Blaming migrants is easy to cover-up failings of Malaysian government for the rise of TB in Malaysia

It is nonsense to suggest that migrant workers is the cause of increase of TB and other diseases in Malaysia. 

There is so much movement of people in and out of Malaysia, and this includes Malaysians and foreigners(tourists, etc) - and really allegations against migrant workers(foreign workers) must be based not just on numbers of infected but also the source/cause of infections.

Why?

When migrant workers enter Malaysia, they are disease-free and this is because unlike local workers, migrant workers have to undergo compulsory medical screening before they even enter Malaysia - this is an obligation placed on employers of migrant workers. And then there is the 2nd screening that happens in Malaysia.

"Foreign workers wishing to work in this country must undergo two health screenings, one in the country of their origin and the other in Malaysia, before they are issued with a working visa," - Deputy Health Minister Datuk Dr Hilmi Yahaya

Hence, if the migrant worker subsequently contracts TB or some other disease, then it the fault of the employer and also the Malaysian government. In fact, these diseases MUST be now classified as occupational disease and the migrant worker should be adequately compensated - sufficient to cover the treatment, and also the loss of earning opportunity when his employment period in Malaysia is suddenly shortened.

The Deputy Minister says that many migrant workers who 'passed' the medical screening in their home country and fails it in Malaysia(before they even start working in Malaysia). It must be the employer of migrant workers(and/or their 'recruiting agents' that must be blamed. This can only happen if there is 'corruption' or some other irregularities. I do not believe the doctors and the medical services in these countries are incompetent or 'ill-equipped' to carry out proper medical screening. The question is what is Malaysia doing about these doctors and medical screening facilities in the country of origin that wrongly gave these migrant workers a clean bill of health? Are they being 'blacklisted'? Are the agents and the employers being blacklisted, or persecuted in Malaysia and/or the sending country?

Diseases spread is also linked to living and working conditions - Malaysia still do not have a guideline to ensure safe and healthy living accomodation for migrant workers. Remember migrant worker accomodation is most of the time provided by the employers - and we have heard about cramped dirty living conditions, including also workers being forced in factories and workplaces. Why is the Minimum Standard of Housing of migrants still not defined by law? Many migrants get infected because of these living/working conditions in Malaysia. It really is not migrants bringing in diseases in most cases - but Malaysia infecting healthy migrant workers.

When migrant workers are brought in, they should already be certified healthy with none of these communicable disease. Anyway, Malaysia insists of a 2nd health screening - but where are these workers placed pending this screening? Are they being placed together with healthy workers already working in Malaysia?

The report tells us that the number of reported TB cases in Malaysia has risen to 20,000 in 2011 compared to 18,000 in 2010. So, there are 2,000 new cases? or is there 20,000 new cases? These new cases are Malaysians or foreigners? How many foreigners? How many Malaysians? [Or are you  including the migrant workers detected with TB during the 2nd screening in Malaysia which were not detected in the first screening?]

The report also says that 20,000 out of 30,000 brought in failed the medical screening conducted in Malaysia - this is very serious. Maybe, Malaysian government and government of the sending country must ensure that screening in the country of origin is done properly and efficiently so much so no need to waste money with a 2nd screening here in Malaysia. Note, this figures really is not only about TB.... How many people were detected with TB during the 2nd screening before they started work in Malaysia - this is what we want to know.

We also want to know how many healthy migrant workers caught TB after they started working in Malaysia? Has it got anything to do with the poor living/working conditions that they are subjected to? From whom did they contract TB - from other migrant workers or some Malaysians?

Did people sitting besides those with TB in flights, buses and trains contract TB? Did Malaysians traveling abroad come back infected with TB? 

From the news report, the allegations made against migrant workers looks as if it is biased, and certainly not substantiated with scientific facts and evidence.

The consequence is on migrant workers...who will be repatriated back home. What about those employers that provided unhealthy living/working conditions that resulted in healthy migrant workers being infected with TB? What about those responsible for medical screening who by reason of 'corruption' declared the migrant worker to be healthy? The responsibility should be placed on employers - be it the fault of their recruiting agents or the medical facilities they used to screen workers?

Malaysia is moving towards a G2G (government to government) method of recruiting and bringing in foreign workers - and if so, then it is and must be the government of Malaysia (and the government of the sending country) who is to be blamed if this was the system used to bring in migrant workers for employers in Malaysia. 

Either way, all involved in the bringing of migrants are persons licensed/authorised by governments and that includes the medical screening bodies - so it must be the Malaysian government (and/or the government of the sending country) that ultimately is to be blamed.

The migrant worker(or the foreigner) is the poor victim of injustice, who had present is not even compensated for the wrongdoings of employers and governments.

Migrant workers (and foreigners) in Malaysia live amongst Malaysians, and as such their health and access to healthcare is essential to ensure a healthy Malaysia. The charging of high registration medical fees  and 1st class rates on foreigners only deter them from getting required healthcare because 'too expensive' - and this certainly will impact on the general health of all in Malaysia. Malaysia really should provide FREE universal healthcare that is easily accessible to all if we want to maintain a healthy Malaysia.

House migrant workers in proper housing facilities. Limit the number of migrants in a 2 room appartment/house to no more than 6. We need a law on Minimum Standards of Housing for Workers that will apply to all migrant workers - maybe not for those in the construction industry.[Now, migrant workers generally are not permitted to rent their own rooms and houses - but are compelled to stay in the premises provided/determined by their employers, and many also end up paying way above market rate for these accommodations]. Remember that migrants are also human beings...

 

Published: Sunday December 29, 2013 MYT 6:11:00 PM
Updated: Sunday December 29, 2013 MYT 6:31:15 PM

Foreign workers blamed for rise in TB cases

LABUAN: The influx of foreign workers is among the major reasons for the spread of tuberculosis (TB) in the country.

Based on statistics, about 18,000 cases were reported in 2010, rising to 20,000 in 2011 with 1,600 fatalities.

Deputy Health Minister Datuk Dr Hilmi Yahaya said efforts to monitor the spread of the disease had been enhanced with foreign workers being required to undergo mandatory health screenings.

He said that out of 30,000 foreign workers brought into the country, 20,000 had failed the health screening carried out by the ministry.  

Datuk Dr Hilmi Yahaya 

"Foreign workers wishing to work in this country must undergo two health screenings, one in the country of their origin and the other in Malaysia, before they are issued with a working visa," he told reporters after a one-day working visit to Labuan Sunday.

Dr Hilmi also said there were foreign workers who had passed the health screening carried out at home but failed the test here. Most of these workers were from Indonesia, Nepal, Bangladesh, Myanmar and the Philippines. 

He said foreign workers who failed the health screening here would be repatriated home. -Bernama - The Star Online, 29/12/2013, Foreign workers blamed for rise in TB cases

'Peaceful Negotiations' are not working for MTUC - maybe time for this 'toothless tiger' to use other methods of struggle for worker rights

Historically, it has been strikes and industrial actions that have been the most effective tool in getting employers to act to provide workers better rights and working condition. It was also the 'name and shame' element of worker protest that have moved employers to respect worker rights and discontinue injustice. In Malaysia, even union leaders are being terminated when they use this method as had happened with leaders from NUBE, NUJ and most recently NUFAM.

Peaceful negotiations should be the first priority but when employers and  the Executive(the Prime Minister, Cabinet and the Ministries) do not respond to these initiatives and attempts, MTUC, Trade Unions and workers may need to use other methods including strikes, industrial actions, massive protests and pickets to fight for just demands of Malaysian workers.

When the Ministry that looked at the welfare and interests of workers changed its name to Human Resource Ministry, its focus shifted not just name but priorities to the needs of Employers - no more workers. Laws and policies that protected worker rights and welfare were also amended eroding even fundamental rights like the 8-hour work day - now enabling employers to force workers to work for even more than 48 hours a week. 

MTUC and the Malaysian Trade Unions have become 'toothless tigers', and despite they being the representative of over 5 million workers, their strongest demands have been ignored not just by the executive but also the BN-dominated Parliament.

Regular employment until retirement, a right enjoyed by Malaysian workers in the not to distant past, are being eroded away in favour of precarious short-term employment many of which are just for a year or less thus automatically even denying workers of guaranteed increments of annual leave and sick leave entitlements, maternity leave and benefits, termination retrenchment and lay-off benefits. Probation, which is logical for those who will ultimately be regular employees, is also now being used in these fixed short-term employment contract employees which really is unjustified, more so that when entitlement for workers on probation is far less than for confirmed employees. There is still no law limiting the length of probation, which justly should never exceed 3 months - how long should an employer really have to access the suitability of an employee for the work he/she has been employed for. 

Direct employment relationship with the owner/operator of the workplace(the principal) through the usage of workers supplied by 3rd parties(contractors for labour who the law recognizes as the real employees - not the  principals who really is the person with the power and ability to improve working conditions and benefits. If there is a trade union in a workplace, workers not employees of the principal will not be able to join these Trade Unions, let alone benefit from the better rights/privileges that are contained in Collective Bargaining Agreements. Can employees of these 3rd party contractor for labours organise and form unions? Yes -they can but practically these labour suppliers supply workers to so many different workplaces and even sectors making it impossible for the employees to even meet yet alone form unions. Then, Malaysian Trade Union laws allow for unionization based on work sectors - and as such, the ability to even join the regional,national or even State based unions and get recognition becomes a near impossibility - because employees of contractors for labour are employed in so many different sectors.

Laws create 'conditions' that make it almost impossible to strike or carry out other industrial actions not amounting to strikes like 'work to rule', etc. Pickets are also restricted by law. National unions and regional unions just cannot use their large membership over a sector effectively to protest an unjust action that happens in one workplace. 

Misconduct is not regulated by law, and this has resulted in the all powerful employer extending the scope of misconduct to cover so much more than conduct of the workmen in doing the work assigned, matters at the workplace, etc. The right to even a domestic inquiry is not provided for in the Law.(MAS did not even have a DI before terminating NUFAM's president.)

 Wrongful termination of workers and even worker leaders are so easy nowadays and the law makes its easy for the employer to just permanently get rid of workers claiming rights - Industrial court cases take years, and even if the employer is found guilty of wrongful termination, the worker has effectively lost the right to reinstatement without loss of benefits - now thanks to the amended Schedule 2 of the Employment Act 1955, compensation in lieu of reinstatement has been limited to no more than 24 months in favour of the employer.

Strong union leaders are being terminated because they raised the 'unjustness' of employers even if such was done in private amongst the workers in closed Facebook groups - case in point being the case of Wan Noorulazhar of KSIEWBSM. 

Media in Malaysia also does not cover a lot of worker protests/pickets and even statements. Even when they do, workers are painted negatively and names of errant employers also do not get reported.

Unionist have embraced 'peaceful negotiations' or making complaints to the Ministry followed by closed door negotiations, some of which just take too long. Members of unions and the public are not kept abreast about many of these complaints, or their outcomes. In short, many of the Unions are now concerned primarily with CA (Collective Bargaining Agreements), and maybe representing workers who are wrongfully dismissed [not for free usually but the workers will have to pay]. Unions, including MTUC, over the years have just lost the support of even it member workers - and recently when there was a call for a picket, it saw only 500. If UNIONS are unable to show the support of the millions of workers in Malaysia, why should the employer or the even the current BN government (or the Opposition State governments) even bother with Khalid, MTUC or the other Unions. Union leaders are kept busy with appointed positions in Wage Consultative Council, EPF Board, various Committees/Workshops set up by the government, ILO meetings, etc - and one wonders this government-employer strategy has successfully killed the worker movement and trade unionisms in Malaysia. 

Now, all is not lost and the new leadership of MTUC must lead and revive Malaysian worker movement. There is a need for regular meetings and consultation with Malaysian workers all over Malaysia involving many workers - leaders need to re-establish their credibility and that of UNIONs. Sadly, many unions do not even have monthly, quarterly or even yearly meetings attended by all its membership - some leaders behave so much like politicians - whereby there is little consultation (or even efforts to keep membership informed) and the dominant mentality is members elect and then you should just 'listen...listen' and trust us to do what is best for you workers. This is something that needs to change...regaining the support of workers, motivating them to action, education about solidarity and importance of solidarity, etc is just some of the things that need to be done. Fear of 'bad laws' or the de-registration of unions should no longer justify 'inaction' or just the using the past ineffective methods. MTUC and worker leadership also failed to take advantage of the momentum when people were ready to come out in large numbers - we should have had a HIMPUNAN 1PEKERJA, which if organized at the correct time and location would see a gathering of maybe 50,000 or more, and after that this government (and the employers) would be reminded and shown that the MTUC and the UNIONs do indeed have a large following and support, and is no more a force to be ignored or treated lightly...

MTUC has a lot to do in Malaysia - the websites must be updated regularly, filled also with stories of worker struggles and successes(something which the mainstream and even the alternative media is not doing). MTUC should motivate all Unions to have at the very least their own BLOGs and to use it as a tool to communicate with its membership (and potential membership). We do not even have a worker magazine in Malaysia - this is something that MTUC could do. Remember, Malaysia is a democracy - and as such it is the the people that are the bosses, so let MTUC (and other UNIONs) just continue dealing with the Minister and Ministry officials, or even MPs  - they should go back to the people in Malaysia with their issues, and garner public support, which if they do succeed would force those in political power into action. 

Happiness with an occasional statement carried by the media must not be the end all. At present, even the full statement that was made to the media is not even reported in the MTUC website ....and we all know that many a media would only report what they want - never the full statement.

Remember always that there are millions of workers, and if one includes their spouses and families, it translates into a lot of votes and any government/politician must be sensitive to the just demands of workers if they wish to win elections or stay in power. But now, many believe that MTUC and the Unions are irrelevant and their leaders just do not have the support of their membership (let alone other workers)... and so can be ignored. MTUC now must prove them wrong and it starts with these new leaders..

 

MTUC Seeking RM300 Monthly COLA For 10 Million Workers

27 December 2013 Print page

 

PETALING JAYA, Dec 27 (Bernama) — The Malaysian Trades Union Congress (MTUC) today proposed a RM300 per month cost of living allowance (COLA) for all the 10 million private sector workers in view of the escalating cost of living.

Its President, Khalid Atan, told bernama that it was essential for the government to introduce the regulation on COLA because almost five million private sector workers were now earning just about RM30 above the poverty line of RM870 per month.

At present the minimum wage for workers in peninsular Malaysia is RM900 and for those in Sabah and Sarawak it is RM800.

Khalid said MTUC was working out strategies to help ease the workers’ burden.

In the interim period, he suggested that companies should assist by providing subsidised food and lodging for their workers.

In turn, he said the workers would help the companies to increase productivity thus making it a win win situation.

Khalid said the congress was concerned about the immediate impact of the increased transportation, food and schooling cost particularly on workers in the lower income group.

He assured that MTUC, being a responsible workers organisation, would not go to the streets to demand for its rights, but would prefer peaceful negotiations.

Source: Bernama 

See also MTUC Website

Embarassing that Malaysia does not even want to say that it will respect human rights of workers

It is embarrassing when Malaysian government does not even want to agree in an MOU that basic human rights of domestic workers will not be respected.

Malaysia also do not want to agree that domestic workers will have the right to see, understand and sign their employment agreement in Cambodia before they accept their employment agreement, leave Cambodia and come to Malaysia to work. This is fundamental. It is a gross injustice for migrant workers to come first to Malaysia and then be asked to sign their employment agreements - i.e. after they have already expended monies coming to Malaysia, the worker becomes easier to be cheated and exploited - forced to accept terms they would never have agreed. 

The way that this Malaysian government is treating workers is unacceptable and is certainly not reflective of Malaysians, who are not only caring people but also people that respect human rights...

Remember also that it is the failure of Malaysian government to ensure that Malaysian workers are paid sufficient wages - sufficient for one of the spouses to be able to handle child-care, care of the elderly and household chores, that has literally forced Malaysians to have to hire domestic workers in the first place. Now, 2 persons are 'forced' to work and ear an income to survive in an environment where the cost of living is drastically increasing...

Malaysian government also failed to provide for creches (child care centres at workplaces), affordable child care facilities for children of working parents, day-care facilities for the elderly, etc - that has left many Malaysian families with little choice but to get domestic workers...

Now, when it comes to workers. i.e. migrant workers, that we now really need - this Malaysian government must at the very least ensure that their human rights and worker rights are respected and protected effectively(not just on paper but in reality). Let us not forget that Cambodia is also part of ASEAN... 

Malaysia Fails to Guarantee Cambodian Maids’ Human Rights

24 December 2013 Print page By Matt Blomberg and Khy Sovuthy – December 24, 2013

The Ministry of Labor hopes that a new Memorandum of Understanding (MoU) will see Cambodia resume sending domestic workers to Malaysia by February, but negotiations on the document have stalled after Malaysia recently rejected 90 percent of proposed provisions to protect workers’ rights.

Most strikingly, Malaysia returned a draft MoU prepared by Cambodia with a black line through a provision that employers should “respect the basic human rights of the DW [domestic worker].”

Malaysia also rejected Cambodia’s requests that domestic workers should keep possession of their own passports, be able to view and sign their employment contract before leaving Cambodia, have access to three meals daily and accrue annual leave.

“Some of the Malaysian edits are unacceptable,” said Jenna Holliday, communications specialist at U.N. Women, which led a workshop in Phnom Penh on Monday to discuss the draft MoU.

“The Malaysian side has rejected about 90 percent of the amendments that were put in [to the draft],” Ms. Holliday added. “It does raise the question: How do Malaysian employers view their Cambodian employees?”

Prime Minister Hun Sen in October 2011 indefinitely suspended Cambodia’s sending domestic workers to Malaysia after a raft of reports of abuse of domestic workers by both Malaysian employers and Cambodian recruitment agencies.

Opening Monday’s workshop, Othsman Hassan, secretary of state at the Ministry of Labor, said it is imperative that the moratorium comes to an end as soon as possible.

“The more [workers] we can send, the more money we can earn and the more money comes back to Cambodia,” Mr. Hassan said, adding that sending 300,000 domestic workers to Malaysia would amount to $1.5 billion in remittances annually—a target he wants to reach.

“It is the future for Cambodia—we have to distribute our workers to the demand of the world market,” he said, adding that he would “wok hard to protect migrant workers from exploitation.”

Mr. Hassan departed the workshop soon after giving the opening remarks, missing an outpouring of frustration from representatives of migrant workers.

“They can’t give three meals per day? They can’t give a minimum wage? They can’t even allow a person to hold on to their own passport?” said Morn Nhim, president of the National Independent Federation Textile Union of Cambodia.

“If they can’t even guarantee our people their basic human rights, why should we send our people to Malaysia to suffer?”

The U.N., the International Labor Organization and representatives from the government and NGOs are set to meet again in late January for another round of discussions on the draft document.

Source: Cambodia Daily

Also to be found at the Malaysian Trade Union Congress(MTUC) website

New leaders and a New MTUC - championing worker rights in new effective ways?

Same President but new Deputy, Secretary General, etc - but the question before us is whether these new leaders of the Malaysian Trade Union Congress(MTUC), which represents non just member unions(and their members) but all workers and trade unions in Malaysia will better fight for and protect worker rights. 

Yes, MTUC represents all workers in Malaysia, including the un-unionized Malaysian and migrant workers. It is a recognition accorded to them by Malaysia as well as the international community and the ILO(International Labour Organisation). As such, the responsibility placed upon these new leaders are great, and what is demanded of them is that they will act without fear or favour for the best interest of workers and trade unions in Malaysia.

Over the years since Independence(1957),especially in the last few decades. Malaysia's UMNO-led coalition of parties(now known as the Barisan Nasional) has been slowly withering away worker and trade union rights in Malaysia - the latest being the removal of what was once the norm, i.e. 

(1) Regular employment being permanent employment until retirement. This has slowly been replaced by precarious short-term(or fixed duration) contract employment whereby even if the work requiring the worker still exists, the worker is terminated. Under the 'regular employment' practice, even when a worker is to be laid-off or retrenched, there was the obligation on the employer to try to find alternative employment within the workplace - providing employment  was the priority. Termination simpliciter of the worker was not permitted - requiring a Domestic Inquiry and termination permitted was only those 'with just cause'. With more years of employment, workers are bestowed with more rights like annual leave, sick leave and this was also a factor when it came to retrenchment and termination benefits - all of which is still rights in Malaysian laws but is now being effectively denied through the usage of short or fixed-term contracts. This phenomena started in the private sector but today is also present in the public sector. MTUC, in the past failed, to stop this trend away from regular employment which we hope now will change and MTUC will lead the fight to stop the trend of 'short-term contract employment'. Note that the Malaysian worker generally buys houses and vehicles on loan, and loan payments must be paid monthly and as such a loss of income and employment because of 'short-term employment contracts' imposes way too much financial difficulties on the worker and their families. It is even more precarious for older workers and for women, who just got married and/or who are pregnant. Short-term employment contracts also creates docile easily exploited workers, who even will not be interested in forming or joining trade unions.

(2) Contractor for Labour system - this removed the right of direct employment relationship between an employer with a workplace in need of workers(the principal), and the workers themselves. Workers at a workplace find that the person supervising and in control of their work employment is not their employer - because the principal through an agreement with a 3rd party(the contractor for labour) is getting their workers from the 3rd party, who Malaysian government and law claims is the true employer. The 3rd party does not control the work environment, and really cannot do anything to improve working conditions and work benefits. This system also weakens the Union of workers employed by the principal, as there is no limit and soon more than 50% (maybe even 99%) would no longer be employees of the principal, and directly the bargaining power of the union diminishes. Malaysia does the limit the usage of such workers at the workplace, which I believe should be limited to not more than 5% and to those work not being the core work or core business of the principal.

(3) Outsourcing of work - Now, many workplace employers outsources work to 3rd parties, who then are responsible for these work that is done by the the 3rd party employees. It started with security, cleaning and upkeep of the of the work area and surrounding compound,... and even to financial matters (like preparing of pay slips and payment of salaries, etc)...to now more and more. Banks outsourced internet/phone banking and even check processing and clearance to 3rd parties... End result, again the weakening of trade unions and worker rights.

The most effective tool of unions and workers have been the STRIKE - which was where workers just stopped work, until the employer agreed to sit down and negotiate on worker just demands. Well, Malaysia has not only passed laws that has made it very difficult to strike, but also carry out other forms of industrial actions like 'go slow', 'work to rule'(which meant workers collectively just worked normal working hours refusing overtime, work on rest days and public holidays). What Malaysia did was to expand the definition of STRIKE to include such actions as well.  The right to picket is also there and again this too has been restricted not only in terms of venue but also as to who can participate...

Removal of (or making it more difficult to) strike or carry out other forms of industrial actions was premised on the fact that trade disputes would be best resolved by means of 'arbitration'/mediation through the intervention of the government in employer-employee(trade union) disputes - but alas not only is the systems in place 'inefficient' but just takes too much time, all to the detriment of workers and trade unions. Many of these laws extinguishes worker rights by reason at their absence at one meeting, or by reason that 'time had lapsed' - but it is not so when it comes to employers. Even, after many many years when the Industrial Court finally determines that a worker has been wrongfully dismissed, the worker is not reinstated and is only compensated with a sum that is not more than 24 months (after further odd subtractions). 

It is not just workers but also worker leaders (including union presidents) that have become victims of such termination and injustice. We remember Hatta Wahari (Presiden NUJ- National Union of Journalists), Wan Noorulazhar bin Mohd Hanafiah (President of the Electronic Industry Employees Union Western Region, Peninsular Malaysia (EIEUWR), Chen Ka Fatt and Abdul Jamil bin Jalaludeen (Treasurer and Vice President of NUBE - National Union of Banking Employees) and most recently Ismail Nasaruddin the president of the NationalUnion of Flight Attendants Malaysia (NUFAM) Effectively, employers now can get rid of worker leaders, and not have to worry about any discontent or retaliation from their workers vide a Strike or an Industrial Action..and the whole legal process can take years and years... Employer suffers nothing but manages to get rid of strong worker leaders - whilst workers lose their leaders and those suspended and then terminated losing all financial security...

The methods of raising grievances with the Ministry(government) and 'closed door' meetings, many a time whilst fellow workers have no role to play and sometimes even kept in the dark only serves to further weaken the worker movement and trade unions. Workers want to do something in solidarity, to protest against 'bad employers' - but alas they just cannot and the 'stumbling block' is not just the government and bad laws - but sometimes the lack of leadership and initiative from leaders. NUBE seems to be one of the few that continues to maintain a steady stream of protest actions that allow the participation of ordinary members to fight against the injustices that affect even one of their members. Maybe, the presence of Solomon from NUBE in the new line-up would help MTUC regain some of its 'power' and enable for greater involvement of active worker participation in worker struggles - even when it affects 1 or a few workers. 

MTUC needs to reclaim the support of workers, and maybe it needs to do some through mass rallies and protest actions that hopefully would see hundreds of thousands. During Merdeka day celebration, the government have large processions and the primary object is to show 'its strength' and 'its support' - maybe MTUC needs to revive May Day processions in all towns and activities that see participation of hundreds of thousands. This would show not just the government but also employers, that Malaysia's workers movement is 'very strong'...that MTUC and the Trade Union leaders still have the capacity to move Malaysian workers into action 

It was embarrassing when only a few hundred turns up in Putrajaya for an MTUC called picket, compared to the fact that the Malaysian Bar which has only 12,000 members was able to get almost 2,000 in similar action. Likewise, it was embarrassing when there was no strong continuous protest by MTUC and all workers when 18 in Pekan were terminated for handing in a MTUC memorandum to get commitment for worker rights to candidates contesting in the General Elections..

Hence, it is not just new leadership that is important but a leadership committed to CHANGE in its approach and methodologies, which must necessarily include worker organizing and empowerment which leads to greater and active participation in the millions of Malaysian workers in the struggle for worker rights and well-being. MTUC and union leaders must no more be begging for rights but demanding for what is just and right for the good of all workers and their families. Naturally this should also include the TPPA, which MTUC is already committed to action... 

The MTUC leadership needs to show that MTUC is still the leader of workers in Malaysia, and as such needs to be respected by government and employers...As leaders, let us not forget that education and empowerment of the ordinary worker is and should be a priority. 

Chen Ka Fatt

President:-                           Mohd Khalid Atan 
Deputy President:-                Abdullah Sani Abdul Hamid
Secretary General:-              N Gopal Krishnan (NUTEAIW)
Deputy Secretary General:-   A Balasubramaniam(UNEPASS)
Financial Secretary:-            Awang Ibrahim(UBIW)
Deputy Financial Secretary:- Harry Tan Hock Huat(NUTP)

Vice President (Private Sector) 
Mohd Khir Mansor 
Maktar Siwang 
Ng Khoo Seong 
J Solomon (NUBE)
Bruno Pereira

Vice President (Public Sector)
Rosni Aziz
Kang Bee Leng
Hashim Adnan

Vice President (Statutory Body)
Ahmad Helmi Ibrahim
Zainal Ismail
Ikmal Azam Thanaraj Abdullah
 

Published: Sunday December 22, 2013 MYT 11:00:00 PM
Updated: Sunday December 22, 2013 MYT 11:06:19 PM

Incumbent MTUC president Mohd Khalid retains post

by patrick lee

KUALA LUMPUR: Incumbent MTUC president Mohd Khalid Atan retained his post at the triennial delegates conference on Sunday.

The deputy's post was won by PKR unionist Abdullah Sani Abdul Hamid.

Mohd Khalid received 297 votes to beat incumbent secretary-general Abdul Halim Mansor who garnered 173 votes.

The race for the deputy president's post saw a three-cornered fight between Abdullah Sani, who is PKR's Kuala Langat MP, walking away with 213 votes.

In 2010, Abdullah Sani failed in his bid to become the MTUC secretary-general.

Speaking to reporters, Abdullah Sani said his first course of action would be to form a bipartisan research committee parliamentary caucus to discuss workers' issues.

"I will visit all the states to listen to the problems that we will submit to this committee so that they can be debated in Parliament," he said.

He added that the issues include the minimum wage, foreign workers and the Trans-Pacific Partnership Agreement (TPPA).

Mohd Khalid said the MTUC was facing a challenging road ahead, and he hoped to face it head on.

"We have to work together to improve the MTUC, and focus on unity and solidarity among ourselves," he said.

National Union of Transport Equipment and Allied Industries Workers (NUTEAIW) secretary-general N Gopal Krishnan was elected secretary-general while Union of Employees of Port Ancillary Services Suppliers (UNEPASS) secretary A Balasubramaniam won the deputy secretary-general's post.

Union of Beverage Industry Workers's (UBIW) Awang Ibrahim retained his post as MTUC's financial secretary while National Union of Teaching Professional's (NUTP) Harry Tan Hock Huat is the deputy.

Mohd Khir Mansor, Maktar Siwang, Ng Khoo Seong, J Solomon and Bruno Pereira were elected vice-presidents under the private sector category.

Ahmad Helmi Ibrahim, Zainal Ismail and Ikmal Azam Thanaraj Abdullah were elected vice-presidents under the statutory bodies category.

Rosni Aziz, Kang Bee Leng and Hashim Adnan won the vice-presidents post under the public sector without contest.

A total of 473 delegates participated in the vote. The MTUC's new leadership term will run from 2014 to 2016.- Star Online, 22/12/2013,Incumbent MTUC president Mohd Khalid retains post

Najib and the cabinet should be taken to task on the Rosmah expenses and ...

What is Rosmah saying? She used the jet for work not fun  - but she has no work to do. She is merely the spouse of Najib, the PM. She can accompany Najib on official trips - but certainly not go on her own to represent the government, the Prime Minister or the cabinet.

Rosmah Mansor does not have any role in Malaysian government, and she has no business representing Malaysia for anything. Of course, as any other person, she can be invited to present a paper at some international forum but that is on her individual capacity - same goes for visits to people of power. In her individual capacity means also that she must bear her own cost - and Malaysia should be paying for her.

It looks like Malaysia's Prime Minister (Rosmah's spouse), the Malaysian Cabinet and Malaysian public servants need her. Even to deliver a keynote speech entitled 'The Empowerment of Malaysian Women', Malaysia sent Rosmah Mansor, and this allegedly was a Malaysian cabinet decision - it should really have been the relevant Minister (or the Deputy) or some senior official from the relevant Ministry or someone from the Human Rights Commissionor or some human rights Defender. But no, Malaysian  cabinet not only seem to have approved Rosmah Mansor but did not sent her by MAS but allowed the usage of a jet (whose cost some say would be about half a million everytime it comes and goes?)

And here is Malaysia, lamenting and saying that it is having financial difficulties so much so it can no longer help subsidize essential materials and the cost of living of the poor is increasing. No money yet you waste so much...

In my earlier posting, I mentioned that if Najib really is so desperate for the assistance of Rosmah, he can legally appoint her into the Cabinet, first of course making her a Senator - What about making Rosmah a Senator, bringing her into cabinet, appointing her DPM?

Article 43(2) The Cabinet shall be appointed as follows, that is to say:(b) he shall on the advice of the Prime Minister appoint other Menteri (Ministers) from among the members of either House of Parliament;

Article 43A (1) The Yang di-Pertuan Agong may on the advice of the Prime Minister appoint Deputy Ministers from among the members of either House of Parliament;

Article 43B  (1) The Prime Minister may appoint Parliamentary Secretaries from among the members of either House of Parliament

Article 43C (1) The Prime Minister may appoint such number of persons as he may think fit to be Political Secretaries.

(2) A person appointed as a Political Secretary by virtue of this Article - (a) need not be a member of either House of Parliament;...

Now for Minister, Deputy Minister and Parliament Secretary all of whom Prime Minister Najib chooses, they must be an MP or a Senator

But for a Political Secretary - need not be a MP or Senator

Now, unfortunately the Constitution does not provide for the PM's wife - as such since Najib and the Cabinet sees her as so essential, maybe she should be made a Senator and appointed as Deputy Prime Minister, Minister, Deputy Minister or Parliamentary Secretary - or she can not be made Senator and just appointed as Political Secretary.

What are the powers of the Cabinet? What is the effect of a Cabinet Decision? Is it law? Or is it just mere 'policy' that is not legally binding? Malaysia needs an Act of Parliament to regulate the Prime Minister and the Cabinet that will make it clear whether Cabinet can decide the usage of a private jet and payments to mere individuals like Rosmah Mansor.  

In Thailand, decisions of the Cabinet are published and has legal effect - but it Malaysia, it is really unclear, in my opinion.

Rosmah Mansor does not owe Malaysians any duty or obligation, and if anyone is to be taken to task it must be the Prime Minister (and maybe the Cabinet Ministers who made the decision) for the misuse of Malaysian people's monies. 

Is this corruption? Maybe MACC should investigate.

Maybe we need to refer the matter to courts to determine whether what was expended on Rosmah Mansor's trips on her own (not when accompanying PM) included the utilization of national resources like the jet is an abuse of power of the Prime Minister and the Cabinet in excess of the powers they have as provided for in the Federal Constitution and/or the laws of Malaysia - maybe Anwar as Opposition leader should do this, maybe some other wakil rakyat??

Rosmah: Use of private jets for work, not fun

4:19PM Dec 16, 2013

Rosmah Mansor, the prime minister's wife, has defended her use of government-sponsored private jets for visits abroad, saying these trips were for work and not leisure.

According to a lengthy interview at her residence with Malaysia Gazette, Rosmah said her tight schedule has meant that the use of commercial airlines was unsuitable.

"We work to a schedule, especially when a programme is prepared by the host," she was quoted as saying.

She said that the trips were referred to the cabinet, which had among other factors, considered security and time, before granting approval.

The government-sponsored private jet facility had been in place even before her husband, Najib Abdul Razak, became prime minister, she said.

She was responding to criticism of her use of a private jet in a recent trip to Qatar which was first raised by Gombak MP Azmin Ali (left) in Parliament.

According to the interview, Rosmah had departed from Langkawi to Qatar, and then proceeded to Dubai, Sri Lanka and finally Bangladesh.

She explained that had she used commercial flights, there would be problems as not all the said countries had regular connecting flights.

Rosmah, in the interview, also elaborated in detail about the agenda of her trip.

Rosmah said she had first departed from Langkawi to Qatar to deliver a keynote speech entitled 'The Empowerment of Malaysian Women' and was honoured with an award at Qatar International Businesswomen Forum.

"In my keynote address I shared with them the successes of Malaysian women who are the pride of the nation. Ironically, while we are expressing pride of our nation to the international public, there are disgruntled voices on the home front.

"The international society eagerly pays tribute to Malaysia yet our people always have a negative outlook on what I do," she was quoted as saying.

The invitation for the event, said Rosmah, came from the Qatar embassy and had been referred to the Cabinet.

There, she had also met Qatar Prime Minister Sheikh Abdullah Nasser Khalifa Al-Tani.

Even though criticised for calling on a head of government as she was just a prime minister's wife, Rosmah defended the move.

"As a guest of the country, was I wrong in asking to pay my respects to the prime minister as the host? When wives of other prime ministers visit Malaysia, they too would do the same," she was quoted as saying.

‘Fashion show was coincidental'

Rosmah also addressed criticism of her visit to a fashion show in Qatar, saying that the even was organised by Malaysians and she was invited as she happened to be in the country on official business.

"I was not in Qatar because of the fashion show. I was in Qatar on an official invitation and happened to watch the fashion show organised by Malaysians there at their invitation.

"I am always supportive of any efforts by Malaysians wherever they are," she told the news portal.

She then flew to Dubai on invitation by Princess Haya bint Al Hussein, the wife of Dubai's ruler, to assist the emirate in setting up a programme similar to Malaysia's Permata, an early childhood education programme.

According to the interview, among the many activities there included visits to the Dubai Humanitarian City and Dubai Healthcare City that housed various humanitarian agencies.

Later, she flew to Colombo, Sri Lanka to join her husband for the Commonwealth Heads of Government Meeting and then to Bangladesh for an official visit to extend aid for children.

‘My international links helped Malaysia'

She also repeated her contributions in using her international contacts to help evacuate stranded Malaysian students in Egypt and freeing a Malaysian student in Egypt who was arrested for suspected spying.

Najib (right) had revealed the these exact deeds by his wife at the Umno general assembly when he spoke in defense of her.

"Without sounding boastful, my close relationships with the wives of other foreign leaders have at time proved advantageous for Malaysians."

"I did not expect people to thank me or be appreciative of the little efforts I put in.
"But please stop looking for faults in others, or meddle in other people's affairs.

"And don't create stories, for that is a major sin. I never talk bad of others, I never bad-mouth the opposition," Rosmah was quoted as saying. - Malaysiakini, 16/12/2013, Rosmah: Use of private jets for work, not fun

Mat Sabu and Shia? Distractions? Remember they are also Malaysians, and Malaysians are open and not 'racist'

The recent issue involving Mat Sabu and his alleged friendship/links with Shia followers is disturbing because are they also not Muslims, Malaysians and human persons? Are Muslims in Malaysia supposed to ostracize Shias and other alleged deviants in Islam? Well, is that totally un-Malaysian and against the spirit of 1Malaysia?

One remembers the time the Catholic Church was out there prosecuting the 'protestants' - deviation from the true religion. Such 'deviants' were hunted down, persecuted and even killed. Is a similar thing happening in Islam in Malaysia?

Whose religion is the true religion? When it comes to matters of God and faith, we find that adherents always believe that their religion, sect, ways & practices, etc is the true one. Hence the need to respect(not tolerate) different believe systems and cultures that exist, and so says our Federal Constitution.

Like Christianity and many other major religions, Islam too is not homogenous, there are various different sects/schools/etc.. From Wikipedia, the following chart is instructive

 

* Other than this, there are the Ahmadiyyas ( an Islamic reform movement (with Sunni roots), and other groups, many of which majority Muslims consider not to be Islam.

The majority of Malaysian Muslims are  Sunni Islam of the Shafi'i school of thought. There are however Malaysians who are Sunni who follow different school. Shias and others.

Although the Federal Constitution makes no distinction, and just says Islam generally, State and Federal Acts governing Islam may have provided a narrower definition of Muslims.

Being a non-Muslim Malaysians, I am indeed confused for is not our Federal Constitution that says that in Article 3(1) that states that :-

(1) Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation.

There has been some Fatwas that discus this.

Apa Itu Fatwa?

Definisi Fatwa

Pada bahasa ia diambil daripada afta-ifta'an yang memberi maksud menjelas dan menghuraikan hukum permasalahan.

Dari Segi Istilah

Pada istilahnya pula, fatwa mempunyai pelbagai definisi antaranya:

1. Fatwa adalah sebagai jawapan yang dibuat oleh mufti pada perkara yang berlaku apabila diajukan soalan kepadanya.
    
2. Fatwa ialah mengkhabarkan hukum Allah SWT sama ada pada yang mesti atau harus. Source:- e-

Definition Fatwa

 

In English it is derived from the AFTA-ifta'an that clarify and explain the purpose of the law concerns.

 

In terms of term

 

During the term, the fatwa has many definitions including:

 

1. A fatwa is a response made by the mufti in the things that happen when posed a question to him.
    
2. Fatwa is preach the law of God either must or should.

On 15/1/1997, the Federal Territory of Kuala Lumpur had a fatwa which was gazetted  on 30/1/1997 entitled 'Curbing the influence of Shia in Malaysia'  (Membendung Pengaruh Syiah Di Malaysia), and this amongst others revoked the earlier decision that Shia sects were permissible in Malaysia [(a) Memansuhkan keputusan muzakarah Jawatankuasa Fatwa pada 24 dan 25 September 1984 yang menyatakan ' bahawa hanya mazhab syiah dari golongan Al-Zaidiah dan Ja"fariah yang diterima untuk di "amalkan di Malaysia ']

Theafter, the gazette said that the only permitted Islam is "Establish that Muslims in Malaysia should only follow the teachings of Islam which is based on holding the Sunnah Wal-Jamaah in terms of "faith, syari" ah and morality."{b) Menetapkan bahawa umat Islam di Malaysia hendaklah hanya mengikut ajaran Islam yang berasaskan pegangan Ahli Sunnah Wal-Jamaah dari segi "aqidah, syari"ah dan akhlaq]

What is  Sunnah Wal-Jamaah? Pengertian Ahli Sunnah Wal Jamaah ialah kumpulan orang Islam yang berpegang kepada al-Quran, al-Sunnah dan pendapat para Sahabat yang bersepakat di atas kebenaran yang nyata dari Kitab Allah dan Sunnah Rasulullah s.a.w. (Meaning of Sunnah Wal Jamaah is a group of Muslims who adhere to the Qur'an, the Sunnah and the consensus opinion of the Companions on the plain truth from Allah and His Messenger)

When it comes to Islamic law in Malaysia, section 2 of the Administration of the Religion of Islam(State of Selangor) Enactment 2003 seem to imply that the authorities to be followed in Malaysia are the Sunni schools of Shafie or Hanafi, Maliki or Hanbali 

"Hukum Syarak" means Hukum Syarak according to Mazhab Shafie or any one of Mazhab Hanafi, Maliki or Hanbali;

Now, that we have a little understanding of the Islam that the Malaysian government wants to advocate, to the detriment of all other branches/schools and sects, we ask again the fundamental questions...

* Are the Shia and adherents of other forms of Islam in Malaysia Malaysians? If they are, are they also not entitled to claim of right of freedom of religion under out Federal Constitution.

* Noting that the Federal Constitution does not define Islam - then these adherents to other 'forms' would also be followers of Islam. Remember to be Malay, you must be Muslim - so, if Islam is defined as only Sunni of the schools of Syafie, Hanafi, Maliki or Hambali, then all others would maybe lose their status as Muslims - hence no more considered Malay? 

* UMNO-led Barisan Government seem to have made their position clear, what is the position of Pakatan Rakyat and the other opposition parties? We know that the majority of Muslims in Malaysia are Sunni Shafie, and as such it may be politically wise to take this UMNO and current Federal Government position, or maybe take a principled position irrespective of the majority Muslim view.

* Recently some have asked the question of if the Malaysian government is against Shias and other forms/derivatives of Islam, maybe it should also question its relationship with Shia nations - maybe even make an issue of the composition of even the OIC (Organisation of Islamic Countries), maybe even have a policy of admittance into Malaysia of persons who are Shia and from the other forms/derivatives of Islam, stop sending Malaysian students to such countries, etc - Well, Malaysia by way of policy/practice is not seem to be doing any such things, and as such the motive of targeting of PAS, in particular Mat Sabu, are questionable.

There are so many problems in Malaysia and sometimes race or religious based issues are raised to distract us from the other issues, or to create divisions. Some anti-union employers, when it comes to trade unions have been known to try to propagate beliefs that it not right that non-Muslims lead trade unions, etc - but Malaysian workers would not be 'distracted' by such perspectives, and choose to choose the best person to lead their trade unions and movements.

Do not support him because he is a Shia. Do not support him because he is a non-Muslim. Do not support him because he is a non-Chinese or a non-Indian. All these have been used but Malaysians have generally rose above such narrowness and would choose the best person for the job or leadership role. 

Sadly, UMNO, MIC and MCA started of as race-based (or ethnic-based parties) and still continue as such without considering 'transformation' into truly Malaysian parties, where the differences would be political ideology and strategies of governing Malaysia in political, economical and socio-cultural issues.

When Malay support for UMNO declined, UMNO open its doors to other Muslims. Indian Muslims previously in MIC, for example, finds themselves in UMNO today (A friend of mine, whose father was an MIC Senator is himself now an UMNO member). But, interestingly the BN coalition is suffering and the representation of Malaysian Chinese and Indians, for example, have been dropping. To regain Malay support, UMNO now seem to be the 'religious' factor, i.e. that it is more 'Islam' than PAS, PKR and even DAP. Hence moral bullets have been used against opposition - we had the Sodomy trials, and now we have the new Sabu and Shia issue...

The Shia issue also raises concerns - are we now moving to classifications of Muslims in Malaysia? But as I mentioned, let us not be distracted from the real concerns that must be addressed - poverty in Malaysia (yes, so much so this BN government has now to hand out alms to us like beggars in the form of BR1M to help Malaysians survive - see 21 million poor Malaysians in need of government financial aid? Poverty line income should be increased to RM3,000 in line with BR1M), worker issues (minimum wage, employment security i.e. regular employment until retirement, 'union busting', etc)

What is also disturbing is the involvement of the executive like the Home Minister. Why is the Minister spending so much time gathering evidence and utilizing resources of the Ministry - should it not be left to bodies like JAKIM and the relevant department concerned with the administration of Islam?

Syiah issue: Mat Sabu faces Grade A evidence

BAGAN DATOH: The Home Ministry will present strong evidence linking PAS deputy president Mohamad Sabu (pic) to the Malaysian Islamic Development Department (Jakim) for further action.

Minister Datuk Seri Dr Ahmad Zahid Hamidi said this was because the case had entered the enforcement stage.

“All evidence, including the Grade A evidence, will be presented to Jakim because we are involved in security issues, while Jakim’s duty is to look into issues pertaining to akidah (Islamic faith).

“Hence, it is crucial to present the evidence to the department,” he told reporters after visiting the Watersports Carnival 2013 at the jetty here yesterday.

Dr Ahmad Zahid said any action on Syiah-related cases would also be taken by Jakim and state religious councils.

Prior to this, the ministry had announced 10 Grade B evidence on Mohamad’s involvement in Syiah activity, while more concrete evidence, deemed Grade A, had yet to be made public.

It was reported that the Home Ministry had listed 10 points, which were categorised as Grade-B Evidence, to show Mohamad Sabu’s involvement with Syiah.

Mohamad, who is popularly known as Mat Sabu, has denied the accusations.

Dr Ahmad Zahid said it was up to Jakim whether they wanted to reveal the Grade-A evidence to the public.

Grade-A evidence refers to statements recorded from more than 20 people, some of whom shared the same political views as Mat Sabu.

Meanwhile, Dr Ahmad Zahid said he would stop making further statements on the Syiah issue.

“I am confident that the department would take action to curb the dissemination of the Syiah ideology,” he said. - Star, 16/12/2013, Syiah issue: Mat Sabu faces Grade A evidence

By the way, there is no need to reveal the evidence now - let it be revealed in court, and let the court make a determination.

Will they charge Sabu? Or is this all to just cast doubts about Sabu utilizing government resources. If yes, it is so unfair...

What is Grade A Evidence? Evidence is not like eggs where there is Grade A, B or C. Evidence is evidence, and when and if presented in court, the courts will decide whether it is credible evidence or not