ON HUMAN RIGHTS, JUSTICE AND PEACE ISSUES, LABOUR RIGHTS, MIGRANT RIGHTS, FOR THE ABOLITION OF THE DEATH PENALTY, TOWARDS AN END OF TORTURE, POLICE ABUSES, DISCRIMINATION...
Did our Prime Minister just say that Malaysia will be sending back refugees to the country that they fled from?
'...Prime Minister Muhyiddin Yassin told Asean leaders today that Malaysia
wants Myanmar asylum seekers, including Rohingya refugees, to be granted
"safe return" due to “anti-refugee sentiments” in the country....'
Even, if Malaysia can no longer house these asylum seekers/refugees, the Malaysia should maybe ask the UN or the UNHCR to immediately move them to some 3rd country ...OR Malaysia could make arrangements to send them to some third country - BUT NEVER MUST MALAYSIA send asylum seekers/refugees back to the countries they have fled from..
Refugees are people who have fled war, violence, conflict or
persecution and have crossed an international border to find safety in
another country.
Refugees are defined and protected in international law. The 1951 Refugee Convention is a key legal document and defines a refugee as: “someone who is unable or unwilling to return to their country of
origin owing to a well-founded fear of being persecuted for reasons of
race, religion, nationality, membership of a particular social group, or
political opinion.”
Let's also not forget about the principle of non-refoulement?
What is the principle of non-refoulement? The principle of non-refoulementforms an essential protection under international human rights, refugee, humanitarianand customary law. It prohibitsStates from transfer-ring or removing individuals from their jurisdiction or effective control when there are substantial grounds for believing that the person would be at risk of irreparableharm upon return, including persecution, torture, ill-treatmentor other serious human rights violations.
If our Prime Minister said this about Malaysia sending back refugees/asylum seekers back to the country they fled from, then he has just embarrassed Malaysia and all Malaysians, and it is time we have a new Prime Minister who will uphold justice and human rights.
It is interesting that PAS and BN did not come out with an alternative position - are they with Muhyiddin on this?
What about Pakatan Harapan and other Opposition parties - did they speak up...or did they think it was 'politically wise' not to speak up for asylum seekers and refugees in Malaysia?
Historically, Malaysia is seen as a just and caring nation - and we opened our doors to many asylum seekers and refugees - and, now, that image is 'shattered' if our current PM said that Malaysia will send back this 'asylum seekers/refugees' back safely to the very country they fled from....mmmm. Hopefully, the PM will clarify this.
LATELY,
MALAYSIA just recently embarassed itself, when they proceeded to send back some 1,086 back to Myanmar despite there being a court order not to do so.
Then, of course, there is this still that 'SECRET' Royal Commission Inquiry report concerning Wang Kelian - where most probably the victims killed and/or detained(possibly tortured) were most likely victims of human trafficking. WHY we all must wonder?
Malaysia is and was a caring nation State - but now, under the PN-BN Plus government, is our government doing things that will affect our image?
Many may be busy combating Covid, but then such fundamental change in our countries values and principles cannot be ignored.
We know many Malaysians have lost employment and/or income - and it is the government's duty to help us out - have they done enough? The government is in control of the peoples' money - so, what is happening - are we still continuing to lose money due to kleptocracy, corruption, abuse of powers, etc?
Past/current government failures gets 'highlighted' during this Covid pandemic - schools closed and online classes > but did you know that so many Malaysian kids have NO computers, and some even have no internet access? How then do we effectively have online classes...Do you know that many parts in Malaysia still do not have fibre optic cables and are still using the old copper cables - where maximum internet you can get is 1 Gig...and Pahang has always been a BN state?
Citing rising xenophobia, PM wants 'safe return' for Myanmar refugees
24 Apr 2021, 8:02 pm
Prime
Minister Muhyiddin Yassin told Asean leaders today that Malaysia wants
Myanmar asylum seekers, including Rohingya refugees, to be granted "safe
return" due to “anti-refugee sentiments” in the country.
This is
despite the currently violent political instability in Myanmar where the
military is accused of opening fire at protestors.
Speaking at
the Asean Leaders’ Meeting in the Indonesian capital of Jakarta, he
called for an end to the violence but also pointed out how regional
nations like Malaysia were affected by it.
Muhyiddin said detention centres in Malaysia were more than full while xenophobia was high.
“Our
resources and capacity are stretched in the management of refugees and
asylum seekers, further compounded by the Covid-19 pandemic.
“Our
detention centres are now already overcrowded and the promise from
third countries to resettle these displaced persons (has) not been
forthcoming.
“Within Malaysia, they were once accorded sympathy,
but the mood on the ground has turned from affinity to anger, with
anti-refugee sentiment rapidly building up,” he said.
Expressing
concern that the 200,000 Myanmar refugees in Malaysia were vulnerable to
human traffickers and terrorist recruiters, Muhyiddin called for them
to be returned to their country of origin.
“It is on that note
that we strongly call for a voluntary, safe and dignified return of
displaced persons to Myanmar and for all Asean member states to have a
collective responsibility in handling displaced persons in this region.
“With
the return to normalcy, we wish to see the continuation of the agreed
repatriation mechanism reached between Bangladesh and Myanmar,” he said.
Min Aung Hlaing (left) arrives for the Asean Leaders Meeting in Jakarta
Malaysian
law does not recognise refugees and often classifies them as
undocumented migrants. They are not legally allowed to work or attend
public schools.
Let Asean in
The Asean Leaders
Meeting is controversial for according recognition to Myanmar’s junta
leader Senior General Min Aung Hlaing who led a coup on Feb 1 to topple
the country’s elected civilian government.
Chaired by Brunei
ruler Sultan Hassanal Bolkiah, the meeting’s aim is to seek a solution
to the Myanmar crisis which has seen more than 700 people killed.
In his speech, Muhyiddin wanted an “immediate” stop to the violence and political dialogue between Myanmar and Asean.
He also reiterated Malaysia's call for all political detainees to be freed.
The
Myanmar junta has continued to detain Myanmar State Counsellor Aung
San Suu Kyi, President U Win Myint and several cabinet members.
“This would be a good starting point and ease international pressure on Myanmar and Asean,” he said.
He stressed that Asean must intervene and urged Myanmar to grant the bloc access to the country.
“This is much needed for Asean to provide an honest and unbiased observation.
“If
Asean is allowed access, this can demonstrate to the world that it is
on track in helping Myanmar restore normalcy in the country,” he said.
Muhyiddin
also proposed Asean collaborate with Myanmar to provide “regular
updates” and said the bloc would extend humanitarian help to those
affected by the crisis. - Malaysiakini, 24/4/2021
Muhyiddin: Asean principle of non-interference cannot be reason for inaction
Prime
Minister Tan Sri Muhyiddin Yassin says although the principle of
non-interference was embedded in the Asean charter, it should not be
treated as justification for the inaction among the 10-member countries
of the crisis that is taking place in Myanmar. - Bernama pic
KUALA
LUMPUR: The principle of non-interference in the internal affairs of
other members that is being upheld by the Association of Southeast Asian
Nations (Asean) should not be at the expense of ignoring a serious
situation compromising peace, security, and stability of the bloc and
its wider region.
Prime Minister Tan Sri Muhyiddin Yassin said although the principle
of non-interference was embedded in the Asean charter, it should not be
treated as justification for the inaction among the 10-member countries
of the crisis that is taking place in Myanmar.
"This principle of non-interference is not for us to hide
behind, it cannot be a reason for our inaction. The crisis that happens
in one Asean member state is not going to solve itself without affecting
other member states.
"There is a tremendous expectation on the part of the international
community on how Asean is addressing the Myanmar issue. The pressure is
increasing, and there is only so much that Asean can do."
The prime minister said this in his intervention at the in-person Asean leaders' summit in Indonesia today.
Chaired by Sultan of Brunei Sultan Hassanal Bolkiah, the special
meeting, which took place at the bloc's Jakarta headquarters, was held
to discuss and find solution to the crisis that is enveloping in
Myanmar.
Malaysia, said Muhyiddin, was "extremely concerned" about the
situation unfolding in Myanmar in recent months and had wanted the
country to de-escalate the situation on the ground and stop the killing
and violence against civilians immediately.
The second of three proposals put forth by Malaysia during
the summit was for the release political detainees promptly and
unconditionally.
This, said Muhyiddin, would make way for a meaningful and inclusive
political dialogue that would be a good starting point and ease
international pressure on Myanmar and Asean.
Malaysia also proposed for the Asean chair and the bloc
secretary-general to have access into Myanmar including to all the
parties concerned, which the prime minister described as the step
forward to resolve the crisis following the on-going protest against the
February's military coup.
"This is much needed for Asean to provide an honest and unbiased observation.
"If Asean is allowed access, this can demonstrate to the world that
it is on track in helping Myanmar restore normalcy in the country.
"And if Asean can provide regular updates with the full participation
of Myanmar, this will demonstrate the willingness of the country to
engage constructively and move forward," said Muhyiddin.
If the situation in Myanmar improves, he said, it would open the door
for Asean to extend humanitarian assistance to those badly affected by
the current situation.
"We fear a worsening situation in Myanmar will exacerbate spillover effects to the region including Malaysia," he said.
Malaysia, he said, had been greatly affected by the instability in Myanmar, not only recently, but for the past few decades.
He said Malaysia currently hosts around 200,000 displaced persons from Myanmar, particularly from the Rakhine State.
"Our resources and capacity are stretched in the management of
refugees and asylum seekers, further compounded by the Covid-19
pandemic.
"Our detention centres are now already overcrowded, and the promise
from third countries to resettle these displaced persons have not been
forthcoming.
"Within Malaysia, they were once accorded sympathy, but the mood on
the ground has turned from affinity to anger, with anti-refugee
sentiment rapidly building up," he said, adding a prolonged displacement
would make them vulnerable to be victims to human traffickers and
terrorist recruiters.
Hence, Malaysia, said the prime minister, called for a voluntary,
safe, and dignified return of displaced persons to Myanmar and for all
Asean member states to have a collective responsibility in handling
displaced persons in this region.
"With the return to normalcy, we wish to see the continuation of the
agreed repatriation mechanism reached between Bangladesh and Myanmar." - NST, 24/4/2021
Right to refuse offer to Compound - Compound is not a FINE. It is simply an offer made by authorities, which can refuse. Where is the LIST of those who accepted compound offers - this needs to be disclosed.
How much money has the government made through compounds - and how has these monies been spent in combating Covid-19? Are some being arrested and others not? Questions...questions that government must disclose.
The law provides the OFFENCE and the punishment if Convicted - Only the courts after a FAIR TRIAL will determine whether one is GUILTY or not - then comes the sentencing, where the courts will consider the Aggravating Factors and the Mitigating Factors before one is given a JUST sentence.
For certain crimes, the relevant law enforcement bodies can OFFER the suspect a COMPOUND - where the suspect can CHOOSE to accept or not. If the suspect accept the offer and pay the compound sum, then this will be the end of it - the suspect will not be charged and/or tried in court. Compounds are usually offered to minor offences ...and now it is being offered for breaches of 'SOPs' during this Covid-19 pandemic. In Malaysia, it is also offered for some traffic offences..
WHEN the suspect accepts the Compound OFFER - then the law enforcement bodies/Prosecutor do not have to work on proving the guilt BEYOND REASONABLE doubt in court anymore...
WHY do people accept the Compound Offer? Well many(innocent and/or guilty) accept offers of compound simply because they want to avoid court cases or simply the other hassles of ongoing investigations. So, many innocent persons simply elect to accept compound offer ... Remember, in accepting compound offers, one is inadvertently admitting guilt ...
Rejecting Compound Offer for breach of SOP offences is a RIGHT - if you reject the compound offer, then the Prosecution will have to charge you in court, and before doing that they will consider whether they do really have sufficient evidence...
And even if charged in court, there is the option to plead guilty before trial starts, and if you do so, the courts generally cut a third of the sentence to the said offence. Then, when it comes to sentencing, the courts will consider all relevant factors - including how poor you are, etc - the court will be more fair and just than the relevant authorities when they make an offer to compound.
Even if one does not plead guilty, then in trial, the prosecution must proof beyond reasonable doubt whether you are guilty or not - and this is not an easy task. Do not worry if you are poor, because legal aid provides lawyers for the deserving in such criminal trials.
When one rejects a COMPOUND offer, the authorities may come back with a new lower offer...
REMEMBER if you are going to fight it - refuse compound offer - exercise your right of 'SILENCE' - do not assist the authorities get the evidence that they can use against you. In Malaysia, the enforcement authorities is not allowed to use violence, threats, etc ...to get anyone to answer questions or confess.
COMPOUNDS - well, the law may provide the maximum sum, and it still is based on the relevant enforcement officers (and now the prosecution) to fix the compound sum - the choice is yours at the end of the day. But when compound offered is just TOO HIGH ...it is a problem for the low income earners or those who have lost jobs/income...
Whether an offence can be compounded or not depends on the existing law - the law must specifically provide for offers of compound, and sometimes the law also provide for maximum(or minimum) compounds that will be offered - if there is NO such provision of COMPOUND in the said law - then compound cannot be offered, accepted and paid.
25 Compounding of offences
The
Director General or any public officer authorized for this purpose by
him in writing may compound any offence under this Act or any
regulations made under this Act which has been prescribed by regulations
as compoundable by collecting from the offender a sum of money not
exceeding one thousand ringgit.
As of 11/3/2021, by virtue of an Emergency Ordinance, this section was amended and came into force, to now read:-
25. Compounding of offences
The
Director General or any authorized officer authorized for this purpose
by the Director General in writing may, with the consent in writing of
the Public Prosecutor, at any time before a charge is being instituted,
compound any offence under this Act or any regulations made under this
Act which has been prescribed by regulations as a compoundable offence
by making a written offer to the person reasonably suspected of having
committed the offence to compound the offence upon payment to the
Director General—
(a) in the case of a person who is an individual, a sum of money not exceeding ten thousand ringgit; or
(b) in the case of a body corporate, a sum of money not exceeding fifty thousand ringgit.”.
Before this, the power to compound offences existed in PREVENTION AND CONTROL OF INFECTIOUS DISEASES (COMPOUNDING OF OFFENCES) REGULATIONS 1993, but that did not include new offences that came into being by virtue of new regulations.
Vide the PREVENTION AND CONTROL OF INFECTIOUS DISEASES (COMPOUNDING OF OFFENCES) (AMENDMENT) REGULATIONS 2020, which came into force in on 30/3/2020 - the schedule of compoundable offences was added to include 'All offences
under the Prevention and Control of Infectious Diseases (Measures within
the Infected Local Areas) Regulations 2020 [P.U. (A) 91/2020].
BUT then, this Prevention and Control of Infectious Diseases (Measures within
the Infected Local Areas) Regulations 2020, this regulation itself did not specifically state the new specific offences created were compoundable - hence, the legal question arises whether a simple new listing of the 2020 Regulations in another Regulations dealing with compounding was sufficient - should not the said Regulations that created 'new offences' also specifically state whether any(or all) of these 'new offences' created by the any new Regulations are compoundable.
NOW, if before 11/3/2021, you paid COMPOUND - it may be 'ILLEGAL' - because then the law that applied required the REGULATIONS itself to say - '...which has been prescribed by regulations
as compoundable...'
After 11/3/2021, things may have changed but has it now?
Zahid Hamidi seems confused - he seems to forget that he(and UMNO) is part of coalition government - and it is NOT A PN GOVERNMENT - but a coalition government - and UMNO has the 2nd most number of seats.
If UMNO says convene Parliament - Muhyiddin Yasin has really no choice ...so, what is Zahid and UMNO doing ...just 'pretending' to be an Opposition alternative to PN. [Pemember in PN Bersatu has 31 seats and PAS has 18 seats > that makes the BN with its 42 seats, the strongest in the coalition that rules Malaysia.
ALL MISTAKES AND FAULTS BY THE PRESENT GOVERNMENT - THE BN-PN Plus coalition - who is to be blamed?
PN(Perikatan Nasional) does not govern Malaysia - what we have is a COALITION GOVERNMENT - made up of PN, BN, PAS, GPS, PBS, and STAR.
PN itself, which comprises of mainly Malaysian United Indigenous Party(BERSATU), Malaysian Islamic Party(PAS), Homeland Solidarity Party, Sabah Progressive Party and Parti Gerakan Rakyat Malaysia(GERAKAN).- They have about 50 seats in the Dewan Rakyat. The PN was registered in
Then, there are the 4 Independents.
In the 2018 General Elections, BN won about 79 seats, and then by reason of 'party hopping' and also a mass exodus of BN member parties, sees BN now just having 4 member parties - UMNO, MCA, MIC and Parti Bersatu Rakyat Sabah. There are several allied members too - but not members.
The BN today has only 42 seats in the Dewan Rakyat - all UMNO, save 2 from MCA and 1 from MIC.
BERSATU after the 2018 elections won 13 seats - but today it has 31 seats thanks primarily to 'party hopping'
REMEMBER THE MOMENT MUHYIDDIN YASIN NO LONGER ENJOYS THE MAJORITY SUPPORT FROM THE MPs, HE HAS NO CHOICE BUT TO RESIGN, AND THEN THE KING WILL APPOINT A NEW PRIME MINISTER...OR CALL FOR ELECTIONS. At this time, most likely the King will choose another PM rather than go for General Elections...
BN, with its about 42 seats can play a significant role in who the next PM will be...
Sitting in the current BN-PN Plus Coalition government and lamenting government failures is a JOKE when the BN has the power to do more...
Zahid Hamidi is a government back-bencher, and so he has a duty to be an effective check and balance to Muhyiddin and his Cabinet ...but here, he is talking as President of UMNO.
Will all UMNO MPs pull out of Cabinet to pressure Muhyiddin to advice the King to re-convene Parliament...or lift the Emergency ...
Or is UMNO and Zahid simply trying to 'confuse' the people - in preparation for the next General Elections?
Will the Perikatan Nasional( a political party) survive? Will PAS continue to be a member of PN? Or will it soon crumble...BERSATU maybe the most vulnerable if the PN collapse....after all, many wonders whether BERSATU candidates would have won any seats if not for the fact that it was part of the PH coalition.
Either way, people are getting fed up with all these 'political plays' - when rightfully all these political parties must be focused on better governance and policy in Malaysia during this Covid-19 pandemic, where so many are suffering loss or jobs and income...
Sadly, some media is just giving too much space to all these 'political party' stories - many simply do not care about party in-fighting or comments.
If not happy with the way the present government is doing things - THEN tell the people what different should be done...for the benefit of Malaysia and its people. If you have no better alternatives or suggestions, my proposal is that you simply keep quiet.
PH got the peoples' support because they told us what they would do differently ...and what they would do to correct bad laws and policies > BUT sadly, after they came into power - many of these promises seems to have been forgotten. Some say, that they(the PH) was going to do but suddenly they got ousted too soon - I do not know.
But, was not the PH Plus ouster caused by its own members' party hopping or member parties leaving the PH coalition?
Next General Election will be most confusing...
BN will still be suffering the consequences of exposed and/or charged/convicted kleptocracy, corruption. UMNO may have had a better chance, if it had excluded allegedly tainted leaders and had a new set of leaders - not happening as elections there will be postponed, it seems.
PAS will suffer for 'its new relationship' with UMNO - are they OK with a relationship with a party having already convicted leader, and many others facing trials now - let us not even suggest that all these cases are 'political' - I would like to believe our prosecutors and judges are INDEPENDENT...PAS also will have difficulties justifying to its grass-roots supporters the new 'friendship' with UMNO - its almost 4 decades or more primary political foe...
and there is more to be said of many of the other parties too...(maybe later)
After Zahid's 'mistake', Umno formally calls to reconvene Parliament
Published
Modified 25 Apr 2021, 10:15 pm
Umno today formally called on the Perikatan Nasional government, which it is part of, to lift the suspension on Parliament.
This came more than a month after Umno president Ahmad Zahid Hamidi (above) made the call
in his capacity as BN chairperson, which led to confused reactions as
his statement was highly similar to the statement issued by Pakatan
Harapan on the same topic.
The BN secretariat later withdrew Zahid's statement, claiming that it was a "mistake".
The call by Umno today, however, was endorsed by the party's supreme council.
Umno
secretary-general Ahmad Maslan, in a statement, said the party supreme
council decided to demand the government to allow Parliament and all
state assemblies to reconvene.
He said this was in line with Yang Di-Pertuan Agong's comment that the legislature can still convene even during the emergency, which came into force on Jan 11.
The
Agong had said this was possible if Prime Minister Muhyiddin Yassin
advised him to reconvene Parliament but his government is refusing to do
so.
Umno secretary-general Ahmad Maslan
"The government cannot be seen to be emasculating parliamentary democracy.
"Parliament
and the state assemblies are where elected representatives conduct
checks and balances to ensure the government does not act on a whim at
the expense of the people's welfare," Ahmad said.
More so at a
time when the people are struggling due to economic conditions,
unemployment and the rising price of goods, he added.
Ahmad said there must be accountability in the way the government spends public funds.
He noted that the government had invoked emergency powers to dip into the National Trust Fund to purchase vaccines.
Prior
to that, the government had also invoked emergency powers to spend from
the consolidated fund and come up with supplementary budgets without
Parliament's approval.
"Investor confidence will continue to be
eroded if parliamentary democracy is suspended that there is no longer
good governance and checks and balances on the government," Ahmad said.
He
added that standard operating procedures (SOP) should be set to allow
Parliament to convene like democracies across the world. - Malaysiakini, 25/4/2021
Zahid wants Parliament to reconvene immediately, says can be done through 'science and data'
PETALING JAYA: Umno president Datuk Seri Ahmad Zahid
Hamidi wants the Parliament to reconvene immediately, saying it can do
so using "science and data".
He said it has been 25 days since
the Yang di-Pertuan Agong had given his royal decree, allowing
Parliament to reconvene during the state of emergency.
"However,
until now, no dates have been set by the government to enable
Parliament to reconvene," he said in a Facebook post Sunday (March 21).
The
Cabinet on March 3 had advised the Yang di-Pertuan Agong that the
Parliament sitting will not be convened during the Emergency, says
Minister in the Prime Minister's Department Datuk Seri Takiyuddin
Hassan.
–– ADVERTISEMENT ––
The de facto law minister said the statement made by the
Palace was to explain that there will be no Parliament sitting, and any
decision to convene a sitting must be made by the Cabinet.
Ahmad
Zahid said the function of Parliament was to act as a check and balance
as part of the country's democratic system but was suspended based on
the excuse of "science and data".
"It must be reminded that Parliament is the highest function in the democratic system.
"Parliament
is also a forum for the rakyat to express their grouses via their
representatives that are chosen during the general election.
"It
is also a federal legislative body that checks on all the government's
policies in the interests of the country," said the Bagan Datuk MP.
"Protecting
the separation of powers between the executive, legislative and
judiciary will avoid abuse due to centralisation of power," said the
former deputy prime minister, who is currently facing graft charges.
"So,
I believe that it is time for the democratic practices to be reinstated
based on the evidence of science and data," he added.
He listed
several suggestions on how Parliament can reconvene including through
virtual platforms that are practised in other countries.
"Many lawmakers have already received their Covid-19 vaccine since the roll out of the National Covid-19 vaccination programme.
"Many
social activities including schools have reopened and are operating as
usual, so there is no reason for Parliament to remain closed," he added.
He also said that the Dewan Rakyat Deputy Speaker had posted on Facebook that he had a "run around" the Parliament building.
"This
means Parliament is a safe area and will remain safe when everyone
attends and adheres to the standard operating procedures (SOP), ” he
said.- Star, 21/3/2021
Well, those still charged with 'drug trafficking' are being sentenced to death, despite the amendment to the Dangerous Drugs Act in that allows the court to not sentence a person to death...
Remember that section 37 presumption about 'trafficking' - if you are found with above a certain quantity of drugs like 15 grammes or more in weight of heroin or morphine, you are presumed to be a trafficker. If some 'enemy' places this in your room, car, etc without your knowledge ... and the police catches you with the drugs, you are presumed to be a 'trafficker' - and you have to prove in court that the drugs were not use - an onerous and near impossible task really.... ABOLISH SUCH LEGAL PRESUMPTIONS, AND PROSECUTION SHOULD BEAR THE BURDEN OF PROVING ALL ELEMENTS OF THE CRIME - just like in all other criminal offences.
The new amendment that came into force in March 2018, now allows the court to impose also an alternative sentence other than the death penalty.
(2A) In
exercising the power conferred by subsection (2), the Court in imposing
the sentence of imprisonment for life and whipping of not less than
fifteen strokes, may have regard only to the following circumstances:
(a) there was no evidence of buying and selling of a dangerous drug at the time when the person convicted was arrested;
(b) there was no involvement of agent provocateur; or
(c) the involvement of the person convicted is restricted to transporting, carrying, sending or delivering a dangerous drug; and
(d)
that the person convicted has assisted an enforcement agency in
disrupting drug trafficking activities within or outside Malaysia.
BUT, the problem is that the COURT can only consider a fixed number of circumstances as stated in section 39B(2A) - i.e. (a) OR (b) OR (c) .... this is not too bad, but then comes the AND that mandatory (d)
- that the person convicted has assisted an enforcement agency in
disrupting drug trafficking activities within or outside Malaysia.
Has he assisted? YES - but then maybe no sufficient to lead to the 'disrupting drug trafficking activities within or outside Malaysia'. Who decides on this - the enforcement agency or the judge?
An innocent person naturally will not be able to assist any enforcement agency ...
In a criminal trial, should an innocent person simply PLEAD guilty or simply admit his involvement - just to evade the death penalty?
In any criminal trial, a person found guilty can APPEAL to higher courts - to the Court of Appeal, and thereafter to the Federal Court, if needed. Why should he compromise his appeal rights - just to save his life...
Is the conviction EVIDENCE of guilt in drug trafficking cases - not really, because the very existence of them 'legal presumptions' that shifts the burden of disproving the presumptions itself is UNJUST....and, as such that law results in violation of one's right to a fair trial.
Should anyone be sentenced to DEATH when the crime committed does not directly result in any death or grievous injury? There are too many HUMAN actors in the administration of justice - and humans are not perfect and do make mistakes - hence, the Death Penalty should be abolished..
Maybe, this recent death penalty was imposed for a crime committed before March 2018 - so the new law does not apply yet.....not enough facts known from news report..
But, the question is whether all now in death row - waiting to be hanged should have their sentences commuted to life imprisonment or imprisonment - the fastest way to do is by the enactment of a NEW Act.
After, Malaysia too is moving towards the abolition of the death penalty...we now seem to have a MORATORIUM on executions pending abolition...
Kuala Lumpur High Court sentences widower to death for drug trafficking
Thursday, 22 Apr 2021 04:12 PM MYT
Judicial Commissioner Datuk Azhar
Abdul Hamid handed down the sentence to Shahfary Sabri, 47, after
finding that the defence had failed to raise reasonable doubts against
the prosecution case.— Reuters pic
Subscribe to our Telegram channel for the latest updates on news you need to know.
KUALA LUMPUR, April 22 — A widower was sent to the gallows by the
High Court here today after he was found guilty of trafficking 149.5
grams of methamphetamine three years ago.
Judicial Commissioner Datuk Azhar Abdul Hamid handed down the
sentence to Shahfary Sabri, 47, after finding that the defence had
failed to raise reasonable doubts against the prosecution case.
The father of six was charged with trafficking the drugs in a hotel
room here on October 19, 2018, under Section 38B(1)(a) of the Dangerous
Drugs Act 1952 and punishable under Section 39B(2) of the same law,
which provides the mandatory death sentence upon conviction.
The prosecution called a total of five witnesses while the accused
was the sole defence witness who testified at the trial which began on
September 3, 2020.
Deputy public prosecutor Annur Atiqah Abd Hadi prosecuted, while
Shahfary was represented by lawyer Haris Salleh Hamzah. — Bernama - Malay Mail, 23//4/2021
If never HIGHLIGHTED, many would not be aware of such rights violations, which can amount to 'sexual harassment' too, that is happening in some places in Malaysia. If a girl/women says that she is having her period - then TRUST HER - respect her. The proceeding with physical bodily tests, or the need to show proof, is just not acceptable
'...showing
their blood-soaked sanitary pads, doing swabs of their vagina with
either cotton buds, tissues, or their fingers, or having a teacher,
warden or school prefect pat them down at the groin to feel if they are
wearing a sanitary pad...'
STOP THESE UNJUST PRACTICE IMMEDIATELY
NEXT, we need to consider WORKERS - WOMEN WORKERS.
Women have to go through menstruation every month. We acknowledge for some when their period comes, they suffer more than others - severe menstrual cramps making it most difficult to work. Many may be forced to utilize the paid annual leaves and/or their paid sick leave - but maybe, it is time to introduce as a right - paid menstrual leave.
The Malaysian government/s can start now - and for the rest, there needs a law to make it a Legal Entitlement - annual paid maternity leave for women - they call this 'MENSTRUAL LEAVE' - and it already exists in some countries.
Menstrual leave is a type of leave where a woman may have the option to take paid or unpaid leave from her employment if she is menstruating and is unable to go to work because of this.
'...Japan's period leave entitlement has existed for more than 70 years, and
the country isn't alone in Asia in having such a policy. South Korea
adopted period leave in 1953. And in China and India, provinces and
companies are increasingly adopting menstruation leave policies with a
range of entitlements....' - CNN, 21/11/2020
When '...a short video clip surfaced in November 2005 of a nude woman doing the ketuk ketampi (nude squats) in a police lock-up...' surfaced, this led to public outcry - and now the government has enacted laws that says how any body searches ought to be done.
In 2010,'...in Sivarasa vs Badan Peguam Malaysia & Anor (2010), the
Federal Court stated that the right to personal liberty, as enshrined in
Article 5(1) of the Federal Constitution, includes the right to
privacy. The right of privacy has three dimensions — the right to be
left alone; the right to exercise control over one’s personal
information; and, the right to have a set of conditions necessary to
protect one’s individual dignity and autonomy...To look at the law from a different perspective, there are three
kinds of privacy — physical privacy (freedom from unlawful search, use
of our DNA); information privacy (right to protect personal information
such as our age, address, sexual preference); and, freedom from
excessive surveillance....' - NST, 1/3/2019, Urgent Need For A Privacy Act
As it stands today, Malaysia only have a law that protects personal data, i.e. Personal Data Protection Act 2010 - Not enough, we need a PRIVACY ACT - that will protect even our bodies and dignity being violated.
Gender differences need to be recognized, but we also need to acknowledge the differences amongst women - there are those that really suffer serious cramps(or other effects) on the first(or first few days) of period, and others do not.
Be that as it may, there is a need for Menstrual Leave (paid leave) entitlement.
We now have maternity/paternity leave - but all women have menstrual cycles, and some justly need LEAVE, especially when they are really in a condition where they cannot work or it is just too 'torturous' to work
Would such an entitlement be abused? Well '...A Japanese government survey in 2017 found that only 0.9% of female employees claimed period leave...In South Korea, usage is also dropping. In a 2013 survey, 23.6% of South Korean women used theleave. By 2017, that rate had fallen to 19.7%...' (see below for full report)
There is much that need to be reformed - and when people HIGHLIGHT matters, it comes to our attention, and REFORMS can be fought for and implemented.
NEWS
Schoolgirls 'shamed, groped and violated' in period spot checks
Alyaa Alhadjri
Girls
in multiple schools in Malaysia have to undergo “period spot checks”
where they are told to physically prove they are on their period through
means which violate privacy, according to current students and those
who left school up to 20 years ago.
The measures include showing
their blood-soaked sanitary pads, doing swabs of their vagina with
either cotton buds, tissues, or their fingers, or having a teacher,
warden or school prefect pat them down at the groin to feel if they are
wearing a sanitary pad, they said.
Over a dozen individuals reached out to Malaysiakini in
less than 24 hours after a call for stories was made. They recalled how
the behaviour towards menstruation at boarding schools was “shameful”
but was accepted as “normal practice”.
Many of the girls were
from boarding schools but this was also said to be a practice at day
schools and Islamic private schools, Malaysiakini was told.
They
narrated how their years of growing up from young girls to teenagers,
marked by the start of menstruation, became a source of trauma and shame
that still haunts them to this day.
A key trigger was the
practice of teachers or seniors demanding “proof of menstruation” from
girls who did not join daily congregational prayers which are commonly
held in residential or religious-based schools.
In Islam, women or girls who are menstruating do not perform ritual prayers.
The
ingrained belief that such practices should be accepted often prevented
the girls from telling their mothers or guardians, even when feeling
violated.
The individuals approached Malaysiakini with
their stories, after responding to a question by a Twitter user on
whether such practices still exist in school. The Twitter thread sharing
these stories has been shared more than 6,000 times.
Those who came forward said they wished to see an end to the harassment and normalised acts of “period shaming”.
They
called for more awareness of the rights of students to body autonomy -
for them to decide what happens to their bodies without external
influence or coercion by not only their peers but also by their teachers
and parents.
All names have been changed to protect the identities of those involved.
"We were groped from behind"
Siti N* was a student at a co-ed private Islamic school, an institution comprising both primary and secondary classes.
From
Mondays to Thursdays, she said, students were made to join compulsory
congregational prayers, while girls on their period would stay in one
room where their menstruation cycles were tracked in a record book.
“At
times, they would give us a piece of paper or tissue, asking us to go
to the toilet and provide a glimpse of our period blood,” she said via
WhatsApp.
“I remember at one point, they had asked us to assemble at the football field.
“The
teachers and representatives had to check our panties one by one by
groping our behind. It was rather demeaning and I felt sick to the
stomach,” said Siti who is now in university after completing her
secondary education at a different school.
She said she left the school in Form 2, feeling anxious yet relieved to escape the toxic environment and start afresh.
“At
the time I thought such acts were something normal for the greater
good,” she said, adding that victim-blaming was also a common message
indoctrinated in students.
At
the age of 13, Adriana* said she entered boarding school with little
knowledge of her menstruation cycle and bodily functions, including
differentiating between normal vaginal discharge and period blood.
She
stayed back in the prep room during the compulsory congregational
prayers one night, she said, only to be caught during a “spot check” as
having no sign of bleeding.
“The senior in charge thought I was lying and cursed me out of the room, along with other seniors.
“I was traumatised and since then, I will reuse the same pad throughout the day to make sure there will be blood,” she said.
“Looking
back, it was so disgusting that I have to use the same pad with blood
from the day, just to really prove I am on my period,” said Adriana, now
21.
Vulgar insinuations from teacher
DH* has never
opened up about the disturbing incidents during her primary and
secondary years at two girls' schools in Kelantan.
To this day,
the 35-year-old said her experiences had affected her relationship with
her body, from being put off against using a tampon, to overall
hesitance to start her own family.
She said congregational Zohor
prayers were compulsory for all students in the afternoon session and
they would be subjected to random spot checks.
“If it was an ustazah (female
teacher) on duty, we would run and hide, or else she will drag us to
the toilet and make us ‘swipe our blood’ on tissue.
“If anyone
was found to be wearing a tampon, she will shame them, asking ‘are you
itching to have a penis in you?’ That comment put me off from using
tampons until I was in my 20s,” DH said.
“It wasn’t okay 20 years
ago, and it certainly is not okay today in this day and age,” she said,
in supporting calls for Sex Education to be taught as a separate
subject in Malaysian schools.
Irregular cycles caused suspicion
As
recent as five years ago, Ash* said such incidents were a routine
occurrence at her government boarding school in a southern peninsula
state, with the perpetrators from a “religious squad” targeting groups
of girls sitting outside the school’s surau.
“What they would do
is they would make us stand in line outside the toilet, taking turns to
go in, and one or two squad members would just run their finger through
the vaginal area.
“Oftentimes it would just be through the fabric of our skirt, but even then it felt very weird,” she said.
Like
the others, Ash said their ignorance led to fear and silence, and she
is still seeking mental health treatment for her personal traumas.
“Back then I had very irregular cycles and it caused the squad members to always be suspicious of me.
“Sometimes
they would call me out, four or five of them would confront me and they
even threatened to make me pull down my underwear entirely,” said Ash,
adding that she eventually left the residential school at 16 to enter an
ordinary school.
Faekah*
was in Form 1 at a boarding school when she was exposed to spot checks
and she said that not only was she traumatised but that hygiene was
clearly compromised.
“I didn’t know much about my period at that
time and if there was vaginal discharge, I would also think it was my
period. So one day there was discharge on my panties and because of
that, I had to stay in the prep room. But at night, during the spot
check, I didn’t have any discharge, and my senior thought I was lying.
“Since
that time, if I have the period the whole day, I will still re-use the
same pad to pass the spot check at night. But looking back it was so
disgusting that I have to use the same pad which had blood from the
morning just to please them and to really prove that I was having my
period,” she added.
During a menstrual cycle, it is recommended
that sanitary pads be changed at regular intervals of not more than
three to four hours. Wearing a pad for too long can lead to an
infection, including yeast infections, says Healthline.com.
Practice still ongoing
At least two girls who spoke to Malaysiakini
under conditions of strict anonymity, as they are still students at the
residential schools, confirmed that the “normal practice” is still in
place today.
Bee*, who attends Ash’s former school, said the
“period swab” to prove inability to perform daily prayers is still being
done, and there was an even more disgusting punishment in place
targeting girls on their menstruation.
“Many of us, when we were juniors, were made to squeeze our bloodied pads because supposedly we didn’t dispose of it properly.
“That still haunts my mind until now,” she said, adding that many students still remain fearful of speaking out.
Beyond
physical harassment, Jana* another current student, also responded with
her story of a teacher’s cruel remark, targeting those who avoided the
period swab test.
“Those whose periods often did not come must be pregnant,” said a warden at her residential school, according to Jana.
“We were only in Form 1 at the time and her words hurt a lot.”
She said it should be unacceptable for a teacher to make such remarks against a student, particularly at such a young age.
Experts say such tests are invasive, excessive
Penang mufti Wan Salim Wan Mohd Noor told Malaysiakini that no one should embarrass another
by checking the private parts of the individual for any reason because
everyone has self-dignity that must be respected by others, including
the right to cover the private parts of their body from being seen by
others.
"Islam strictly forbids its followers from looking at other people's aurat,
even on the pretext of performing the required duties such as to
prevent a female student from making excuses to abandon the obligation
of prayer," Wan Salim told Malaysiakini.
The president of
the Association of Islamic Doctors of Malaysia (Perdim), Dr Ahmad Shukri
Ismail, also sees the act of checking private parts to prevent students
from skipping prayers as excessive.
"It is sufficient with a statement from the individuals involved and there is no need to check the sanitary napkins.
“In Islam, there is no element of coercion. Let's not develop a situation where people see Islam as too rigid," Ahmad said.
UKM professor Dr Harlina Halizah Siraj
Dr
Harlina Halizah Siraj, professor of Obstetrics and Gynaecology and
Medical Education (Clinical Teaching) with the Faculty of Medicine,
Universiti Kebangsaan Malaysia (UKM), said that such actions really
encroach on women's privacy and she does not see why it has to be done
this way.
"As an obstetrician and gynaecologist, I believe a young
woman should not have to prove that she is having her (menses). You
should take a woman's word for it," Harlina told Malaysiakini.
Meanwhile, Fadhlina Sidek, head of legal and community development of Wanita PKR, said she objects strongly to period-shaming.
"The
act of groping girls to make sure whether they are menstruating or not
is sexual harassment, while the act of asking them to show their bloody
pads as evidence of menstruation is a crime of bullying, degradation,
and disturbs the emotions of girls," Fadhlina said.
Women's groups react
Reacting
to the issue, the All Women’s Action Society (Awam), Sisters In Islam
(SIS) and Pertubuhan Pembangunan Kendiri Wanita dan Gadis (Women:Girls)
demanded that the Education Ministry addresses issues of sexual
harassment, body shaming as well as violation of personal autonomy.
"This was done via the excuse of disciplinary punishments but borders on harassment and abuse of power.
"Period
spot checks; physically invasive spot checks for ‘forbidden items’;
body, clothing and intimate relationship shaming in public; child
grooming; molestations; and slapping and pinching of nipples as
punishment, are just a few of the violating incidents experienced by
students in Malaysian schools that have been brought to the public’s
attention recently," said the women's groups in a joint statement.
They
said the incidents were reported to have taken place in kindergartens,
primary schools, secondary schools, boarding schools and universities.
"This reflects a systemic toxic culture of patriarchy, sexism,
harassment, abuse, bullying and religious policing, with our nation’s
young people on the receiving end.
"This denotes a chilling
prediction for our future adult citizens. Instead of being safe spaces
of learning where students can fulfil their greatest potential, our
local schools are now sites where:
Young women are learning to fear, be insecure about and shameful of their clothes and their bodies;
Adult
women not only enduring years of severe mental stress and trauma since
their student days but also having this trauma negatively affecting
their current relationships, university, and career performance; and
Young
student leaders learning by example about the acceptability of abuse of
power and privilege, and are at risk themselves of normalising such
behaviour in their own lives."
These are degrading and
abusive treatments that violate the physical body and personal
boundaries without consent, they said, adding that the abuse is made
worse because most survivors are or were underaged when the incidents
took place.
They said under the Sexual Offences Against
Children Act 2017 and outrage of modesty under Section 354 of the Penal
Code, these cases would be considered as criminal offences and are
punishable by law.
"By carrying out such actions or allowing such
actions to be carried out by teachers/wardens/matrons, our Malaysian
school authorities are teaching all students that it is okay to violate
another person’s body without their consent and treat them without
respect or dignity," said the groups.
Meanwhile, former deputy
education minister Teo Nie Ching said it is so far unclear whether there
are ministry guidelines that specifically address the methods used to
determine whether a girl is having her period or otherwise.
“I
cannot recall whether we have anything written to say that a teacher can
do so or cannot do so. But I think this is (an issue of) common
decency.
“I think once the Education Ministry receives a
sufficient number of complaints, of course, it would be better for the
ministry to put it in writing, stating what teachers can or cannot do,”
Teo, the MP for Kulai, said.
Malaysiakini has also reached out to current Education Minister Radzi Md Jidin for a response. - Malaysiakini, 22/4/2021
Should women be entitled to period leave? These countries think so
Hong Kong (CNN Business)Sachimi Mochizuki has worked in Japan for two decades, but she's never taken a day off for her period.
That's mostly because Mochizuki is lucky — her periods aren't a big problem. Butshe's
also been reluctant to use Japan's long-standing leave entitlement as
that would have involved telling her managers, most of whom have been
male, that she was menstruating.
"It's
very private and, especially in Japan, that's still kind of a taboo,"
said Mochizuki, who works in event management. "We don't want to talk
about it with any men."
Japan's
period leave entitlement has existed for more than 70 years, and the
country isn't alone in Asia in having such a policy. South Korea adopted
period leave in 1953. And in China and India, provinces and companies
are increasingly adopting menstruation leave policies with a range of
entitlements.
The
landscape on the other side of the world, however, looks a lot
different. Period leave policy is almost nonexistent in the United
States, the United Kingdom and Europe.And
even in countries that do have period leave, feminists are split on
whether period leave is a step back or a sign of progress when it comes
to women's rights. Some argue that it's as necessary for working women
as maternity leave, while others say that it casts women as less able
than men and could lead to further discrimination.
Widely available, but rarely used
Japan introduced its period leave policy in 1947 to address labor rights concerns.
For
at least a decade, female factory workers had been granted period leave
to give them a reprieve from harsh labor and poor sanitary conditions,
while struggling with menstrual pain. After Japan's defeat in World War
II, the country wrote period leave into its new labor laws as a right
for all female employees whose periods are "especially difficult."
At first, there was a relatively high take-up — around 26% in 1965, according to local media.
Estimates vary on the proportion of women globally who experience
dysmenorrhea, or period pain so bad that it interferes with daily
activities, but all point to it being a common condition.
As
time went on, fewer women took the option. A Japanese government survey
in 2017 found that only 0.9% of female employees claimed period leave.
In South Korea, usage is also dropping. In a 2013 survey, 23.6% of South Korean women used the leave. By 2017, that rate had fallen to 19.7%.
Thereare a few reasons that might explain this.Although
all companies in Japan have to give women period leave when they
request it, they are not required to pay. And some woman may not even
know that it's available to them, as companies don't typically advertise
it, said Yumiko Murakami, the head of the Organisation for Economic
Co-operation and Development's (OECD) Tokyo Center.
Butthe bigger issue in both South Korea and Japan is cultural.
A woman browses products on a shelf in a discount store in the area of Shibuya in Tokyo, Japan, on March 1, 2013.
Women already face an uphill battle in both countries, which have some of the highest gender pay gaps in the OECD and some of the lowest shares of female managers. Although it's illegal to discriminate against female employees in Japan, theyoften face pressure to quit once theybecome
pregnant, Murakami said. And workers of all genders in Japan are
discouraged from taking leave of any kind, Murakami added.
Mochizuki
remembers one colleague taking her period leave once. "I thought,
'Why?' and, 'How can you do that, how can you tell your boss?'" Instead,
she thinks more general sick leave would work better than menstruation
leave for helping women with particularly difficult periods.
On top of that, periods remain a sensitive subject.When women buy tampons from the store,for example, the clerk puts them in brown paper bags, as if they are something that need to be hidden, said Murakami.
"If you tell people you're taking leave because of your period, that will be seen as you're not as good as men," she said.
The case for period leave
In
other parts of Asia, companies aren't just using period leave to
support their workers — they're also making a political statement.
Indian
food delivery company Zomato, for example, said when it rolled out its
policy in August that it wanted to change perceptions in India where
periods are shrouded in shame.
"At Zomato, we want to foster a culture of trust, truth and acceptance," founder and CEO Deepinder Goyal told staff
in an email, which was released publicly. "There shouldn't be any shame
or stigma attached to applying for a period leave. You should feel free
to tell people on internal groups, or emails that you are on your
period leave for the day."
A biker from food delivery company Zomato in Bikaner, India.
The
announcement was notable in a country where women are sometimes not
allowed to cook or touch anyone when they are menstruating. Girls in
India typically miss 20% of the school year because of their period, and
70% of mothers consider menstruation "dirty," according to a 2014 report by philanthropic organization Dasra.
But
Zomato's announcement was still met with backlash on social media,
where critics argued that the policy could make women look weak or
discourage managers from hiring female workers. Some of those opposing
the move were women.
According
to University of Sydney professor Elizabeth Hill, who researches gender
and employment, the reason period leave is so hotly contested even
among feminists is because there is little data on whether period leave
helps or hinders women in the workplace.
Hill says many of the arguments against period leave are similar to thosethat have beenmade
against maternity leave. Opponents argued that making employers pay
maternity leave could discourage them from hiring women.
But
Hill also said there's now evidence to suggest that generous maternity
leave policies encourage women to stay in the workforce rather than push
them out.
That's particularly important in India, which has one of the lowest female participation rates in the workforce, at 35%.
"It's
a wonderful reframing of what the problem is — the problem is work, not
women," said Deepa Narayan, a social scientist and former senior
adviser at the World Bank.
An
Indian man looks on as he walks along a wall painting about female
menstruation at the school for underprivileged children, Parijat
Academy, on the Menstrual Hygiene Day in Guwahati on May 28, 2019.
Guneet Monga, who producedan Academy Award-winning short documentarycalled
"Period. End of Sentence" about menstruation in India, said Zomato's
move seems progressive, but, even if it trickles into other workplaces,
it won't make an impact to the millions of women in India not working in
office jobs.
"I
think that this whole concept of women's rights and equality and
feminism is not a choice at the lower economic level. They just work day
to day to feed. They work on an existential crisis," she said.
"I
encourage the conversation at one level, but I do think it is a long way
before we see a change."
Why period leave hasn't taken off in the West
Every
few years, the topic of period leave hits the headlines in Western
countries. Just as often, it's accompanied by scathing think pieces
about why it's a bad idea.
After
Zomato's announcement, the Washington Post ran an opinion piece titled:
"I'm a feminist. Giving women a day off for their period is a stupid
idea." The article argued that period leave is a "paternalistic and
silly" proposal that "reaffirms that there is a biological determinism
to the lives of women."
And after the Victorian Women's Trust, an Australian advocacy group for women's rights, introduced a menstruation leave policy
for its staff in 2017, Brisbane newspaper The Courier-Mail ran an
opinion piece with the headline: "As a working woman in Australia I'm
insulted by this crazy plan."
Employees
of Myna Mahila Foundation, an Indian charity championing menstrual
hygiene, prepare sanitary pads at their office in Mumbai on April 10,
2018.
Hill,
the Sydney professor, said there was anecdotal evidence that younger
women and men in the West tend to be more receptive to the idea, while
older women are more opposed. Older women often feel that because they
struggled through work while menstruating, younger women should do the
same, Hill said.
She noted that there were different designs for period leave — and not all policies were created equal.
Some
argue that there should be more personal leave entitlements for people
of all genders, Hill said.
Others advocate for increasing sick leave to
include period leave, although critics argue that women aren't sick when
they have their period — they are just experiencing a normal,
biological process.
Evidence suggests there is some desire — and need — for period leave in the West.
A survey of 32,748 Dutch women published
in the British Medical Journal last year found that 14% had taken time
off from work or school during their period. Even when they called in
sick due to their period, only 20% gave the real reason.
Around
68% said they wished they had the option of more flexible work or study
hours during their period. But most — just under 81% — turned up to
work anyway, even though they felt less productive as a result of their
symptoms. Lost productivity amounted to almost nine days a year,
according to the study
At
the Victorian Women's Trust, executive director Mary Crooks said the
benefits of period leave have been "absolutely palpable" for her office
which has 13 female staff members.
"You
shouldn't have to be dishonest about why you can't come to work, and
why you can't perform productively at work," she said, adding that the
reproductive cycle was crucial to women's physical and mental health.
The
trust's policy gives women options: a comfortable spot to work in the
office, permission to work from home or to take up to 12 paid days of
menstrual leave each year.
In the four years since it was introduced, staff have only taken 21 paid period leave days between them, Crooks said.
The
culture has become more supportive and staff feel more comfortable
discussing their menstrual needs and care for themselves better, she
said. Because employees feel respected by their company, they also work
more productively, Crooks added.
"I
think there's nothing but positives that have come about in our
workplace as a result of it," she said.
"To us, the removal of shame and
stigma is one of the great big jigsaw pieces in the gender equality
picture."
That's certainly the case in Japan, where stigma still exists.
Part
of the reason women aren't taking period leave, according to the OECD's
Murakami, is that the culture around leave and menstruation makes women
fear that taking it could lead to discrimination by their employers.
"I do think the law itself is actually meant to help women, but if it's not implemented well it could hurt women," she said.
CNN's
Yoko Wakatsuki contributed to this story from Tokyo, Japan. CNN's Gawon
Bae and Yoonjung Seo contributed from Seoul, South Korea. - CNN, 21/11/2020
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