Malaysian Bar statement on retired judges appearing as lawyers in Anwar Ibrahim appeal

Press Release | Concerns Persist Regarding Choice of Lead Prosecutor and Lead Counsel

Thursday, 30 October 2014 04:35pm

The Malaysian Bar read with interest and quiet amusement some of the recent comments made regarding the position of the Malaysian Bar with respect to retired judges appearing in court as counsel.  The stance of the Malaysian Bar on this issue is as stated in the  ​ resolution passed at our Annual General Meeting held on 15 March 2014.  The resolution, which is reproduced below, is clear and speaks for itself. Notwithstanding the concerns of the Malaysian Bar on this issue, which were articulated in court, the Federal Court has ruled that there is nothing presently in law that prohibits a retired judge from appearing as counsel in court.  See Federal Court Civil Application No 08-438-06/2013.  Applicant: MTM Millenium Holdings Sdn Bhd; Respondents: 1. Pasukhas Construction Sdn Bhd; 2. I-Innovations Construction Sdn Bhd.  The Malaysian Bar also notes the recent issues or controversies involving the propriety or otherwise of the appointment and appearance of the lead prosecutor in the Dato’ Seri Anwar Ibrahim appeal.  Again, the Federal Court has decided that there is nothing improper in this regard. Although for different reasons, a common issue and concern of the Malaysian Bar relating to both the appointments and appearances of the lead prosecutor for the Respondent and the lead counsel (a retired judge) for the Appellant in the said appeal is that justice might not be done, or might not be perceived to be done. Apart from the above, the Malaysian Bar will make no further comment whilst the hearing of the appeal is ongoing in the Federal Court. Christopher Leong President Malaysian Bar 30 October 2014 68th Annual General Meeting of the Malaysian Bar  Renaissance Kuala Lumpur Hotel  Saturday, 15 March 2014 Resolution regarding retired judges of the superior courts appearing as counsel in court (A) WHEREAS it is a fundamental principle of the Malaysian legal system that not only must justice be done, it must be seen to be done; thus perceptions and appearances matter. (B) WHEREAS it is a principle of antiquity in common law jurisdictions that a retired judge of a superior court should not practise as counsel before the judges who were previously his colleagues or his junior to him on the Bench. (C) WHEREAS that tradition and convention was likewise observed in Malaysia for decades, until in recent years. (D) WHEREAS retired judges now frequently appear as counsel, not only in the superior courts, but also in the subordinate courts and even to argue chamber applications. (E) WHEREAS such conduct may involve the retired judge/counsel purporting to rely upon, distinguishing or criticising decisions made by him while he was on the Bench; worse, there could arise a situation of such a retired judge invoking the principle of stare decisis to submit that the Court is bound by some decision of his handed down when he was a judge. (F) WHEREAS such conduct may have the effect of intimidating the Bench and worse, it could give the perception that the said retired judge/counsel and his client have an advantage over other counsel and adverse parties. (G) WHEREAS such conduct may adversely affect public perception as to the administration of justice. (H) WHEREAS the co-proposer of this motion, Tan Sri V C George and five other retired Judges of the superior courts have written a letter to the President of the Malaysian Bar dated 2 March 2014, expressing their view, concern and objection with the practice of some retired Judges of the superior courts appearing as counsel in Court. (I) In the context, retired Judges of the superior court having failed to honour tradition and convention by appearing as counsel, they must now be prohibited or restricted by law from continuing with such unacceptable conduct. The Malaysian Bar therefore resolves: (1) That a retired judge of the superior courts should be prohibited or restricted by law from appearing as counsel in court, and to achieve that objective calls on the incoming Bar Council to propose an amendment of the Legal Profession Act 1976 to the Attorney General for urgent presentation to Parliament; and (2) The Bar Council takes all reasonable steps to educate the public on the reasons for the proposed amendment to the law.

Pope: no to death penalty and to inhuman prison conditions

Pope addresses International Association of Criminal Law - RV

23/10/2014

(Vatican Radio) Pope Francis on Thursday called on all men and women of good will to fight for the abolishment of the death penalty in “all of its forms” and for the improvement of prison conditions.

The Pope was addressing a group of members of the International Association of Criminal Law whom he received in the Vatican.

In his discourse the Pope also addressed the need to combat the phenomena of human trafficking and of corruption.

And he stressed that the fact that the enforcement of legal penalties must always respect human dignity.

In a dense and impassioned discourse to the Jurists assembled in the Vatican for a private audience, Pope Francis said that the “life sentence” is really a “concealed death sentence”, and that is why – he explained – he had it annulled in the Vatican Penal Code.

Many of the off-the-cuff comments  during the Pope’s speech shone the light on how politics and media all too often act as triggers enflaming “violence and private and public acts of vengeance” that are always in search of a scape-goat.

Recalling the words of Saint John Paul II who condemned the death penalty as does the Catechism, Francis decried the practice and denounced  “so-called extrajudicial or extralegal executions” calling them “deliberate homicides” committed by public officials behind the screen of the Law:

“All Christians and people of goodwill are called today to fight not only for the abolition of the death penalty be it legal or illegal, in all of its forms, but also for the improvement of prison conditions in the respect of the human dignity of those who have been deprived of freedom. I link this to the death sentence. In the Penal Code of the Vatican, the sanction of life sentence is no more. A life sentence is a death sentence which is concealed”.

And Pope Francis had words of harsh criticism for all forms of criminality which undermine human dignity, there are forms of his – he said - even within the criminal law system which too often does not respect that dignity when criminal law is applied.

“In the last decades” – the Pope said – “there has been a growing conviction that through public punishment it is possible to solve different and disparate social problems, as if for different diseases one could prescribe the same medicine.”  

He said this conviction has pushed the criminal law system beyond its sanctioning boundaries, and into the “realm of freedom and the rights of persons” without real effectiveness.

"There is the risk of losing sight of the proportionality of penalties that historically reflect the scale of values upheld by the State. The very conception of criminal law and the enforcement of sanctions as an ‘ultima ratio’ in the cases of serious offenses against individual and collective interests have weakened. As has the debate regarding the use of alternative penal sanctions to be used instead of imprisonment”.

Pope Francis speaks of remand or detention of a suspect as a “contemporary form of illicit hidden punishment” concealed by a “patina of legality”, as it enforces “an anticipation of punishment” upon a suspect who has not been convicted. From this – the Pope points out – derives the risk of multiplying the number of detainees still awaiting trial, who are thus convicted without benefiting from the protective rules of a trial. In some countries – he says – this happens in some 50% of all cases with the trickledown effect of terribly overcrowded detention centers:

“The deplorable conditions of detention that take place in different parts of the world are an authentic inhuman and degrading trait, often caused by deficiencies of criminal law, or by a lack of infrastructures and good planning. In many cases they are the result of an arbitrary and merciless exercise of power over persons who have been deprived of freedom.”

Pope Francis also speaks of what he calls “cruel, inhuman and degrading punishments and sanctions,” and compares detention in maximum-security prisons to a “form of torture”. The isolation imposed in these places – he says – causes “mental and physical” suffering that result in an “increased tendency towards suicide”. Torture – the Pope points out – is used not only as a means to obtain “confession or information”:

“It is an authentic ‘surplus’ of pain that is added to the woes of detention. In this way torture is used not only in illegal centers of detention or in modern concentration camps, but also in prisons, in rehabilitation centers for minors, in psychiatric hospitals, in police stations and in other institutions for detention or punishment”.

And Pope Francis said children must be spared the harshness of imprisonment – as must, at least in a limited way – older people, sick people, pregnant women, disabled people as well as parents if they are the sole guardians of minors or persons with disabilities.

The Pope also highlighted one of the criminal phenomena he has always spoken out against vehemently: human trafficking which - he says – is the result of that “cycle of dire poverty” that traps “a billion people” and forces at least 45 million to flee from conflict:           

“Based on the fact that it is impossible to commit such a complex crime as is the trafficking of persons without the complicity, be it active or of omission of action of the State, it is evident that, when the efforts to prevent and combat this phenomenon are not sufficient, we find ourselves before a crime against humanity. This is even truer if those who are responsible for the protection of persons and the safeguard of their freedom become an accomplice of those who trade in human beings; in those cases the State is responsible before its citizens and before the international community”.

Pope Francis dedicates an ample part of his discourse to corruption. The corrupt person – according to the Pope – is a person who takes the “short-cuts of opportunism” that lead him to think of himself as a “winner” who insults and persecutes whoever contradicts him. “Corruption” – the Pope says “is a greater evil than sin”, and more than “be forgiven, must be cured”.

“The criminal sanction is selective. It is like a net that captures only the small fish leaving the big fish to swim free in the ocean. The forms of corruption that must be persecuted with greatest severity are those that cause grave social damage, both in economic and social questions – for example grave fraud against public administration or the dishonest use of administration”.

Concluding, Pope Francis exhorted the jurists to use the criteria of “cautiousness” in the enforcement of criminal sanctions. This – he affirmed – must be the principle that upholds criminal law:

“The respect for human dignity must operate not only to  limit the arbitrariness and the excesses of State officials, but as a criteria of orientation for the persecution and the repression of those behaviors that represent grave attacks against the dignity and the integrity of the human person”.

(Linda Bordoni) - Vatican Radio, 23/10/2014, Pope: no to death penalty and to inhuman prison conditions

A bad suggestion to classify Malaysians into those deserving subsidy and those that do not - RON95?

A rather foolish suggestion, in my opinion. So, what you want to do - give us poor and middle income Malaysians a 'subsidy card' - so another project, I believe... to get these cards to have this information 'this person is qualified to get subsidized petrol' ...and yes, you will need a reader in all petrol stations too.... a 'big project' that will enrich some. Who gets the contract? 

Second problem - Malaysians have our DIGNITY - we do not want to be branded poor and middle incomed persons that need financial assistance.  Note, many a Malaysian who now qualify for BR1M do not even go and register, let alone receive these 'handouts'. We have our pride and dignity.

Third, the obvious fact is that the rich would have not changed from Ron 97 to Ron 95 - the differences in prices really do not affect them at all. It is Malaysians who are already poor or middle incomed that did change to Ron 95, although experts would have stated it would have not been good for their cars.

Well, this Malaysian government PROMISED us that it will continue to provide subsidy if we use Ron 95 - so now would not this move be a breach of that promise after so many of us changed from RON97 to RON95? 

Well, maybe for those with cars valued at more than RM100,000 save for 'station wagon type cars' used by people with bigger families should not be entitled to subsidized RON 95 - but enforcement would be a lot difficult. 

All in all, a poorly thought off suggestion. 

Of course, the rich and the very rich should be contributing more for the wellbeing and welfare of all in Malaysia - and the correct and easiest way was to increase the income tax rates of the rich and super rich >>> BUT alas Malaysia is reducing their rates... Our rates of income tax for the rich and super rich should be high at 35 - 45% or taxable income --- but this government has been reducing it to what now....24% - see earlier posting

Budget:- Little help for the poor but Great help for the rich and very rich

Increase Individual Chargeable Income Tax Rates - 30 - 50%? Malaysia desperately needs money...

So the classes would be :- Malaysians Requiring Subsidy AND Malaysians Not Requiring Subsidy {Will we get different coloured MyKads...or maybe there will be a new category - Orang Miskin 1Malaysia and Orang Kaya 1Malaysia

Hello, we Malaysians have DIGNITY - treat us equally...stop treating us like 'Beggars"...

High-income Malaysians to pay more for RON95 next year – Bernama

Published: 23 October 2014

Starting June next year, the purchase of RON95 petrol for those in the high-income bracket will be according to market prices, said Deputy Finance Minister Datuk Ahmad Maslan (pic).

He said the mechanism and methods of implementation were being finalised by the Finance Ministry and Domestic Trade, Cooperatives and Consumerism Ministry either through the use of MyKad or other cards.

"They will pay the cost of RON95 according to market prices. For example if the price is RM2.58 sen, then it is RM2.58 sen," he told a news conference after presenting a talk on the goods and services tax (GST) for senior officers of the Regional and Rural Development Ministry and its agencies in Bangi today.
He said those in the low- and middle-income groups would continue to enjoy RON95 at subsidised prices. "This system is fairer as only those qualified will receive the subsidy," he said, adding that a similar system would be implemented for diesel consumers starting January next year via the fleet card.

At present the price of RON95 is RM2.30 a litre.

At the news conference, Regional and Rural Development Minister Datuk Seri Mohd Shafie Apdal said the GST talk was important so that the people were not be easily influenced by inaccurate information being spread by irresponsible quarters.

He said information to rural residents would also be intensified not only through talks nationwide by the finance ministry but also involved agencies under his ministry. – Bernama, October 23, 2014, Malaysian Insider

 

- See more at: http://www.themalaysianinsider.com/malaysia/article/high-income-malaysians-to-pay-market-price-for-ron95-next-year-bernama#sthash.dtR6pBD2.dpuf

8 Days Now Without TM Internet/Phone - Complain to Ministry on 19th October ineffective?

16/10/2014 - Loss of TM Phone/Internet Service

23/10/2014 - Still TM failed to restore service - to date TM or their technicians have failed to contact me or even send an SMS telling me the reason for their failure to restore service within 23 Hours

6 days without Internet/Phone Service - TM fails to restore service to kampung

TM again fails to restore service within 24 hours... 3 days now (and not even a call or SMS updating the consumer)?

The phone bill  of my neighbour arrived, and monthly charges are required to be paid despite the disruption of service also in September 2014  - 8 days without Internet/Phone - Telekom Malaysia Inefficient? - Informed Ministry - Hope service is restored soon

Phone/Internet disruption in September 16 September, and it was restored in a day after I complained to the Ministry on 25/9/2014 - TEN DAYS WITHOUT TM INTERNET/PHONE SERVICE

* Today, we send again a complaint to the Ministry

 

 

 

Budget an eyewash, no help to workers, says MTUC

See also:- A Serious Lack Of Concern For Workers In Budget 2015?

Budget an eyewash, no help to workers, says trade union group

BY V. ANBALAGAN, ASSISTANT NEWS EDITOR

Published: 11 October 2014

Gopal laments the lack of benefits to workers in the private sector, especially in terms of minimum wage increase and cost of living allowance. - The Malaysian Insider pic, October 11, 2014.Some seven million private sector workers who earn less than RM3,000 a month are no better off under Budget 2015 as it does not adequately address their financial concerns, the Malaysian Trade Union Congress said today.

 

 

Expressing disappointment with the budget proposals tabled by the prime minister yesterday, its secretary-general N.Gopal Kishnam said the umbrella body for trade unions had expected Datuk Seri Najib Razak to advise private sector employers to pay monthly cost of living allowance to workers.

"It was done in the 1970s when Najib's father Tun Abdul Razak was the prime minister and later, employers absorbed the allowance as part of the salary package," he told The Malaysian Insider.

Gopal said public sector workers were paid such an allowance ranging between RM200 and RM300 per month, depending on the locality they worked. He said Najib also did not touch on the minimum wage to workers which should be revised from January next year.

Currently the minimum basic salary for employees in the peninsula is RM900 per month and RM800 for those  in Sabah and Sarawak.

MTUC is proposing a figure of RM1,200 to the National Wage Council.

Gopal further said BR1M was not a solution to ease the financial burden of the low income group as traders would take the opportunity to raise prices.

"Prices of goods and services will be higher when the Goods and Service Tax is introduced in April next year," he said.

Najib said those earning RM3,000 and below will be given RM950 instead of the current RM650 but in three instalments.

For those earning RM3,000 to RM4,000, BR1M will be increased to RM750 (from RM450).

"To me, BR1M is like giving fish to the poor. The government needs to create an economic environment for the people to earn a higher income," said Gopal.

He also said the reduction in income tax by one to three percentage points was negligible.

"Whatever little savings will go into paying for the potential hike in goods and services next year," he added.

He said Najib's proposal that families with monthly income of less than RM4,000 would not have to pay tax was at best hollow as this group did not contribute to the government’s coffers after taking into account tax reliefs provided to them.

Gopal said the RM200 monthly financial aid for borrowers in the first two years to reduce their burden of monthly instalments under the Youth Housing Scheme was intended to help developers sell their properties.

"There is no will by the government to check the price of houses in rural and urban areas," he said.

On Najib’s announcement that the Employment Act and related labour laws would be amended to suit the changing times, Gopal said: "MTUC hopes any changes are not biased towards employers and make it easy for them to hire and fire workers.”

He hoped MPs from both sides of the political divide would scrutinise the budget proposals and provide valuable input to the government. – October 11, 2014., Malaysian Insider

 

- See more at: http://www.themalaysianinsider.com/malaysia/article/budget-an-eyewash-no-help-to-workers-says-trade-union-group#sthash.8YcV8jPZ.dpuf

6 days without Internet/Phone Service - TM fails to restore service to kampung

16/10/2014 - Loss of TM Phone/Internet Service

21/10/2014 - Still TM failed to restore service - to date TM or their technicians have failed to contact me or even send an SMS telling me the reason for their failure to restore service within 23 Hours 

When I call 100, they are shocked that I have not been contacted - for last 2 times, they referred my complaint to the 2nd level....but alas still no restoration of service..

Maybe, we should nationalize telecommunication and internet service - for TM seem to be incapable to doing the needful speedily... (The last time, it took 9-10 days - but when the Bill comes, they do charge for the full month - they should not only deduct the days they could not provide service - but also compensate the consumer for the additional costs incurred - yes, I have to travel to the internet shop daily...)

Reason, someone cut or stole the phone cable - did TM make the relevant police reports. I am sure police could have identified the perpetrators easily - who buys 'stolen' telephone cables? Who buys copper that is apparently found in these cables? Surely not many suspects...

Some suggest that these are done by the contractors who have been outsourced the task of dealing with complaints and doing repair work...How are these contractors paid - depending on the number and kind of work done? The relevant Minister should look at this as apparently this 'cable theft' cases are on the rise...  

I have brought it to the attention of the relevant Ministry but.....

See earlier post:-

TM again fails to restore service within 24 hours... 3 days now (and not even a call or SMS updating the consumer)?

Since 2012, only 273 police have been nabbed for corruption - 43 charged in court??

Excellent start in nabbing 273 policemen on suspicions of accepting bribes since 2012 - but one wonders whether the figure maybe a bit too low...Better for us to have an Independent Body where people can lodge complaints against the police....

When action is taken against public servants for corruption - it must be highlighted in the media. This will act as a deterrent, and will also encourage people to come forward and complain.

Corruption today takes many forms - no more just the simple giving and accepting of monies. It could also be the promise of a well-paid Directorship after retirement. It may also be support for promotions, etc..

Corruption may be for doing something ...and also not doing something. 

I recently called 911 - because I suspected that a housing developer (or his agents) were in the process of encroachment into government land reserved for road extension, and stealing soil. A tractor was being used to dig up land and transport - possibly selling it to 3rd parties. Now, one lorry load of soil costs about RM300-RM400 - so, when they took away about 30 lorries, that is big money. I called 911, as the alleged perpetrators of the crime were in the process of doing what I verily suspected was a crime.The police turned up in a car, and out stepped 2 policeman, one lit a cigarette... I explained to them what was happening. The person with the tractor driver said that they had permission...but there was no evidence of this...

What the police should have done was to take down the names of the alleged perpetrators...take some photos... and, if they are uncertain whether a crime was being committed or not, then make a police report so that the crime is investigated. They tried to ask me to go make a police report....why? The police knows the allegation - so all they need to do is make a report and the police investigators may investigate. Remember, this was not my land - but government land. Was this just laziness? or incompetence? or maybe even corruption? If only the police had done the needful after a member of the public did his duty to bring to the attention of the police the possibility of a crime?  I do not know but if this is the attitude, many a concerned citizen will just not bother to call the police...

 

'273 policemen caught for bribery since 2012'

The police have always allowed the Malaysian Anti-Corruption Commission (MACC) to investigate policemen who are suspected of accepting bribes.

    

Inspector-general of police Khalid Abu Bakar said police had never sheltered its errant officers or policemen but would hand them to MACC for prompt action.

    

"Indeed, police have been leaving it to the MACC to investigate while the police are more towards investigations related to indiscipline and standard procedures," he told reporters after receiving a MACC delegation at the Dewan Theatrette, Menara 1, Bukit Aman yesterday.

    

Since 2012, 273 police personnel were nabbed on suspicion of accepting bribes and of the total, 43 were charged in court and 168 are still being investigated, he said.

 

According to Khalid (right), the number of policemen accepting bribes during the three-year period had dropped by 12.4 per cent.

   

"Offences involving corruption does not only involve policemen but also involves any agency with enforcement officers and personnel," he said.

    

However, at the same time, there were 17 cases this year involving 50 personnel and officers who rejected bribes.

    

"Of the total, 36 policemen were awarded for turning down bribes from April to September this year," he said.

 

- Bernama - Malaysiakini, 21/10/2014,

Workers and Unions call for support to end Union Busting and promotion of worker rights....

These 150 over workers and unionist walked against 'union busting' activities - and are now calling upon the Malaysian Bar, Human Rights Commission (SUHAKAM) and in fact all persons concerned for justice and human rights to push for changes in policy and law of the Malaysian government, etc... so that 'union busting' activities will end and there will be respect for worker and union rights

See earlier Blog post, which also contains the memorandum handed over

Malaysian workers marched against Union Busting amd worker right violations in Malaysia

Malaysiakini - BM

Kesatuan jalan kaki bantah isu cabul hak berpesatuan

Kira-kira 150 pekerja termasuk 20 pemimpin kesatuan pekerja hari ini berjalan kaki bagi menyerahkan memorandum membantah pencabulan hak berpesatuan.

Kumpulan ini bergerak daripada stesen Keretapi Tanah Melayu Berhad (KTMB) bermula jam 10 pagi dalam dua kumpulan secara berasingan menuju ke pejabat Majlis Peguam dan Suruhanjaya Hak Asasi Manusia Malaysia (Suhakam).

Mereka yang memakai baju berwarna hitam melaungkan "Hidup pekerja" dan "Hentikan pencabulan hak pekerja" dan ada di antara mereka menyanyikan lagu KTMB sambil memegang sepanduk "Jangan cabul hak kami".

Bagi kumpulan pertama, mereka menyerahkan memorandum di Majlis Peguam terlebih dahulu sebelum bertemu kumpulan kedua yang berkumpul depan pusat membeli belah Sogo bagi menyerahkan memorandum kepada Suhakam.

Antara wakil kesatuan sekerja yang terlibat dalam kempen itu ialah Kongres Kesatuan Sekerja Malaysia (MTUC), Kesatuan Pekerja Keretapi Tanah Melayu (RUM) dan Kesatuan Kebangsaan Pekerja-pekerja Bank (NUBE).

Hadir sama Setiausaha Eksekutif Kesatuan Kebangsaan Pekerja-pekerja Perusahaan Alat-alat Pengangkutan dan Sekutu, Syed Shahir Syed Mohamud.

Sementara, Presiden MTUC Khalid Atan yang mengetuai kumpulan pertama menyerahkan memorandum itu kepada Timbalan Ketua Pegawai Eksekutif Majlis Peguam Chan Oy Sim di pejabat Majlis itu.

Memorandum itu antara lain meminta Majlis Peguam dan Suhakam mendesak kerajaan menghentikan segala dakwaan pencabulan hak kesatuan pekerja dan memperkenal undang-undang yang lebih berkesan bagi menghalang majikan melakukan pencabulan hak berpesatuan di kalangan pekerja.

Mereka kemudiannya berjalan kaki menuju ke pusat membeli belah Sogo bagi menyerahkan memorandum kepada Suhakam bersama-sama dengan ahli kesatuan yang lain.

Sementara itu, kira-kira jam 12.00 tengahari, Khalid bersama Presiden RUM Abdul Razak Md Hassan dan beberapa wakil RUM dan Nufam menemui Pesuruhjaya Suhakam James Nayagam untuk menyerahkan memorandum dan mengadakan perbincangan selama 10 minit.

Sebelum itu, Abdul Razak berkata kempen berjalan kaki secara aman ini adalah kemuncak terhadap tindakan menamatkan perkhidmatan 41 pekerja KTMB kerana berpiket.

“Kita berjalan kaki hari ini untuk mengutuk pencabulan berpesatuan yang boleh menghancurkan kesatuan pekerja di negara ini”

“Pencabulan ini memberi kesan yang buruk kepada masa depan pekerja di negara ini,” katanya.

Sebelum ini, RUM mencabar presiden syarikat Keretapi Tanah Melayu Berhad (KTMB), Datuk Elias Kadir berdebat dengan pihak kesatuan bagi menjelaskan sebab pemecatan anggotanya dari syarikat tersebut.

Kira-kira jam 12.45 tengahari peserta yang menyertai perhimpunan itu bersurai secara aman.- Malaysiakini, 20/10/2014,Kesatuan jalan kaki bantah isu cabul hak berpesatuan

Malaysian Insider

MTUC gesa henti ‘union busting’, serah memorandum kepada Suhakam

OLEH MOHD FARHAN DARWIS

Published: 20 October 2014

Kongres Kesatuan Sekerja Malaysia (MTUC) hari ini menyerahkan memorandum kepada Suruhanjaya Hak Asasi Manusia Malaysia (Suhakam) bagi menggesa majikan menghentikan segala bentuk penindasan "Union Busting" terhadap pekerja mereka.

Presiden MTUC Khalid Atan berkata, pihaknya mewakili pekerja yang tertindas mengharapkan campur tangan badan hak asasi manusia itu untuk membela nasib pekerja yang diberhentikan majikan tanpa sebarang alasan yang munasabah.

Kumpulan berkenaan mengadakan bantahan secara aman di perkarangan pejabat Suhakam dengan membawa plakad tertera perkataan "Hentikan Union Busting" sambil melaungkan "Henti Penindasan", "hidup, hidup pekerja", dan "hidup Suhakam".
"Kita hari ini di Suhakam, berbincang dengan pesuruhjaya atas tindakan majikan yang tidak bertanggungjawab, dan kita mahu Suhakam memberi pembelaan kepada pekerja yang dibuang tanpa sebarang alasan. "Mereka (Suhakam) mungkin akan anjurkan pertemuan antara majikan dan pekerja untuk membincangkan permasalahan ini," kata Khalid dalam ucapannya sejurus penyerahan memorandum kepada Anggota Pesuruhjaya Suhakam James Nayagam.

Sebelum itu, MTUC turut berarak ke pejabat Majlis Peguam untuk memorandum yang sama.

"Hari ini kita berhimpun membantah tindakan majikan membuang pekerja tanpa sebab munasabah.

"Pagi tadi kita serah memorandum kepada Majlis Peguam, dan mereka janji akan kaji aduan kita dan membawa perkara ini kepada pihak atasan," kata Khalid di depan lebih 50 peserta piket.

Program yang dikenali sebagai "MTUC Walk" itu bermula sekitar jam 9.30 pagi dengan peserta berhimpun di depan bangunan Keretapi Tanah Melayu Bhd (KTMB) sebelum bergerak ke pejabat Majlis Peguam.

Program berkenaan kemudiannya tamat sekitar jam 12 tengahari sejurus memorandum bantahan diserahkan kepada Suhakam.

"Union Busting merupakan satu trend yang semakin ketara di mana majikan memberhentikan, menamatkan, memecat, menggantung dan mengambil tindakan disiplin terhadap pemimpin kesatuan sekerja dan ahli serta pekerja yang terlibat dalam aktiviti kesatuan sekerja yang dianjurkan secara sah," kata memorandum mereka.

Selain itu, kumpulan berkenaan turut menyatakan contoh beberapa pemimpin kesatuan sekerja yang dikenakan tindakan oleh syarikat mereka.

Antaranya ialah Presiden Kesatuan Pekerja Keretapi Tanah Melayu Bhd (RUM) Abdul Razak Md Hassan, Presiden Kesatuan Sekerja Pembantu Penerbangan Malaysia (Nufam) Ismail Nasaruddin dan Naib Presiden Kesatuan Sekerja Pekerja Bank (NUBE) Abdul Jalil Jalaludeen. – 20 Oktober, 2014.

- See more at: http://www.themalaysianinsider.com/bahasa/article/mtuc-gesa-henti-union-busting-serah-memorandum-kepada-suhakam#sthash.av5EV7XJ.dpuf

NTV7 News
MTUC: PROBE COMPANIES' MISCONDUCT

20 Oct 2014, 06:09pm BY Sobana Damodaran

The Malaysian Trade Union Congress, MTUC has submitted a memorandum to the Bar Council and the Malaysian Human Rights Commission, SUHAKAM, over alleged mistreatment of union members by certain companies.

MTUC wants the two institutions to investigate complaints of misconduct levelled at several companies, including suppressing union members.

The memorandum was handed over during a peaceful gathering in front of the Bar Council and also at the SUHAKAM office.
 
About 150 members and leaders from various unions were present.

MTUC Secretary General, Gopal Krishnam said the unions understand the employers' needs, but they must not interfere with union's business unless they broke the law.

National Union of Flight Attendants Malaysia, NUFAM former president Ismail Nasaruddin, who was recently sacked by Malaysia Airlines, said they wanted their rights to be protected.

According to the MTUC, more than 100 workers from several companies have been fired and suspended for trivial reasons.


- See more at: http://www.ntv7.com.my/7edition/local-en/MTUC_WANTS_COMPANIES_TO_STOP_SUPRESSING_UNION_WORKERS_1413799965.html#sthash.A72Hb8ib.dpuf

Malaysian workers marched against Union Busting amd worker right violations in Malaysia

On 20th October, about 150 workers and unionists marched against Union Busting - memorandums were presented to the Malaysian Bar and the Malaysian Human Rights Commission(SUHAKAM) calling for involvement in the struggle to end Union Busting and violations of worker rights in Malaysia...

 

MEMORANDUM CALLING FOR AN END OF ALL FORMS OF UNION BUSTING AND VIOLATION OF WORKER RIGHTS 

17 October 2014 

A disturbing ‘UNION BUSTING’ trend is immerging, whereby employers have been terminating, suspending and taking disciplinary actions against TRADE UNION leaders and members, and workers involved in legitimate TRADE UNION and worker activities.

1. For picketing in front of Keretapi Tanah Melayu Berhad (KTMB) on the issue of worker future welfare and rights, which the Union saw as being impeded by the current President of KTMB, KTMB terminated the Railway Union Malaysia (RUM) President (Abdul Razak Md Hassan), Vice President (R. Subramaniam), 41 others and suspended 27 others union members that participated in the said picket.

2. For the issuance of a media statement as the President of the National Union of Flight Attendants Malaysia (NUFAM), Ismail Nasaruddin was terminated by Malaysian Airlines Systems Berhad (MAS) by reason that it is misconduct for an employee to issue a Statement. NUFAM Secretary General (Mohd Akram Osman) and 5 union members have also been terminated for union activities.

3. For the National Union of Bank Employees (NUBE) activities, Vice-President (Abdul Jamil Jalaludeen) and Treasurer General (Chen Ka Fatt) was terminated by bank management.

4. For someone else being raised issues about worker injustices in a closed Facebook group of union members, the President of Electronic Industry Employees Union Western Region, Peninsular Malaysia (EIEUWR)/ Kesatuan Sekerja Industri Elektronik Wilayah Barat Semenjung Malaysia (KSIEWBSM), Wan Noorulazhar bin Mohd Hanafiah was terminated by RENESAS.

5. For the submission of a Malaysian Trades Union Congress (MTUC) memorandum to candidate contesting in the General Elections to get commitment to worker rights, 18 union members from National Union of Transport Equipment and Allied Industries Workers/ Kesatuan Kebangsaan Pekerja Pekerja Perusahaan Alat Alat Pengangkutan dan Sekutu (NUTEAIW) were terminated in DRB HICOM subsidiaries in Pekan, Pahang including the MTUC Pahang Chairman Rusaini Ramli.

6. For issuance of a media statement as a President of National Union of Journalist (NUJ), Mohamed Hatta Wahari, Deputy President and Branch Chairman Amran Ahmad and Deputy Secretary Norazri Abdul Rahman was terminated by Utusan Melayu (M) Bhd.

7. President and 16 Union leaders and workers of Kesatuan Kakitangan Pekerja-Pekerja Westport (M) Sdn Bhd was terminated for union activities.

8. For picketing in front of Ansell NP Sdn.Bhd, Malacca on the issue of worker welfare and rights, Ansell NP Sdn. Bhd terminated the Branch Deputy Chairman (NUECMRP) and 9 union members that participated in the said picket.

The above, are some of the cases in which workers have been terminated, and/or disciplined by reason of their involvement in union activities.

The Industrial Relations Act 1967, section 5 – Prohibition on employers and their trade unions in respect of certain acts’ provides that ‘…(1) No employer or trade union of employers, and no person action on behalf of an employer or such trade union shall-(a) impose any condition in a contract of employment seeking to restrain the right of a person who is a party to the contract to join a trade union, or to continue his membership in a trade union;(b) refuse to employ any person on the ground that he is or is not a member or an officer of a trade union;(c) discriminate against any person in regard to employment, promotion, any condition of employment or working conditions on the ground that he is or is not a member or officer of a trade union;(d) dismiss or threaten to dismiss a workman, injure or threaten to injure him in his employment or alter or threaten to alter his position to his prejudice by reason that the workman- (i) is or proposes to become, or seeks to persuade any other person to become, a member or officer of a trade union; or (ii) participates in the promotion, formation or activities of a trade union; or (e) induce a person to refrain from becoming or to cease to be a member or officer of a trade union by conferring or offering to confer any advantage on or by procuring or offering to procure any advantage for any person….’ is the particular provision now available to protect termination, disciplinary action and/or discrimination against union members but is found to be insufficient.

The government talks about industrial harmony, and promotes the usage of complaint mechanisms but a great injustice happens because business and employers continue unaffected making profits, whilst the wrongfully dismissed workers is left to languish without employment and income which affects the welfare and wellbeing of workers and their families. The process of resolving wrongful dismissal cases take years to resolve, and at the end of the day majority of the workers do not even get reinstated.

Union registration and recognition takes too long, and is further delayed by employers making judicial review applications and appeals to the courts. This delay, which can last many years, deprives workers of their right to an fully functional TRADE UNION and the benefits of a Collective Agreement.

What is most disturbing is some of these ‘UNION BUSTING’ actions are being committed by Malaysian government owned or linked companies like KTMB, MAS, WESTPORT and DRB-HICOM.

THEREFORE, WE CALL ON SUHAKAM, MALAYSIAN BAR AND ALL HUMAN RIGHTS GROUPS TO JOIN US IN CALLING ON THE GOVERNMENT OF MALAYSIA TO:

1. End of all forms of UNION BUSTING, and for the respect and promotion of all worker rights.

2. More effective legislations that will prevent employers from ‘UNION BUSTING’, termination or taking disciplinary actions against union leaders and union members for union activities. employers must be prevented from using union activities, or legitimate actions of workers promoting worker rights, and struggling against injustice into employment misconducts.

3. Employment misconducts need to be strictly confined to misconducts related to workplace, and not used to prevent union and worker activities, standing up against injustice and worker right violations, or the promotion of rights for workers.

4. Reinstate all union leaders and members who have been terminated, and cease all suspension and disciplinary proceedings against workers by reason of their union activities;

5. Expedite the process of registration and recognition of trade unions;

6. Expedite the process of resolving trade disputes and wrongful dismissal cases;

7. End all forms of UNION BUSTING activities.

MTUC SELANGOR & WILAYAH PERSEKUTUAN DIVISION 

Source: MTUC Website

MEMORANDUM UNTUK MENGHENTIKAN SEGALA BENTUK MEMECAH BELAHKAN KESATUAN ‘UNION BUSTING’ DAN PELANGGARAN HAK ASASI PEKERJA

17 Oktober 2014 

‘Union Busting’ merupakan satu trend yang semakin ketara di mana majikan memberhentikan, menamatkan, memecat,  menggantung dan mengambil tindakan disiplin terhadap pemimpin-pemimpin kesatuan sekerja dan ahli-ahli serta pekerja-pekerja yang terlibat dalam aktiviti kesatuan sekerja yang dianjurkan secara sah. Antaranya:

1. Pekerja-pekerja yang berpiket di hadapan bangunan Keretapi Tanah Melayu Berhad (KTMB) bagi menuntut hak kebajikan dan hak-hak masa dalam satu piket telah dikenakan tindakan disiplin. Presiden KTMB telah memecat Presiden Kesatuan pekerja-pekerjaKeretapi Tanah Melayu (RUM-Abdul Razak Md Hassan), dan Naib Presiden-R. Subramaniam bersamaan dengan 41 pekerja lain dan 27 orang lagi digantung dari kerja kerana mengambil bahagian dalam piket tersebut.

2. Manakala Presiden Kesatuan Kebangsaan Penerbangan Atendan Malaysia (NUFAM) Ismail Nasaruddin telah dipecat oleh Malaysia Airlines System Berhad (MAS) kerana telah mengeluarkan kenyataan media. Beliau telah dihentikan dengan alasan bahawa ia adalah salah laku bagi seseorang pekerja untuk mengeluarkan Pernyataan tersebut. Setiausaha Agungnya-Mohd Akram Osman bersama lima ahli kesatuan lain juga telah ditamatkan perkhidmatan kerana terlibat dalam aktiviti kesatuan.

3. Naib Presiden NUBE-Abdul Jamil Jalaludeen dan bendaharinya-Chen Ka Fatt telah ditamatkan perkhidmatan atas alasan terlibat dalam aktiviti kesatuan oleh pihak pengurusan bank.

4. Seterusnya RENESAS telah memecat Wan Noorulazhar bin Mohd Hanafiah, Presiden Kesatuan Pekerja-pekerja Industri Elektronik Wilayah Barat, Semenanjung Malaysia (EIEUWR), kerana menyuarakan dan membangkitkan hak-hak pekerjaserta ketidakadilan pekerja dalam kumpulan Facebook tertutup kesatuan.

5. Seterusnya penyerahan memorandum Kongres Kesatuan Sekerja Malaysia (MTUC) kepada calon yang akan bertanding dalam Pilihan raya Umum bagi mendapatkan sokongan terhadap hak-hak pekerja, 18 anggota kesatuan dari Kesatuan Kebangsaan Pekerja-Pekerja Perusahaan Alat-alat Pengangkutan dan Sekutu (NUTEAIW) telah dipecat oleh anak syarikat DRB HICOM di Pekan, Pahang termasuk Pengerusi Bahagian MTUC Pahang Sdra. Rusaini Ramli telah dipecat.

6. Presiden Kesatuan Kebangsaan Wartawan (NUJ), Mohamed Hatta Wahari, Timbalan Presiden, Ketua Cawangan Amran Ahmad dan Timbalan Setiausaha Norazri Abdul Rahman telah dipecat oleh Utusan Melayu(M) Bhd bagi mengeluarkan kenyataan media.

7. Presiden kesatuan, 17 pemimpin kesatuan  dan pekerja-pekerja dari Kesatuan Kakitangan Pekerja-Pekerja Pelabuhan Barat telah dipecat oleh majikan kerana melibatkan diri dalam aktiviti kesatuan.

8. Bagi melakukan piket di hadapan Syarikat Ansell NP Melaka, yang menuntut hak kebajikan pekerja, Majikan Syarikat Ansell NP telah memecat Timbalan Pengerusi Cawangan (NUECMRP) dan 9 ahli kesatuan yang mengambil bahagian dalam piket tersebut.

9. Presiden dan Setiausaha Kesatuan Pekerja-pekerja Trinekiens telah dipecat bagi mengeluarkan pekeliling kesatuan untuk boikot Sambutan Hari Keluarga.

Senarai-senarai diatas adalah beberapa kes di mana pekerja telah dipecat dan diambil tindakan disiplin oleh majikan-majikan mereka kerana penglibatan mereka dalam aktiviti-aktiviti kesatuan.

Akta Perhubungan Perusahaan 1967, seksyen 5 memperjelaskan bahawa:

The Industrial Relations Act 1967, section 5 – Prohibition on employers and their trade unions in respect of certain acts’ provides that ‘…(1) No employer or trade union of employers, and no person action on behalf of an employer or such trade union shall-(a) impose any condition in a contract of employment seeking to restrain the right of a person who is a party to the contract to join a trade union, or to continue his membership in a trade union;(b) refuse to employ any person on the ground that he is or is not a member or an officer of a trade union;(c) discriminate against any person in regard to employment, promotion, any condition of employment or working conditions on the ground that he is or is not a member or officer of a trade union;(d) dismiss or threaten to dismiss a workman, injure or threaten to injure him in his employment or alter or threaten to alter his position to his prejudice by reason that the workman- (i) is or proposes to become, or seeks to persuade any other person to become, a member or officer of a trade union; or (ii) participates in the promotion, formation or activities of a trade union; or (e) induce a person to refrain from becoming or to cease to be a member or officer of a trade union by conferring or offering to confer any advantage on or by procuring or offering to procure any advantage for any person….’ Peruntukan ini kini memberi perlindungan terhadap pemecatan, tindakan disiplin dan/atau diskriminasi terhadap ahli kesatuan tetapi didapati masih tidak memadai.

Kerajaan sering melaungkan keharmonian industri, dan mempromosikan penggunaan mekanisme aduan tetapi ketidakadilan sering berlaku kerana peniaga-peniaga dan majikan terus mementingkan keuntungan, manakala pekerja-pekerja diberhentikan dibiarkan merana tanpa pekerjaan dan pendapatan yang menjejaskan kebajikan dan kesejahteraan pekerja dan keluarga mereka. Proses bagi menyelesaikan kes pemberhentian  mengambil waktu bertahun-tahun untuk diselesaikan dan ramai dikalangan mereka tidak dapat kembali ke jawatan mereka pada peringkat akhir penyelesaian.

Pendaftaran kesatuan dan pengiktirafan mengambil masa terlalu lama, apatah lagi majikan  membuat permohonan bagi semakkan kehakiman dan rayuan kepada mahkamah. Kelewatan ini, tertangguh bertahun-tahun dan sekaligus menafikan hak pekerja dari tertakluk kepada fungsi penuh KESATUAN SEKERJA dan memperolehi manfaat dari Perjanjian Bersama.

Apa yang paling membimbangkan ialah beberapa tindakan ‘union busting‘ sedang dilakukan oleh syarikat-syarikat milik kerajaan Malaysia atau syarikat yang ada hubungkait seperti KTMB, MAS, WESTPORT dan DRB-HICOM.

OLEH YANG DEMIKIAN, KAMI MENYERU SUHAKAM, MAJLIS PEGUAM NEGARA DAN SEMUA KUMPULANHAK ASASI MANUSIA BERGABUNG BERSAMA BAGI MENYERU KERAJAAN MALAYSIA UNTUK:

1. Mengakhiri segala bentuk aktiviti union busting, dan menghormati serta promosi hak-hak asasi pekerja;

2. Memperkenalkan lebih undang-undang yang lebih berkesan yang akan menghalang majikan dari melakukan ‘union busting‘, memecat atau mengambil tindakan disiplin terhadap pemimpin-pemimpin kesatuan dan ahli kesatuan yang menyertai kegiatan kesatuan. Majikan harus menghentikan tindakan mengambil tindakan undang-undang dan disiplin terhadap pemimpin dan ahli kesatuan yang melakukan aktiviti-aktiviti kesatuan, mempromosikan hak-hak pekerja, dan berjuang menegakkan ketidakadilan di tempat kerja;

3. Salah laku Pekerjaan perlu secara tegas dihadkan kepada salah laku yang berkaitan dengan tempat kerja, dan bukannya menghalang kegiatan kesatuan dan pekerja yang menuntut hak serta menegakkan keadilan atau mempromosikan hak asasi pekerja;

4. Memulihkan dan mengambil semula kerja semua pemimpin kesatuan dan anggota yang telah dipecat, ditamatkan kerja, dihentikan, digantung kerja dan dikenakan tindakan disiplin kerana terlibat dalam aktiviti kesatuan;

5. Mempercepatkan proses pendaftaran dan pengiktirafan kesatuan sekerja;

6. Mempercepatkan proses menyelesaikan pertikaian perhubungan perusahaan dan kes-kes pemberhentian kerja serta salahlaku;

7. Menamatkan segala bentuk kegiatan UNION BUSTING.

Bagi maklumat lanjut sila hubungi Sdra. N. Gopal Kishnam (Setiausaha Agung MTUC) H/P: 019-3174717.

Source: MTUC Website