Asean rights pact 'ignores migrant workers'

Asean rights pact 'ignores migrant workers'

Nov 22, 07 1:00pm

Migrant rights groups in Southeast Asia have slammed Asean leaders for signing a charter that ignores the issue of migrant workers. The charter establishes the regional bloc as a rules-based legal entity, creates a single market and production base, and allows for the free flow of business persons, professionals, talents and labour. Yet, there is “not one word” that recognises the contributions of migrant workers towards the economic development of member-states, and neither are there provisions for the protection and promotion of their rights and welfare, said the groups in separate statements. “The Asean charter is not an instrument to achieve justice and equality for migrant workers,” said Migrant Care coordinator (Malaysia) Alex Ong in a statement jointly signed by Jakarta-based executive director Anis Hidayah and policy analyst Wahyu Susilo. As such, Asean has failed to deliver its mandate as an organisation that purports to represent the people of Southeast Asia, Ong added. Asean leaders signed the charter and unveiled it earlier this week despite protests by civil society organisations, who decried the lack of transparency and consultation over the document and the ‘toothlessness’ of its human rights provisions. Kuala Lumpur-based Caram Asia noted that Asean is a mix of sending and receiving countries for about 5 million migrant workers - most of whom are from Asean countries - who have contributed to the region’s economic progress and prosperity. These are “the very people who built the foundation of economic development and helped cushion lower production costs for countries to remain economically competitive,” it said in a statement. ‘Secondary citizens’ There are, for instance, about 3 million migrant workers (both documented and undocumented) in Malaysia who constitute over 20 percent of the work force. Filipinos, furthermore, contribute significantly to poverty eradication in the Philippines by remitting 13 percent of the country’s Gross Domestic Product. “Yet, the supposedly ‘people-oriented Asean’ does not make mention of the protection for migrant workers rights,” said Caram Asia. “Despite clear promises toward community-building espoused in the charter, the process has in effect marginalised Asean citizens, more so vulnerable groups such as migrant workers.” While labour is written only in the charter as a condition for Asean’s ‘single market’ and speaks of facilitating the flow of movement, it does not cover mechanisms to manage migration flows and does not address the realities of trans-border migration issues. “Often treated as secondary citizens in foreign countries, migrant workers are most vulnerable to human rights abuses. Major receiving countries like Malaysia, Singapore and Thailand have countless reported cases of abuse of migrant workers,” said Caram Asia. “(We urge) the new rules-based Asean to strengthen its commitment towards upholding social justice for the people of Asean, including migrant communities.”

Expediting remand cases (The Star)

This means that about 13,960 innocent persons are languishing in jail/prison - WHY Innocent - because everyone is presumed innocent until proven guilty. Remand prisoners are those whose trial may not have begun, in the middle of their trial ---- but in all cases these are persons that have not been found guilty by a court of law and sentenced yet. Most of these persons are poor persons - i.e. those who do not have a surety capable of raising the bail sum - and sometimes the bail sum could be only RM1,000 or RM2,000. It is the cases of these persons that must be made PRIORITY - and should be disposed off soonest - definitely before SIX(6) MONTHS. How many have languished months(even years) in remand prison - only be later found to be innocent by a court of law and released. It is a sad state of affairs and the government must do something about this. Expediting remand cases

Thursday, 22 November 2007, 07:24am

• Osama freed ©The Star THE Internal Security Ministry is working closely with the Attorney-General’s Chambers and courts to expedite the 13,880 remand cases or 34.2% of the total number of prisoners in the country. Deputy Minister Datuk Fu Ah Kiow told Datuk Raja Ahmad Zainuddin Raja Omar (BN-Larut) that foreign prisoners could not be jailed in their home countries. “This is because the foreign governments refused to accept them, and we cannot allow these prisoners to think that they can be sent back and be freed without being punished here first,” he added. Fu said the prisons were now holding 40,821 prisoners, or 30% more than the ideal capacity of around 31,200 people. In addition, 5,669 illegal immigrants were being held in 11 detention depots managed by the Prisons Department, he said. Among the steps taken to settle the problem of overcrowding in prisons are increasing the capacity of existing prisons and constructing 16 more under the Ninth Malaysia Plan. “The ministry hopes that the new prisons will be able to house 15,400 more prisoners by 2010. “The Johor government has agreed to the reopening of the Johor Baru prison on Jan 1 next year, which will house about 1,000 remand prisoners,” he told Datuk Seri Mohd Salleh Tun Said (BN-Kota Belud). Fu said the introduction of the parole system, which requires prisoners to do social services activities, would help to reduce overcrowding.

Renouncing citizenship: Chinese top the list (Malaysiakini)

Now the question that we must ask is WHY did they renounce their MALAYSIAN citizenship? The other interesting point is why over 1,000 Malays have also renounced their citizenship? Maybe it was just migrating to "greener pastures" - or maybe it was marriage, etc. I wonder whether the answers given by the government were "guesses" or really the answers given by those who renounced their citizenships.

Renouncing citizenship: Chinese top the list

Yoges Palaniappan Nov 21, 07 2:14pm

Chinese Malaysians record the highest number of those who have renounced their citizenship, followed by the Malays and Indians, the Dewan Rakyat was told today. The Home Ministry's parliamentary secretary, Abdul Rahman Ibrahim, said 14,316 Chinese (87%) have surrendered their citizenship, compared to 1,098 Malays (6.6%), 822 Indians (5%) and 238 (1.4%) others from 2000 to 2006. He also explained that 106,000 people have renounced citizenship since Independence in 1957. Abdul Rahman said these Malaysians had applied for citizenship to India, Sri Lanka, Singapore, Japan, Canada and Indonesia. "(Others) have applied to the UK and US, Taiwan, Thailand, Germany, New Zealand, France, Austria, Ireland, Sweden, Belgium, Brunei, Finland and Jordan," he said. Living condition As to why so many Malaysians have opted to leave for other countries, he replied: "The main reason is the (quality of life) in those countries." "They also consider the working environment, such as better opportunities and better pay. And some consider education for their children as a reason to apply for a citizenship in a particular country," he said. Abdul Rahman was replying Mohamed Aziz (BN-Sri Gading) who asked for a breakdown of the figures according to race and the country of destination. On a related matter, Abdul Rahman said the government takes into consideration three things before stripping a person of citizenship. "Firstly, we see if the person holds citizenship in another country. Secondly, we see if the person has voted in that country's elections. And lastly, we (check) if the person holds a foreign passport," he said. He explained that revoking citizenship can be implemented under Article 24(2) and 3(a) of the Federal Constitution.

Rights lawyer: KL lockdown illegal

Rights lawyer: KL lockdown illegal

Andrew Ong Nov 14, 07 11:47am

Police acted illegally when they locked down Kuala Lumpur ahead of the massive Bersih rally last Saturday, claimed human rights lawyer N Surendren. He cited reports that police had turned away certain vehicles from the city centre prior to the rally, and described this as a violation of the Federal Constitution which guarantees freedom of movement. “The police can only restrict the movement of citizens if we are under Emergency rule. The question I would like to pose to the police is: Are we under martial law?” he said. Surendren said the police must invoke specific laws in order to claim specific powers to curb the movement of people. “Those motorists had yet to commit any offence. So what business did the police have in turning them away from the city?” he asked. On media reports that the police had also seized rally-related paraphernalia such as yellow T-shirts, bandanas and posters from those screened at road-blocks, he said the police were not allowed to do so because these were not hazardous items like weapons or drugs. Surendren said the police have yet to show reasonable cause in erecting so many check-points around the city, which created traffic snarls. “Not a single weapon was found during the road blocks. There was no reasonable cause,” he added. Preventive detention According to a New Straits Times report on Monday, Kuala Lumpur CID chief Ku Chin Wah said 192 individuals had been detained while trying to enter the city on Friday. The report adds that seven buses from the East Coast were stopped after the police found yellow T-shirts and bandanas in the vehicles. Contacted for clarification yesterday, Ku said the police took action against the 192 under Section 105 of the Criminal Procedure Code which allows arrests to prevent ‘seizable offences’. The law states that a police officer may arrest, without a warrant, any individual who the officer thinks could commit a crime. The 192 individuals were among the 245 detained before and during the rally. Yesterday, Inspector-General of Police Musa Hassan had defended the police move to screen vehicles entering the city on Saturday. "We needed to filter any undesirable elements and check for weapons and arms... We had no choice as public safety was paramount,” he was quoted as saying by the New Straits Times. He also said all those detained had been released but may be charged for participating in an illegal assembly.

BERSIH Gathering: Police blockades and use of force unnecessary

Malaysian Bar Council
____________________________________

No. 13, 15 & 17, Leboh Pasar Besar, 50050 Kuala Lumpur, Malaysia
Tel: 03-2031 3003 (Hunting Line) Fax: 03-2034 2825, 2026 1313, 2072 5818
E-mail: council@malaysianbar.org.my
Website: http://www.malaysianbar.org.my

---

PRESS STATEMENT

BERSIH Gathering: Police blockades and use of force unnecessary

The Bar Council sent a team of 40 lawyers to monitor the BERSIH gathering on 10 November 2007.

The gathering despite being attended by tens of thousands, was disciplined and peaceful contrary to recent statements by Ministers and the Inspector-General of Police. It proves once again that Malaysian citizens are rational and responsible people capable of exercising their rights of expression and assembly with mature restraint.

There were nevertheless several worrying features in the conduct of the police:

1. The large number of police personnel deployed to man blockades, to inspect and detain vehicles and persons, and further to prevent persons from entering the city to join the gathering was unreasonable. It was also a disproportionate use of resources which could have been channeled to other initiatives of crime-fighting.

2. The barricades around Dataran Merdeka with heavy police and FRU personnel aimed at prohibiting persons from entering the square forced large groups of people to be concentrated in the immediate vicinity of the square such as Central Market and Masjid Jamek. This caused more inconvenience to those who did not wish to be at the gathering, and strengthened the spirit of those who did.

3. The use of force around the areas of Masjid Jamek, Jalan Tuanku Abdul Rahman and Jalan Raja Laut to disperse unarmed and non-provocative crowds without prior warning was unnecessary. Deploying physical aggression and violence, and spraying chemically-laced water and tear gas are measures of last resort, not of first instance. As a result, it was unfortunate that several people were injured and many others including bystanders hurt by the chemicals in the water and gas. It is noteworthy that the authorities initiated physical force on the crowds, and caused blockades and 'stand-offs' on the roads to prevent anyone from walking to Dataran Merdeka on to Istana Negara. Unsurprisingly however, and due to the sheer numbers of participants, the majority if not all of them found their way by different routes to the Istana Negara road.

4. The deployment of several police helicopters flying very low to the ground was extremely dangerous in addition to being provocative and a form of intimidation. Further, the noise the helicopters created interrupted essential communications for those who were at the gathering and the authorities on the ground.

5. Despite the recent introduction of section 28A of the Criminal Procedure Code, the police refused to give the Bar's Urgent Arrest Lawyers Team access to those who were arrested and detained. No accurate and adequate information on the detainees and their grounds of arrest was forthcoming. Our lawyers had to force their way into the police station to seek further information. A police report has been lodged, and the Bar Council trusts the police will investigate the complaint immediately.
   
   At about 11.00pm on 10 November 2007, 34 persons were arrested and released in separate batches. There were several who needed medical treatment and were sent to the hospital by our lawyers.

The Bar Council reiterates its position that citizens must be allowed the right to peacefully assemble in exercising their democratic and fundamental human right. We urge the authorities to facilitate this fundamental right of freedom of expression and assembly.

The BERSIH gathering is clear evidence (a) that attempts to block assemblies would create greater unintended chaos than had the same be facilitated to proceed expeditiously and (b) that large yet peaceful gatherings may be organised in our country without the necessity of obtaining permits from the police. This requirement in section 27 of the Police Act 1967 that permits must be given before an assembly may be held must be repealed immediately.

Ambiga Sreenevasan
President
Malaysian Bar

12 November 2007

Migrant workers contributed RM1.9 bil

Migrant workers contributed RM1.9 bil

Yoges Palaniappan Nov 1, 07 6:13pm

The government has collected RM1.9 billion in levy and other fees from immigrant workers last year, Parliament was told today. Home Ministry parliamentary secretary Abdul Rahman Ibrahim said that the amount was collected in forms of levy, temporary working pass, and visa. Abdul Rahman (BN-Pokok Sena) was replying a query from Mohd Zaid Ibrahim (BN-Kota Baru) who asked the Home Ministry to state the amount of levy and other fees collected from immigrant workers yearly. Abdul Rahman said that in 2005, the government collected RM1.7 billion, whereas, as of August this year, the amount collected is RM1.5 billion. Menial jobs He explained that it does not come as a surprise that Malaysia, as a more developed nation among the poor and underdeveloped neighbouring countries, attracts foreign workers. "Malaysians are not interested to do dirty, dangerous and difficult jobs. Also, they have many choices of the jobs they want to do. So we need foreign workers to work in our farms and plantations," Abdul Rahman explained. However, he denied that the government has allowed many foreign workers in the country to collect more money from levy and other fees. He said that the government's initiatives to promote Malaysia as an education and tourism hub was also a reason for the influx of foreigners into the country. "We only have two million registered foreign workers. Many more are interested to work here but they are not allowed entry to this country," he said. On the other hand, he added, students who come into the country with student visas and tourists who are granted visa on arrival are working here. Regular inspections In a separate development, the domestic trade and consumer affairs minister said it has taken several steps to control the price increase of essential food products. In a written reply, Shafie Apdal said that his ministry has increased inspections on wholesalers, distributors and grocerers in the country. "The inspections are done regularly so that businessmen would not increase the price of essential products," he said. Shafie added that his ministry has also controlled the price of several essential items during the festive seasons. Shafie was responding to Karpal Singh (DAP-Bukit Gelugor) who asked the minister to state the steps taken to halt the increase in prices of essential food commodities.

Bersih slams gov't over rally crackdown

Bersih slams gov't over rally crackdown

Nov 12, 07 9:22am

Opposition and human rights groups condemned authorities for attempting to suppress the biggest political rally in a decade with tear gas, water cannons and arrests. The Bersih organisers also said that at least seven people were beaten and kicked by police and that some needed hospital treatment including one man whose leg was broken. Prime Minister Abdullah Ahmad Badawi had vowed to shut down Saturday's rally, held to campaign for electoral reforms as the nation heads for polls expected to be held early next year. Police locked down the centre of Kuala Lumpur, throwing up roadblocks, searching vehicles and shutting demonstrators out of Dataran Merdeka where they had planned to gather. Despite the tactics and the use of tear gas and water cannons at one of the rallying points, 40,000 protesters marched to the royal palace where they were briefly addressed by dissident former deputy premier Anwar Ibrahim. "Malaysians have spoken loud and clear," said parliamentary opposition leader Lim Kit Siang (right), part of an alliance of political parties and civil society groups which mounted the rally. Lim ridiculed the police chief for claiming that only 4,000 people attended the rally and criticised the government for what he said was an order to the media not to cover the event. "No newspaper dared to publish photographs of the mammoth peaceful gathering, which was a tribute to Malaysians for their love of peace and commitment to democracy," he said. Sunday's newspapers instead ran photos of the traffic jams that the roadblocks generated. "Abdullah should honour his pledge when he became prime minister four years ago to listen to the truth from the people, however unpleasant, and to introduce institutional reforms for justice and democracy," Lim said. Police bloated number of arrests Leading human rights group Suaram said that up to 40 people were arrested, far from the figure of 245 given by police. "They are trying to portray an image of the gathering being unruly and chaotic and that's why they had to arrest 245 people, which is not true at all," said Suaram executive director Yap Swee Seng (right). "Seven people were injured by the police and one suffered a severe injury," he added. "One person said he was handcuffed and had already fallen to the ground when he was kicked in the head." Protests are rare in Malaysia, and the last major rallies were seen in 1998 during the "Reformasi" or "Reform" movement that erupted when Anwar was sacked and thrown in jail on sodomy and corruption charges. The sodomy conviction has been overturned but the corruption verdict stands, barring him from standing for public office until April 2008. Bersih, a coalition of 70 political parties and NGOs, is calling for a reform of the electoral process including a review of the electoral roll, curbs on postal voting, which they say is being abused, and equal access to state media for all competing parties.

Journalists attacked by riot police (Malaysiakini)

Journalists attacked by riot police

Chua Sue-Ann Nov 10, 07 8:21pm

A number of journalists covering poll reform group Bersih rally today were kicked and beaten by riot police as they sought to disperse protesters at the Masjid Jamek area. Chaos erupted at around 2.30pm as riot police fired a torrent of chemical-laced water and discharged a volley of tear gas canisters at more than 2,000 people. In the melee, members of the press, both local and foreign, were not spared. A female journalist, who declined to be named, said she was hit with a baton by a police officer who was trying to drive away the crowd. “He hit... my buttocks and he was telling me ‘Go, go, go, like I’m some donkey’,” she decried. Another journalist, who also requested anonymity, reported being kicked twice by the police - on his back and his thigh. He ticked off the authorities for using “unnecessary force” against the journalists. “I’m surprised at the brutality of the police.” The duo were among five journalists who were standing behind police lines before they were suddenly assaulted by about 10 police officers. One of them, a female journalist from a local newspaper, was injured by the beatings. A policeman kicked her neck as she lay on the ground, refusing to stop despite pleas from the other press members. CPO not aware of violence It is also claimed that Federal Reserve Unit officers attacked a Swedish journalist with their shields, while two others are said to have received injuries as a result of being targets of a tear gas canister and the water cannon. Kuala Lumpur chief police officer Zulhasnan Najib Baharuddin, when contacted by Malaysiakini, denied knowledge of police violence against journalists. “Are there reports? It has not been brought to my attention,” he said. The Bersih rally calling for clean and fair elections has attracted an estimated 40,000 people despite heavy rain, government threats and police roadblocks. Protesters were unable to congregate at Dataran Merdeka after the venue was sealed off by the police, and were forced to gather at four alternative meeting points at Masjid Jamek, Pasar Seni, Sogo department store and Masjid Negara. PHOTO GALLERY

Malaysia police fire tear gas at protest

By JULIA ZAPPEI and EILEEN NG, Associated Press Writers 1 hour, 46 minutes ago

KUALA LUMPUR, Malaysia - Police fired tear gas Saturday to disperse hundreds of activists demanding electoral reforms in Malaysia's biggest anti-government street protests in nearly a decade.

The demonstrators were stopped by a police cordon near a mosque in central Kuala Lumpur as they tried to march to a square. Police estimated the crowds at between 10,000 and 30,000.

Shouting "God is great," protests fled when police fired tear gas and a water canon, many of them running into the mosque. When they re-emerged, police fired the water cannon again.

Protest organizers said 10 people were arrested, though there was no immediate confirmation from police. There were no immediate reports of injuries.

The protest was organized by some 70 non-governmental organizations and opposition political parties demanding reforms ahead of general elections widely expected for early next year.

They demanded the removal of phantom voters from electoral rolls, a crackdown on government workers using absentee ballots, access to state-controlled media by all political parties, and an end to vote-buying and other irregularities.

"This is our right," said Rosli, a 40-year-old government worker who refused to give his full name, fearing retribution. "We just want to correct what is wrong. We just ask for fair elections."

The government had declared the demonstration illegal and blocked all roads leading to Merdeka Square.

The protest was the biggest since supporters of former deputy Prime Minister Anwar Ibrahim took to the streets for several days in September 1998 to protest his dismissal by then-leader Mahathir Mohamad.

Anwar subsequently formed the People's Justice Party, one of three opposition parties supporting Saturday's demonstration.

"It is a good signal that Malaysians want freedom and democracy, and they want free and fair elections," Anwar told reporters.

Mahathir retired in 2003 after 22 years in office, handing over the reins to Prime Minister Abdullah Ahmad Badawi.

Who’s to blame for Asia’s highest income disparity? (malaysiakini)

Who’s to blame for Asia’s highest income disparity?

Charles Hector Aug 27, 07 4:15pm

Since Malaya’s ‘independence’ from British rule on Aug 31, 1957, the control of the government has been in the hands of the Barisan Nasional. All prime ministers of Malaysia have been from Umno. Hence Umno, MCA, MIC, in short the BN government, is responsible for the manner in which our nation has developed economically, socially and politically. The BN government has failed the Malaysian people when it was disclosed in the United Nations Human Development Report for 2004 that Malaysia is now embarrassingly one of the countries with the highest income disparity between the rich and the poor in Asia. Malaysia has the largest gap where the top 10 percent is 22.1 times richer than the poorest 10 percent. Malaysia’s income gap is higher than Philippines (16.5), Thailand (13.4), Indonesia (7.8) and Vietnam (8.4). The richest 10 percent in Malaysia control 38.4 percent of the country’s economic income as compared to the poorest 10 percent controlling 1.7 percent. Who is to be blamed for this state of affairs? It has to be the BN government and nobody else. Over the years, BN has embarked on an odd development strategy that has resulted in the rich becoming richer and the poor getting poorer. Interestingly, we have today a prime minister with a son and a son-in-law who definitely cannot be said to be poor and with the capacity of possibly plucking millions of ringgit when needed. Taking a look at the political leaders in the BN, we cannot but wonder whether all of them are in that elite group of the 10% of Malaysians that control about 38% of the country’s wealth. The New Economic Policy’s (NEP) primary objective for the eradication of poverty surely would not have been achieved. We really have to wonder as to the actual number of persons and families that are really poor even though the government says that poverty is being eradicated in Malaysia . The Malaysian government has been playing smart by always talking about the big picture – the nation’s economy and not the individual or the individual’s family economy. The government’s resistance to the call for a minimum wage is just another indicator of a government not so bothered with the welfare of individual Malaysians. Traveling along the many non-privatised highways, we see that the Malaysian roads have not been upgraded and look like they were 20 to 30 years ago. We also recall that in late 2005, the Education Minister had revealed that out of the 4,036 national schools, 794 were without electricity, and another 1,555 without toilet facilities. For this, there can be no other government to blame other than the BN government. What about police stations and fire stations? Have there really been an increase in numbers over the years? But oh yes, this would not be a priority with a government preoccupied with the economy. Then, we must note that the number of judges in the country is still too low compared with other Commonwealth nations. The Malaysian ratio is 2.4 judges to a million people - a far cry from the ratio in India (10.5), Australia (57.1), Britain (50.1) and Canada (75). Of course, courts, judges and justice are not a priority for a government bent on making some individuals richer. Most likely nothing much will change. In fact, many would just go the ballot box and vote for BN again. In the last general elections, it was ‘give the new prime minister a chance’. What will it be now? Give him another chance? The biggest problem with Malaysians has been self-centeredness and fear. Fear of being persecuted if it is known that they voted for the opposition. To this, I would say think about the future of your children and their children (or just other Malaysians) and bravely express your dissatisfaction with the BN government with your vote in the coming election.