. Member states should finance information for its own citizens about healthcare abroad and should draw up a description of its own health system to guide other member states. It accepts that in practice it will fall to medical practitioners, such as GPs and dentists, to actually provide the information to patients.

The directive distinguishes between “hospital care” and “non-hospital care”. It defines hospital care as any treatment requiring an overnight stay. Non-hospital care is everything else. In the light of ECJ case law, the Directive provides that reimbursement for non-hospital care shall not be subject to prior authorisation, provided that if this care were carried out in the home member state, it would have been paid for by its social security system.

However, the directive permits member states to implement a system of prior authorisation for reimbursement of the cost of hospital care provided in another member state. The directive proposes that patients pay for their cross-border treatment upfront and seek reimbursement at a later date. This would fit in with how several EU health systems already work for domestic care, where the hospital provider and social insurance are separate organisations. In the UK, the care and insurance are both provided by the NHS, so the patient gets free treatment. The House of Lords wants to replace the pay and reclaim system with one where the hospital is paid direct.

Most EU countries favour a pay and reclaim basis. The Commission itself is prepared to consider direct payments, but only after treatment has been completed. This issue illustrates that most UK organisations that gave evidence have little understanding on how health systems work outside the UK.

The EU plan has an implementation target date of 2011. - UNITED KINGDOM: Lords EU Committee publishes healthcare report, International Medical Travel Journal

This, I am sure, will improve the health of persons in Malaysia. It will prevent unnecessary deaths - unnecessary transmissions of disease to more persons, etc..

Maybe the States have to claim their rights - maybe time for State Police, that will come under the State Government directly..

What is happening to Malaysia under its new Prime Minister Najib?

Freedom of expression, freedom of assembly and freedom of association is being disrespected...

Even the legal DAP dinners hosted by the duly elected DAP MP for the area are being 'interfered' with..

Water cannons...PA Systems confiscated....speakers for the night not allowed to talk...

Police permits withdrawn at the eleventh hour...by the police...

Shocking...embarrassing...

Selangor Pakatan Rakyat government sponsored events also have had to have police approvals..

Who is in charge of the state - the democratically elected Pakatan Rakyat government or the police?

Maybe, time for Selangor to have its own state police - who will be under the State Government...

The interference of the Federal Government into matters within the State must stop...

Police today again intervened during a dinner-cum-ceramah by DAP, this time in Klang, by withdrawing a police permit for the event at the last minute.

MCPX

After some intense negotiations with the police, the dinner was allowed to proceed at about 8.15pm, but the long list of speakers for the night were unable to proceed with their ceramah as the PA system was confiscated by the police.

Earlier, the police had issued a permit for the event but specified that no ceramah was allowed.

"Up to this year, this has never happened before. It is a given that our supporters can hear us speak while they eat," said a DAP party worker.

Since early this afternoon, seven water cannons were parked within the Taman Bayu Tinggi vicinity where the dinner was scheduled to take place.

The dinner was organised by Klang MP Charles Santiago, who said in his blog that the police had already cordoned off the area for the dinner at 4.45pm. - Malaysiakini, 21/6/2009, Cops disrupt DAP dinner again

If this is happening to DAP, which is part of the State government, in an area with a DAP Mp - I wonder whether other opposition parties like PSM and Parti Rakyat Malaysia(PRM) will even have a chance to host 'ceramahs' and fund raising events....

What about Radio Stations...Television Stations - when will the opposition parties or the non-BN State Governments have the ability to get permits and run their own stations...

Is Malaysia really a democracy? Or has it now become a 'dictatorship'? or a Police State?

Malaysians prefer to consider domestic workers as ...servants, maids - but NOT worker..

If you ask the employer (or potential future employers) whether their workers should be given one rest day per week, they will most likely say "NO" - and give all kinds of reasons. If you ask employers, if their workers should be given paid public holidays...or paid annual leave...or paid maternity leave, they will, most likely say 'No'.

Hence, the Star's survey, an SMS poll at that, gave us the result that 75% are against the granting of a day off per week to domestic workers - and I bet you that most of them were employers/potential employers/family of employers of domestic workers. Also wonder, what was the question asked in that poll? And, in what language?

More than 75% of respondents in an SMS poll conducted by The Star are against the idea of granting maids a day off every week.

Yesterday’s poll, which asked if maids should be given one rest day a week, drew a total of 769 respondents over 11 hours.

About 76.1% or 585 respondents said “no,” while 23.9% or 184 respondents said “yes.”...

....The proposal has drawn mixed response, with civil society groups lauding it and others – mainly employers of maids – against it. - Star, 19/6/2009, Many against day off for maids

Interestingly, many of the employers of these domestic workers are workers themselves - and, they have 2 different standards when it comes to worker rights - one standard for themselves as workers, and a different sub-standard standard for their own workers - the domestic worker.

What 'Domestic Worker'? They are domestic maids...domestic servants... - this is how many would like to see..."They are not workers...they are servants...maids..."

And that is why we need to be liberated from this narrowness - and, the first step is to call a worker what he is a worker - a domestic worker.

As a worker, we need to make sure that this worker too have all those 'worker rights' that we have been fighting for and succeeded in getting.

With regard to 'domestic work' is work - this has been part of women's struggle for a very long time - that fight to define 'household work'..., and in fact the campaign for that housework should be paid salary/wages started in 1974...

Today, in Malaysia, many families can no longer survive on the earnings of a sole bread winner and hence both spouses have to work - and hence, the need for someone else to do the housework..

Sometimes, it is not just a question of 'must', but one of 'choice', whereby both spouses want to be gainfully employed and/or be involved in some business/profession - hence, again the need for someone else to do the housework..

The solution today seem to be to employ a 'domestic worker' ....and, this worker must be treated with dignity as a worker..,and also accorded rights properly due to any worker..

The Wages for Housework Movement originated in Italy, where its first public demonstration took place in March, 1974.

Addressing the crowd assembled in the city of Mestre, one of the speakers proclaimed: ‘Half the world’s population is unpaid – this is the biggest class contradiction of all! And this is our struggle for wages for housework. It is the strategic demand; at this moment it is the most revolutionary demand for the whole working class. If we win, the class wins, if we lose, the class loses.'[14]

According to this movement’s strategy, wages contain the key to the emancipation of housewives, and the demand itself is represented as the central focus of the campaign for women’s liberation in general. Moreover, the housewife’s struggle for wages is projected as the pivotal issue of the entire working-class movement.

The theoretical origins of the Wages for Housework Movement can be found in an essay by Mariarosa Dalla Costa entitled “Women and the Subversion of the Community."[15] In this paper, Dalla Costa argues for a redefinition of housework based on her thesis that the private character of household services is actually an illusion. The housewife, she insists, only appears to be ministering to the private needs of her husband and children, for the real beneficiaries of her services are her husband’s present employer and the future employers of her children.

‘(The woman) has been isolated in the home, forced to carry out work that is considered unskilled, the work of giving birth to, raising, disciplining, and servicing the worker for production.

Her role in the cycle of production remained invisible because only the product of her labour, the labourer, was visible.'[16]

The demand that housewives be paid is based on the assumption that they produce a commodity as important and as valuable as the commodities their husbands produce on the job.

Adopting Dalla Costa’s logic, the Wages for Housework Movement defines housewives as creators of the labour-power sold by their family members as commodities on the capitalist market. Dalla Costa was not the first theorist to propose such an analysis of women’s oppression.

Both Mary Inman’s In Women’s Defence (1940)[17] and Margaret Benston’s “The Political Economy of Women’s Liberation” (1969)[18] define housework in such a way as to establish women as a special class of workers exploited by capitalism called “housewives.”

That women’s procreative, child-rearing and housekeeping roles make it possible for their family members to work – to exchange their labour-power for wages – can hardly be denied. But does it automatically follow that women in general, regardless of their class and race, can be fundamentally defined by their domestic functions? Does it automatically follow that the housewife is actually a secret worker inside the capitalist production process? -Women, Race and Class, The Approaching Obsolescence of Housework: A Working-Class Perspective - Angela Davis 1981

Malaysia's Birthday Gift to Aung San Suu Kyi - 'We arrest 16 Burmese...' Shame on you...Malaysia!

How embarrassing...

Malaysian police must really be educated about Burma - and how the peoples of Burma have been denied the right to be governed by their democratically elected leaders by an evil military regime, that has ruled since 1962.

Of course, persons forced to leave by reason of an oppressive military regime is not able to go an get 'passports' and visas - If they do, many fear being arrested, detained, tortured....

Hence, it is an 'internationally' shameful fact that Malaysian police chose to arrest 15 Burmese at a celebration of Daw Aung San Suu Kyi’s 64th birthday celebration in Petaling Jaya, Selangor, Malaysia.

Police last night arrested 14 Myanmar nationals for taking part in an illegal gathering to celebrate the 64th birthday of Myanmar activist Aung San Suu Kyi.

Petaling Jaya OCPD ACP Arjunaidi Mohamed said some 30 Myanmar nationals had begun gathering near the Taman Jaya lake at about 8pm.

Police at the scene ordered the crowd to disperse. They also arrested 14 Myanmar nationals who did not possess any valid travel documents.

“All of those who were arrested have been brought to the Petaling Jaya police headquarters and will be handed over to the Immigration Department,” he said, adding the remaining crowd dispersed at 8.30pm - Star, 20/6/2009, 14 Myanmar nationals detained in illegal gathering

The Malaysiakini report :-

...A team of 50 police officers broke up a gathering in Petaling Jaya to celebrate Burma’s Nobel laureate Aung San Suu Kyi’s 64th birthday at about 9pm and detained 16 people.

Those arrested are believed to be refugees from Burma who were at the birthday celebration to express their concern for their country’s democracy icon.

The Burmese military regime has kept Suu Kyi in detention for 13 of the past 19 years, and she is now on trial at Rangoon's notorious Insein Prison over a bizarre incident in which an American man swam to her lakeside home.

According to human rights group Suaram, the 16 were arrested even before the event kicked off.

“All those arrested now are detained in the Petaling Jaya district police station and denied access to lawyers. They might be moved to immigration,” said Suaram coordinator Temme Lee.

The 16 were taken to the Petaling Jaya police station where a crowd had gathered outside to press for their release.

The aborted celebration - which was to be held in an open area near Amcorp Mall in Taman Jaya - was jointly organised by Pakatan Rakyat Selangor and Petaling Jaya City Council (MBPJ)...- Malaysiakini, 19/6/2009, 16 refugees arrested at Suu Kyi's 'birthday bash'

The 24 (earlier 21, when 1st issued) Organisation/Groups' Happy Birthday Aung San Suu Kyi statement:-

Joint Statement- 19/6/2009

HAPPY BIRTHDAY DAW AUNG SAN SUU KYI

RELEASE IMMEDIATELY AND UNCONDITIONALLY ALL POLITICAL PRISONERS IN BURMA

On the occasion of Daw Aung San Suu Kyi’s 64th birthday that falls on 19th June 2009, we, the undersigned reiterate our call for the immediate and unconditional release of Aung San Suu Kyi and all other political prisoners and prisoners of conscience in Burma.

After achieving its independence from the British in 1948, Burma was ruled by a democratically elected government until the 1962 army coup.

Finally, the military junta agreed to hold elections in 1990, and return Burma to a parliamentary democracy. But the run-up to the elections inspired little confidence in the process. Aung San Suu Kyi, leader of the most popular opposition party, the National League for Democracy (NLD), was placed under house arrest in July 1989. Many other senior NLD officials were jailed. The NLD had little access to media and few resources compared to the military-backed National Unity Party (NUP).

On 27th May 1990, the Election Results revealed that out of the 485 parliamentary seats contested, the NLD won 392 (over 80%). Ethnic minority parties opposed to the military junta won 65 more seats. The military-backed NUP only won 10 seats. It was clear indication that peoples of Burma rejected military rule.

The military junta's response to this overwhelming defeat was simply to change the rules, and not hand over power to duly elected Aung San Suu Kyi and the NLD. Repression intensified, and many NLD and other elected representatives were arrested. Some have died in prison. Others fled into exile. Today, in Malaysia, it is estimated that there may be more than 500,000 Burmese undocumented migrants,

We call for the immediate handing over of power from the military regime to the duly elected Aung San Suu Kyi and the elected representatives.

We reiterate our call for the immediate discontinuation of the trial, and withdrawal of the charges against Aung San Suu Kyi who has been absurdly charged and is now being tried 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.

We call for ASEAN and ASEAN member governments, 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.

Lastly, and most importantly, we wish Daw Aung San Suu Kyi Happy Birthday, and wish for her and the peoples of Burma the strength and the continued commitment to struggle for a better Burma, where human rights, justice and democracy exist.

Pranom Somwong

Charles Hector

for and on behalf of the following 24 organisations,

Bar Council Human Rights Committee

Burma Campaign Malaysia

Center for Independent Journalism, Malaysia

Community Development Services, Sri Lanka

Development Action for Women Network (DAWN), Philippines

Empower Foundation, Thailand

Foundation for Women, Law and Rural Development (FORWARD), Thailand

Friends of Burma, Malaysia

Grassroots-HRE,Thailand

Legal Support for Children and Women (LSCW), Cambodia

MADPET (Malaysians against Death Penalty and Torture)

MAP Foundation, Thailand

Mekong Ecumenical Partnership Program, Christian Conference of Asia(MEPP)

Myanmar Refugee Volunteer Group (MRVG)

National League for Democracy (NLD),LA, Malaysia

Network of Action for Migrants in Malaysia (NAMM)

People's Service Organization (PSO), Malaysia

Persatuan Kesedaran Komuniti Selangor (EMPOWER)

Society for Christian Reflection (SCR)

Suara Rakyat Malaysia (SUARAM), Malaysia

Tenaganita, Malaysia

Women's Studies Center,Thailand

Workers Hub For Change (WH4C)

Yaung Chi Oo Workers Association ( YCOWA)

It's wrong for employers to hold worker's passports

It is against the law for employers to hold on to their worker's passports...

Now, the Minister of Human Resources has made it clear again that ...

Employers holding on to the passport of their foreign maids must surrender the travel document if and when the maids ask for it.

Human Resource Minister Datuk S. Subramaniam said employers did not have the right to refuse the request from the maids for any reason, especially when they wanted to quit or leave the country.

“Failure to surrender the passport on the request will result in a RM10,000 fine under amendments to the Employment Act 1955,” he told a press conference after meeting Indian Human Resource Development Minister Kapil Sibal here yesterday, Employers who decide to hold on to the passports would be responsible for renewing their maids’ work permits, he said.

On the proposal to make it mandatory for employers to grant one day off in a week to their maids, he said it was already in the law, and not something new.

He also said the day off could be on any day agreed upon by employers and their maids.- Star, 18/6/2009, Subra: Bosses can’t refuse requests for travel documents

Employers hold on the passport of migrant workers - just like a dog, they hope that holding on to the passports, will be like having an invisible 'lease' on their workers, so that they will prevent migrant workers 'running away'.

It also allows them to be exploit workers - and any resistance from the workers will be visited by the threat that they will get them arrested...and will not come 'free' them until they agree to be 'exploited' ... and by the witholding of the passports, employers can do this..

After all, when the police and the dreaded RELA stops a migrant, they are only interested in seeing the ORIGINAL passport - all the photocopies and other ID Cards are of no use. And, if they are not able to produce the original passport, they will be arrested, detained....and sometimes even deported. [Remember, not all employers are good - some really take their time doing the needful to get their wrongly detained worker released....]

Without the passport, the worker also suffers great tension ...the continuous fear of being arrested - and this is a GREAT INJUSTICE.

Try going out around town without your NRIC - and everytime you see the police, you panic - what if he stops me, and want to see my MyKad - what will happen? Will I be arrested? Will I be mistaken for an undocumented worker and sent to some Detention Camp...

Let's not forget what happened to our Malaysian pregnant woman, M. Rajeshvari too...who was there in detention for 11+ months.Pregnant Malaysian mum wrongfully detained in Migrant Detention Centre for 11+ months

HAPPY BIRTHDAY DAW AUNG SAN SUU KYI - Joint Statement (19/6/2009)

Joint Statement- 19/6/2009

HAPPY BIRTHDAY DAW AUNG SAN SUU KYI

RELEASE IMMEDIATELY AND UNCONDITIONALLY ALL POLITICAL PRISONERS IN BURMA

On the occasion of Daw Aung San Suu Kyi’s 64th birthday that falls on 19th June 2009, we, the undersigned reiterate our call for the immediate and unconditional release of Aung San Suu Kyi and all other political prisoners and prisoners of conscience in Burma.

After achieving its independence from the British in 1948, Burma was ruled by a democratically elected government until the 1962 army coup.

Finally, the military junta agreed to hold elections in 1990, and return Burma to a parliamentary democracy. But the run-up to the elections inspired little confidence in the process. Aung San Suu Kyi, leader of the most popular opposition party, the National League for Democracy (NLD), was placed under house arrest in July 1989. Many other senior NLD officials were jailed. The NLD had little access to media and few resources compared to the military-backed National Unity Party (NUP).

On 27th May 1990, the Election Results revealed that out of the 485 parliamentary seats contested, the NLD won 392 (over 80%). Ethnic minority parties opposed to the military junta won 65 more seats. The military-backed NUP only won 10 seats. It was clear indication that peoples of Burma rejected military rule.

The military junta's response to this overwhelming defeat was simply to change the rules, and not hand over power to duly elected Aung San Suu Kyi and the NLD. Repression intensified, and many NLD and other elected representatives were arrested. Some have died in prison. Others fled into exile. Today, in Malaysia, it is estimated that there may be more than 500,000 Burmese undocumented migrants,

We call for the immediate handing over of power from the military regime to the duly elected Aung San Suu Kyi and the elected representatives.

We reiterate our call for the immediate discontinuation of the trial, and withdrawal of the charges against Aung San Suu Kyi who has been absurdly charged and is now being tried 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.

We call for ASEAN and ASEAN member governments, 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.

Lastly, and most importantly, we wish Daw Aung San Suu Kyi Happy Birthday, and wish for her and the peoples of Burma the strength and the continued commitment to struggle for a better Burma, where human rights, justice and democracy exist.

Pranom Somwong

Charles Hector

for and on behalf of the following 20 organisations,

Bar Council Human Rights Committee

Burma Campaign, Malaysia

Community Development Services, Sri Lanka

Development Action for Women Network (DAWN), Philippines

Empower Foundation, Thailand

Foundation for Women, Law and Rural Development (FORWARD), Thailand

Friends of Burma, Malaysia

Grassroots-HRE,Thailand

Legal Support for Children and Women (LSCW), Cambodia

MADPET (Malaysians against Death Penalty and Torture)

MAP Foundation, Thailand

Mekong Ecumenical Partnership Program, Christian Conference of Asia(MEPP)

Myanmar Refugee Volunteer Group (MRVG)

National League for Democracy (NLD),LA, Malaysia

Network of Action for Migrants in Malaysia (NAMM)

Society for Christian Reflection (SCR)

Suara Rakyat Malaysia (SUARAM), Malaysia

Tenaganita, Malaysia

Women's Studies Center,Thailand

Workers Hub For Change (WH4C)

Malaysian Bar: Amend Employment Act to protect all domestic workers

The Malaysian Bar commends the Human Resources Ministry's announcement that it will amend the Employment Act to require employers to accord domestic workers one compulsory day off per week. This is a small step forward in upholding the rights of hundreds of thousands of domestic workers who are prone to severe abuse and labour exploitation because they receive scant protection under the Employment Act.

It is crucial that this proposal be implemented by amending the Employment Act because the imposition of a statutory obligation will have far greater weight, and will allow the Ministry to enforce the provision and prosecute those who breach it. Currently, numerous terms of the Employment Act are specifically inapplicable to domestic workers. Consequently, they are not entitled to a day of rest per week, paid public holidays, annual leave, sick leave, maternity nor termination benefits. They are also excluded from provisions that limit the number of hours that they can be compelled to work.

Codification of the Minister's proposal will also make it applicable to all domestic workers, both local and foreign.

While the "compulsory day off" requirement should also be incorporated into individual employment contracts, this should be a secondary, and supplementary, step. As such contracts are private in nature, the contractual provisions do not impose enforceable statutory duties upon employers that can be implemented by the Government. Aggrieved workers would have to pursue legal remedies under private contract law, which accords them less protection. Furthermore, local domestic workers generally do not have such contracts.

Domestic workers are human beings and should benefit from the same rights as other workers, without discrimination. It is unjust and unacceptable that they can be required to work 20-hour days, seven days a week, all year round. Such labour practices, which are a form of bonded labour, are abhorrent and inhumane, and we call on those who oppose the Government's proposal to examine their consciences. It is utterly hypocritical of us to be aghast when domestic workers are abused if we continue to oppose this progressive move by the Government.

By granting domestic workers a compulsory day of rest, we uphold their rights as workers while simultaneously help to reduce instances of abuse. Abuses are most rampant where domestic workers work in isolated and secluded situations and are vulnerable because they have no access to those who can assist them when needed.

While the Government's move is a step in the right direction, the Malaysian Bar also calls for the following additional measures to be taken without delay:

(a) Limit the number of hours that domestic workers can be compelled to work per day;

(b) Limit the types/amount of work that they can be required to do, such as working at an employer's home and also place of business, or for an employer's friends/relatives, or work that is disrespectful of the worker's religious or cultural beliefs and practices;

(c) Codify strong sanctions against breaches of Employment Act provisions and other exploitative labour practices;

(d) Enforce the law that stipulates domestic workers be allowed to retain their passports in their possession; and

(e) Develop a simple procedure whereby a domestic worker who is abused can change her employer rather than face repatriation to her home country, because many domestic workers tolerate severe abuse to
avoid repatriation.

We call on the Government to take greater care to protect domestic workers, who make up a vulnerable and often-exploited group of workers. The manner in which we treat such groups is the litmus test of how civilised we are as a nation.


Ragunath Kesavan
President
Malaysian Bar

18 June 2009

Rest Day and other Rights for Domestic Worker - It MUST be legislated.

Let us consider the Malaysian Employment Act 1955 - and consider whether it covers the domestic worker..

YES - it does, and term that is uses is 'domestic servant' - and its definition, in section 2 is as follows:-

"domestic servant" means a person employed in connection with the work of a private dwelling-house and not in connection with any trade, business, or profession carried on by the employer in such dwelling-house and includes a cook, house-servant, butler, child's nurse, valet, footman, gardener, washerman or washer-woman, watchman, groom and driver or cleaner of any vehicle licensed for private use;

First, we must campaign that the more dignified term, i.e. 'domestic worker', be inserted to replace the term 'domestic servant'.

The definition is wide enough...and is open, and that is good.

PART XI - Domestic Servants, - yes this is in Malaysia's Employment Act 1955

PART XIDOMESTIC SERVANTS
57. Termination of contract.

And, section 57 is as follows:-

Subject to any express provision to the contrary contained therein, a contract to employ and to serve as a domestic servant may be terminated either by the person employing the domestic servant or by the domestic servant giving the other party fourteen days' notice of his intention to terminate the contract, or by the paying of an indemnity equivalent to the wages which the domestic servant would have earned in fourteen days:

Provided that any such contract may be terminated by either party without notice and without the paying of an indemnity on the ground of conduct by the other party inconsistent with the terms and conditions of the contract.

Thus, the domestic worker is recognized by Malaysian Law - and the porblem is really in the First Schedule - which lists out categories of workers, and the sections within the Employment Act 1955 which is not applicable to them.

Looking at row/number 2 (5)

2. Any person who, irrespective of the amount of wages he earns in a month, has entered into a contract of service with an employer in pursuance of which- ...(5) he is engaged as a domestic servant, it is clearly lists the Provision of the Act not applicable - i.e. Sections 12, 14, 16, 22, 61 and 64 and parts IX, XII and XIIA of the Employment Act.

With regard the domestic servant, it is clearly stated that the following sections of the Employment Act are not applicable to them, being:- Section 12 (Notice of termination of Contract), 14 (Termination of Contract for Special Reasons), 16 (Employees on Estates to be provided with minimum number of days’ work in each month), 22 (Limitation on advances to employees), 61 (Employers Duty to Keep Register), 64 ((Employers Duty to display notice boards), Part IX (Maternity Protection), Part XII (Rest Days, Hours of Work, Holidays And Other Conditions of Service) and Part XIIA (Termination, Lay-Off And Retirement Benefits. (See also earlier post: Domestic Workers entitled to worker rights

Thus, what the fight is for domestic workers to be accorded more rights just like other workers...

Section 59 of the Employment Act 1955 deals with Rest Days ... and we have to consider whether this should be applicable to the domestic worker as it is, or maybe amended.

Few points that need be highlighted..

* Rest Day - this need not be Sundays, and if so there is a requirement that the employer informs the worker in advance as to what will be the rest day. "...employer shall prepare a roster before the commencement of the month in which the rest days fall informing the employee of the days appointed to be his rest days therein, and where the same day in each week has been appointed as the rest day for all employees in the place of employment, the employer may, in lieu of preparing a roster, display a notice at a conspicuous place in the place of employment informing the employee of the fixed rest day so appointed..."

* Rest Day - is it going to be 24 hours continuous or 30 hours continuous? For the Domestic Worker, like the 'shift worker' - maybe it should be 30 hours continuous.

59. Rest day.

(1) Every employee shall be allowed in each week a rest day of one whole day as may be determined from time to time by the employer, and where an employee is allowed more than one rest day in a week the last of such rest days shall be the rest day for the purposes of this Part:

Provided that this subsection shall not apply during the period in which the employee is on maternity leave as provided under section 37, or on sick leave as provided under section 60F, or during the period of temporary disablement under the Workmen's Compensation Act, 1952, or under the Employees Social Security Act, 1969.

(1A) Notwithstanding subsection (1) and the interpretation of the expression "day" in section 2(1), in the case of an employee engaged in shift work any continuous period of not less than thirty hours shall constitute a rest day.

(1B) Notwithstanding subsection (1), the Director General, on a written application by an employer and subject to any conditions he may deem fit to impose, may permit the employer to grant the rest day for each week on any day of the month in which the rest days fall and the day so granted shall be deemed to be the employee's rest day for the purposes of this section.

(2) The employer shall prepare a roster before the commencement of the month in which the rest days fall informing the employee of the days appointed to be his rest days therein, and where the same day in each week has been appointed as the rest day for all employees in the place of employment, the employer may, in lieu of preparing a roster, display a notice at a conspicuous place in the place of employment informing the employee of the fixed rest day so appointed.

(3) Every such roster and every particular recorded therein shall be preserved and shall be made available for inspection for a period not exceeding six years from the last day of the month in respect of which the roster was prepared or cause to be prepared.

(4) Any employer who contravenes any of the provisions of this section commits an offence.

While, we have started discussing 'Rest Days', it may also be good to talk about PAID Annual Leave, PAID Public Holidays, PAID Sick Leave & Hospitalization Leave, and also Hours of Work.

In fact, there are so many other issues that need to be addressed as well...

It is of new use for the Ministry of Human Resources to come out with yet another Standard Form Agreement, but they need to legislate to ensure that rights and responsiblities of both the domestic worker, and the employer, are clearly in our law. Remember, the Immigration Department (under the Home Ministry) already had such standard Agreements since early 2006 - which could also be found online at their website.

Jordan, apparently, has a specific Act that . South Africa and Jordan has legislations to provide for rights and protections to domestic workers, and in Taiwan, a Bill for Household Services was tabled before Parliament sometime in 2006 (not sure what happened to that).

In any event, as a guideline, the South African law that governs domestic workers..could be found at http://www.labourguide.co.za/domestic_section.htm

Free Education at government schools for all children of migrants in Malaysia...

Education for children of undocumented migrants, refugees and asylum seekers in Malaysia was the question that was raised by Teresa Kok (DAP Member of Parliament) to the Minister of Education. Below is the question and answer (with my translation of the question and the answer into English). See below.

Malaysia has ratified the Child Rights Convention, but have had a reservation on the right to education.....

CONVENTION ON THE CHILDREN’S RIGHTS

Convention on the Children’s Rights was officially accepted by consensus by the 44th Assembly of the United Nations on 20 November 1989. On 26 January 1990, the Convention was open for signature while celebrating the 30th anniversary of Children International Year (1979-1989). Convention on the Children’s Rights was implemented on 2 September 1990 after 30 days it was recognized by 20 countries.

The Malaysian Government had signed the Convention on the Children’s Rights on 28 December 1994 and implemented it on 7 February 1995. However, the government had made reservation on the clauses 1, 2, 7, 13, 14, 15, 22, 28, 37 and 40 because they are against the national policy, laws and practice. However, those reservations will be reversed when situation and time are suitable to the government. On 25 February 1999, the government had reversed several reservations while maintaining reservation on clauses 1, 2, 7, 13, 14, 15, 28 para 1(a) and clause 37.

Generally, the Convention on the Children’s Rights sets in motion for the government to be more responsible towards the well-being of the children by recognizing their rights. The Convention also elucidates the children’s needs which are different from the adults. - Official Website of the Social Welfare Department of Malaysia

Note that Malaysia has a reservation with regard to even something as basic as free primary education for all children...

Article 28

1. States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular:

(a) Make primary education compulsory and available free to all;- Convention on the Rights of the Child

The said Parliamentary Written Question and Answer, which I have taken from Teresa Kok's blog. The translation to English is mine.

PEMBERITAHUAN PERTANYAAN BAGI JAWAB LISAN DEWAN RAKYAT
PERTANYAAN : LISAN
DARIPADA : YB TERESA KOK SUH SIM
TARIKH : 16 JUN 2009 (SELASA)

SOALAN/ QUESTION :

Puan Teresa Kok Suh Sim (Seputeh) minta MENTERI PELAJARAN menyatakan bilangan anak pelarian yang belajar di sekolah rendah dan sekolah menengah di Negara kita dan prosedur memasuki sekolah tempatan. Memandangkan keturunan pelarian dan orang asing tanpa izin di Negara kita ini semakin meningkat, bagaimanakah kerajaan menangani masalah pendidikan di kalangan keturunan orang asing tanpa izin dan pelarian tersebut.

Madam Teresa Kok Suh Sim (Seputeh) asked the Minisiter of Education to state the number of refugee children that are studying in primary and secondary schools in this country, and the procedure for registering these local schools. Since the numbers of refugees and undocumented migrants are on the rise in our country, how will the government deal with the problem of education for children of the said refugees and undocumented migrants. [A rough translation by me from Bahasa Melayu to English]

JAWAPAN/ANSWER :

Tuan Yang Di-Pertua.

Kementarian Pelajaran Malaysia (KPM) menghargai sumbangan kementerian-kementerian lain dan pihak NGO dalam usaha menangani isu pendidikan golongan pelarian dan pemohon perlindungan. Walau bagaimanapun, pada masa ini Kerajaan masih mengkaji secara terperinci implikasi sekiranya kanak-kanak daripada golongan ini diterima masuk untuk belajar di sekolah kerajaan. Sehubungan itu, satu kajian menyeluruh berkaitan “Pendidikan Kanak-Kanak Tanpa Dokumen Pengenalan Diri Di Malaysia” sedang dijalankan sekarang oleh KPM. Namun, pada masa ini kanak-kanak tersebut mendapat pendidikan yang disediakan oleh pihak NGO dan sukarelawan daripada kaum pendatang dengan kerjasama UNHCR. Agensi Kerajaan juga ada menyediakan pendidikan seperti yang dilakukan oleh Pasukan Petugas Khas Persekutuan (Sabah dan Labuan), Majlis Keselamatan Negara bagi kanak-kanak tanpa dokumen di Sabah dan Labuan.

The Ministry of Education of Malaysia(MEM) appreciates the contributions of other Ministries and NGOs in dealing with the issue of education of refugees and asylum seekers. However, at this time, the Government is still studying the implications if children of these groups were accepted into to study in government schools. In line with that, a comprehensive research is being conducted on "Education of Children Without Identity Documents in Malaysia" now by MEM. However, at this time the said children are getting education provided by NGOs and volunteers from amongst the migrants with the cooperation of the UNHCR> Government agencies are also providing education as is being done by the Special Federal Taskforce (Sabah and Labuan), National Security Council for children without documentation in Sabah and Labuan.

We really must campaign for education for all children - irrespective of whether they are children of locals or foreigners - irrespective whether they are refugees, asylum seekers or undocumented migrants.

All children should have access to free education in government schools...In Thailand, all children have access to free education in Thai schools until they complete their secondary education...If the childrens do not have identity document - temporary identity documents could be provided by the government of Malaysia (Ministry of Education). Caring Malaysians, I believe, will not be complaining about the cost of educating these children..

'..standard employment contract for foreign maids..' - already there BUT not effective, only an amendment of law will guarantee rights of DW (Updated)

Old story - In 2006, the Immigration Department (with or without the cooperation of the Human Resources Ministry) already did have a Employment Agreement (Perjanjian Pekerjaan) Form to be used by Domestic Workers and their employers, and in that standard agreement, there already was a clause that the foreign domestic worker would be entitled to 1 rest day per week, and if the employer do need the worker to work on the rest day, the worker is to be adequately compensated..

Problem was that this was just a Standard Form - and most domestic worker employers did not give their domestic workers the 1 rest day per week, and I do believe that most employers also never did pay 'adequate compensation' for working on the rest day. [Note that in our Employment Act 1955, if one is asked to work on a rest day - one is entitled to receive double pay...]

so, when the '...minister Datuk Dr S. Subramaniam said that the Labour Department was currently drafting a standard employment contract for foreign maids to be used by prospective employers...', I say that this is of no use, unless it is made law.

Better to just amend the Employment Act, add a few sections that will cover Domestic Workers, and clearly state there that the domestic worker shall be be entitled to one day rest per week.

Also, it must be made clear that if the employer wants the domestic worker to work on the rest day, the worker must be paid double wages for the 1st 8 hours of work, and there after 1 1/2 times that rate for working on the rest day for every subsequent hour of work.

Consent of the domestic worker must also be required - and it should also be stated that at the very least the domestic worker (by agreement) can work for just 2 rest days per month, and this means that the domestic worker shall at the very least have 2 - 3 days off per month.

Our Malaysian Employment Act acknowledges the domestic worker - and uses the term 'domestic servant', and the definition clearly covers all kinds domestic worker. One thing that we could do is to change the word 'domestic servant', and replace it with the more dignified term, 'domestic worker'.

With regard the domestic servant, it is clearly stated that the following sections of the Employment Act are not applicable to them, being:- Section 12 (Notice of termination of Contract), 14 (Termination of Contract for Special Reasons), 16 (Employees on Estates to be provided with minimum number of days’ work in each month), 22 (Limitation on advances to employees), 61 (Employers Duty to Keep Register), 64 ((Employers Duty to display notice boards), Part IX (Maternity Protection), Part XII (Rest Days, Hours of Work, Holidays And Other Conditions of Service) and Part XIIA (Termination, Lay-Off And Retirement Benefits.

So, what needs to be done is to insert clear provisions which stipulates domestic workers rights, which should not only include one day rest per week, but also provisions with regard to accommodation standards and privacy, religious rights & obligations, freedom of association, etc

It would soon be compulsory for foreign maids to be given one rest day in a week, to be determined between the employer and the domestic servant as part of the compulsory employment contract, the Human Resources Ministry has decided.

Its minister Datuk Dr S. Subramaniam said that the Labour Department was currently drafting a standard employment contract for foreign maids to be used by prospective employers.

The standard contract, he said, would be furnished to the Immigration Department, which would have to verify adherence to its terms before approving any application for or renewal of visas for foreign maids.

The Labour Department will share with Immigration information on existing employers employing foreign maids.

The proposed move is part of measures which would be taken to improve the management of the employment of domestic servants and foreign domestic servants, Subramaniam said.

He said that the measures were necessary to handle the flood of exploitation and abuse cases involving foreign domestic servants.

“We have come up with measures to improve the foreign workers employment scenario in Malaysia.

These measures would be implemented “as soon as they have been approved by the Attorney-General within this year,” Subramaniam told reporters at a press conference after the ministry’s closed-door meeting with companies that employ foreign domestic servants at Wisma Pembangunan Sumber Manusia Berhad here on Tuesday.

Also at the meeting was the director-general of the Manpower Department of the Human Resources Ministry, Romli Hassan.

Surprise checks
The Labour Department will also make random enforcement visits to places where foreign maids are employed to check on their welfare and to ensure that all rules and terms of employment were adhered to.

The enforcement teams would include female officers, and this exercise will begin immediately, Subramaniam said.

“During the visits, if maids are found working other than where they are supposed to be employed, corrective action will be taken.

“This would include reporting to Immigration to take appropriate action against these employers, including withdrawing their permits,” he added.

Employers wishing to employ foreign maids must also furnish Immigration with a contract of employment which contains terms and conditions of services relating to wages, rest days and insurance coverage.

Subramaniam said that currently about 231,355 foreign maids reside and work in Malaysia- Star, 16/6/2009, Maids to get one day off, govt to make surprise checks

Another report:-

By the end of the year, Indonesian maids will have a day off every week, enjoy Socso benefits and the security of an employment contract signed with employers.

They will also receive unannounced visits from Human Resource Ministry officials at their place of employment.

There will also be a registry of the maid's personal and employment data with the ministry and the Immigration Department.

The maids will be provided a handbook listing the telephone numbers of embassy officials, labour offices, police and welfare organisations.

These are some of the "perks" which the cabinet had recently approved and which would now be forwarded to the Attorney-General's Chambers for legislation.
Human Resources Minister Datuk Dr S. Subramaniam said the proposals were expected to be gazetted under the Labour Act.

"We hope these measures will provide maids with better security and welfare," he said after a brainstorming session on foreign workers in Bukit Damansara yesterday.

On the day off, Dr Subramaniam said this was being enjoyed by Filipina maids.

"The day off will give Indonesian maids a chance to mingle with their own citizens.

"Should the employer require the maid to work on their day off, they should be compensated."

He added the ministry would hire more women officers who could advise and counsel the maids during their contact with them.

He said employers who withheld their maids' passports would be held responsible for the renewal of their work permits.

He added employers could only deduct a maximum of 50 per cent of a maid's monthly salary to pay for agent's fees and not deprive them of six months' salary to recover costs.

On the most recent abuse case involving maid Siti Hajar, he said he had met his Indonesian counterpart a few days ago and assured the latter that Malaysia took a serious view of it.

Siti Hajar said she had run away after she was scalded by her employer, who has since been detained by police. - New Straits Times, 16/6/2009,Indonesian maids to get day off, contract by year-end

That standard employment contract for foreign maids to be used by prospective employers (in Bahasa Melayu) , which has already been available since 2006 is as follows:-

PERJANJIAN PEKERJAAN

Perjanjian ini dibuat pada haribulan ……………………………. bulan …………………
tahun ………… di antara ………….……………………………………………………
K/P No. ……………………… beralamat ………...……………………………………….
………………………………………………………………………………………………
(selepas ini disebut majikan ) dan
………….……………………………………………… pemegang passport
…………………………………No. …………….…………………… (selepas ini disebut
Pembantu Rumah Asing) adalah dengan ini dipersetujui dan diisytiharkan sebagai berikut
:-
1 . Tempoh Perjanjian
Majikan dikehendaki menggaji Pembantu Rumah Asing selama setahun ke setahun
bermula dari tarikh ketibaan Pekerja di tempat kediaman *majikan / bekerja.
2 . Tempat Bekerja
Pembantu Rumah Asing hanya dibenarkan bekerja dan tinggal di
…………………………………………………………………………………………
…………………………………………………………………………………………

3 . Tugas dan Tanggungjawab Pembantu Rumah Asing
a) Pembantu Rumah Asing mestilah cekap dan setia, membantu melaksanakan
tugas rumahtangga / melaksanakan kerja.
b) Pembantu Rumah Asing mestilah mematuhi segala arahan majikan berkaitan
dengan perlaksanaan tugasnya.
c) Pembantu Rumah Asing mestilah bekerja dengan majikannya sahaja dan tidak
boleh bekerja dengan majikan lain.
d) Pembantu Rumah Asing dikehendaki sentiasa bersopan-santun dan
menghormati majikan dan keluarganya.
e) Pembantu Rumah Asing mestilah mematuhi undang-undang dan adat resam
rakyat Malaysia.

4 . Kemudahan Tempat Tinggal / Makanan / Rawatan Perubatan
a) *Majikan mesti menyediakan tempat tinggal percuma dengan bekalan air dan
elektrik untuk Pembantu Rumah Asing
b) *Majikan mesti menyediakan makanan berkhasiat sekurang-kuranya tiga kali
sehari untuk Pembantu Rumah Asing.
c) *Majikan mesti menanggung bayaran rawatan perubatan sekiranya Pembantu
Rumah Asing sakit atau tercedera semasa bertugas bekerja.

5 . Hari Kelepasan
Majikan mestilah membenarkan Pembantu Rumah Asing mengambil satu hari kelepasan pada setiap minggu. Hari Kelepasan ini hendaklah dalam jangkamasa berterusan tidak melebihi 24 jam. Sekiranya majikan meminta Pembantu Rumah Asing bekerja pada Hari Kelepasannya, majikan mestilah memberi ganjaran sewajarnya.

6 . Penamatan Kerja
a) Majikan boleh menamatkan perjanjian ini atas alasan jika Pembantu Rumah
Asing :-
i) Sengaja bekerja dengan majikan lain.
ii) Sengaja mengingkari arahan munasabah yang
berhubung dengan kerja-kerja Pembantu Rumah
Asing.
iii) Berterusan mengabaikan tugasnya dan sentiasa
lewat memulakan kerjanya.
iv) Didapati bersalah kerana menipu dan tidak amanah.
v) Hamil (jika berkenaan sahaja)
vi) Terlibat dengan kegiatan-kegiatan haram seperti
penyalahgunaan dadah, pelacuran, kegiatan
subversif, jenayah dan sebagainya.

Teargas and another violation of the right of peaceful assembly and protest - Iranians in front UN Building

Shameful behaviour by Malaysian police again depicts the undemocratic nature of the UMNO led-BN government of Malaysia.

Freedom of expression, freedom of opinion and freedom of assembly are all very important aspects of a democratic society.

The duty of the police during any of these demonstration is to only ensure that flow of traffic continues unimpeded (or traffic is directed to alternative routes), and that there is no violence - that is all. Stand by the side-line...or maybe between the protesters and the UN building..

It is counting 1 to 10 ....then arrest when it comes to Malaysian protests today....and it is an embarrassment.

Using of teargas and water cannons is again an embarrassment...and using it because they feared the crowd MAY turn unruly is totally unacceptable - If and when the crowd do turn unruly, and if there is really no other option, then and only then would resort to using of tear-gas or water cannons...

If people want to protest - just allow them to, and after some hours the crowds will disperse and go home peacefully - In Malaysia, it is the presence and the actions of the police that creates unnecessary tension, fear and problems...If there is no presence of police, I believe most public protests in Malaysia will proceed and end calmly with no or little affect to normal life in the area.

Police say - ask us for permission first before you protest...and this is clearly non-sense. Informing the police of a protest event may be palatable - but asking them for permission is totally unacceptable.

In my own experience, even when you ask the police for permission to have a talk/forum, they either never want to give permission, or will delay the giving of the permission (or otherwise) until the very last minute - hence making it difficult for the organizer to even publicize the event, etc.. They will want to know what will be talked about - they will want you to change your speakers, etc... Nobody should be required to ask the POLICE permission in order to exercise our freedom of expression, freedom of opinion, freedom of assembly,...rights

And yesterday, the Malaysian police did it again when Iranians went to protest in front of the UN...

Police fired tear gas at a group of about 700 Iranians, mostly students, who had gathered outside Wisma UN in Jalan Semantan after they refused to budge despite several warnings.

The Iranians had gathered to hand over a memorandum protesting developments in their homeland.

According to police, they were forced to use teargas to disperse the crowd, fearing that they would turn unruly.

Crowd control: Federal Reserve Unit personnel firing tear gas at the protesters in Kuala Lumpur Monday.

The incident happened after the group, who had permission to gather outside the UN building at 2pm, handed over the memorandum to a UN representative voicing their grievances and dissatisfaction over the recently concluded elections in their country.

However, only a small group dispersed while most decided to hold a sit-in and created a ruckus outside the building. They refused to budge even after the police had issued them with warnings to disperse.

Their sit-in also caused a massive traffic jam along busy Jalan Semantan.

Brickfields OCPD Asst Comm of Police Wan Abdul Bari Wan Abdul Talib said the group was to leave immediately after handing over the memorandum.

Show of anger: The Iranians voicing their dissatisfaction over the election results in their homeland in Kuala Lumpur Monday.

“Despite our warnings, they refused to budge as they had wanted to give a speech for half an hour but we refused because they did not have a permit.”

“They continued shouting slogans against Iranian President Mahmoud Ahmadinejad and singing the Iranian national anthem,” he said, adding that the police had no choice but to fire the tear gas to disperse the crowd.

Immediately after the tear gas was fired, he said, the group went into a nearby building carpark before dispersing peacefully.

ACP Wan Abdul Bari said no one was injured or arrested during the incident. - Star, 16/6/2009, Cops fire tear gas to disperse Iranian protesters

Bukit Kepong - would not the persons who attacked a British police station in 1950 be Malaysian freedom fighters - not terrorists.

The attack on that Bukit Kepong police station happened in 23rd, February, 1950

That means that was a British colonialist police station - and those Malaysian who served as British police officers are the traitors.

It was the people who were fighting for the independence of Malaya from its British Colonial masters that attacked this 'police station'... and it was the Malayan National Liberation Army that attacked this British police station - and the British called them 'communist terrorists' then ...and the UMNO led-Alliance government (and later the UMNO led-BN government) continued to propagate the calling of these people as 'communist terrorist'...

Malaysian freedom fighters are forgotten, and the UMNO-led BN government has raised those Malaysians who served the British colonial masters in the police station heroes...I say it is them police personnel at Bukit Kepong in 1950 serving the colonial masters who should be condemned...

Finally, Malaysia achieved independence on 31/8/1957 ....but was it true independence? Or was it just the passing of the baton of 'perceived governance' from the colonial masters to their 'puppets'. The British, many believed, remained the puppet masters...Was that the reason why the 'Malayan National Liberation Army' (which included the Communist Party of Malaya) continued fighting for 'independence'...beyond 31/8/1957?

Jins Shamsuddin’s 1981 movie, Bukit Kepong, re-inforced the picture being painted by the UMNO led government - It again made these British police personnel the heroes, and the ones that attacked the station the ‘crooks’. It also created an image that the policemen were Malays (assisted by the Malays auxiliary police) were the heroes - and they were attacked by the communist terrorists (all Chinese…mmm). Was it the Malayan National Liberation Army - or simply the communist party of Malaya that attacked the British police station in 1950?

We really need to dismantle the effects of over 50 years of 'brain-washing' that has made heroes into villains, and villains into heroes...

More and more questions are being raised today about the true history of Malaya...Malaysia, and we must search hard to find the truth...

The truth is out there...

BN's allowing of outsourcing companies - is anti-worker (MTUC SG's Interview)

Below is an interview of Malaysian Trade Union Congress (MTUC)'s Secretary General that was published on the International Trade Union Confederation website, and here I would like to highlight some of the points...

- The UMNO led-BN government's anti-worker and workers' union by the introduction 2 years ago, and the current use of outsourcing companies. Remember migrant workers, as of right, can join Unions in Malaysia. The usage of outsourcing companies, labour supply companies or 'contracting out certain work' also involves local workers, and is a means to prevent worker organizing, formation/strengthening of unions. It keeps workers separate, weak, ignorant of their rights and more easily exploitable...

"...increasingly difficult since the government introduced a system of supplying labour, two years ago, and issued around 270 licences for what it calls outsourcing companies. We call them labour traffickers, who extract money from migrants and employers. These outsourcers do not operate in any particular sector, but they are the migrant workers’ official employer; they are not employed by the company where they work. The problem here is knowing what union to join, as Malaysian unions are organised along sectoral lines. Outsourcing also means that the collective agreement signed with the company does not apply to these migrants, even though they work there...."

* MTUC does help Migrant Workers - and this would be a good place for Migrant Workers to go and seek help when their rights as workers have been violated. Local workers can also go get help at MTUC.

* It is against the law to be in possession of some other's passport. It is wrong for employers to be holding on to worker's passports. If a worker is arrested and detained by reason of not being able to present his/her original passport, that worker may sue the employer and recover damages/compensation from the employer for the employer's action of holding the worker's passport..

Spotlight interview with G. Rajasekaran (Malaysia – MTUC)

"By helping migrant workers, we are also helping Malaysian workers"

Brussels, 11 June 2009 (ITUC OnLine): How is the economic crisis affecting the large migrant population in Malaysia? G. Rajasekaran, general secretary of the MTUC (1), talks about trade union initiatives designed to help them. He also denounces the exploitation suffered by domestic workers, a particularly vulnerable category of migrants.

How widespread is the phenomenon of migration in Malaysia, and what is the MTUC’s policy on this issue?

We now have two million migrant workers in Malaysia, from 20 different countries. Around a million of them come from Indonesia. The second largest group comes from Bangladesh, totalling around 300,000 migrants, followed by Nepal. Of these two million migrants, 300,000 are domestic workers, most of whom are women.

We believe that the recruitment of migrant labour should be based on labour requirements. The country should not be flooded with migrant workers, as we have noted that this tends to undermine pay and working conditions, as well as exacerbating the exploitation of migrants. The agencies that send migrants are very active; they send as many as they can because they obtain large sums of money from these workers.

Has the global economic crisis had any impact on the employment of migrants in Malaysia?

Government statistics show that since the beginning of the crisis in October 2008 until just a few days ago, some 30,000 workers have lost their jobs in Malaysia, out of an active population of 11.2 million people. Around two thirds of these 30,000 job losses have affected Malaysians, and the other third migrants.

Since the onset of the economic slowdown, we have been telling the government that it should freeze all new work permits, and that’s what it has done. Some of our colleagues from the sending countries see this measure as a breach of their rights, but I see it as precisely the opposite, because if migrants are brought to Malaysia only to be told three months down the road that the companies do not need so many workers and that they should go back home, it’s worse. Having said that, migrants are still coming, legally and illegally. Some are still arriving legally as they had been granted permits beforehand but had not come straight away. It’s going to create problems, as companies are not recruiting.

At the end of 2008/ beginning of 2009, hundreds of Bangladeshi boat people were set adrift on the high seas by the Thai navy whilst trying to reach Malaysia clandestinely. Many died. Is there not a risk that by failing to issue new work permits Malaysia will encourage more of these desperate attempts to enter the country illegally?

According to government statistics, aside from the two million migrant workers with their papers in order, there are around a million without papers, most of whom are Indonesian. It would be better if these clandestine immigration candidates stayed in their home country, where they have a place to live at least. When you go to a foreign country and you don’t have a job or a place to live, you end up sleeping under a bridge, which is much worse. Many of them think that they will be able to find a job one way or another once they get to Malaysia, but in times like these there are very few opportunities.

What kind of services does the MTUC offer migrants?

We have two full-time officers helping domestic workers in the main, as part of a project supported by the Dutch union FNV. For two years now we have also been involved in another project for all migrant workers with funding from the LO-TCO union. Migrant workers can come to us to talk about their problems.

The most common complaint is about non-respect for the salary they were promised before leaving their country. Some of them come to see us with the contract signed in their country of origin, which stipulates a higher salary. We go to the Labour Ministry to support the demands of workers whose contracts are violated in this way, but the ministry’s response is that agreements signed abroad cannot be enforced in Malaysia. We are pressing the government to ensure recognition of these contracts, but it has not done so yet.

We also receive complaints from workers telling us that they have not received their wages for several months. Their employers give them 20-30 ringgits (4-6 euros) from time to time, just enough to survive on, and ask them to sign a document acknowledging receipt of these small sums, but the amount is not written on it at the time. We also turn to the Labour Ministry in such instances, but the documents signed by these workers makes it difficult for us to advance our case as the employers argue that they had already paid the full amount when the document was signed.

These projects have given us a clearer picture of what is happening on the ground and have allowed us to gather statistics on the number of people mistreated by their employers. We submit this data to the government, thanks to which we have been able to obtain some improvements.

Do collective bargaining agreements apply to migrant workers?

Our policies is that even if a migrant workers has signed an individual contract, wherever there is a union and a collective agreement, the latter applies to everyone, including migrants. We are managing to implement this MTUC policy but it has become increasingly difficult since the government introduced a system of supplying labour, two years ago, and issued around 270 licences for what it calls outsourcing companies. We call them labour traffickers, who extract money from migrants and employers. These outsourcers do not operate in any particular sector, but they are the migrant workers’ official employer; they are not employed by the company where they work. The problem here is knowing what union to join, as Malaysian unions are organised along sectoral lines. Outsourcing also means that the collective agreement signed with the company does not apply to these migrants, even though they work there.

What specific actions are you taking to assist domestic workers?

One of our key demands is that domestic workers should have at least one day off a week. There are many other grievances regarding these workers, but we want to make this step forward first, because most domestic workers live almost like prisoners. They get to Malaysia, are taken straight to their employer’s home and are then cut off from any contact with the outside world. They cannot go out and complain if they have a problem, even if their wages are not paid. The fight for one day off a week is not only linked to the fact that they should be recognised as human beings who need a break; it is also about allowing them to meet other people, to learn more about their rights and to find help if they have a problem.

Many migrant domestic workers also come to see us to complain about the food they receive. There are many complaints about employers who have businesses, often a restaurant, where they take their domestics after they have finished in the house and make them work until late at night.

None of the labour laws apply to domestic workers, as they are not recognised as workers by law, be they migrants or Malaysian. We are pressing the government to change this.

And then there are all the cases where employers hold on to their passports...

Yes, even though it is illegal to hold another person’s travel documents in Malaysia. When we raise this issue with the government, its response is that if the employer takes them away for safe keeping with the employee’s consent, the authorities cannot interfere. So employers make their workers sign a document asking them to keep their passports in a safe place and to return it to them when they leave the country. Many domestic workers are not able to read and, in any case, rarely have a chance to refuse.

Does the situation of migrant domestic workers vary according to their nationality?

Filipino domestic workers have a clear contract stipulating their working hours, living conditions, days leave and the minimum wage, etc. In their case, the minimum wage is currently 1,200 ringgits (250 euros) whilst Indonesians only receive 450 to 500 ringgits (94 to 105 euros). It would seem that the Philippine government has a serious interest in protecting its migrants, unlike the Indonesian government.

Only 15,000 out of the 300,000 domestic workers in Malaysia are Filipino. The rest are chiefly Indonesians who come here through recruiters. The employers contact an agent who asks for 8,000 ringgits (1,670 euros), a large sum of money that they can then deduct from the domestic worker’s wage for around six months. So, if she gets 500 ringgits a month, she will have only reimbursed 3,000 ringgits to her employer by the end of six months. It’s extremely unfair, as it means they have to work 16 hours a day, every day, without any pay.

The crisis will probably make things even worse for domestic workers, who are particularly vulnerable...

No, because their situation cannot get any worse, they are always treated in the worst possible way. There are, of course, some employers who treat their domestic as if she were part of the family, but they are rare.

It is astonishing to see how badly domestic workers are treated by employers who are often ordinary workers themselves...

It is inconsiderate; they never put themselves in their shoes. When we say that a domestic worker does a 15-hour day, the employer sees it differently: for him, sweeping up and cleaning the house are not very arduous tasks. They don’t understand that people need time for themselves, on Sundays, for example. According to the employer’s way of seeing things, if they leave the house and meet other people their minds will be corrupted by other ideas and they will no longer work in the same way.

If the ILO adopts a new international convention on domestic work, would it help the MTUC in the fight to protect domestic workers?

Yes, because Malaysia usually respects international conventions; it does not like having international bodies calling its attention to situations where it allows exploitation. So we hope that this new convention will be adopted but, unfortunately, we would only start to see the benefits in another two years: the debate will be launched in 2010 and if an agreement is reached, the convention will not come into being until 2011. In the meantime, we are doing everything we can to take this campaign into as many homes as possible, so that they do something on their own initiative, such as giving one day off a week. I have suggested to the NGOs linked to religious movements that they should ask the priests, the imams, and so on, to talk about these social issues. If more and more households move in this direction, the government will find it easier to back laws in this area.

How are your partnerships on migrants going with non-Malaysia unions (2)?

We have established a partnership with the Confederation of Indonesian Trade Unions (CITU). The CITU has to try to meet as many people as possible before their departure to tell them about their rights and where they can go if they have a problem (to the MTUC, for example), etc. However, Indonesia is a very large country and many migration candidates do not have time to talk to their union before leaving. The union itself does not have the infrastructures or the human resources needed to reach all these candidates, who are in their millions.

We also communicate with the CITU regarding problems encountered by Indonesian workers in Malaysia, so that they can follow up on them with their own government. Until now, we have noticed that the Indonesian embassy shows little interest when we contact it over problems encountered by migrant workers, unlike the Philippine embassy.

We are also cooperating with the Nepalese union GEFONT, although we have not actually signed a formal agreement with it. It informs us when Nepalese migrants come up against problems in Malaysia, and we do the same so that GEFONT can bring it to its government’s attention.

What kind of regional policy could be drawn up by trade unions to effectively meet the challenges raised, like in Malaysia, by this essentially regional migration?

The ITUC regional organisation for Asia-Pacific (ITUC-AP) could play a larger role in coordinating the work on migration in the region, and it has committed to doing so. The MTUC can help migrant workers who come to Malaysia, but we cannot solve the problem of the large sums of money they have to pay before leaving their countries. We need the help of the unions from their countries of origin to do this. The ITUC-AP could push them in this direction, as they are all affiliated to the ITUC, with the exception of Vietnam, which also sends migrants to Malaysia (but the MTUC has very good relations with the Vietnamese General Confederation of Labour).

What impact does working on migration issues have on the image of the MTUC?

Fifteen years ago, many people wondered why we should worry about all these people who contribute to keeping wages low, etc. Over the last seven or eight years, we have worked hard towards changing this attitude among unions and our members. We explain that if migrants obtain a permit to come to Malaysia, we have to do everything we can to ensure that they enjoy the same rights as the nationals. The cost per worker should be the same for all. People are starting to fully understand the importance of this approach. When we asked the government to put a freeze on all new permits following the economic crisis, our members realised that whilst the MTUC helps migrants, it also does everything it can to ensure that Malaysian workers are protected.

Are some companies calling collective agreements into question because of the crisis?

Under our system, when a collective agreement is concluded, it remains valid for three years. Many employers are, however, trying to attack variable elements, such as cutting annual bonuses from two months’ to one month’s pay, for example. They cannot impose it unilaterally – there has to be an agreement with the social partners; otherwise, we could go before a labour court to have the clause of the agreement applied. So some companies come to us for help. When they are companies that have always been open to dialogue, that have always been generous with the workers during the good times, the unions are happy to help them during the bad times. However, if companies were making huge profits in the past but used the agreement providing for a bonus equal to two months’ pay as a pretext for not giving any more, we also demand that the agreement be respected when the tables are turned.

Interview by Samuel Grumiau

Source: International Trade Union Confederation, An Interview by Samuel Grumiau, 11/6/2009

BN government's concern is not the worker (or their unions) but the company (and its shareholders)...What about Pakatan Rakyat?..

The UMNO-led Barisan Nasional government is really not at all interested in the rights of workers, especially their right to unionize - a right that will give workers in Malaysia the ability to unite and demand for better and more just terms and conditions.

UNIONS was the means for workers to come together and negotiate better terms and condition with their employers, and, of course, employers are not at all interested in any form of association and union. They prefer to kepp workers 'divided' - and hence easier to exploit.

Over the years, even the existing Malaysian Unions have been weakened. How? By the retrenchment and VSS schemes that got rid of permanent directly employed workers - and by starting to use workers from Labour Supply companies/agents or Out-Sourcing companies. By doing this, the employer company is no longer the employer, and although working in the same factory/office/premise/banks, these workers are in fact the workers of the respective Labour Supply companies/agents or Out-Sourcing companies. Hence, these workers will not qualify to be members of the existing unions.

Of course, these workers can form new unions, but these will be under a different category - i.e. union of these Labour Supply companies/agents or Out-Sourcing companies, and this is very very difficult as each of these Labour Supply companies/agents or Out-Sourcing companies normally will have the workers on short-term fixed contracts, and they keep their workers apart and separated because they send workers to so many different companies/factories/offices/etc - making it very difficult for workers to unite and organize themselves into worker unions and associations.

NUBE (National Union of Banking Employees) also have been weakened over the years as banks have started 'out-sourcing' large portions of the bank's work to other companies. Most banks have already out-sourced their internet/phone banking, and even their cheque verification work. Security personnel are from Security companies. Maintenance and Cleaning personell are from Cleaning Companies. With more and more automation - ATMs, Internet/Phone Banking, etc - the number of employees will be further reduced - and the end result will be a general weakening of the Unions.

NUPW (National Union of Plantation Workers), once the strongest union in the country was weakened by using workers from these Labour Supply companies/agents or Out-Sourcing companies. Some Plantations today have so few direct employees - maybe just a few for management work - and the rest of the work have been contracted out to other companies, who do the tapping and send the rubber collected to a central collection point, who pluck the oil palm kernels and send to a particular place,...hence, today, even if the NUPW were to go for a 'strike action', which was the most powerful bargaining tool of workers united, it may no longer work..

Employers rule - workers have been weakened, and clearly the UMNO-led BN government is on the side of the Employers...

THE National Union of Hotels, Bars and Restaurants' Workers said 12 of the country's largest hotels were using loopholes in the Employment Act to deny its workers the right to form unions.

NUHBRW general-secretary Emanuel Angelus @ John said the hotels preferred to hire foreigners as they could be manipulated and forced to work under conditions specified in their contracts.

"We learnt that many of the foreign workers are underpaid and forced to do overtime. Their benefits are also inferior as compared to local workers," said John, whose union represents 10,000 workers. - The New Straits Times, 15/6/2009, News Focus/Services sector: Economic slowdown a worry for all

The weakening of workers and workers unions in Malaysia is really something that has been happening for some time - not just now, during the global economic crisis.

Loopholes - these workers are not mine, says company. They are the workers from this and that company - hence, they do not qualify to be members of the union of this company's workers.

The government must do something - and, I suggest...

- Permit only direct employing of workers by companies, where the workers actually work...this means that all workers that work at Hotel MMM are all employees of Hotel MMM, and are thus form a union of Hotel MMM's workers, or join existing union of Hotel MMM's workers....

- Make it mandatory for all employers of 10 or more workers to cause the formation of a workers' union in their company...

Without being organized and being part of a workers' union or trade union, workers are more easily 'cheated' by some employers. They just sign...and sign any document placed in front of them. Some workers also agreed to several months pay-cuts, without even being aware of the fact that they can refuse...or better still agree to it subject to being paid back the amount of wages cut when things improve, or within a defined period of 6 months, etc...or before they are retrenched/terminated. Some companies have deceived workers by giving the impression that they will be paid back later all that will be cut now later, and that is why the workers signed papers agreeing to these pay-cuts....BUT smartly the company did not have anything in writing about 'pay-backs', etc...in the documents that were signed...the workers were cheated. It may most likely not have happened if the workers had been unionized ..

The UMNO-led BN government is caught up with the performance of the share/stock markets...and is much more concerned with the wellbeing of companies and its shareholders - BUT not its workers and their families.

What about the Pakatan Rakyat - where does your concern lie? The workers...or the Companies and their shareholders?

The article in NST quoted above is laid out in full below:-

Alam Anika Sdn Bhd janitor M. Mageswary says her advice to the unemployed is not to wait for the jobs to come to them.

THE National Union of Hotels, Bars and Restaurants' Workers said 12 of the country's largest hotels were using loopholes in the Employment Act to deny its workers the right to form unions.

NUHBRW general-secretary Emanuel Angelus @ John said the hotels preferred to hire foreigners as they could be manipulated and forced to work under conditions specified in their contracts.

"We learnt that many of the foreign workers are underpaid and forced to do overtime. Their benefits are also inferior as compared to local workers," said John, whose union represents 10,000 workers.


* The Malaysian Employers Federation said more than 26,000 people had lost their jobs so far this year.

MEF executive director Hamsuddin Bardan said he expected further job losses despite the RM60 billion stimulus package.
"The package has not provided immediate incentives for companies to retain their employees and the situation remains bleak for local workers."

Another 21,000 workers are expected to be retrenched over the next few months, while some large employers, including CIMB Bank, the country's second largest banking group, has told 36,000 employees to go on unpaid leave for up to six months.


* Despite the economic slowdown, hypermarket Carrefour Malaysia is not planning to retrench workers.

"Carrefour Malaysia is taking steps to minimise the effects of the recession," said Low Ngai Yuen, its marketing and communications director.

She added that the company had taken into account demand for its services.

"We have decided to capitalise on existing talents by offering our staff career-growth opportunities. They include refresher and development courses, monetary incentives like bonuses, merit increment and savings schemes and perks."

"Foreign workers whose contracts have expired will not be rehired. This is in line with the country's policy to give preference to Malaysians."

Carrefour has 17 stores with a staff strength of 4,000. - The New Straits Times, 15/6/2009, News Focus/Services sector: Economic slowdown a worry for all

Another dead in police lock-up - killed or....? Who's guilty? The police, the majistrate, them CCTV monitors ... or

Another suspect 'killed' or just died in police custody at Petaling Jaya's Damansara Police Station...

The victim had allegedly complained to the Majistrate that the police had beaten him - and what did the Magistrate do? Just record it in his/her notebook - or just pretended to do so. Did the Magistrate ask questions of the victim to get details of the police officers that beat him up, or just did not care? Did the magistrate initiate an investigation - after all would this not have been a complaint to the Magistrate - and the Magistrate could heve done something ....

After the victim with an 'obvious bruised eye', who had made complaints about being beaten by police, what was done? Did the Magistrate order that the victim be sent to the hospital?? [Or not, .....and if not, this death may have been by reason of the negligence of the Magistrate..?]

The man is dead - but why is the police trying to paint a bad picture of the man. Maybe, they are just covering their backs... I say that killing a man is wrong, and it matters not whether he was a good bad or the worst of criminals.

In this case, he is but a suspect ---- and hence the presumption of innocence until proven guilty applies,

'Sudden Death" - what is this? This is what the police have apparently clarified this death. Someone hits you and you die - is that sudden death? Someone beat you, you faint (sleeping beside toilet?), and you die without waking up - is this sudden death?

When met at the mortuary, the wife of the dead man, M. Manimatalai, 40, said she suspected foul play as when she last met him on Friday, he had a bruise on his right eye.

“I saw that he had a black eye. I was also informed that when he was brought before a Petaling Jaya magistrate for a remand order, he had apparently told the magistrate that he was being beaten and mistreated by the police while in custody,” said the saleswoman and mother of six.

CCTV - yes, today, all police lock-ups are monitored by 24-hour CCTV cameras, and the police personnel in charge of the lock-ups sit in front of the monitors monitoring what is happening in all the lock-ups. There is also CCTV monitoring in other parts of the Police Stations. [Unfortunately, they, 'the police', are smart - for these CCTV does not have recording capacity - and so we will, most likely, not be able to re-wind the tape and see some passed out victim (after being beaten by police) being returned and placed beside the toilet...] Is the toilet in the lock-up cell? After all, who sleeps beside the toilet?

A suspected thief was found dead in a police lock-up after a guard noticed the 53-year-old man lying flat beside the toilet.

The deceased has been identified as A. Gnanapragasam, a wireman who was arrested on June 10 for allegedly breaking into a house in Sungai Buloh in the early hours of the morning.

Petaling Jaya OCPD Asst Comm Arjunaidi Mohamed said the deceased, whose body was found at around 8.05am yesterday, had been placed in a lock-up with four others at the Damansara police station.

The guard, he said, had immediately called the ambulance.

“Initial investigations have ruled out foul play as there were no visible marks or bruises on his body.

“But we will wait for the post mortem results from the Universiti Malaya Medical Centre before determining the cause of death,” he told reporters at the Petaling Jaya police station.

ACP Arjunaidi added that the deceased, who was from Jalan

Ipoh in Kuala Lumpur, had nine criminal records, mostly involving drug-related offences, and had previously been detained at the Simpang Renggam detention centre.

It is learnt that the remand order on Gnanapragasam, who was being investigated under Section 457 of the Penal Code for breaking-in and theft, was expected to end yesterday.

However, ACP Arjunaindi de-clined to reveal if the suspect was to be charged or released or have his remand extended.

Police had interrogated his cellmates, who all claimed to be sleeping at that time.

When met at the mortuary, the wife of the dead man, M. Manimatalai, 40, said she suspected foul play as when she last met him on Friday, he had a bruise on his right eye.

“I saw that he had a black eye. I was also informed that when he was brought before a Petaling Jaya magistrate for a remand order, he had apparently told the magistrate that he was being beaten and mistreated by the police while in custody,” said the saleswoman and mother of six.

However, ACP Arjunaidi urged all parties not to speculate on the case and allow the police to conduct a thorough investigation.

The case is classified as sudden death. - Star, 15/6/2009, Suspected thief found dead in police lock-up

'Buying' Zaid Ibrahim and other ex-BN people with gifts of 'positions' into PKR must stop - it is betrayal of the Rakyat...

Why is PKR out to woo former UMNO Ministers....and make a big deal when they do join PKR - even maybe appointing them to PKR's Supreme Council? Is Parti Keadilan Rakyat so desparate?

Remember these are persons who were part of the UMNO-led Barisan Nasional - not just ordinary members - but the chosen ones ...the leaders - made MPs ...made Senators...made Ministers - and now so glad is PKR when they come over...

Who are we trying to replace? It makes little sense if we 'welcome with open hands' ....and even give them great gifts and positions....these persons from that 'evil' BN...Soon PKR will be filled will these ex-evil-BN leaders, who will be the leaders in PKR, who have 'repented the wrongs they did'...and have now transformed into good persons with the correct values, concern for justice and human rights?

Malaysians want a change - not just a name change, i.e. BN to PR but real changes that will benefit the people. They(them BN) were the 'enemy' before - but when they fall out with the current leaders of UMNO/BN parties or seem to have not much of a political future in the UMNO/BN parties ....and they jump over - Guess what Anwar Ibrahim himself and the main leadership are out there with open arms 'welcoming' them -- and not just with open arms - but hands laden with gifts as well. Come next elections, I will not be surprised that these former UMNO, MCA, GERAKAN, MIC leaders will be given the chance to run for Parliamentary seats ....what nonsense...Remember, the Rakyat is not stupid - and political parties are not like English Premier League football teams...

Let them who want to jump come over, jump - and let them be just normal members for a while, and let it be policy that they will not be given the chance to run as an Opposition ADUN/MP in the coming GE - maybe, the GE after ... we will see....we will see.

Surely Malaysian civil society, Reformasi Movement, and even the Opposition Parties have persons not just of calibre, but also a long history that shows their commitment to justice, human rights, etc - these are the ones that must be chosen and promoted now within the political parties...These are the ones who have struggled for change for decades - but now Anwar, PKR and some of the other PR parties seem to be just concentrating on 'party hoppers' from BN parties...

Who is Zaid Ibrahim? He has been around for a very long time - and suddenly he says something 'good' recently and we place him on our shoulders and proclaim him leader for Reformasi...for Makkal Sakti... for Change...Sometime, after mid-2008, he started singing a different tune...and resigned from Cabinet...was then got himself sacked from UMNO. What about all that time before that? In less than a year, Zaid Ibrahim from being an UMNO/BN person has changed and now Anwar (without even consulting the President and the Supreme Council of PKR) has already announced that he will be appointed as a member of the Supreme Council...Beware. Look at his history...Remember Perak...

Remember Rais Yatim - when he was in Semangat 46 - he clearly took a position for the repeal of the ISA (and Detention Without Trial Laws) - he was even amongst the lawyers who drafted the Memorandum of the Malaysian Bar for the repeal of these draconian laws. He also wrote a whole treatise about the evil of ISA, .... and, then, he went back to UMNO/BN...the Government, and he played us all out - he is now for the keeping of Detention Without Trial Laws...

Remember Ku Li - when there was a split in UMNO, and the formation of Semangat 46, we foolishly raised him up as the 'head' of the Opposition Front - and, he too, betrayed all when he went back to UMNO...

Then, we had Anwar Ibrahim(the DPM) who had a falling out with Mahathir (the PM) - and again we have raised yet another ex-UMNO person as 'our hero' - our leader of the Opposition Front...and will we be betrayed again?

I worried when I see that Anwar seemed to be only raising 'Azmin Ali' (a former political assistant, a former UMNO person) as his number 2 - after all, Azmin was made the Whip...now there is talk of making Zaid Ibrahim as the 2nd in Command.

Is not that good man Syed Husin Ali, the 2nd in Command in PKR - or is he now only number 3? Or, is he in reality maybe no. 4 or maybe just number 15...Is PKR a democracy? Is it the Supreme Council that decides...or is it just Anwar that decides, and the Supreme Council just agrees...

PKR needs to promote from within his ranks at least 5 -6 persons (or more) as its leaders, and these must not be the ex-BN persons...(It is sad that even on the logo at PKR's website - we see only one face, i.e. the face of Anwar. In 2004 GE, it was Anwar and Wife...surely this must change...PKR's main logo should have the faces of Syed Husin and other leaders - faces that will reflect that it is a multiracial multi-religious multi-cultural party - not just the face of Anwar...

Former law minister Zaid Ibrahim, who quit the cabinet and was subsequently sacked from Umno last year, has joined opposition party PKR today.

MCPX

The announcement was made by PKR de facto leader Anwar Ibrahim at the PKR extraordinary congress in Bangi, Selangor this afternoon.

Anwar said that Zaid’s membership in PKR will help boost the party because “he is known for his bravery in defending human rights and the independence of judiciary".

...Anwar said Zaid will soon be appointed as a member in the party’s powerful supreme council and its political bureau, pending approval from PKR president Dr Wan Azizah Wan Ismail...

He was however not picked to defend his seat at the 2008 general election after falling out with party chieftains in Kelantan.

Nevertheless, he was appointed a senator by former prime minister Abdullah Ahmad Badawi in March 2008 and was brought into the cabinet- Malaysiakini, 13/6/2009, Ex-Umno minister Zaid joins PKR

Another case in a report, just one day later, in Malaysiakini...

Despite his attempt to express his loyalty to Gerakan, it is learnt that Huan would meet PKR supremo Anwar Ibrahim during next week's parliamentary sitting to discuss a possible move to the Pakatan Rakyat coalition.

Sources said Huan was positioning himself for a strong deal with the PKR leadership to ensure that he would join PKR at a high level.

Since he was a Gerakan vice-president, Huan and his colleagues would definitely seek some senior positions in PKR. - Malaysiakini, 14/6/2009, Huan to stay put in Gerakan after all

Anwar Ibrahim the "Ketua Umum Parti"[General Leader of the Party] - is this an elected position or a 'for life' uncontestable position?

I have been wondering about the position being held by Anwar Ibrahim - and so I went to the PKR Website, and it showed Anwar as being the "Ketua Umum Parti"[General Leader of the Party], and he seems to be listed even above the Party President, who is Datuk Seri Wan Azizah Wan Ismail, and the Deputy President, Dr Syed Husin Ali.

Majlis Pimpinan Tertinggi (2007 - 2010)

Ketua Umum Parti	Datuk Seri Anwar Ibrahim (URL)
Presiden	Datuk Seri Wan Azizah Wan Ismail
Timb. Presiden	Dr Syed Husin Ali
Naib Presiden	Sdr Azmin Ali Dr Lee Boon Chye Sdr Mustaffa Kamil Ayub Sdr Sivarasa Rasiah Datuk Dr Jeffrey Kitingan
Setiausaha Agung	Dato' Salehuddin Hashim
Timb. Setiausaha Agung	Sdr Abdul Halim Mohamed Yussof Sdr Jonson Chong Sdri Suzana Manja Ibrahim
Bendahari	Sdr William Leong
Timb. Bendahari	Tengku Maraziah Tengku Sulaiman
Ketua Penerangan	Sdr Chua Tian Chang @ Tian Chua
Pengarah Pilihanraya	Hajjah Zainon Jaafar
Timb. Pengarah Pilihanraya	Hajah Fuziah Salleh
Pengarah Strategi	Sdr Saifuddin Nasution Ismail
Pengerusi Tetap	Haji Hishamuddin Ismail
Timb. Pengerusi Tetap	Sdr Khazizi Ahmad
Ahli-Ahli MPT	Sdr Dominique Ng Kim Ho Dr Badrul Amin Bahron Dr Mansur Othman Sdr N. Gobalakrishnan Dr Zaleha Mustafa Sdr Mohd Yahya Sahri Sdr Johari Abdul Sdri Irene Fernandez Sdri Christina Liew Kapt (B) Usaili Alias Dato Dr. Zainal Abidin Ahmad Sdri Latheefa Koya Sdr Saiful Izham Ramli Haji Osman Abdul Rahman Sdr Badrul Hisham Shahrin Sdr Ansari Abdullah Sdri Animah Ferrar Sdr Khalid Jaafar Sdr Zakaria Abd Hamid Sdr Cheah Kah Peng Sdr Omar Jaafar Sdr S. Manikavasagam Sdr Ang Hiok Gai - PKR WEBSITE

I wonder whether this is an elected position - or is it a for life position?

How was Anwar Ibrahim made the "Ketua Umum Parti"[General Leader of the Party]. Did the membership vote for him? I think not. Maybe, it was the Supreme Council that elected him...

Who is this "Ketua Umum Parti"[General Leader of the Party]? Is he above the Party President. Is he the de fracto PKR President? After all, he behaves like the Party President, and we have really heard very little from the Party President herself. She resigned her MPship - and Anwar is the new MP for that area, and have also taken over as the Opposition Leader in Parliament.

Some say Anwar is really not a member of PKR - and that is why he is just an 'Advisor' of the party - this "Ketua Umum Parti"[General Leader of the Party]. Some say that he still his a 'wrongly expelled UMNO member' with aspirations to return to UMNO, with the ability to claim that he never once betrayed UMNO by consciously joining any other political party. In a recent interview on Thai TV, I was shocked when Anwar said that he abandoned his idea of returning to UMNO only 4 years ago (mmm that would make it 2005...), and that is very disturbing.

These are doubts best clarified by Anwar himself...we need Anwar to be clear that he is with Pakatan Rakyat (and against the UMNO led-BN), and that he would not suddenly lead his team of ex-UMNO, ex-MCA, ex-MIC and/or ex-Gerakan people from the PKR and return back to UMNO and the BN...

I belive he should just be Party President - and maybe, Wan Azizah should just resign as President - and Anwar should just stand for President of the party, and be 'elected' by all its members, so that it can be said that he leads PKR with the mandate of all its members. To date, his position cannot be said to have the mandate of the about 300.000 PKR members. [Or maybe, there is no provision for the elections if the President suddenly resigns...]

There has been major constitutional reforms made at the recent PKR General Meeting, and maybe this should also have been considered. What is the term of the office of "Ketua Umum Parti"[General Leader of the Party]? Can one person hold this position for a maximum of 3 terms of 3 years each? Is this an elected position?

Sadly, the Constitution of PKR (or its newly amended constitution) was not there in the PKR Website...Maybe, someone can help direct me to where I could get hold of this Constitution?

PKR delegates at the party’s extraordinary national congress today gave their stamp of approval to major constitutional changes after four and a half hours of “lively debate” held behind closed doors.

MCPX

According to party communications director Jonson Chong (left in photo), 1,064 representatives from all states, as well as those from the youth and women’s wing, “voted overwhelmingly in favour of change and democracy”.

“After an emotional vote-counting process, the votes in favour of the reforms numbered 941, with 103 against and 9 abstentions,” said Chong at the end of the one-day special meeting which was held at the Selangor International Islamic University in Bangi.

Among the key amendments are:

• Direct elections for divisional and central leadership positions.

• Change of terminology for divisions and branches (from ‘bahagian’ to ‘cabang’, and ‘cawangan’ to ‘ranting’).

• Implementation of a policy of 30 percent involvement of women in all levels of the party’s leadership.

• Reduction of the age limit of the Youth wing to 35.

Chong said that the delegates voted in favour of all the amendments “en bloc”.- Malaysiakini, 13/6/2009, PKR delegates back bold amendments

Burmese migrants in Thailand and Malaysia demand equal rights (Mizzima, 10/6/2009)

Burmese migrants working in Thailand and Malaysia have released a joint statement on the impact of the global economic crisis on Burmese migrant workers, urging relevant governments to address their concerns.

Burmese migrants, support groups, trade union leaders, human rights activists and lawyers from Thailand and Malaysia noted in a statement released on Tuesday following a conference in Bangkok that the Thai and Malaysian governments’ response to the situation of migrant workers affected by the economic crisis has not been comprehensive, failing to provide adequate protection for workers.

“Migrant workers are not even included in these [economic assistance] programs and are thus expected to deal with the impact of the economic crisis by themselves,” according to the release.

“Employers must not use the economic crisis as an excuse to dismiss workers or close down factories without adequate notice to the workers,” added the group.

They also noted that employers currently fail to adequately compensate migrant workers, calling for the establishment of a mechanism to ensure just compensation in addition to appealing for equal access to programs aimed at lessening hardship stemming from the economic crisis.

Specifically, the group seeks the abolition of Malaysia’s ‘Foreign Workers First Out’ principle – a policy necessitating migrant workers lose their jobs before local workers in times of crisis regardless of time on the job.

Burmese migrants in both Malaysia and Thailand have also reported accidents in the workplace due to sub-standard occupational health and safety standards and enforcement.

“The governments of Thailand and Malaysia should ensure that employers do not take shortcuts on matters concerning health and safety of workers and facilitate migrants’ access to the legal mechanisms to receive compensation when accidents do occur,” argues the consortium.

Further, due to the undocumented status of many parents, migrant children often have difficulty in accessing education. As a result, the group calls for the governments of both countries to support the education of migrant children in both formal and non-formal education systems.

The group is additionally concerned for those migrants lacking official status or without full status. In such an atmosphere, without proper protective mechanisms in place, it is said migrants can be subjected to the arbitrary decisions or desires of employers and governments alike.

Because of their lack of protection, migrants face an increased risk of arrest, detention and deportation. “We are deeply concerned about the recent reports of deaths of migrants in detention in Malaysia, deaths which could have been avoided with proper access to health care,” stipulate the aggrieved.

The statement concluded by calling for the Association of Southeast Asian Nations and its constituent parts to abandon their constructive engagement policy toward the Burmese regime which, they contend, serves merely to prolong the injustice in Burma.

The joint declaration followed the second Two Destinations One Origin Conference organized by the MAP Foundation (Thailand), Workers Hub for Change (WH4C) and Network of Action for Migrants in Malaysia (NAMM).

Source: Mizzima, 10/6/2009, Burmese migrants in Thailand and Malaysia demand equal rights

Many called for its abolition BUT UMNO-led BN government wants to increase the number in RELA - WHY?

Many have called for the abolition of RELA (this infamous volunteer corp) - but alas the government of Malaysia ears is not only deaf to this call - but there are plans to increase the number of these 'gun-totting' untrained volunteers to about 2.5 million by 2020.

There are presently less than 100,000 members of the Malaysian police - the main body of persons tasked with the duty of law enforcement. We really need to increase the number of police in this country..

We need professionally trained full-time public servants to be do law enforcement - not some volunteer corp.

Ask the question, why the UMNO-led BN government is so interested in increasing the numbers in RELA...but not so much in encouraging Malaysians to join the other existing volunteer groups

If they wanted more persons to come forward and become volunteers then they should have asked for more to join the volunteer police, the volunteer army/navy/air force, the volunteer fire department, volunteer civil defence force, the 'bulan sabit merah'(red cresent society) - yes, in Malaysia, we have so many options where volunteers can volunteer their services. And all these bodies are under the leadership and/or guidance of professionals who do give their volunteers intense trainings.

Why not get people to join these already existing volunteer groups?

Maybe, because these groups come under the responsibility of the IGP, the head of the army, etc - but RELA does not. This means that our UMNO-BN politicians can be the head of this RELA - and after all RELA is not a democratic body - and leaders can be appointed by the top. So, maybe RELA is the solution of UMNO-led BN to try reach out and recover lost political support from amongst especially the youth of Malaysia.

The PLAN:
- Get them to go for that compulsory National Service - and then recruit them into what really is "UMNO-BN's RELA".
- Get them at the University and Institutes of Higher Learning..

The Ministry will continue to encourage youths, National Service trainees, students of Higher Learning Institutions to join Rela

RELA's 500,000 force is a big and powerful body - and being a uniformed body of sorts, they are expected to follow orders without question. Only UMNO and BN leaders will be permitted to influence the RELA. Will PAS, DAP, PKR or other persons be permitted to influence the RELA members? I do not think so...

The Home Ministry hopes to increase the number of Rela members from 556,286 (current figure) to 2.5 million by 2012 said Home Minister Datuk Seri Hishammuddin Tun Hussein.

The additional members comprising all races would not only strengthen Rela but also form a human wave made of volunteers to help achieve the 1Malaysia concept.

"Since there are a number of political, religious and racial issues, there need to be a bridge like Rela, to unite the people," he told reporters after a meet the people session organised by Rela here Friday.

Hishammuddin said according to statistics as of April 30, there are 556,286 Rela members (492,917 men and 63,369 women) and from the total, 346,352 were Malays, 84,849 Chinese and 25,899 Indians.

The Ministry will continue to encourage youths, National Service trainees, students of Higher Learning Institutions to join Rela, he said. - Bernama, 17/5/2009, Home Ministry Targets 2.5 Million Rela Members By 2012

See earler posts:

Abolish RELA - RELA only brings shame to Malaysia

RELA man outraged woman's modesty - Abolish RELA now,

Disband Rela (People's Volunteer Corps) in the interest of justice and human rights,

RELA’S “CATCH A MIGRANT AND GET PAID FOR IT” POLICY MUST END

JOINT STATEMENT BY MALAYSIAN CIVIL SOCIETY ON PAS RESOLUTION TO BAN SISTERS IN ISLAM

JOINT STATEMENT BY MALAYSIAN CIVIL SOCIETY ON PAS RESOLUTION TO BAN SISTERS IN ISLAM

We the undersigned are deeply disturbed by the call on the part of the Pan-Malaysian Islamic Party (PAS) to have Sisters in Islam (SIS) banned and its members rehabilitated should its activities be determined to be contrary to the Islamic shariah. It is apparent to us that in making the call in the manner that it has, PAS has already formed the view that SIS should be banned and its activities brought to an end.

While we respect the freedom of members of PAS to associate in a manner that they consider appropriate or warranted as well as their freedom to express a view in association on such matters as they see fit, the members of SIS, or any other organization for that matter, are equally guaranteed those freedoms. No one person or organization has a monopoly over the right to express views on matter of public importance. The call to silence SIS and send its members for rehabilitation is an act of violence against those freedoms and their constitutional underpinnings. It also lends itself to further closure of the already narrow space of public discourse and debate that a slew of anti-expression laws have allowed Malaysians.

For Malaysia to mature into the democracy that Malaysians aspire to, it is vital that diversity, even of views, be protected and nurtured. Respect for the freedoms guaranteed to all Malaysians by the Federal Constitution, be they members of PAS or any other organization or simply individuals, is crucial to this endeavor.

The demand for action against SIS culminating in a ban is not easily reconciled with PAS public rhetoric in favour of a more democratic and inclusive Malaysia.On the contrary, the demand is wholly anti-democratic. We reiterate that though members of PAS are entitled to their views, the call for the banning of SIS is wholly unacceptable. As a matter of principle, the question of banning any organization purely for their views should not arise at all. Differences of views must be respected and, if at all, be resolved through constructive engagement.

In view of this, we urge PAS to reconsider its position and take such steps as are necessary to retract the call for action against SIS.

Signed by:

Organisation

1. Aliran
2. Amnesty International Malaysia
3. Asian-Pacific Resource and Research Centre for Women (ARROW)
4. AWAM
5. Bar Council Human Rights Committee
6. Bus Users Group, Penang
7. Cakap Rakyat Group
8. Centre for Independent Journalism
9. CIJ
10. Civil Society Committee Of LLG Cultural Development Centre (LLGCSC)
11. Civil Society Initiative For Parliamentary Reform (CSI@Parliament)
12. CPI
13. DAPSY
14. Five Arts Centre
15. Friends-In-Conversation
16. Group Of Concerned Citizens And Monitoring Sustainability Of Globalisation
17. Health Equity Initiatives
18. HRC
19. Instant Cafe Theatre
20. KOMAS
21. National Institute for Electoral Integrity
22. NCWO
23. OHMSI
24. PBT (Persatuan Bahasa Thionghua) USM
25. Penangwatch
26. Perak Women For Women Society (PWW)
27. Persatuan Kesedaran Komuniti Selangor (Empower).
28. Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS)
29. Persatuan Sahabat Wanita Selangor
30. Sarawak Women For Women Society
31. Sekretariat Anak Muda Malaysia
32. Sisters In Islam (SIS)
33. SOS (Save Ourselves), Penang
34. SUARA RAKYAT MALAYSIA (SUARAM)
35. The Fahmina-institute Cirebon
36. The KL & Selangor Chinese Assembly Hall Youth Section
37. WAO
38. WCC
39. Women's Centre For Change (WCC) Penang
40. Women's Learning Partnership (WLP)
41. Worker Hub For Change (WH4C)
42. Writer Alliance For Media Independence (WAMI)

Only 42,309 refugees from Burma in Malaysia - Are you kidding? Estimated about 500,000 undocumented peoples of Burma in Malaysia.

There is about 500,000 to 700,000 undocumented migrants from Burma in Malaysia. And many of these are in fact 'refugees' - but alas UNHCR is extremely slow in carrying out its work.

Maybe, the government of Malaysia ( or the UNHCR) must presume that all from Burma are refugees and give then the necessary cards. Later, there can be deeper investigations, and if the investigations reveal that this person is not a refugee, an asylum seeker or a 'person of concern' - then remove hpis/her name.

How many Shans have refugee status? The 2 biggest ethnic groups of Burma (now known as Myanmar) are the Burmans and the Shan - and I wonder why the UNHCR does not give us statistics as to how many Burmans have refugee status...how many Shan have refugee status?

As of end March 2009, there are some 47,600 refugees and asylum-seekers registered with UNHCR in Malaysia.42,309 are from Myanmar, comprising some 15,200 Rohingyas from the Northern Rakhine State of Myanmar, 15,800 Chins, 4,000 Myanmar Muslims and the remaining are other ethnic minorities from Myanmar.

There are some 5,280 refugees and asylum-seekers from other countries, including some 2,450 Sri Lankans, 700 Somalis, 555 Iraqis and 550 Afghans.

66% of refugees and asylum-seekers are men, while 34% are women. There are some 14,200 children below the age of 18. - UNHCR Malaysia Website

Shan People of Burma - I wonder why the UNHCR is not giving the Shan refugee status? A big mystery, which the UNHCR need to give us the reason for its actions. Is UNHCR biased against certain ethnic groups?

Myanmar has about 130 ethnic groups.and there are real differences between them. The main groups are the Burmese, the Shan, the Mon or Talaing, the Karen, the Chin, the Kachin, the Salon and other.Of Myanmar people the Burmese are the largest group. Of the Myanmar ethnic groups the smallest and most backward are the Salon People, who inhabit the islands off the southern coast, mainly in the Mergui or Myeik archipelago, further south in Thailand they are called Moken.

Malaysians believe that they are masters, and domestic workers their 'slaves'...

The inhumanity of Malaysians who employ domestic workers is shocking

They force these domestic workers to work long hours (longer than 8 hours per day...), sometimes even 24 hours - but there is no overtime. Sadly, many of these employers of domestic workers are workers themselves - and they would have protested strongly if they were forced to work such long hours. They would have demanded their overtime rates (1.5 times the normal rate).

We do not need the domestic worker all the time - and maybe, employers should assign the hours of work making sure that the total number of working hours do not exceed 8 hours per day (or 48 hours per week). If you require your domestic worker to work for longer hours - it will be just to get the worker's consent and also pay her 'overtime'..

One day off per week - this is already in the Immigration Department Agreenment Form for Domestic Workers - but alas, many domestic workers do not get their one day off per week.

Sadly, the government has also failed to come up with a clear law that provides clearly that domestic workers are entitled to one day off per week..

Remember, they are not slaves - you pay them a wage and they work for you. They are workers, and like any other worker, their rights must be respected...

Malaysian Trades Union Congress (MTUC) wants the government to declare a compulsory weekly day off for domestic workers to enable them to go to the Labour Department in case they need to report any mistreatment.

Referring to the case of Indonesian maid Siti Hajar who calimed that she was abused by her employer for the past three years, MTUC secretary-general G. Rajasekaran said this measure must be taken due to the rising reports of abuse, torture and inhumane treatment among foreign domestic workers.

"Compelling domestic workers to work 16 hours a day, seven days a week and 365 days a year is not illegal," he said, adding that this group of workers, numbering more than 300,000 throughout the country, were also not entitled to any legal protection.

"The only protection the workers have is that they can go to the Labour Department to complain about non-payment of monthly salaries, but without a weekly day off they are denied free movement," he said in a statement here Tuesday.

He urged the Human Resources Ministry not to turn a blind eye to these reports as thousands of foreign domestic workers in the country were made to endure beatings, poor living conditions, and suffer in silence.

Siti Hajar, 33, from west Java, who could no longer stand the abuses, fled from her employer's residence in Lanai Kiara Kondominium, Mount Kiara, yesterday.

She also claimed that she had not been paid any salary since the first month of her employment and the total salary due to her now stands at RM17,000.

The Indonesian ambassador here, Tan Sri Da'i Bactiar, told reporters yesterday that Siti Hajar was not only beaten but was only fed plain rice and occasionally with pork. - Bernama, 9/6/2009, Compulsory Weekly Day Off For Domestic Workers

746 workers died in industrial accidents in Malaysia in 2008

Recently, we had 7 workers who died during the former Jaya Supermarket demolition accident. Later, it was revealed that the said employer did not have the necessary approval of the Department of Occupational Safety and Health (DOSH).

Now, it has been revealed that in 2008, there were 44,918 industrial accidents, and 746 workers died. This is unacceptable.

No information have been provided as to whether action have been taken against the negligent parties.

No information as to whether these workers and/or their dependents have received their compensation under the SOCSO (for local workers) and Workmen's Compensation (for foreign workers).

How many foreign workers died? Did their dependents receive their compensation?

The 'secretive' maner of reporting makes us wonder whether the 7 who died at the recent Jaya Supermarket incident were documented or undocumented workers. Were they registered workers - entitled to the SOCSO/Workmen's Compensation?

Should undocumented (or 'illegal' ) workers be entitled to receive the compensation provided for under these social security schemes/insurances when they meet with an industrial accident or die as a result of this accident? YES - reasonably and justly they should get their due compensation.

Mr Minister, tell us more and re-affirm us that these undocumented workers also get the said compensation when they are victims of industrial accidents.

There were 44,918 accidents at the work place in the country for the whole of last year with 746 fatal cases.

The Deputy Minister of Human Resources, Datuk Maznah Mazlan, said the figure was quite high and the Department of Occupational Safety and Health (DOSH) would intensify efforts to reduce the rate.

She said the DOSH was responsible in ensuring that employers implemented and complied with all the guidance and procedures on safety and health at the work place.

The ministry noted that many employers were still neglecting the aspects of safety at the work place and were reluctant to register with the DOSH, she said.

"For example, out of the total of 215 estates and plantations in Negeri Sembilan, only 126 were registered with the DOSH," she told reporters after opening the seminar on occupational safety and health in the agricultural and livestock breeding sectors organised by the DOSH, Negeri Sembilan at the Industrial Training Institute, Pedas, near here today.

Maznah said most of the industrial accidents involved the manufacturing and agricultural sectors.- Bernama, 28/5/2009, Rate Of Industrial Accidents Still High

What are the laws that cover workers when it comes to industrial accidents (including travel to and from the workplace)? Here is just some brief general points, that I found from the Port Klang Free Zone website

Two compensation schemes provided for local and foreign workers are as follows:

1. Social Security Organisation (SOCSO):

• Administers the Employment Injury Insurance Scheme and the Invalidity Pension Scheme provided under the Employees' Social Security Act 1969. Socso only covers Malaysian workers and permanent residents.
• All establishments, including factories, employing workers earning wages not exceeding RM2,000 a month are required to insure their workers under the two social security schemes.
• The Employment Injury Insurance Scheme provides employees with coverage by way of cash benefits and medical care in the event of any disablement or death due to employment injury. Only the employer pays the contribution of about 1.25% of the employees' monthly wages.
• The Invalidity Pension Scheme provides 24-hour coverage to employees against invalidity and death due to any cause before attaining the age of 55 years. The 1% monthly contribution is shared equally between the employer and employee.

2. Foreign Workers' Compensation Plan (FWCP) - Malaysia

• The Workmen's Compensation Act 1952 administered by the Department of Labour provides for the payment of compensation to workmen in the event of injuries arising from their employment. Where fatalities occur, the Act provides for the payment of compensation to the workers' dependants.
• The Act covers private sector workers who earn less than RM500 a month and all manual workers irrespective of their wages.
• Malaysian and permanent residents who are covered by SOCSO are NOT covered by this Act.
• All foreign workers come under the purview of the Act in respect of compensation for employment injury as well as non-employment injury via the Workmen's Compensation (Foreign Workers' Compensation Scheme) (Insurance) Order 1998.
• Under Section 26(2) of the Amended Act 1996 of Workmen's Compensation Act 1952, it is mandatory for every employer to insure all the foreign workers employed by him under an approved insurance scheme in respect of any liability he may incur.

Migrants from Burma Working In Thailand and Malaysia (Joint Statement - 9/6/2009)

JOINT STATEMENT of Migrants from Burma
Working In Thailand and Malaysia
June 9 2009

We, migrants from Burma, live in a perpetual state of crisis and the global economic crisis is further adding to our difficult and sometimes desperate situation

We, migrants from Burma and migrant support groups, trade union leaders and human rights activists and lawyers from Thailand and Malaysia, met and discussed the impact of the global economic crisis on Burmese migrant workers at the 2^nd Two Destinations One Origin Conference organized jointly by MAP Foundation (Thailand), Workers Hub for Change (WH4C) and Network of Action for Migrants in Malaysia (NAMM). We are concerned that Burmese migrants live in a perpetual state of crisis and that the global economic crisis is further adding to their difficult and sometimes desperate situation. We therefore appeal to the governments of Malaysia, Thailand and the ASEAN on the following issues.

We are concerned that Thailand and Malaysia governments’ response to the situation of workers affected by the economic crisis has not been comprehensive and does not provide adequate protection for workers. Migrant workers are not even included in these programs and are thus expected to deal with the impact of the economic crisis by themselves.We call on the Malaysian government to immediately stop the unjust, discriminatory and unconstitutional policy and practice, known as ‘Foreign Workers First Out’ (FWFO) principle. According to this policy migrant workers lose their jobs before local workers regardless of length of time in the job.

We call on Malaysia and Thailand to demand that all employers fulfill their contractual agreements with regard to all workers, including foreign workers. Employers must not use the economic crisis as an excuse to dismiss workers or close down factories without adequate notice to the workers. Mechanisms should be put in place to ensure that employers pay workers adequate and just compensation for any early termination of employment agreement.

The social protections provided during these times of economic crisis to retrenched workers which include payment of 50% of salary for six months in Thailand and re-training and new job placements in Malaysia should be extended to cover all workers including migrant workers.

We ask the governments to ensure that employers of migrant workers bear all the costs of employing migrant workers. Employers in Malaysia should not make deductions from migrants wages to cover the levy that employers have to pay. Employers in Thailand should not make deductions from migrants wages to cover the registration fee that employers have to pay. The only permissible deductions should be with regards to social security schemes for workers.

We are deeply concerned that all workers wages are falling below a living wage. For migrants the impact of a further reduction may have severe repercussions on the well-being of the workers and their families in Burma who rely on these wages for survival and for settling the debts incurred in the migration process.

Burmese migrants in both Malaysia and Thailand have reported accidents in the workplace due to the sub-standard occupational health and safety standards and enforcement. We call for the governments of Thailand and Malaysia to ensure that employers do not take shortcuts on matters concerning health and safety of workers and to facilitate migrants’ access to the legal mechanisms to receive compensation when accidents do occur. Migrants should also have the freedom of association.

Thailand and Malaysia’s health systems are trying to cope with new and different health issues such as H1NI, Chirkungya, Leptospirosis and Avian flu. In these times of economic crisis, it is imperative that no sector of society be excluded from the right to health. We call on the Thai and Malaysia government to set up effective national free universal health care systems without exceptions, and to work closely with migrant communities for health promotion.

The future of our region depends on the education of the children, and the children of migrant workers must be included in this future. We call for the governments of Malaysia and Thailand to support the education of migrant children in both formal and non-formal education systems.

All migrants have a precarious legal status in Malaysia and Thailand. The majority of migrants are completely undocumented while those with legal or semi-legal status too easily lose their status. Migrants can become illegal by reason of poor policy and practice, by negligence on the part of government officials, by irresponsible actions of the employers or when the migrants attempt to fight for their rights.

Consequently all migrants risk arrest, detention and deportation or threats thereof. We are deeply concerned about the recent reports of deaths of migrants in detention in Malaysia, deaths which could have been avoided with proper access to health care.

Due to the on-going multiple crises in Burma at the hands of an illegal regime, migrants from Burma are forced to leave the country without any preparation, information, safety or documents. The governments of Thailand and Malaysia need to recognize and respond to this reality and ensure that Burmese migrants are not criminalized.

In Thailand, the new registration is a welcome move however we are concerned that forcing migrants to work only within one sector is contrary to all labour rights principles.

We therefore call on Malaysia and Thailand to devise programs which protect the rights of migrants and ensure that migrants can exercise their labour, social, cultural, economic and political rights.

Lastly, we call on the ASEAN and its member nations to abandon their constructive engagement policy with the Burmese regime which only serves to prolong the injustice in Burma.


For further information please contact:

Network of Action for Migrants in Malaysia (NAMM): Ms Pranom Somwong (+6019 2371300)
MAP Foundation: Ms Jackie Pollock (+66860904118; twodestinations@yahoo.com)

Bringing back Malaysians in prisons to serve remaining sentence in Malaysian prisons is wrong...

What does 'Equality' mean? Equality means also

All these talks about sending foreign prisoners back to their country to spend their remaining prison terms in the prisons of their respective is utter nonsense - and it goes against the principal of equality.

Will prisons in their home country be better or worse of than Malaysian prisons? This certainly throws the guarantee of 'equality' that we have in our Federal Constitution..

What about their right of appeal? Remember, in Malaysia there is 2 rights of appeal. So, will a foreign prisoner be deprived of that right because now he is half way across the world in a prison of his country.

Good behaviour in prison whilst serving your sentence results in early release - a shortening of your prison sentence. Will the prisoner - now sent to a prison in some other country be accorded this right?

A person commits a crime in Malaysia - he is tried by a Malaysian Court and he is thereafter sentenced to prison for a certain term, and that is why he must serve his time inj prison here in Malaysia, and have full access to all rights accorded to a prisoner in Malaysia.

It may not even be an offence in his home country - and it will be quite odd for him to be serving time in a prison in his country.

The same offence may invite a different sentence in his home country (compared to the sentenced imposed by law in Malaysia).

YDP Agung wants to pardon some prisoners (will that Burmese in Malaysian prisons before BUT now serving his time in a Burmese prison) be even considered...

After all we are talking about Malaysian prisoners - convicted by Malaysian courts...sentenced in accordance to Malaysian laws... (The same argument applies for Malaysian prisoners whom the government will bring back to serve their sentences here in Malaysian prisons...)

Really, our home Minister must study the matter further (or just withdraw this suggestion of his), for I fear that putting his ideas into practice would not only be against the constitutionally guaranteed equality in Mallaysia, but may also be unjust and against human rights...

Malaysians in prisons overseas will soon be able to serve out their sentences at home as laws for a prison transfer programme are being drafted, said Home Minister Datuk Seri Hishammuddin Tun Hussein.

He said the programme which would be put in place with the amendment to the Prison Act would also allow foreign inmates in Malaysian prisons to serve their sentences in their respective home countries.

Friendly couple: Hishammuddin (right) and his wife Datin Seri Tengku Marsilla Tengku Abdullah chatting with Sabah Prisons Department staff members after the launch of the new building of the Sabah Prisons headquarters in Kota Kinabalu yesterday.

Foreign prisoners made up over 40% or 15,279 of the 37,242 inmates in 30 prisons nationwide.

“We hope this move will not only allow us to bring back our people in foreign prisons, but also overcome the problem of overcrowding in ours,” he said at the opening of the RM7.6mil new Sabah Prisons Department headquarters in Kepayan here yesterday.

Hishammuddin said the Home Ministry was also looking at various other ways to tackle overcrowding problem.

This, he said, included the expansion of the parole system which was introduced in July last year and introducing alternative sentences which did not require imprisonment for minor offences and those who contravene the Immigration Act.

“This is part of our overall plan to reform all the laws under us to meet the current need,” he said.

He said the Government had also approved the plan to build 16 new prisons nationwide with a holding capacity of 18,000.

The total holding capacity of all prisons nationwide currently stands at 32,000.

He added that steps were being taken to provide vocational and skills training under the integrated school concept in prisons and Henry Gurney School, which is a juvenile detention facility.

“We want to stress on rehabilitation programmes in our detention centres so that prisoners, especially young criminals can learn new skills to prepare them for lives outside the prison once they are released,” he said. - Star, 9/6/2009,Government drafting prisoner exchange laws

Migrant Rights International(MRI) makes it 126 groups concerned about healthcare in detention places - 2 died of Leptospirosis

Joint Statement - 23/5/2009

* The Joint Statement was also handed over to SUHAKAM on 25/5/2009, and received by HR Commissioner Khoo Kay Kim.
* The Statement was also send to the Prime Minister, the Home Minister and the Health Minister.

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 126 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

Federation of Trade Unions - Burma

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)

Migrant Rights International (MRI)

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



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

90% estates in Malaysia fails to meet Occupational Safety and Health standards ...

It is workers that we must be concerned about - and it is shocking to find out that now 90% of the estates in Malaysia have failed Occupational Safety and Health Department's safety level.

Will the government take action against these employers? Or will be waiting for the serious industrial accidents that result in serious injury or even death...

Only 50 out of the 581 estates audited by the Occupational Safety and Health Department passed the safety level set by the Human Resources MInistry.

Minister Datuk Dr S. Subramaniam said the figure was worrying as there were more than 3,000 estates in the country.

“We are worried but we are doing something to improve the figure,” he told reporters after launching an occupational safety and health carnival at the Seri Intan Estate yesterday.

Dr Subramaniam said among others, the ministry would conduct regular audits and hold more carnivals on occupational safety and health issues.

He also urged estate workers to assume more responsibility for their own safety, adding that sometimes they did not bother to use the safety equipment supplied to them by their employers.

He said the cases of reported industrial accidents had also declined from 58,365 in 2004 to 44,918 last year, with manufacturing, construction and agriculture recording the highest number. - Star, 24/5/2009, 90% of audited estates found to be ‘unsafe’

Rights of foreeign spouses of MALAYSIANS being highlighted again

Foreigners married to Malaysians should be treated equally as locals and be recognised as a part of our society, said Deputy Women, Family and Community Development Minister Datin Paduka Chew Mei Fun.

“It is ridiculous for pregnant foreign wives to pay double the medical fees when they are giving birth to Malaysian children,” she said after attending a forum and workshop on foreign spouses in Malaysia, organised by Wanita MCA and the Institute of Strategic Analysis and Policy Research here yesterday.

She said the party and the Women’s Aid Organisation had received requests from foreign spouses to help them obtain citizenship and permanent resident status.

MCA Public Services and Complaints Department head Datuk Michael Chong said he had dealt with cases of foreigners who were forced to return to their home country because their Malaysian husbands wanted to divorce them.

He would be presenting some solutions to Home Minister Datuk Seri Hishammuddin Tun Hussein. - Star, 6/6/2009, Treat foreign wives equally, says Chew

See also older posts:-

Are foreign spouses now being discriminated based on their nationality?

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

What happens when an undocumented migrant is robbed, beaten-up, raped?

What happens when an undocumented migrant is robbed, beaten-up, raped?

Can they go make a police report?

Many victims of crime are afraid that when they do go and make a report - it is they, the victims, who may end up getting arrested, detained and deported - because they are 'undocumented'?

Victims of crime get no justice - from the frying pan, they just end up in the fire..

And...the perpetrators of these crimes just get away scot free.

Victims of crime should have the ability to go report the crime - and be not persecuted by reason of their legal status in Malaysia...

Are we more racist now? Are the young or the old more 'racist' in Malaysia?

When I was growing up in the 70s, my best friends were Khairul Annuar and Ng Kok Leong - and there was not much of 'racism' then. We used to have cakes and curries being taken over to our Muslim and Buddhist neighbours - and they sending over food as well. I remember spending hours and hours in my neighbours homes - and was treated as one of the family - not as an Indian - a Christian. We saw people then as human beings...

Today, even when I call my Muslim friends over - there is some hesistancy about even dropping by - let alone having a drink using a glass. Now, many Muslim visitors insist one being served canned drinks or packet drinks. I see also that students in my town now seems to be only hanging around with persons from the same ethnic same religious background..

Is ethnicity and religion today become more a cause of division amongst Malaysia - Maybe it has. What with UMNO's Hishamudin's Kris yielding - and even Najib's racist/religious extreme behavior in 1987 - I am sure that Malaysians are maybe becoming more and more conscious about the differences.

Is it only BN that is promoting this ethnicism and division - not really, PKR also does that. I know that it was a PKR policy that where there is a big Malay majority, they will not field a non-Malay candidate in that constituency, and that I consider to be racist. Why should in matter how many Indians, Chinese, Ibans and/or Malays there are in a particular constituency - are they all not Malaysians, and should we not be worriend just about the best candidate for this Malaysian constituency. Race, religion,etc should never be a consideration...How many good people are side-lined because of their ethnicity or their religion?

I look for the day when people will stop saying we need to get a Malay chairperson/President - and just say we must get the best person to be the chairperson/President?

Your comments and sharing would be good..

The stadium did not have the 'certificate of fitness' yet - and it had already been utilized - a case of 'Malaysia Boleh'?

How could they even use the Stadium when the completion certification was not yet issued for that very big roof of the stadium?

What nonsense about not being able to issue it because it was still 'under warranty' - are we talking about a TV, a computer, etc...We are talking about a very big building here. Are they talking about that 'defect liability period' - the period which the contractor will have to repair for free 'problems' the building owner finds.

Was it safe to use? A local consultant said it was OK - who is this local consultant - he should be made accountable.

The Sultan Mizan Zainal Abidin Stadium was issued a partial work completion certificate last year as it was considered safe to host the Malaysia Games.

State Public Works Department deputy director Ghazali Hashim said the certification, based on the report by an independent examiner, was given to several sections of the stadium including the track, field and several areas outside the building.

“However, we have not issued any certification for the roof as it was still under the warranty period,” he said of the roof of the stadium which collapsed on Tuesday.

A local consultant commissioned to evaluate the safety of the roof declared it safe, he said, adding: “So, we allowed the Games to be held at the venue.”

Ghazali had earlier accompanied Youth and Sport Minister Datuk Ahmad Shabery Cheek to visit the site Wednesday.

Ghazali said the department was only empowered to issue a work completion certificate once the warranty period had ended. “We have to wait for the warranty period to be over before issuing any certification for the roof,” he said.

Ghazali said government buildings were exempted from having to apply for Certificate of Fitness before occupying the premises.

In the case of the stadium, he said the department issued a partial certification and was in the midst of getting a full-fledged status for the stadium.

The department, he said, would ask the stadium’s main contractor for compensation and carry-out remedial work.

“We will hold the main contractor responsible as (the other firm) the Korean firm was the sub-contractor. “As far as we are concerned, payments were made directly to main contractor and not the Korean firm,” he said.

Ghazali said the department had previously compounded the main contractor for not completing work as scheduled.

Mentri Besar Datuk Ahmad Said has ordered an immediate inspection of newly completed buildings following the incident.

He said the checks would focus on detecting structural defects, cracks and shoddy workmanship. Some of the new buildings are the indoor stadium, Sultan Mahmud Airport and swimming complex.

He said he himself noticed defects on the roof of the year-old Sultan Mahmud Airport. He said the state would appoint independent consultants to carry out the checks.

The roof collapse came only one year after the stadium’s completion which cost RM300mil.

Authorities are investigating if the contractors had rushed to complete the stadium ahead of the Malaysia Games in June last year. Meanwhile, Raja Datuk Kamarul Bahrin Shah of Senibahri Arkitek, the principal architect of the stadium, said he might comment on the incident in a few days’ time.

“I can’t say anything now as I do not have the full facts,” he said when contacted via SMS in Medinah where he is on his way to perform the umrah at Mecca.

Raja Kamarul Baharin said he would return to the country on June 10. - Star, 3/6/2009,Stadium roof still under warranty, so not certified by PWD

Samy, it is Freedom of Expression - no need to charge him? - "Melayu Dikhianati?"

No Samy Velu - we believe in the freedom of expression and opinion...

We do not want anybody to charged under such bad 'anti-freedom of expression' laws for Sedition, etc - We appreciate it that you (and MIC) have expressed a view about this article..and that is good. [But I wonder whether you would have had the guts to express your opinion if the DPM had not first expressed his displeasure...]

MIC president S Samy Vellu today called for the writer of an offensive article published in the Umno-owned Utusan Malaysia to be charged with sedition.

MCPX

"I deplore the racial slur made by the writer of the local Malay daily where he had indirectly referred to the Chinese and Indians of Malaysia as 'kaum pendatang' (immigrants).

"It is most disgusting, despicable and shocking. I suspect the writer is not part of the newspaper, but has been using it (the newspaper) to promote his own agenda," he said in a statement.

According to Samy Vellu, the Utusan writer with the pen-name Awang Selamat, "must, and should be, charged in court under the Sedition Act."

"His comments are most unbecoming, especially with our prime minister promoting the 1Malaysia concept," he said.

In view of this, Samy Vellu said MIC wants the government to take immediate action against the writer for stirring ill-feelings among Malaysians, especially the Chinese and Indians.

He added that even Deputy Prime Minister Muhyiddin Yassin remarked that racially-slanted statements were unacceptable and is against the '1Malaysia' concept. - Malaysiakini, 3/6/2009, 'Charge Utusan writer with sedition'

It was also good that our DPM was also not happy about that article and expressed a view (We are sad that the Prime Minister has kept quite..). It would have been better if the DPM had read the said article first.

Deputy Prime Minister Muhyiddin Yassin today expressed disappointment with Umno-owned Malay daily

MCPX

Utusan Malaysia for publishing articles with a racial slant.

He was asked to comment on the reservations aired over an article which was published on Sunday titled 'Melayu dikhianati?' (Malays betrayed?).

Among others, the article penned by Awang Selamat said that non-Malays were going overboard with their demands.

Although Muhyiddin was 'not aware' of the article, he however said Utusan must respect the position of every race in the country.

"Those accorded with proper citizenship are Malaysians irrespective of whether they are Malays, Indians or Chinese," he told a press conference in Kuala Lumpur. - Malaysiakini, 2/6/2009, DPM ticks off Utusan over racial slant

I am also not very happy with the said article. He talks about the 'migrant race' and tries again to re-affirm that 'social contract' nonsense. (See also my earlier post:- Social Contract - True or False? UMNO - fought British for Independence, or just a British crony? Time to re-discover the truth.. )

But, then sometimes some Malaysians behave as though they are really 2nd class citizens - accepting the handouts of the government without challenging discriminations and inequities. But, alas, they are just following the bad examples of MIC, MCA, GERAKAN - who really seem to be just lapdogs of UMNO, not at all equal partners. BN's No. 1 & 2, Secretary General & Treasurer are all from UMNO - does that not tell you about the relationship of UMNO and the other parties in the Barisan Nasional?

Anyway, let's see the article that all are talking about :-

Melayu dikhianati?

Hati Awang semakin hari semakin ditoreh-toreh oleh tuntutan pelbagai pihak bukan Melayu yang bersikap terlalu rasis selepas Pilihan Raya Umum ke-12. Kita boleh tafsir apa sebabnya. Awang tidak mahu mengulas panjang kali ini, cukup sekadar disiarkan semula petikan kenyataan seorang pemimpin MCA, Tun Tan Siew Sin pada 30 April 1969 (dipetik daripada buku Khalid Awang Osman dan pernah diulas Ridhuan Tee Abdullah) untuk renungan kita semua.

''Orang Melayu menerusi UMNO bermurah hati melonggarkan syarat-syarat dalam undang-undang negara ini sehinggakan dalam masa 12 bulan selepas kemerdekaan, 90 peratus penduduk bukan Melayu menjadi warganegara. Ini berbeza dengan keadaan sebelum merdeka di mana 90 peratus daripada mereka masih tidak diiktiraf sebagai rakyat Tanah Melayu walaupun hampir 100 tahun hidup di bawah pemerintahan penjajah. Sebagai membalas kemurahan hati orang Melayu, MCA dan MIC bersetuju meneruskan dasar memelihara dan menghormati kedudukan istimewa orang Melayu dan dalam masa yang sama mempertahankan kepentingan-kepentingan sah kaum lain''.

Sebelum itu, seorang pemimpin MIC Tun V.T Sambanthan pada 1 Jun 1965 pernah berkata: ''Pada tahun 1955 kita telah memenangi pilihan raya dengan majoriti yang tinggi, selanjutnya mendapat kemerdekaan dalam masa dua tahun kemudian. Dalam jangka masa itu, kita terpaksa berbincang dan menangani pelbagai perkara termasuk soal kewarganegaraan. Persoalannya di sini, apakah yang dilakukan oleh orang Melayu memandangkan kita bercakap menyentuh perkauman? Apakah yang dilakukan oleh pemimpin-pemimpin Melayu? Mereka mempunyai 88 peratus daripada pengundi menyokong mereka.

Apakah yang mereka putuskan mengenai isu kewarganegaraan? ''Jika kita lihat di serata negara Asia dan Asia Timur, kita akan mendapati kaum India tidak akan diterima di Ceylon dan juga tidak diterima di Burma. Sama halnya dengan kaum Cina, mereka tidak diterima di Thailand, Vietnam, Kemboja dan di negara-negara lain. Apakah bantuan berhubung kewarganegaraan yang mereka peroleh di semua wilayah tersebut?

"Di Burma, seperti yang kita semua sedia maklum, kaum India telah diusir keluar, di Ceylon mereka tidak diberikan taraf warganegara seperti juga di Burma. Saya tahu dan anda juga tahu. Apa yang sedang berlaku di Malaya? Di sini kita mendapati pemimpin Melayu berkata, ''Kita akan menerima mereka sebagai saudara, kita akan berikan mereka sepenuh peluang untuk meneruskan kehidupan di negara ini, kita akan beri mereka peluang untuk menjadi warganegara''. Seterusnya pada tahun 1957, dengan tidak mengambil kira kebolehan berbahasa (Melayu) ribuan orang India, Cina dan Ceylon menjadi warganegara. Seperti yang saya nyatakan, saya amat bernasib baik kerana dilahirkan di negara ini. Di manakah anda boleh berjumpa bangsa yang lebih prihatin, bersopan-santun dan tertib selain daripada bangsa Melayu. Di manakah anda boleh mendapat layanan politik yang baik untuk kaum pendatang? Di manakah dalam sejarah dunia? Saya bertanya kepada anda. Ini adalah fakta. Siapakah anda untuk menjaga keselamatan kami? Saya adalah kalangan 10 peratus kaum minoriti di sini. Tetapi saya amat gembira di sini.''

Persoalannya, kini apakah pengorbanan Melayu dikhianati oleh kaum lain?

-Awang Selamat - Utusan Online, 31/5/2009, Melayu Dikhianati?

PJ Local Council's responsibility in the death of 7 Jaya Supermarket incident cannot be ignored...

7 workers killed by the accident during the demolition of the Jaya Supermaket ...and this is serious - now the company responsible, the CEO, Manager, Directors, etc should also be charged for committing a criminal offence under the penal code or other laws. Example of sections of the Penal Code that may be relevant are as follows (note that there may be more relevant sections). Maybe also can be used against the Local Councillors who gave their 'stamp of approval' for the demolition..

288. Negligence with respect to pulling down or repairing buildings.

Whoever, in pulling down or repairing any building, knowingly or negligently omits to take such order with that building as is sufficient to guard against any probable danger to human life from the fall of that building, or of any part thereof, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand ringgit, or with both.

304A. Causing death by negligence.

Whoever causes the death of any person, by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.

Shocking also that the demolition was being done without the requisite approval - it was an ILLEGAL demolition. Again, we note that the name of the company doing the demolitions, the name of the employer of the workers killed, etc have all been kept 'secret' - the newspapers are not reporting it.

Also, there is no report about any police investigation - police arrests, etc... 7 killed, and others injured. Illegal Demolition. Clearly, there is sufficient reasons for a criminal investigation,... It is not just a matter for the Occupational Health and Safety officers...

The Department of Occupational Safety and Health did not give approval for the demolition of the Jaya Supermarket in Petaling Jaya, said Human Resources Minister Datuk Dr S. Subrama-niam.

He said the developers had a demolition permit from the local authority and while they had applied for the department’s approval, they did not obtain it when they started the demolition work.

Dr Subramaniam said the department began its investigations on Monday and it would take about two weeks to complete.

“If there is any element of negligence, the engineers, contractors and the proprietor of the building can be fined RM50,000, jailed up to two years, or both, under the Occupational Safety and Health Act for each offence,” he told a press conference after launching a Small-Medium Enterprises training fair at a hotel yesterday.

On May 28, the five-storey portion of the supermarket building collapsed right to the basement during demolition work.

Seven workers died in the incident.

Dr Subramaniam said the ministry was amending the Act so that professionals would be held accountable for monitoring work being done as it was impossible for department officers to monitor every company throughout the year.

Petaling Jaya mayor Datuk Mohamad Roslan Sakiman said developers and contractors would be asked to sign a statutory declaration that they were responsible for a work until its completion to further enhance public safety.

At present, he said, the Uniform Building By-laws only required such a declaration when the building plan was submitted.

He added that the Housing and Local Government Ministry’s Certificate of Completion and Compliance in 2007 had also replaced the council’s Certificate of Fitness.

As such, the applicants bear sole responsibility for the construction or demolition, which includes safety at the site, he said.

Section 14A Rukun Tetangga chairman Tee Kee Ti, however, felt that it was not appropriate for the local council “to blame the matter on somebody” and “to push away their responsibility in such a way”.

Petaling Jaya Local Councillors , i.e. those Pakatan Rakyat appointed ones, should immediately tender their resignation.

They have a responsibility for all matters that happen within their jurisdiction - especially matters concerning construction and demolition. The incident happened less that 2 Km from their head office. Do they not also send officers to check on state of affairs - i.e. whether the requisite approvals have been obtained, etc..

Is the Local Council investigating the incident? Will they be issuing a report of their own findings..Will they ensure that the family and dependents of those killed b adequately compensated for their loss (i.e. not less than RM25K each)? Will the injured be compensated? Will this errant company - its Directors, shareholders, Management, etc be blacklisted irrespective of what new company they form or are part of? Or...like their predecessors, their BN appointed councillors, they too will sweep this under the carpet? 7 dead demands the head of the Local Council, if not all the councillors, to immediately tender their resignation in shame..

Elected Councillors would have been more responsible, for if they fail their community, they would not be re-elected by their constituents. On the other hand, appointed councillors only have to spend time being in the good books of the MB and State Exco, and maybe their party leaders - they tend to neglect the needs of the people..they neglect ...Shocked am I to hear that the said 'demolishers' and killers of 7 had the blessing of the Local Council to proceed...Do you not know that there is a need to get Occupational Safety and Health's approval before demolition can commence.

I await the response of the Local Council of Petaling Jaya ...I also hope that the MPs and ADUNs of the area, is out there demanding answers...from the Local Council, etc. It matters not whether the Local Council are 'your' people or not, peoples' reps have a duty and obligation to the people that they represent...

HRH the Sultan, the royal family and many could have been victims of this 1-year old Stadium collapse - Independent Public Inquiry, please

How lucky the UMNO-led BN government that the Sultan Mizan Zainal Abidin Stadium in Gong Badak, Kuala Trengganu collapsed when there was no occasion in the said Stadium...

HRH Sultan of Trengganu, the royal family and a lot of people could have been seriously injured or even killed when the roof of the stadium collapsed..

The roof on the stadium’s left wing was ravaged after the iron frame structure supporting the 300m-long roof destabilised, causing it to fold. The affected zones were the main entrance, royal podium and the public seating area. - Star, 3/6/2009, Workers escape in the nick of time as roof of year-old stadium collapses

And, still we do not understand why the contractors, engineers and architects are being protected - why they have not even been named in the various reports. Is it just a case of poor journalism or poor investigative journalism, or is the media not reporting this because they have been 'advised' not to - and comply they must for fear of the permits being lost..

Trengganu Royal Commission of Inquiry must be set up to investigate this affair and tell us the truth...

I wonder whether the same contractor is still getting projects from the UMNO led- BN government...are there any other recent projects by the same people. I will be scared to be in any buildings build by these people...Be open - disclose everything.

Remember also the Jaya Supermaket, PJ incident - and here too we were not told who were the companies involved...WHY?

The problem with the allocation of contracts to a main contractor who sub-contracts to A, who sub-contracts to B, who sub-contracts to C, who sub-contracts to D is that money that should be used to get the best quality building materials and building crew finally gets so shrunk that the contractor who finally has to do the real building may have only 50% of the sum allocated to work on - and that is when problems arise, 'corners are cut' and buildings collapse.

This stadium, according to the Star report, cost RM460 million (maybe even more, for it is uncertain that this really is the amount spend). I also wonder why an additional RM50 million was given because of rise in cost of building materials - Surely when an agreement is signed, that it it. If prices drop, then the contractor profits more. If prices of building materials soar, then the contractor's profit shrinks. Surely any person who forwards a quotation takes into consideration possible price increases - in fact, many also already make advance orders from suppliers (or have already fixed-price agreements with suppliers). I really do not understand why the government has to fork out an additional RM50 million because prices of building materials soar. Will the contractor return money to the government if prices of building materials drop? I think not. Investigate this additional RM50 million allocation as well, Mr MACC (Malaysian Anti Corruption Commission).

Now, they tell us that the cost of repairs is going to be RM25million (that could have been used to provide about 750 poor families free homes) -

The damage at the east wing has been estimated at RM25mil....“The stadium is still under warranty and the contractor will bear the cost of the remedial works,” he [Works Minister Datuk Shaziman Mansor] said, adding that the incident had tarnished the reputation of the country. - Star, 3/6/2009, Workers escape in the nick of time as roof of year-old stadium collapses

But, thankfully, it is still under warranty and the contractor will have to bear the cost of remedial work... But, will the contractor? If the contractor is a company, then they may quickly wind-up the company...for after all, we are talking about a building construction company, who really would not have much of assets like land, etc..Then, the shareholders, the CEO and Directors will just set up another company and move on...If the government blacklists the company, then it may only be the company - not the the shareholders, the CEO and Directors or their new companies. That is why, the government must openly tell us the name of the company responsible, the name of its SEO, its Directors and principle shareholders (and, if a 'blacklisting' is to be done, then it should go beyond just the said company but should also be all companies where the said persons are involved...).

We cannot do that - Why? because maybe the persons behind the company are important ..connected people. Maybe, Najib or the MB has a great stake in the company...Open disclosure please...

See also the earlier posting entitled Another 'projek kerajaan Barisan Nasional' collapses...

Billed as the pride of the state, the RM300mil Sultan Mizan Zainal Abidin Stadium in Gong Badak suffered a major blow when its roof collapsed yesterday – just a year after it was opened.

No one was injured in the 9am incident, but the stadium, which was the venue for Sukma (Malaysian Games) last year, has been declared unsafe.

Declared unsafe: The Sultan Mizan Zainal Abidin Stadium after its roof collapsed yesterday. — Bernama

The damage at the east wing has been estimated at RM25mil.

The impact of the collapse was so loud that an employee at the stadium thought that a plane had crashed-landed on it.

“I shivered when I heard the deafening sound,” stadium administration officer Noor-kumarasari Jamil, 31, said.

She panicked and screamed for her colleagues to leave the office as the Sultan Mahmud Airport was situated near to the stadium.

Noorkumarasari said her superior directed all the employees to vacate the office and take shelter at a nearby indoor stadium.

Damaged: Workers looking at the collapsed structure of the RM300mil Sultan Mizan Zainal Abidin Stadium in Gong Badak, Terengganu. The affected zones are the main entrance, royal podium and the public seating area.

General worker Hajjah Shafar, 32, said she was terrified when she saw the roof structure tumbling down.

“I was sweeping the floor at the west wing of the stadium when the roof collapsed,” she said. “I just ran for my life.”

Nineteen workers, mostly cleaners, were at the stadium but they managed to flee to safety.

The stadium is part of the modern Gong Badak sports complex, which was built at an initial cost of RM250mil but the amount surged by an additional RM50mil due to soaring prices of building materials.

The indoor stadium, which is also part of the complex, was built at a cost of RM160mil.

The roof on the stadium’s left wing was ravaged after the iron frame structure supporting the 300m-long roof destabilised, causing it to fold. The affected zones were the main entrance, royal podium and the public seating area.

A Kancil car and three motorcycles were also damaged by the debris.

Works Minister Datuk Shaziman Mansor, who visited the site, said the Construction and Industrial Development Board, a wing under the ministry, had been tasked to form a team comprising architects to determine the cause of the catastrophe.

“It’s premature to point fingers at any party, including the contractor responsible for erecting the roof structure, until the outcome of the investigation.

“The stadium is still under warranty and the contractor will bear the cost of the remedial works,” he said, adding that the incident had tarnished the reputation of the country.

State Fire and Rescue Department director Puazan Ahmad said they received a distress call at 9.45am, and 25 personnel were sent to the site.- Star, 3/6/2009, Workers escape in the nick of time as roof of year-old stadium collapses

Another 'projek kerajaan Barisan Nasional' collapses...

Another project of the Barisan Nasional government, Stadium Kuala Trengganu....has collapsed.

I wonder why we see signboards stating that this is yet another 'Barisan Nasional' project - when it is in truth a project of the government of Malaysia.

But when buildings come crushing down - then suddenly we do not hear that this was a BN government project - it just becomes government project...

Blame also gets shifted to some foreign contractor, etc... The responsibility, of course, lies with the BN government and the State Government.

Thankfully, this roof did not collapse when the stadium was full for a football game or some other function. Now, it seems that there were no one who got injured or killed - but wait there were cars (vehicles) that were crushed... hopefully all are safe..

Who issued the certificate of fitness? Was it not the Majlis Bandaran(Bandaraya) Kuala Trengganu...yes, blame lies with the person/s who said that all was OK with that building...We demand immediate investigation - and immediate action against those who approved. Action should also be taken against the Architect, Engineers, etc...But, alas, this is Malaysia and the names of those responsible will become 'secret' - and nothing may happen. Who got the contract to build the stadium? Who did the contractor sub-contract to...and who did the sub-contractor sub-contract to...and who did that sub-sub-sub contractor sub-contract to...who really did the final building...

Sub-contracting so many times is a norm in Malaysia - many a time some of this who get the contract (or the sub-contract) do not even have the capacity to build even a toilet. So, why did they get the contract (or the sub-contract) - well that is one way how money can flow into certain pockets legally...

In any event, all the contractors and the sub-contractors (and their directors) must be revealed to the public and they should all be made accountable...no more government money should be spend on this stadium. Those who got money and did a bad job must now do the needed repairs to re-construct this stadium using their own money...But, this is Malaysia - and the reason for the collapse would most likely be an 'Act of God', and there will be a new tender and a new project, and maybe even the same people (using the same company or different company) may end up getting the project to repair the stadium...and more of the rakyat's money will be spent...

The roof of the 50,000-capacity Gong Badak stadium in Terengganu collapsed at about 7.30am today.

In the incident, 60 percent of the roof at the stadium collapsed, including that above the royal box at the grand stand.

Eyewitnesses told Malaysiakini that several vehicles were crushed by the falling roof.

Freelance journalist Sazali Mohd Nor told Malaysiakini that the high roof at one end of the one-year-old stadium had collapsed.

The low roof on the other end of the stadium was unaffected.

Malaysiakini learnt that the stadium's consultants were worried about the integrity of the roofs which were built by a foreign contractor.

The RM270 million Sultan Mizan Zainal Abidin Stadium, the biggest stadium in the east coast, was built to host the 2008 Sukma Games.

It was officially opened by the king, Tuanku Mizan, last May. The all-seater multi-purpose stadium is often used by the state football team. - Malaysiakini, 2/6/2009, Stadium roof collapses in Kuala T'ganu

Beware - Malaysia 'secretly' entering into another FTA Agreement ...full transparency please.

Free Trade Agreements(FTA) - Malaysia enters into free trade agreements with this country and that country - and these agreement affects not just the UMNO-led BN government but all Malaysians..

As such, before any such FTA are signed, it is important that Malaysians are allowed to peruse this agreements, and have the opportunity to discuss and debate it. Media should carry these debates and feedbacks.

All such FTAs and other Agreements that bind Malaysia should also be first tabled in Parliament and agreed to, before Malaysia sits down and signs these agreements.

Malaysia should be fully aware of the consequence of 'free trade' especially when it is signed by 'non-equal' parties. There is a need for a certain amount of discrimination ... a certain amount of of 'special privileges' and protectionism especially of the poor and marginalised. The whole special priviledges/benefits for Malays and natives of Sabah and Sarawak provision in our Federal Constitution indicates this kind of thinking. Are we ready to compete at the same level with the US...and now New Zealand. Maybe the rich and the bigger companies in Malaysia can - but the smaller people and businesses certainly will lose out - and we will be worse of.

Transparency - tell us exactly what the terms of this FTA Agreement is. Allow different viewpaoints to be shared with all Malaysians (In short, get the media to publish/air opinions in support and opinions that are against - so that the Malaysian people get to see all aspects).

Only the government's perspective is of little benefit to the people - since it may only be the reasons that support the government position - i.e. to go ahead and sign the FTA.

Only the general objects or gist of FTA Agreement is not suffuicient - as sometimes, it is that 'small terms' and words that will cause the people (and future governments, i.e. may PR Government) great pain - because it is very very difficult to 'cancel' (terminate) agreements.

Malaysia and New Zealand have stitched a free trade agreement, New Zealand Trade Minister Tim Groser said today.

MCPX

Groser said negotiations for the deal had been finalised after negotiations in Kuala Lumpur.

"This FTA is great news for New Zealand. Our negotiators have secured a high quality, comprehensive FTA that provides commercially meaningful benefits to New Zealand businesses," Groser said in a statement.

Malaysia is New Zealand's seventh largest trading partner, with two-way trade worth nearly US$1.95 billion (RM6.8 billion) annually.

New Zealand exports to Malaysia were worth RM2.25 billion last year and goods exports have been growing at 34 percent annually since 2005.

"Improved market access and greater certainty for New Zealand goods and services exporters and investors are just some of the benefits achieved," Groser said.

"It is an important signal that in the midst of the global financial crisis and the creeping tendency towards protectionism internationally, Malaysia and New Zealand have reaffirmed our commitment to trade liberalisation."

Final deal to be signed this year

The two countries already have a free trade agreement following the signing of a deal between the Association of Southeast Asian Nations (Asean) and Australia and New Zealand in February this year.

But Groser said the new bilateral deal would have more benefits for both countries than the wider Asean deal.Malaysiakini, 2/6/2009, NZ, M'sia agree free trade deal: minister

The FTA Agreement is not yet signed - and note that it is the New Zealand government that have gone public about this - not the Malaysian government.

Both Malaysia and New Zealand will seek legal and technical verification of the deal and domestic approval before the signing of the final agreement.

Both countries believe that the final deal will be signed this year, Groser said.- AFP, Malaysiakini, 2/6/2009, NZ, M'sia agree free trade deal: minister

Anyway, why don't Malaysia just put all their FTAs and MOUs on the relevant Ministry's website. Why are they a 'secret"? Why are there so many secrets in Malaysia? When will be having a Freedom of Information Act? When will government 'secret" documents became available to the public - in some countries after a certain number of years (say 20 years), all secret documents become available to the public - why do we not have this in Malaysia.

Social Contract - True or False? UMNO - fought British for Independence, or just a British crony? Time to re-discover the truth..

With the independence of Malaysia, there was a 'social contract' between the various ethnic groups in Malaysia. The native Malays agreed to the granting of citizenship to the Chinese (and Indians), and the Chinese (and Indians) agreed to the granting of special privileges to the native Malays.

The existence of this 'social contract', in this particular form, has been disputed - and over the past months, the UMNO-led BN government have been trying to repeatedly drum in this 'social contract' into the minds of Malaysians - so that ultimately everyone will believe this as the truth...the real truth.

Sadly, there is NO documentary proof of this 'social contract' - and hence, the only agreement that we can rely on is the Federal Constitution - and that is it.

Today, we are all Malaysian citizens - and our nationality is Malaysian. [Our ethnicity may be Cantonese, Hakka, Malayalee, Telugu, Tamil, etc...]. It irks me still when I see in many government and other forms, the word 'Bangsa' (which means nationality) - for me, I am Malaysian, my parents are Malaysians, and my children are Malaysians.....full stop.

And guess what - normally you cannot leave that column 'bangsa' blank. Even, if the word race or 'ras' is used, it is OK.

Was there a social contract?
Maybe - but it ws made between possibly UMNO, MCA and MIC, with the blessings of the British colonial masters.

Were the people consulted? Was there a referendum? The answer is 'No'.

Did UMNO, MCA and MIC even consult its general membership ...were there EGMs and AGMs held by these political parties for them to get the mandate of their membership. I do not think so - for if, not minutes of these meetings/decisions would have surfaced long time ago.

So - this 'social contract' agreement may really be an agreement between the chosen few in UMNO, MCA and MIC.

Does UMNO, MCA and MIC represent the Malays, Chinese and Indians respectively now? or even in the pre-independence period? I do not think so....not even during the pre-independence period (or the early post-independence era)...and certainly not in 2009.

In fact, there has been some who say that this UMNO, MCA and MIC were not even the popular choice of the people of Malaya (Malaysia) - but certainly they were the prefered choice of the British Colonial powers... Why? Why?

Election Results (Only of how many seats Alliance[UMNO,MCA,MIC], then BN won - no info about what other parties won)

1955 General Election Alliance won 51 out of 52 seats contested (98%)
1959 General Election Alliance won 74 out of 104 seats contested (71%)
1964 General Election Alliance won 89 out of 104 seats contested (86%)
1969 General Election Alliance won 74 out of 144 seats contested (51%)

*** The 1st time that the Alliance (now known as the BN) failed to get 2/3rd majority was in 1969. (see earlier post:- Of past elections & 'historical facts' in Malaysia - the 'brain-washing'..

Do not be too quick to jump to conclusions based on the results of the 1955, pre-independence elections. The question that must be asked is whether the other political parties/groups were allowed to contest in that 'British' elections? Were they allowed to but they chose not to - to boycott the elections? [We always talk about UMNO led-BN following the British legacy - and we know how nearly impossible it is to register political parties,,,and how quickly they try to kill popular parties by 'illegalizing' them and arresting their leaders - so was it also the case in that 1955 GE? Was it a free and fair elections? Unfortunately, there is not much information available for a comprehensive analysis, which will allow us to make some conclusions.]

There seem to be not much of a struggle for independence in Malaya - there was no 'fighting' for independence that even happened in USA, or India. There was not much protest..demonstration...arrests..detention. [In Malaysia, it seems that the British literally handed over the reins of power to UMNO-MCA-MIC - or was there a struggle against the British for independence but UMNO-MCA-MIC did not have a role in that struggle. And our history books have been 'altered' (or certain things left out) for us to believe that this was all that happened that forced British colonialist to hand over power to UMNO-MCA-MIC.

The only fights during that period seems to be against the so-called 'communist terrorists'...mmm, but were they not the enemies of the British colonial government after World War 2...so they became also the enemies of the UMNO-MCA-MIC after independence. One wonders whether those so-called ''communist terrorists" were indeed fighting for independence from British colonial powers. So, why were the enemies of the British also the enemies of the post-independence government led by UMNO-MCA-MIC?

Bukit Kepong - let's see, it happened in 1950. It was an attack by the 'communist terrorists' on a British police station...not an independent Malaysian police station. Would that not be in line with some struggle for indepence from the British colonial masters? We may have been supportive for the wrong people - i.e. them 'Malaysians' who chose to serve the British colonial masters as police, and hence helped fight those who were struggling for independence...The potrayal of 'communist terrorists' as being all Chinese is also not true... The producers of that movie has done us a disfavour by attempting to propagate a different picture...

It may be interesting to note that these 'communist terrorists' called themselves Tentera Pembebasan Nasional Malaya (TPNM) [Malayan National Liberation Army] . I recently came across a blog, that is an interesting read..

Rejimen Ke-10 didirikan di Kerdau, Temerloh, Pahang pada 21 Mei 1949.

Abdullah C.D., pengasas Rejimen Ke-10 telah menulis, antara lain, begini: “Rejimen Ke-10 adalah sebuah tentera anak rakyat yang dari komander hingga ke perajuritnya terdiri dari putera-puteri terpuji bangsa Melayu yang berteraskan anggota PKM, PKMM, PETA, BTM dan lain-lain yang telah diharamkan oleh penjajah British.”


(gambar: Abdullah C.D., dirakam pada tahun 1989)


Sebelum itu, kecuali United Malays National Organisation (UMNO), badan-badan lain seperti Parti Kebangsaan Melayu Malaya (PKMM), Angkatan Pemuda Insaf (API), Angkatan Wanita Sedar (AWAS), Pembela Tanah Air (PETA), Barisan Tani Malaya (BTM) dan sebagainya adalah pertubuhan politik Melayu yang berjuang atas hasrat murni untuk memerdekakan Malaya dan melepaskannya daripada belenggu British.

Dan, apabila kesemuanya (kecuali UMNO) diharamkan pada Jun 1948 di bawah apa yang dinamakan ‘Undang-Undang Darurat’, pertubuhan-pertubuhan tersebut terpaksa mengambil jalan perjuangan bersenjata yang bermandi darah.- REJIMEN KE-10: SEJARAH YANG DISEMBUNYIKAN

Why did these 'communist terrorists' continue to fight beyond 31/8/1957 - Why? Maybe they felt that Malaysia had not achieved independence yet - because the change was merely from direct British rule to a British Crony rule? Or the new UMNO-MCA-MIC government was the one who continued it for fear that these 'communist terrorists' had a greater support of the people of Malaya than them - and the only thing to do was to continue that war...

As before, now too many of those who fight for self-determination and independence are labelled 'terrorists' - just look at neighbouring southern Thailand, southern Philipines, and maybe even Sri Lanka...

Maybe, this may explain why UMNO-led BN is still scared to allow Chin Peng to return to Malaysia. No Malaysians should be prevented from returning to his country. If the person has committed crimes, then just charge him, try him and sentence him if he is convicted. Remember there is no limitation period for crime.

Remeber also the NEP - this came about when Tun Razak was Prime Minister, and here again the concern was only 2:- (1) Erradication of Poverty, (2) Restructuring to eliminate identification of race with economic function

The launching of the New Economic Policy (NEP) in 1971 was a watershed in the Malaysian economic policy history. The NEP underscored the importance of achieving socio-economic goals alongside pursuing economic growth objectives as a way of creating harmony and unity in a nation with many ethnic and religious groups. The overriding goal was national unity. To achieve this goal, two major strategies were adopted:

To reduce absolute poverty irrespective of race through raising income levels and increasing employment opportunities for all Malaysians; and

To restructure society to correct economic imbalances so as to reduce and eventually eliminate the identification of race with economic function.Source:Official Website of the Economic Planning Unit of the Prime Minister's Department, MALAYSIA

Again, there was nothing about any 'social contract' and Razak's intention and strategy was good. Subsequently, the purity of purpose may have been tainted by ...

The priority was national unity - and the calling of certain Malaysians 'migrant race' ['kaum pendatang] certainly is not the way forward.

Our roots, as far as being a Malaysian citizen, are irrelevant. We may have come from Indonesia, Thailand, Philipines, India, Pakistan, Sri Lanka, China, Taiwan, Arab states...or are native to the land all matters not today. Today, we stand equal as Malaysians - as one nation.

The re-raising of this disputed 'social contract' seems to yet be another attempt of UMNO to get back the support of Malays - and the implicit call is 'Unite Malays' against these others...The re-raising, unfortunately, has also driven many Malaysians to go back to history and discover the truth..

Sadly, I do not think that Malaysians are gullible anymore - and thankfully UMNO-led BN does no longer control absolutely the sources of information. The coming of the internet age has opened eyes and minds as we get exposed to different opinions and viewpoints not merely with regard to historical facts but also current concerns...

Let us all now move forward as Malaysians - one people one nation.

Erradication of poverty should still be the priority

Equitable distribution of wealth amongst all persons in Malaysia, irrespective of political party affliations (and certainly, no more among ethnic groups) .

Even, if not chapel but a mosque or temple..we will fight to save it...

Fr Jean Claude questioned by police

Published on May 30 , 2009

KUALA LUMPUR: On May 22, Fr Jean-Claude Lourdes, the administrator for the Chapel of St John Triang was called in for questioning at the Triang Police Station. The Triang Chapel is an 83 year old chapel, that the Pahang Government is threatening to demolish.

This instruction allegedly came from the Inspector General of Police (IGP). When he reported at the Police Station at 2.30pm, he was made to wait until 4.00pm before he was questioned by a female officer in plainclothes whom he believes is a member of the Special Branch.

She asked him numerous questions on his family background as well as whether he had a criminal record. Fr Jean-Claude was also asked whether he was involved in any political parties and was he subscribing to any deviant practices.

They also asked him about the talk on Freedom and Religion given by Charles Hector on May 17 after the 4.00pm Mass. The police officer also asked how much he earned as a priest.

She then