Thursday, July 23, 2009

They will heed the call and set up a Royal Commission of Inquiry - but to look at investigation procedures...not the death of Teoh

Why did people called for a Royal Commission of Inquiry? To inquire into how Teoh Beng Hock died....

And Najib is setting up a Royal Commission to look into procedures...
The cabinet today agreed to set up a royal commission to look into the Malaysian Anti-Corruption Commission's investigative procedures and to determine if there were any human right violations when Teoh Beng Hock was being interrogated.- Malaysiakini, 22/7/2009, Cabinet approves royal commission

“The Royal Commission will be set up according to specific terms, which is to scrutinise and study the procedures related to interrogations that are used by the MACC. It will also identify if there were any violations of human rights during Teoh’s interrogation.

“The members of the Commission will be announced later ,” he told a press conference here Wednesday.

He said the investigations by the Royal Commission were necessary to ensure there was no repeat of such incidents and the steps being taken mirrored the Government’s commitment to finding out the cause of death so that Teoh’s family and the public can know what really happened.- Star, 22/7/2009,Inquest into Teoh’s death, Royal Commission on MACC's treatment (Updated with Q&A)

What will the Commission investigate?
It will be on the (MACC’s) procedures relating to its investigation, not the investigation on Teoh’s death and the normal investigations conducted by the MACC..- Star, 22/7/2009,Inquest into Teoh’s death, Royal Commission on MACC's treatment (Updated with Q&A)

To find out the cause of death, and whether any person is criminally liable - they are going to have an inquest...
Prime Minister Najib Abul Razak - who chaired the meeting - also revealed that an inquest will be held to determine Teoh's cause of death...."I know the police can wrap up investigations very soon. We are talking about a matter of days but the inquest is up to the magistrate to decide.- Malaysiakini, 22/7/2009, Cabinet approves royal commission

Prime Minister Datuk Seri Najib Tun Razak said the Cabinet during its meeting Wednesday also decided that the inquest into Teoh’s cause of death would be headed by a magistrate as dictated by law.

It will be up to the courts to decide which magistrate would be in charge of the inquest, he added.

Najib said the courts had already been notified of the Cabinet decision and he expected the inquest to begin sometime next week. - Star, 22/7/2009,Inquest into Teoh’s death, Royal Commission on MACC's treatment (Updated with Q&A)

Maybe, we should just have SUHAKAM, Malaysia's Human Rights Commission doing a public Inquiry...for after all, they are already investigating...
The Malaysian Human Rights Commission (Suhakam) will carry out a thorough investigation into the death of political aide Teoh Beng Hock.

Its commissioner Datuk N. Siva Subramaniam said that the investigation would also cover complaints from individuals of being injured during a demonstration in front of Plaza Masalam in Shah Alam where Teoh was found dead on Thursday.

“Suhakam will conduct an independent investigation into the two incidents and whatever decision made, such as on whether there should be a public inquiry, will be known after our meeting next month,” Subramaniam told reporters at the Suhakam office here yesterday after receiving a protest memorandum from several individuals who claimed to have been injured by police during the demonstration.

Subramaniam also urged that the fundamental rights of individuals be respected and protected when any investigation is being carried out by the relevant authorities or agencies.

“According to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, torture involves any act inflicted on a person to obtain from him or a third person information or confession with the consent or acquiescence of a public official or other person acting in an official capacity,” Subramaniam said - Star, 22/7/2009, Suhakam to conduct thorough investigation

Royal Commission - another one, and this time, they may not be so committed to come out with detailed reccomendations and draft Bills... for after all, the UMNO led-BN government does not have a history of following these recomendations, even if it comes from a ROYAL Commission... Where is that Independent Police Complaints and Misconduct Commission (IPCMC), that was reccomended by 2 Royal Commissions of Inquiry?

When I read Malaysiakini, and the words uttered by Najib, I could not help but smile..."We want to establish the truth and nothing but the truth... it is important for us to ensure that public faith and confidence in important institutions," Najib expressed.

I remember Altantuya's case - and I do not believe that them 'important institutions' did even question Najib to 'establish the truth and nothing but the truth...'. Public faith and confidence in the police and other 'important institutions' has been eroded... The head of the Judiciary, who admitted to 'bribing' (later to deny)...and later to have been revealed to have lied when a tape recording surfaced, and the fact that no action was taken, even further erodes 'public faith and confidence' in the judiciary...


Wednesday, July 22, 2009

Catholic Lawyers Statement on the 'Al-Islam' article. Should expression be responded with other expressions...or by the State?

Wrong-doings of a few individuals should not be transformed against the whole community of the same faith or ethnicity of the said wrong-doers.





Freedom of expression is a right...a freedom - but it also has its boundaries. The question should be as to how these 'boundaries' are to be set or defined, and who has the task to ensure that these 'boundaries' are not breached. Or maybe, we should just not have boundaries at all. These may be the questions that we must reflect on and decide.





We have all seen what can happen when it is the government of Malaysia that determines these 'boundaries' - and use laws to prevent people crossing these boundaries.

The words that define these 'boundaries' have been words like...

  • prejudicial to the security of Malaysia
  • prejudicial to the maintenance of essential services therein or to the economic life
  • prejudicial to public order
  • for the suppression of violence or the prevention of crimes involving violence
and at the day, it is the 'Minister' that decides what it means, and detain people using the ISA and other Detention Without Trial Laws..., and, of course, the Minister's reasons or the basis of that reason cannot be questioned by anyone...not even the courts.

Today, the Catholic Lawyers, in their press statement, call on the State to consider charging the alleged perpetrators under the law...and even using that draconian Printing Presses & Publications Act 1984.

See the
words, as found in section 298A of the Penal Code, i.e."...act that is likely to cause disharmony, disunity, or feelings of enmity, hatred or ill-will; or prejudice or attempts to prejudice, or is likely to prejudice, the maintenance of harmony or unity, on grounds of religion, between persons or groups of persons professing the same or different religions...'. The breadth is unacceptable...and it can even be used against legitimate discourse about religion, even amongst adherents of the same religion. Who decides the meaning? The Judge?

I wonder whether the course that we should be taking is by means of criminal prosecution, or the banning/restriction of the publication permits. Maybe, a civil action. Or better still, by our very own exercise of our freedom of expression in a responsible manner...and that has been done through press statements, blog postings, letters to editors, etc. It would be good if the leaders of nation could also come out and express their outrage...and disagreement with the conduct and actions of Al-Islam (the magazine), its publishers, editors and journalists. It is good to note that there has been almost no Malaysian groups that have come out in support of the actions of Al-Islam (or did I miss that).

Hence, my hope is that Al-Islam, its publishers, its editors, its reporters... repents the wrong that they done to Catholics/Christians. It would be good if they do publish an apology...and we move on.
..

Catholics are genuinely angry with the actions of these few people...and, maybe the expression of this anger should suffice...and will deter others from repeating such actions...

It would also be good if leaders/persons of other faiths could also express their condemnation of the article that appeared in Al-Islam (one unknown publication...which has suddenly become 'famous'...).


"This is the sum of Dharma [duty]: Do naught unto others which would cause you pain if done to you". Mahabharata, 5:1517 "

"...a state that is not pleasing or delightful to me, how could I inflict that upon another?" Samyutta NIkaya v. 353

"And if thine eyes be turned towards justice, choose thou for thy neighbour that which thou choosest for thyself." Epistle to the Son of the Wolf

"And as ye would that men should do to you, do ye also to them likewise." Luke 6:31, King James Version.

"Try your best to treat others as you would wish to be treated yourself, and you will find that this is the shortest way to benevolence." Mencius VII.A.4

"None of you [truly] believes until he wishes for his brother what he wishes for himself." Number 13 of Imam "Al-Nawawi's Forty Hadiths."

do not do to others what would cause pain if done to you. Mahabharata 5:1517


I publish the Catholic Lawyers Society Press Statement, as like many attempts to express themselves never get the required amount of publication by the press/media - and, that soemtime is the reason why people finally have to resort to other means that will get the people's and the media's attention. But alas, these 'other means', be it a peaceful assembly, candle light vigil, a public forum, a 'dinner' talk.... all also get the unwanted attention of the very 'anti-freedom' Malaysian police...


PRESS STATEMENT - 21/7/2009, CLS

Sacrilegious ACT BY JOURNALIST


The Catholic Lawyers’ Society Kuala Lumpur expresses dismay over the recent article appearing in the May issue of Al-Islam entitled ‘Tinjauan Al Islam Dalam Gereja – Mencari Kesahihan remaja Melayu Murtad’.


The article written by Muhd. Ridhwan Abdul Jalil @ Erwanz, displays utmost disrespect to the Catholic community when he admitted consuming Holy Communion and photographing the sacred specie. Although a police report has been lodged, no charges have yet been brought against the writer, the editor or even the publishers of the magazine.


There has been todate no sign of remorse or apology from the writer, editor and/or publishers of the Al Islam for the intrusion, violation and defilement of the most sacred element of the Catholic faith

The writer and editor of the magazine have shown utter contempt to the Catholic community and the Catholic Lawyers’ Society call on the authorities to expedite their investigations and haul up those responsible to Court as a deterrent so that no other religious institution will be subjected to such similar sacrilegious acts by other individuals.

Section 295 of the Penal Code states that it is an offence,

“to defile damage or destroy any object held sacred by any class of persons, with the intention of thereby insulting the religion of any class of persons, or with the knowledge that any class of persons is likely to consider such destruction, damage, or defilement as an insult to their religion…”


Section 298A of the Penal Code states that it is an offence,

“to cause or attempt to cause, or do any act that is likely to cause disharmony, disunity, or feelings of enmity, hatred or ill-will; or prejudice or attempts to prejudice, or is likely to prejudice, the maintenance of harmony or unity, on grounds of religion, between persons or groups of persons professing the same or different religions….”


The actions of the journalist and the magazine clearly contravene inter alia sections 295 and 298A of the Penal Code.


We also call upon the Ministry of Home Affairs & Internal Security to investigate the magazine and its publishers to ascertain if there has been any violation of the printing and publishing licences and permits issued by the Ministry and if there has been violation of the Printing Presses & Publications Act 1984.


The society expresses concern that in 2007 no criminal charges were levied against those responsible for circulating false information of mass conversions of Muslims in a church at Selibin, Ipoh that saw an unruly crowd disrupting the celebration of first Holy Communion for 90 Catholic children. Now, matters have gone one step further with the violation of the Holy Communion itself. We are concerned that this pattern of interference and violation of that which is sacred to persons of a particular faith and then publishing the same for all to know transgresses any attempt made so far towards harmony and mutual respect.


It is in this light that we call on the Police and the Home Minister to take immediate action against those responsible.


Dated 21st. July 2009


Mabel Sabastian

President Catholic Lawyers’ Society KL

Tel No: 016-6381276

****


Browsing through the internet, I came across other relevant responses to the article in the Al-Islam magazine...


PRESS RELEASE - 8th July 2009


Muslim Men Spying in Catholic Churches


We are deeply concerned that two Muslim men acting on false information that the Catholic Church was converting Muslims into Christians had recently entered a Catholic Church service for the purpose of gathering information as to whether this was occurring. They were also investigating whether the word 'Allah' was being used in church services. These men participated in the church service and even took part in the rituals that are strictly for Catholics and in doing so violated the sanctity of what Catholics hold very sacred. These men later wrote about their experience in an article entitled "Tinjaun Al Islam Dalam Gereja:Mencari Kesahihan Remaja Murtad" which was published in the May 2009 issue or the Al Islam magazine.

The men had consumed the 'communion' which is a white wafer which is blessed by the Priest in a Catholic ritual that dates back 2000 years. Via this ritual the 'white wafer' is supernaturally transformed into what Catholics believe to be Jesus Christ and when consumed allows Catholics to experience life after death. The 'communion' is held with great reverence and cannot in any way be mishandled or with a lack of respect. Even Catholics are not allowed to take home the 'communion' but are instructed to consume it immediately during the service. Catholics go through an elaborate process of preparing themselves to receive this 'communion' worthily and those who have not done so are advised to refrain from receiving it.

As such we are outraged that these Muslim men consumed it only to spit it out later, have it photographed and have its image published in the Al-Islam magazine. The total disrespect shown to what Catholics hold in closest to their hearts and believe to be most Holy strikes deep into our hearts and invokes much anger. While we are resolved not to allow anger to guide our actions and instead pray that these ignorant will be forgiven by the Allah, we want to know what has become of this most holy 'communion' and demand its immediate return to the church authorities.

We are further outraged that these Muslim men have violated our sense of privacy to freely worship. Would these men tolerate non-Muslims entering the mosque and violating the sanctity and holiness of their worship? We believe that all places of worship and the form of worship practiced in these places must be respected with the greatest sensitivity and reverence be they the church, mosque, temple or gurdwaras. Entering these premises with the intention to spy and worse to violate the sanctity of the worship only serves to incite anger and hatred that could lead to potentially dangerous consequences that would tear this country apart.

As such, as concerned Catholics, we have made a police report at the Patani Road Police station on 8th July 2009 and thereafter held a press conference at the same place. We requested that the police investigate this matter with great urgency and bring to books those responsible for acting to incite hate and resentment among the Catholic Community. We also call on the police to investigate both the Al-Islam magazine and the writers of the article.


Joachim Francis Xavier & Sudhagaran Stanley

***

Press Statement By Christian Federation of Malaysia

CHRISTIAN FEDERATION OF MALAYSIA
(PERSEKUTUAN KRISTIAN MALAYSIA )
Address: 10, Jalan 11/9, Section 11, 46200 Petaling Jaya, Selangor Darul Ehsan , Malaysia
Telephone: (03) 7957 1278, (03) 7957 146, Fax: (03) 7957 1457
Email: cfmsia@yahoo.co.uk

PRESS STATEMENT

GOING ABOUT THINGS THE WRONG WAY

The Christian Federation of Malaysia deeply regrets the surreptitious manner in which information was gathered for, and the publication by the magazine Al Islam of, the article entitled “Tinjauan Al Islam Dalam Gereja: Mencari Kesahihan Remaja Murtad” in its May 2009 edition where the “investigators” took it upon themselves to be “undercover spies and policemen”.

Firstly it is not proper or acceptable for adherents of one religion to spy on worshippers of another. Matters of faith and belief are personal, and it should not be the case that citizens of Malaysia should be made to live in fear of professing and practising the religion of their own free choice in public. Regrettably the interpretation/existence of certain laws, customs, practices and teachings in Malaysia has bred a type of religious imperialism, intolerance, intemperance and illegality which is unhealthy and unhelpful in the development of a truly multi-racial, multi-cultural and multi-religious society where everyone is able to profess and practice their own faith free from the interference of the authorities, whether civil or religious.

Secondly, no right-thinking publication and editor should have stooped so low so as to condone, let alone permit, this so-called investigative piece of journalism (if the article can even be called that) to be published. The authors of this article clearly failed in their stated aim as described in their chosen title – to seek the truth about Muslim youths who had converted to Christianity. It should have ended there. That it went further, and led to the actual publication of the article and the proud disclosure of acts which can only be described as religious desecration (by the illicit and wrongful participation in the rite of Holy Communion of Christians without understanding its meaning and consequences), only goes to reveal the moral, ethical and journalistic bankruptcy of the editors of this publication. The sacrilegious behaviour of the authors simply breached all standards of common decency. All God-fearing and peace-loving Malaysians, regardless of their faith traditions, should rightly distance themselves from such conduct.

Thirdly, Christianity has nothing to hide. If people indeed seek the truth, if they are curious about what Christianity is all about, what Christians do, what Christians believe, they need only ask. If they sincerely wish to learn, we welcome them with open and loving arms, as we do people of all faiths, or of none, into our churches and seminaries to learn more about Christianity. There is no need to snoop or to spy. Doing so is merely going about things the wrong way.

Finally, we trust that the authorities will do the right thing and take the necessary action to correct the wrong that has been done.



(signed)
The Rt. Revd. Ng Moon Hing
Chairman, Executive Committee Christian Federation of Malaysia

17th July 2009


And guess what, it was UMNO's Khairy that seem to have come out 'first' on this issue. What has happened to good old Anwar, Hadi Awang,...did they come out and condemn the actions of Al-Islam magazine, its journalist and editors?

Umno Youth chief Khairy Jamaluddin became the first Umno leader to speak out against the two Muslim journalists who went undercover to two Catholic churches, describing their action as “appalling and offensive.”

His latest blog posting blasted the Al Islam journalists for pretending to be Christians and taking part in its rituals — receiving and spitting out the Holy Communion wafer for photographs — saying their action was unacceptable even by a Muslim such as himself.

The pictures of the crushed wafer were published alongside the article in the Al-Islam magazine.

Khairy's posting makes him the first Malaysian-Muslim politician to speak on the issue which has upset many in the Christian community. The two journalists were investigating reports of mass conversions at the two churches.

"I have no reservations whatsoever in condemning this instance of unethical journalism, grounded in both disrespect and ignorance," said Khairy.

"The Islamic virtues of empathy, respect and tolerance were obviously absent in both the journalists and the magazine's editorial team that sanctioned the publishing of the article and the methods employed to gather information," he added.

Khairy, who is also the MP for Rembau, further said those behind the fracas should imagine what they would feel if Christians were to do the same thing, going to a mosque pretending to worship as Muslims and then making a mockery out of their religious practice.

"I suspect Al-Islam failed to consider the fact that the gravity of their own actions were similar to this hypothetical situation where the sanctity of the Muslim place and act of worship are violated," commented Khairy.

This incident plus the recent arrest and overnight detention of nine people who were allegedly on a conversion mission at Universiti Putra Malaysia have made many people doubt the sincerity of the 1 Malaysia concept.

Another case which has left many Christians upset is the swift legal action taken against the Catholic Church for using the word “Allah” in their newspaper. “Allah” in Arabic simply means god but many Malaysian Muslims believe that non-Muslims should not be allowed to use the word. - Malaysian Insider, 16/7/2009, Khairy condemns actions of two Al Islam journalists


Friday, July 17, 2009

Was in MACC's custody for questioning - then body found sprawled on roof of adjacent building...Of course, people are angry with the MACC.. government

Our Malaysian police's reputation is already in the gutter..

Now, the MACC's credibility is also in question - is the MACC involved in the killing of Teo Beng Hock?

Again...there is no CCTV recodings that we can look at and know who is responsible for this man's death...and threw his body so much so it landed on the roof of an adjacent building...

Teo's body was found sprawled on the roof of an adjacent building after he was grilled by Malaysia Anti-Corruption Commission (MACC) officers into the wee hours of the morning at the commission's Selangor office in Shah Alam.

The 30-year-old former journalist was the political secretary to Selangor executive councillor Ean Yong Hean Wah.

Teo was brought in to the MACC office for questioning on Wednesday evening over investigations into alleged misappropriation of funds by his boss - Malaysiakini, 17/7/2009,DPM calls for calm over Teo's death
Many are angry about what has happened ....and all we can wait for is the results of the investigation into the death...which could be classified as murder...

All protestors arrested should be immediately released... The police should not be wasting time harrassing protestors.... Investigate Teo's death now...

Do not cover-up the truth...please..

Thursday, July 16, 2009

Will PR allow people to elect their own Local Councillors? Civil Society Deadline for Local Council Elections:- '..by or before 2010..'

What is happening to local council elections??? ...elections...not appointments. Elections is where the people choose their local councillors...mayor...

Civil society groups came out after General Elections in 2008, which saw the opposition (Pakatan Rakyat) becoming government in 5 out of the 13 States in Malaysia, calling for local council elections to be held by or before 2010... [Of course, it made no sense...when it was something that should have been done in 3 months time...or latest by end 2008 - see earlier post: Local Government Elections at all levels by end 2008 (definitely NOT by 2010..)]

"all State Governments, especially those of Penang, Selangor, Perak, Kedah and Kelantan, which have committed to local government elections through their manifestos or the People's Declaration, should declare their road maps for local elections with clear timelines and milestones. Holding local government elections should be prioritized, and carried out by or before 2010. " - extract from the 28/3/2008 Civil Society Memo
Malaysia had Local Council Elections, until UMNO-led coalition government discontinued it in September 1964 - they could no longer trust the people of Malaysia to choose their own local councilors. In fact, the Malaysian government does not even trust Malaysians to choose their own community leaders - the government appoints them for the people. Thus, there is no elections to choose the Ketua Kampung (or the Ketua Taman..or the Ketua Kampung Baru...or Ketua Kawasan Perumahan..or the Ketua Orang Asli Kampungs...) or its committee. The BN government did not trust its people - the BN government chose to be dictatorial - they appointed the community leaders...and these 'community leaders' possibly would have approved all kinds of things with the people even knowing about what they had approved or not.. [ See also earlier posts:Even Thailand have local council (local government) elections. Shame on you, Malaysia.]

When Pakatan Rakyat came into power - many (especially me...) hoped that there will be changes - and the people will be given back the power and the right to choose their own community leaders ...and the local councillors ...the penghulus...and even the Senators for the Pakatan Rakyat-ruled states... Perak was the only state that at least started returning to the people the power to choose their local leaders. All other Pakatan Rakyat states did not do anything to return power to the people ...power to choose their own local leaders...

Is it only PKR? Not really....Penang led by Lim Guan Eng also seem to be the same...Where is that Local Council Elections...

Many NGO and Civil Society personalities also got 'bought' or compromised when they accepted appointments as Local Councillors...

In Selangor, in June 2008 the Menteri Besar announced about the appointment of local councillors - 1 year probation, and then a 3-year contract..... [Note, this means that local councillor are still going to be appointed beyond the 31st December 2009 deadline imposed by civil society....] - and still, many NGO and Civil Society personnel accepted these terms and were appointed local councillors... [See also earlier post:- Will HR activist still call for Local Council elections with the same intensity..??]
"The councillors will all undergo a one-year probation period and if they prove that they are good with what they do, we will extend their contract to three years," said Khalid. - Malaysiakini, 19/6/2008, S'gor local councillors list finally ready
In Selangor, the 1 year probation should have ended in June 2009 - Have the civil society/NGO activist signed 3-year contracts...or any contracts of appointment as local councilors that extends beyond the end 2009 deadline for Local Council Elections?

Have not seen a recent statement issued by civil society groups on the question of Local Council. I know that there was mention again about criteria for appointment....but why talk about this when it is now past mid-2009, and nothing seem to be done with regard to even preparations for local council elections...

There should not be talk of appointments by the Menteri Besar and the state government - it must be elections. It must be the people that choose...






Saturday, July 11, 2009

" laud the various measures of economic reform" of Najib - I do not think so.

There are some that " laud the various measures of economic reform announced lately by the Government...." led by Prime Minister, Mohd Najib Razak....

Happy we may be about the removal of that 'bumiputra quota' - we may have to look more closely at what the government did?

Liberalization - what does that mean? Is it good for the Malaysian people...

Free Trade .... Liberalization are good news for the rich in business - but for the small and medium sized businesses, and Malaysians generally it spells 'DANGER'..

What Najib did was really was to stop pretending - he was only openly declaring what Malaysia was already obligated to do after it signed (without any consulation with the Malaysian people) the World Trade Organization(WTO) Agreements, and the other Free Trade agreements. Preferential treatment to the Bumiputra...or even Malaysians was signed away many years ago by our UMNO-led BN government...

Go read about the WTO, the Free Trade Agreements, Liberalization, Free Trade...etc, and its impact on local citizenry...especially the poorer persons and sectors...

Sadly, our local media do not do its job to educate us about the 'other side' arguements about things done and not done. We only seem to get the views that the government wanits us to know...not the full truth...


Bar Press Release: State Intervention Needed for Domestic Workers (8/7/2009)

The Bar Council commends the Ministry of Human Resources for proposing that domestic workers be given a rest day and for suggesting that all domestic workers have a standard employment contract.

Despite adverse reaction from some individuals, we must proceed to do what is right and uphold human dignity regardless of nationality or class of work.

As a matter of policy we should adopt a standard employment contract to cover all domestic workers irrespective of their country of origin.

The Employment Act should be amended to include as much of this standard contract as possible to ensure uniformity and statutory protection for domestic workers.

Although domestic workers are not accorded full protection under the Employment Act, there are still many provisions of the Employment Act, which apply:

* Section 24 – Lawful Deductions (Deductions shall not exceed 50% of the wages earned – 24(8))
* Section 69 – Director General’s power to inquire into complaints (Dispute relating to wages or any other payment in cash due to the employee under the terms of the contract of service or the Employment Act)
* Section 65 – Powers of inspection and inquiry (Director General shall have power to enter without previous notice any place of employment and to make an inquiry)
* Section 79 – Powers of Director General to investigate possible offences under the Act
* Part XVII – Offences and Penalties (Fines not exceeding RM10,000)

We call on the Ministry of Human Resources to carry out more inspections to ensure that employers do not breach the provisions of the Employment Act. Situations in which domestic workers are not paid wages for 3 or 6 months are a violation of the Employment Act.

We would also suggest than an effective mechanism be set up to deal effectively with claims for non–payment of salary and monetary benefits.

It is perhaps important and timely to consider seriously the rights of domestic workers to form their own associations so that they can highlight their rights and concerns.

We propose that the Government incorporate and implement the following terms and conditions in formulating a just and equitable standard employment contract for all domestic workers.


Ragunath Kesavan
President
Malaysian Bar

8 July 2009



Appendix 1

Items That Should Be Part of a Standard Contact


Given below is a list of 24 important items that should be part of the standard contract for domestic workers

1. Place of employment (To ensure that the domestic worker is not taken from one place of employment to another)

2. Duration of the contract and the date of commencement

3. Basic Monthly salary

4. Work Hours – The domestic worker is to be provided rest of at least 12 hours a day; Inclusive of continuous period of rest of at least 7 hours

5. Rest Day – At least one (1) rest day per week should be provided; The contract should also specify the rate of payment if work is done on this rest day

6. Paid annual leave – The domestic worker is to receive 8 days of paid annual leave per year when employed for less than 2 years and 12 days per year when she is employed between 2 to 5 years. The domestic worker will only become eligible to take this paid annual leave after her 1st year of employment (This is consistent with the provisions of the Employment Act)

7. Medical treatment and paid sick leave – The Employer is to pay for medical treatment and not require the domestic worker to work when she is sick.

8. Bank Account – The Employer should assist the domestic worker to set up a bank account. The bank account should be in the name of the domestic worker.

9. Wages - Wages should be paid directly into the bank account set up in the name of the Domestic Worker; Wages should be paid not later than the 7th day after the end of the previous wage period

10. Fees and Expense – The contract should provide a list of all fees and expenses that have been incurred in the recruitment and employment of the domestic worker. The contract should clearly stipulate which items have to be paid by the employer and which expenses have to be borne by the domestic worker

11. Advances – The total advance that was paid by the employer should be stipulated in the contract together with an explanation of how much the employer intends to deducted each month to recover these advances (The total deductions in any one month cannot exceed 50% in accordance with Section 24 of the Employment Act).

12. Accommodation – The contact should specify the type of arrangements that have been made. Is the Domestic Workers going to be provided a separate room or is she required to share the room with others? What is the size of this room? Arrangements for accommodation must have regard to adequate space, ventilation, privacy and security for the domestic worker

13. Food – The Domestic Worker should be provided 3 reasonable meals a day

14. Size of household – The number of persons that the domestic worker would be required to serve on a regular basis must be specified. The Contract must specify – The number of adults (above the age of 18), The number of children (between 5 and 18) and the number of children (below the age of 5)

15. List of duties of Domestic Worker – The contract should specify the general range of duties that the Domestic Worker is expected to take on i.e. Household chores, cooking, looking after aged persons, baby-sitting and child minding. Other duties that reasonably come under the job scope of a Domestic Worker can be included but these should be specified in the contract

Contract must stipulate that the Domestic Worker will only work for the Employer and his/her immediate household and not be required to work in another residence or be assigned to any commercial, industrial or agricultural enterprise. The domestic worker is to comply with reasonable instructions of the employer

16. List of duties of employer – The contract should specify the general obligations of the employer towards the domestic worker. These obligations should include treating the domestic worker in a just and humane manner and under no condition resorting to physical violence. The employer must also respect the religious beliefs of the domestic worker and not put the domestic worker in a situation where such beliefs can be compromised

17. Termination of contract – The contract should list out the various conditions under which the contract can be terminated by either the Employer or the Domestic Worker

18. Passage – The transportation cost to bring the domestic worker to Malaysia is to be born by the employer. If the fixed term contract comes to its natural end the employer will also be responsible for paying for the cost of repatriation.

If the contract of the domestic worker is terminated because of misconduct or if the domestic worker unreasonably terminates the contract, the cost of repatriation should be born by the domestic worker. Whether the contract was wrongfully terminated by the employer or unreasonably by the domestic worker will be determined by the Labour Department.

19. Wrongful termination – In the event of wrongful dismissal by the employer, the employer will pay the dismissed domestic worker adequate compensation.

20. Foreign workers compensation scheme – The Employer must take out insurance for the domestic worker. The standard contract should specify the minimum quantum payable in the event of death or permanent disability

21. Passport - The Passport should remain in the possession of the domestic worker.

22. Bank Guarantee – Employer should provide a bank guarantee to the Embassy/High Commission of the sending country

23. Amendments – It should be clearly stated that no provision of the contract can be altered, amended or substituted without the written approval of the Ministry of Human Resources and the Embassy/High Commission of the sending country

24. Copy to Domestic Worker – The domestic worker should be given one copy of the contract in her native language

Friday, July 10, 2009

Will Najib, Anwar, Lim Kit Siang, Hadi, Syed Husin Ali...protest this killing of (about 440) innocents by the US in Pakistan using un-manned drones?

Why are we not seeing reports of the US-unmanned drones killing people in Pakistan? It is also not reported in the Malaysian main-stream papers...

The 'shoot to kill' by Malaysian police personnel was bad - but many were allegedly situations where the people shot (or some of them) had allegedly started firing at the police....but in this cases, US drones are un-manned. There are no 'firing at' happening. Innocents are being killed....and the whole world choses to ignore this - not demanding even an answer from the US under Obama.

Rule of Law - right to defend oneself ...right to a fair trial??

Amnesty International is also silent....why? Are Pakistanis lesser humans - and so we are not at all concerned.

At least six missile attacks from suspected US drones have killed eight people and wounded five others in the Pakistani province of South Waziristan near the Afghan border. - Al-jazeera, 8/7/2009, Deadly missiles strike Pakistan
Reuters...have a report on this, and we note that there only 7 (and that too 'suspected' ) al-Qaeda/Taliban persons have been killed so far, from almost 430 persons killed by reason of these un-manned US drones. How many men? How many women? How many children? What were their names? Is this not murder? But, why is the UN....the EU...the World...the OIC...Malaysia not protesting this ongoing killing of innocents? Pakistan's protest have also been wanting...

Suspected U.S. drones fired six missiles into a Pakistani Taliban training camp near the Afghan border on Wednesday, killing six militants, government and intelligence agency officials said.

The pre-dawn attack was in the South Waziristan region, in a stronghold of Pakistani Taliban leader Baitullah Mehsud, they said.

Here are some facts about the U.S. missile attacks, the controversy they have caused, and a list of some of the more prominent militants killed, according to Pakistani officials.

WHY DOES THE UNITED STATES ATTACK?

Many al Qaeda members and Taliban fled to northwestern Pakistan's ungoverned ethnic Pashtun belt after U.S.-led soldiers ousted Afghanistan's Taliban government in 2001. From their sanctuaries there the militants have orchestrated insurgencies in Afghanistan and Pakistan. The United States and Afghanistan have pressed Pakistan to eliminate the sanctuaries. Apparently frustrated by Pakistan's inability to do so, the United States is hitting the militants itself.

HOW MANY ATTACKS?

The United States has carried out about 46 drone air strikes since the beginning of last year, most since September, killing about 430 people, including many foreign militants, according to a tally of reports from Pakistani intelligence agents, district government officials and residents.

SOME OF THE PEOPLE REPORTED KILLED

January 28, 2008 - A senior al Qaeda member, Abu Laith al-Libi, was killed in a strike in North Waziristan.

July 28 - An al Qaeda chemical and biological weapons expert, Abu Khabab al-Masri, was killed in South Waziristan.

November 22 - Rashid Rauf, a Briton with al Qaeda links and the suspected ringleader of a 2006 plot to blow up airliners over the Atlantic, was killed in an attack in North Waziristan. An Egyptian named as Abu Zubair al-Masri was said to be among the dead in the same attack.

January 1, 2009 - A U.S. drone killed three foreign fighters in South Waziristan, Pakistani agents said. A week later, a U.S. counter-terrorism official said al Qaeda's operational chief Usama al-Kini and an aide had been killed in South Waziristan. The U.S. official declined to say how or when they died.

WHERE ARE THE DRONES LAUNCHED FROM?

A senior U.S. lawmaker, Senator Dianne Feinstein, told a U.S. Senate hearing in February that drones were being operated and flown from an air base inside Pakistan. Pakistan denied that, saying there was no permission for the strikes, nor had there ever been.

U.S. POSITION

The United States has shrugged off Pakistani protests. It says the missile strikes are carried out under an agreement with Islamabad which allows Pakistani leaders to decry the attacks in public.

U.S. officials said last month the United States had given Pakistan data on militants in the Afghan border area gathered by surveillance drones in Pakistani airspace under an agreement with Pakistan.

PAKISTAN'S POSITION

Pakistan says the drone strikes violate its sovereignty and undermine efforts to deal with militancy because they inflame public anger and bolster support for the militants. Pakistan has pressed the United States to provide it with drones to allow it to conduct its own anti-militant operations.

(Compiled by Islamabad Newsroom; Editing by Robert Birsel and Jerry Norton) - Reuters, 8/7/2009, FACTBOX: U.S. drone strikes in Pakistan

Will Najib, Anwar, Lim Kit Siang, Hadi, Syed Husin Ali...protest this killing of innocents by the US in Pakistan? Or will they too turn a blind eye when it comes to US's violations of human rights?

Remember also that all is presumed innocent until proven guilty...

See also earlier posts:-

We must protest US indiscriminate extra-judicial kiiling of at least 440 persons since August 2008..

Obama's un-manned drones kills at least 45 people attending a funeral service in Pakistan...- some reports say 80 were killed during this funeral service bombing

Obama 'murders' another 22 in Pakistan

Wednesday, July 08, 2009

Rakyat mahukan Demokrasi. Rakyat boleh pilih ketua/pimpinan setempat - tak payah kerajaan melantik ketua/wakil lagi

Rakyat mahukan demokrasi di semua peringkat bermula dengan peringkat kampung/kampung baru/Taman...

Rakyat mahu memilih ketua kampung dan jawatankuasa kampung/kampung baru/taman sendiri..., dan rakyat mempunyai keupayaan berbuat demikian...

Sudah terlalu lama kerajaan memilih Ketua Komuniti - di mana ada masa rakyat sendiri tidak tahu siapakah ketua kampung, dsb...

CARA MENGADAKAN AGM (Mesyuarat Agung) setempat untuk kembalikan demokrasi kepada rakyat...untuk rakyat memilih ketua/pimpinan sendiri...

1) Risalah diedarkan kepada semua rumah dalam kampung (atau kampung baru atau taman) berkenaan menyatakan bahawa satu mesyuarat agung kampung akan diadakan pada tarikh/masa di tempat yang dinyatakan, di mana semua penghuni/penduduk dijemput hadhir mesyuarat ini, di mana Ketua, Naib Ketua, Setiausaha, Bendahari & 3 (atau 5) ahli Jawatankuasa Kampung akan dipilih oleh penduduk sendiri, di mana tempoh perlantikan adalah untuk jangkamasa tidak lebih daripada 1 (atau 2 atau 3) tahun.

2) Deraf Perlembagaan ringkas juga akan diedarkan, di mana isu-isu yang ditimbulkan dalam soalan-soalan berikut akan dijawab:-

Siapakah yang mempunyai hak mengundi?
Semua yang berumur 18 tahun ke atas.

Siapakah yang mempunyai hak bertanding?
Sesiapa yang ada hak mengundi berhak bertanding

Berapa kalikah Ketua dan Jawatankuasa akan bermesyuarat?
Sekurang-kurang sekali setiap bulan

Apakah koram mesyuarat Jawatankuasa?
3 orang

Berapa Mesyuarat Agung akan diadakan?
Sekurang-kurang satu setiap 3 bualan - ini adalah masa rakyat setempat akan berdialog, berbincang dengan pimpinan mereka, dan pimpinan akan memberikan lapuran mereka. Notis mesyurat mesti dihantar kepada semua rumah 2 minggu sebelum mesyuarat.

Mesyuarat Agung Tahunan berbeda daripada Mesyuarat Agung biasa - di mana pada Mesyuarat Agung Tahunan adalah bila lapuran bertulis Ketua/Jawatankuasa akan diberikan, serta Penyata Akaun, juga proses pemilihan pimpinan baru. Notis Mesyuarat Agung Tahunan mesti dihantar 1 bulan sebelum tarikh mesyuarat.

Berapa lamakah seseorang boleh memegang jawatan?
Seseorang tidak dibenarkan memegang jawatan Ketua lebih daripada 2 penggal berterusan.
Seseorang tidak benarkan menjadi ahli jawatankuasa berterusan lebih daripada 6 tahun.
(Kita tidak mahu orang sama memegang kuasa terlalu lama...)

Apakah tempuh perlantikan ketua dan jawatankuasa?
Untuk pilihan pertama, tempuh adalah untuk 1 tahun - tetapi cadangan adalah selepas itu, tempuh ini dipanjangkan kepada 2 atau 3 tahun.

Bolehkah perlembagaan dipinda?
Perlembagaan boleh dipinda bergantung kepada penduduk setempat...

Saya berharap bahawa kerajaan BN dan juga Pakatan Rakyat akan segera kembalikan hak memilih ketua kampung/kepimpinan kampung/taman/kampung baru kepada rakyat. Tak payah kerajaan melantik ketua lagi....rakyat boleh memilih sendiri...

KOS - Ada wakil rakyat Pakatan Rakyat menyatakan bahawa kos beratus ribu...(beberapa juta) diperlukan untuk mengadakan pemilihan supaya penduduk kampung/kampung baru/taman perumahan dapat memilih kepimpinan mereka sendiri... tetapi, saya menyatakan bahawa jika cara yang dinyatakan di atas diikuti kos hanya sedikit. Kos cetakan risalah sahaja...Dewan milik kerajaan boleh digunakan untuk AGM...Air Kotak /Sirap untuk setiap orang tidak begitu banyak....Kos mungkin diperlukan untuk mesyuarat pertama sahaja dan selepas itu rakyat setempat akan boleh menampung perbelanjaan yang lain...

ADUN atau MP setempat boleh mengimplementasi rancangan kembalikan demokrasi kepada rakyat di peringkat ini - jika pun pimpinan Pakatan Rakyat (atau BN) atau parti politik belum mahu mengembalikan demokrasi kepada rakyat...






Tuesday, July 07, 2009

Both Filipino and Indonesian domestic workers should receive same wages for same work....

Why should a Filipino domestic worker earn more than an Indonesian domestic worker? Should not all workers be treated equally...

In Malaysia before, in the construction sector, it was said that the Malaysian Chinese was p0aid the highest, followed by the Malaysian Indian and lastly the Malaysian Malay (and the Malaysian Indonesian?) - and this was not right if they were doing the same work...

The Malaysian Constitution guarantees Equality, and the Malaysian Employment Act 1955 also stipulates that there should be no discrimination between the local worker and the foreign worker, i.e. section 60L

60L. Director General may inquire into complaint.

(1) The Director General may inquire into any complaint from a local employee that he is being discriminated against in relation to a foreign employee, or from a foreign employee that he is being discriminated against in relation to a local employee, by his employer in respect of the terms and conditions of his employment; and the Director General may issue to the employer such directives as may be necessary or expedient to resolve the matter.

(2) An employer who fails to comply with any directive of the Director General issued under subsection (1) commits an offence.


And, it is time to us to remove discrimination based on nationality that exists amongst migrant workers...

In a laundry shop - the Burmese earns higher than the Nepali worker who earns higher than the Indonesian >>> and it is all because of the agreements signed between countries.

In Malaysia, the employers are not complaining - because this will be a factor that prevents workers (yes - these foreign workers) from uniting... it is time for same pay for same work for all nationalities...

Migrant Forum in Asia, a coalition of Asian groups launched a campaign in 2005/6 on this very point - Equal Pay for Equal Work Now ! ! !

At, last Indonesian Government has woken up to the fact that Indonesian workers are the lowest paid amongst migrant workers - for doing the same work...
The wages should be standard. There should not be discrimination. All nationalities should earn the same.” - Indonesian Manpower and Trans-migration Minister Erman Suparno
Years of experience could be a criteria for different wages. Educational qualification could be a criteria for different wages. Special skills could be a criteria for differen wages. But nationality, ethnicity, religion ...should never be a reason for a worker to receive a different wage for the same work...

Indonesia will resume sending its citizens to work as maids in Malaysia next month.

Indonesian Manpower and Trans-migration Minister Erman Suparno said the resumption would, however, be subject to the settlement of specific issues.

During his meeting with his Malaysian counterpart Datuk Dr S. Subramaniam yesterday, he raised the following issues:

> Allowing maids to hold their passports instead of the employers doing so;

> Giving maids a weekly day off;

> Requiring employers to bank in monthly pay;

> Giving adequate protection to maids from abusive employers; and

> Curbing maids from being brought into Malaysia illegally.

He said discussions would start on July 15.

“We hope to reach a consensus within two weeks. We hope that the discussions will solve the problem so we can resume sending maids,” he told a press conference at the Indonesian embassy.

Erman said the Indonesians would also discuss minimum wages during the discussions.

“Being trained or untrained is irrelevant. The question is what are the qualifications required by employers for a domestic servant?

“The wages should be standard. There should not be discrimination. All nationalities should earn the same.”

Erman said the two countries would also review the memorandum of understanding on labour, which was signed in May 2006.

“We need to review it because both countries have since passed laws which are not consistent with it.

“On the Indonesian side we have a new human trafficking law which came into force in 2007,” he said.

On his meeting, Erman said he was now “happy and confident”, adding that Dr Subramaniam was responsive to suggestions to improve the situation. - Star, 7/7/2009, Maid tiff set to be resolved



Better care required for those with special needs - Malaysian Bar, with reference to Taman Sinar Harapan

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 Release

Better care required for those with special needs

Recent media reports regarding Taman Sinar Harapan, a government-run care facility in Kuala Kubu Baru, have highlighted some of the challenges that the Government and members of society alike must face up to where the care of persons with special needs is concerned.

The Government must demonstrate its commitment to the care of the disabled as well as other marginalised groups by allocating more financial and personnel resources to the Welfare Ministry and other relevant agencies. This is a heavy responsibility, but one that the Government must fulfil as part of its obligation to its citizens. It must identify and recognise the specific needs of residents of institutions such as the Taman Sinar Harapan homes and take the necessary measures to ensure that the residents are adequately cared for, including providing sufficient caregivers who are properly trained, equipped and remunerated for the very difficult work that they do.

However, the issue is far more complex. At the root of it is the question of how we, as members of society, deal with the issue of disability and treat persons with disabilities and other needs. What are our values and our priorities, as privileged individuals?

Offensive as it is to acknowledge, there are some families that effectively abandon their members to institutionalised care, and walk away because they cannot (or do not want to) cope with the hardship of providing round-the-clock intensive care. They have passed the buck to the State, and salve their consciences that way, although they may realise that the care their family members will receive is woefully inadequate. The rest of us are content to behave like the proverbial ostrich with its head buried in the sand, until shocking media reports force us to react and to at least point a collective accusing finger at the Government before once more retreating into the comforts of our privileged lives.

The responsibility for caring for less fortunate members of society must lie with the Government, but also with each and every one of us. While we look to the State to discharge its duties to care for its rakyat, we must, individually and collectively, also play a role in ensuring that the welfare, and human rights, of these individuals are not conveniently swept under the carpet until the next media exposé.

Ragunath Kesavan
President

Malaysian Bar
7 July 2009