Joint
Statement – 25/6/2013 (now 45)
DRB
HICOM MUST RESPECT THE CITIZENS’ RIGHT TO PARTICIPATE IN THE DEMOCRATIC PROCESS
IN MALAYSIA
–
Stop disciplinary action against workers for exercising their political rights.
We,
the undersigned 45
civil society organizations, trade unions and concerned groups, are appalled by
the actions of two DRB Hicom companies based in Pekan, namely HICOM
Automotive Manufacturers (Malaysia) Sdn Bhd and ISUZU
HICOM Malaysia Sdn Bhd for taking disciplinary action against 18 workers
who merely exercised their rights (outside working hours), as citizens, to
participate in the democratic process.
Pursuant to a decision by the Malaysian Trade Union Congress (MTUC),
which was also supported by the National Union of Transport Equipment and Allied
Industries Workers (NUTEAIW), to extract
commitments on workers' rights from contesting candidates and political parties
involved in GE13, workers throughout Malaysia, including in Pekan, met or
attempted to meet contesting candidates
from all parties before election day, being on 5/5/2013.
Accordingly,
on 3/5/2013, a group of 18 workers submitted the MTUC memorandum to one of the
contesting candidates in the Pekan parliamentary constituency, which also
happens to be the constituency that the Prime Minister of Malaysia was
contesting.
On
account of this act, disciplinary action has been initiated by 2 DRB HICOM companies based in Pekan against
these 18 workers.
First,
HICOM Automotive Manufacturers (Malaysia) Sdn Bhd,
which assembles automobiles for Suzuki, Mercedes-Benz and Volkswagen, has
issued show cause letters on 22/5/2013 to
16 workers, and speedily proceeded with the 'Domestic Inquiry' which began on
11/6/2013. At present the Domestic Inquiry is yet to end and there is no
decision.
Second, ISUZU HICOM Malaysia Sdn Bhd, that assembles automobiles for
Isuzu, also issued show cause letters to 2 workers. They, too, are awaiting the
decision of the Domestic Inquiry. Significantly, the workers were NOT allowed
the right to be represented by lawyers or representatives of the National
Union, only by representatives from the work site committee.
We
consider the action taken by the two DRB Hicom companies not only a gross
violation of worker rights. It is also a violation of the right of citizens to
participate in the democratic process of Malaysia, especially during elections.
No employer should have the right to dictate directly or indirectly the
political choices, activities and/or actions of their workers, more so outside
employment hours. Workers, as citizens, of Malaysia must have the freedom to
join and participate in any political party of their choice, offer themselves
as candidates if they so wish, and involve themselves in campaigning in general
elections.
Hence
DRB Hicom's taking disciplinary action against these 18 workers for exercising
their rights as citizens in the run-up to GE13, is completely uncalled for. It
is a gross violation of the rights of these 18 workers. Under the
circumstances, we demand that DRB Hicom stop all disciplinary actions being
taken against these 18 workers immediately. If any of these 18 workers have
already been terminated, they should be
reinstated immediately.
We
understand that the charges leveled against the workers are (1) undermining the
image or good name of the company orally, in writing or by action, and (2)
bringing about or trying to bring about any form of influence or outside
pressure to submit or support any external claim that is related to service be
it an individual claim or claims of other employees.
We
further understand that the employer DRB Hicom is trying to rationalise its
action against the said 18 workers - in seeking a commitment on workers rights
from the Pekan parliamentary candidate – by claiming that the workers might
have given the 'false impression' that 'the company was involved in politics'
which is contrary to the company's stance.
We
find such an explanation laughable! Indeed, it is hypocritical given the fact
that during the electoral campaign period, on 25/4/2013, the company had
encouraged workers to go and meet the Barisan Nasional Paliamentary candidate
for Pekan, Mohd Najib Abdul Razak, also the incumbent Prime Minister. Indeed,
workers were allowed to go for the meeting during working hours! This event was
also highlighted in Najib’s 13th General Election Pekan Constituency
candidate website (http://www.parlimenpekan.com/?p=840),
and the posting was entitled ‘Dato’ Sri Najib Beramah Mesra Dengan Warga
DRB-Hicom Pekan’(Dato’ Sri Najib
Socialize with DRB-Hicom citizenry). Later that very day women workers
were also allowed by the company to meet up with Najib’s wife.
Companies
and businesses should never terminate a worker for reasons other than matters
that relate to work performance and/or their conduct as a worker save in very
exceptional cases, for eg, like when a worker is convicted of a criminal
offence.
These
18 workers have families and children, and a termination would cause great
hardship to their well-being and livelihood. Amongst the 18 are also trade
union leaders, including also the current chairperson of MTUC Pahang Division.
We hope that the termination of worker leaders does not occur and that the two
DRB HICOM companies are not resorting to ‘union busting’.
We
call on DRB Hicom, HICOM Automotive Manufacturers (Malaysia)
Sdn Bhd and ISUZU HICOM Malaysia Sdn Bhd to
immediately discontinue disciplinary action against the said 18 workers, and if
any be already terminated to immediately reinstate them without loss of
benefits.
We
call on Prime Minister Mohd Najib Abdul Razak, being also the Member of
Parliament for Pekan, to intervene and ensure that the rights of his
constituents, as workers and as citizens, are not violated by employers.
Charles Hector
Mohd Roszeli bin Majid
Pranom Somwong
For and on behalf the 45 organisations listed below
ALIRAN
Asia
Pacific Forum on Women, Law and Development ( APWLD)
Asian
Migrant Centre (AMC)
Association
of Maybank Executives
Building
and Wood Workers International Asia Pacific
Burma
Campaign Malaysia
Clean
Clothes Campaign
Community
Action Network (CAN), Malaysia
Dignity
International
Group
of Concerned Citizens
Persatuan Sahabat Wanita Selangor
Persatuan Sahabat Wanita Selangor
Human
Rights Ambassador for Salem News , UK
Jawatankuasa
Sahabat Rakyat (人民之友)
Kesatuan
Pekerja-Pekerja Polyplastics Asia Pacific
Kesatuan
Sekerja Industri Elektronik Wilayah Selatan Semenanjung Malaysia
Kesatuan
Pekerja Pekerja Kelab Semenanjung Malaysia
Legal Aid Commission, Sri Lanka
MADPET
(Malaysians Against Death Penalty and Torture)
Malaysians
for Beng Hock
Malaysian
Physicians for Social Responsibility
Migrante
International
Migrants
Rights Council,India
MTUC(Malaysian
Trade Union Congress) Melaka
MTUC(Malaysian
Trade Union Congress) Pahang
MTUC(Malaysian
Trade Union Congress) Penang Division
Network
of Action for Migrants in Malaysia(NAMM)
NUBE
(National Union of Banking Employees), Malaysia
NUHBRW
(National Union of Hotel, Bar and
Restaurant Workers), Malaysia
Parti
Rakyat Malaysia(PRM)
Persatuan
Kesedaran Komuniti, Selangor (EMPOWER)
Persatuan
Masyarakat Selangor & Wilayah Persekutuan (PERMAS)
Pusat
KOMAS (KOMAS)
Sarawak
Dayak Iban Association
SUARAM
(Suara Rakyat Malaysia)
Tenaganita,
Malaysia
Think
Centre, Singapore
Tenaga
Nasional Berhad Junior Officers Union (TNBJOU), Malaysia
WARBE
Development Foundation-Bangladesh
Women's
Aid Organisation (WAO), Malaysia
Workers
Assistance Center, Inc, Philippines
Workers
Hub For Change (WH4C)
Additional
Endorsements:
NLD
LA Malaysia
Yayasan LINTAS NUSA - Batam Indonesia
Yayasan LINTAS NUSA - Batam Indonesia
IMA
Research Foundation, Bangladesh
WARBE
Development Foundation-Bangladesh