Bar Council: Royal Commission must have wide scope and powers (22/10/2009)

Malaysian Bar Council
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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

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Press Release

Royal Commission must have wide scope and powers

The recent testimony of Thai pathologist Dr Pornthip Rojanasunand in the inquest into Teoh Beng Hock’s death once again raises serious issues that must be addressed.

The Malaysian Bar reiterates its call for the establishment of a Royal Commission of Enquiry (RCE) with a wide ambit to investigate the circumstances and cause of Teoh’s death and to conduct a concomitant review of the MACC’s interrogation and investigation techniques. These two aspects are intrinsically interlinked and cannot be analysed in isolation from one another.

It is evident now, more than ever, that the scope of the RCE’s investigation must not be limited to reviewing the MACC’s interrogation methods alone, as was proposed by the Government. While this must be a crucial element of the RCE’s terms of reference, it falls far short of what is imperative. The complexities of the case require nothing less than a holistic and inclusive examination of all the relevant facts by the RCE. Under the Penal Code, an inquest is restricted in its scope and findings, and would be far less effective than an RCE would be.

Teoh’s death is a matter of immense public interest that warrants the highest level of priority. It is indefensible that a witness in a routine investigation should have been deprived of sleep and interrogated for more than eight hours. Even more inexcusable and unacceptable is that Teoh was denied access to legal counsel during questioning.

We demand that the Government establish an RCE that is empowered to investigate the circumstances of Teoh’s death and to review MACC’s interrogation protocols and investigation techniques.

Ragunath Kesavan
President
Malaysian Bar

22 October 2009

Is Pakatan for the abolition of the death penalty? Malaysian girls easily duped (Star)

We are aware that many get duped into transporting drugs from one destination to another but alas we still have that law that sends them to their death. It is a mandatory sentence, and thus judges, cannot even give a lesser sentence of imprisonment for those fools who get duped, be they Malaysian girls or others. The law must be amended, and the mandatory death penalty be removed. Retention of death as a possible sentence, but with enough flexibility to impose other sentences will be better and just. [Of course, my position is that Malaysia should abolish death penalty]

Mandatory sentences should also be removed for all crimes - there must be provisions in law that gives judges flexibility so that sentences could not just befit the crime but also the circumstances of the cases. Mandatory sentences is an ousting of a judicial function. It is better that legislators set minimums or maximum sentences but the final decision must be left to judges who will decide on the sentence to impose after considering mitigating and aggravating factors in a case.

This concern for Malaysians facing death penalty in other countries is good but hopefully Malaysian politicians will also show similar concern for those in similar predicament in Malaysia.

A question for Pakatan - Will the Pakatan Rakyat take a stand for the abolition of the death penalty in Malaysia? Will the Pakatan Rakyat take a stand for the abolition of corporal punishment like whipping in Malaysia?

KUALA LUMPUR: Malaysian lasses are an easy lot to charm. They are easily smitten by sweet words and gifts, making them an easy target for drug-trafficking syndicates looking for mules.

This is the view of Deputy Foreign Minister A. Kohilan Pillay, who said young Malaysian girls, some fresh graduates, were easily conned by men from the syndicates to travel abroad with a package.

“Some of the girls meet the men abroad and some meet them in Malaysia.

“There have been cases where girls just knew the men for a day and were willing to travel around with a bag, not knowing the contents,” he said at the launch of the Wanita MCA women and children’s aid and public complaints bureau in Kepong yesterday.

Also present at the event was Wanita MCA chief Datin Paduka Chew Mei Fun.

He said there were currently 1,565 Malaysians jailed abroad and 60% of the cases were drug mules.

“Thailand has the highest number of jailed Malaysians at 52. In Peru, 12 out of the 15 Malaysians jailed are girls,” he said, quoting 2007 statistics.

He added that 25 Malaysians were jailed in Taiwan, 11 in China, 12 in Spain and one in Chile.

“Six in China have been sentenced to death. Since 2007, about 30 Malaysians are in death row,” he said.

Kohilan added that the syndicates, mostly comprising African men, would give the young girls free flight tickets and cash for shopping as part of the trip abroad.

“There is no such thing as a free trip.

“Parents should be mindful of such trips and keep a close watch on their children,” Kohilan said.- Star, 1/11/2009, Malaysian girls easily duped

Pakatan should take a clear stand on the 'Allah' issue..., or is it the same as the BN position?

Allah issue...

Christians and Sikhs have been using the word 'Allah' to refer to God, but alas in Malaysia the BN Muslims are saying that only Muslims can use the word. In fact, there are State Enactments to that effect that covers several other words as well.

PAS is of the opinion that everyone can use the word Allah, and it is not exclusive to Muslims. I believe DAP is of the position. PKR, I am not really sure as they seem to take different positions at different forums.

Being a State enactment, it can be amended by simple majority - and that is what Pakatan Rakyat States should be doing. Amend that enactment to reflect Pakatan's position.

Recently, 15,000 15,000 bibles imported from Indonesia were confiscated because the word Allah was used. But alas, the Pakatan seems to be silent about this. Why? Are they afraid that taking a position would result in a loss of Muslim support? This is so wrong for they should come out and take a clear position...Silence with regard to 'controversial' issues is not what we want...

Anwar, Hadi and Kit Siang should come out strong and take a clear stand. Condemn the confiscation. Clearly state that the word Allah can be used by other religions not just Muslims. Table a bill to amend State Enactments to reflect this position.

Let me guess as to the reasons that Pakatan leaders may give for not taking a stance on this issue...

a- This is a sensitive issue which we will definitely address once we form the Federal Government. [State Enactments - hence you can do the amendments now in Pakatan ruled states.]

b- The matter is already before the court, and hence it is not right to comment on this issue. This is crap - as State bodies from Pakatan ruled States have actively intervened in this case taking of course the BN position, i.e. only Muslims have a right to use the word 'Allah'.

I believe that Pakatan must take a stand now - condemn the confiscation, and state clearly your position, and do the needful amendments to your State enactments...

The authorities have seized some 15,000 bibles imported from Indonesia because they use the word "Allah" as a translation for God which is banned here, a church leader said today.

"The church uses the bible and it is part of the worshipper's life. There is no reason why it should be confiscated," said Reverend Hermen Shastri, general secretary of the Council of Churches of Malaysia.

"The bibles are used in the church," he said, dismissing suggestions by Islamic officials that they could be used to help convert Muslims who make up some 60 percent of the 27 million population.

Shastri said the latest confiscation happened in September when airport authorities in Sarawak seized 10,000 copies of the Indonesian-language bibles which feature the disputed word "Allah".

Another 5,000 copies were confiscated in March, he said.

"The reason given for the detention of the Scriptures was because they contain banned words," he said.

'Allah' predates Islam

The Catholic Church has waged a two-year legal battle with Malaysian authorities over the use of the word "Allah" as a translation for "God" in its newspaper published here.

The Herald newspaper, circulated among the country's 850,000 Catholics, nearly lost its publishing licence last year for using the disputed word in its Malay-language edition.

The government has argued that the word "Allah" should be used only by Muslims, who dominate the population of multicultural Malaysia.

The row is one of a string of religious disputes that have erupted in recent years, straining relations between Muslim Malays and minority ethnic Chinese and Indians who fear the country is being "Islamised".

Shastri said there was no reason to seize the bibles because the use of the word "Allah" predates Islam.

"The word is not sensitive in Indonesia and the Christians use it in the Middle East. It is mainly driven by other motives ... (to project) the dominance of Islam in Malaysia," he said.

Officials at the Home Ministry, which Shastri said was involved in the seizure, were not immediately available for comment. - Malaysiakini, 29/10/2009, 'Allah' ban: 15,000 copies of bible seized

2 more Burmese migrants die in detention. Was it Leptospirosis again? Would hygienic conditions and proper healthcare prevented these deaths?

Well, we have been informed that 2 more Burmese migrants in detention have died of disease. But what disease? Was it again Leptospirosis.

One of the deceased was allegedly Aung Myo Lwin [Camp Body Number: 22157]., who died on 22/10/2009. Hospital did not say what disease he died from. He was buried on 29/10/2009.

The other deceased was allegedly buried on 28/10/2009.

The 2 detainees was allegedly from the Lengeng Detention Centre, and they were taken to the Seremban Hospital where they died.

Remember that 6 other Burmese recently died of Leptospirosis at the KLIA Depot Detention Centre. This was an AFP Report, which was reported in the Singapore Straits Times. See Joint Statement dated 25/9/2009 in earlier post,LEPTOSPIROSIS CAUSES DEATH OF ANOTHER 6 BURMESE IN DETENTION IN MALAYSIA DENIAL OF HEALTHCARE IS A VIOLATION OF RIGHT TO LIFE

Recall also that 2 other Burmese detainees died of Leptospirosis at the Juru Detention Centre. See Joint Statement dated 23/5/2009 , 126 groups:- Death of 2 Burmese Indicative of State of Detention Places in Malaysia - Denial of Healthcare Is a Violation of Right to Life

We have a right to be informed of disease outbreaks and deaths in places of detention in Malaysia.

There is a need for permanent clinics manned by at least one doctor to be set up at all places of detention. There must be immediate access to heathcare, and continuous monitoring by the public health authority to ensure people in detention do not die by diseases, that most likely may have been avoided by ensuring cleanliness and adequate healthcare.

Majlis Bandaraya Petaling Jaya - Where is the transparency and accountability?

When Pakatan Rakyat managed to wrest Selangor from Barisan Nasional, I was happy and was looking forward for changes and reforms. I expected that there would be greater openness, transparency, accountability and democracy.

First, that call for local council elections was ignored, and they appointed local councillors for 1 year (probation), and I had hoped that after a year we will be having local council elections - but NO, they just appointed again for another year. In fact, there seem to be no political will to go for elections so that the people can elect their local councillors. They were quick to state that they cannot because the law had to be amended at the Federal level, but then there were other legal opinions that stated that they could have the elections now. [If one is uncertain about the law, then the Pakatan Government should have taken the matter to court to get an interpretation of the law, and a declaration that the State has the powers to hold local council elections - there was no such application filed at all - and that is indicative of the position that Pakatan took - they were not interested in any reforms or elections, they preferred appointing their party members and pro-Pakatan persons as councillors.]

Well, what about elections at kampung, kampung baru, tamans, etc.. There was no law preventing them from doing that. But, save for Perak, who had elections for kampungs and 1 kampung baru, Pakatan did not bother. If there had been elections, then the various areas elected reps could then also elect leaders, who could be the persons appointed by State as members of the local council. [Of course, there could be some appointments to ensure representatives of minority concerns also get into the Local Council].

So, there was no elections - no democracy.

Let us now look at the question of transparency, accountability and openess, and for that I have picked on the Majlis Bandaraya Petaling Jaya. I visited their website, i.e. http://www.mbpj.gov.my/home.

There was information about council meeting dates, but alas, there was no mention of the Agenda, and/or at the very least a summary of decisions made at the various meetings. If there was an agenda, concerned members of the community could possibly e-mail their views to the Local Council before they decided for Petaling Jaya. If decisions made were made known, then all will know. It would be best if full minutes are published on their website - but some may argue that some things may be 'sensitive' or secret - we can accept that but there is no rationale for at least letting people know a summary of the decisions taken.

It would also be good to have information about attendance at these meetings.

We still have a couple of years until the next General Elections, and I do hope that we do see some more democracy, accountability and transparency.

There should also be openness, i.e. a commitment to answer queries put to the Local Council. Invite questions to be sent, and give responses to these questions. And, it would be good if the questions and answers be published on their website.

They have an Aduan section, and maybe there are responses from the MBPJ - but these are not publicly accessible.

What are the Local Councillors doing? I know some of them are doing a lot of work but alas this information is not at all available on the website.

If Pakatan is desirous in maintaining the support of the people, it must be different from the Barisan Nasional - and must tell the people how they are different.

It terms of transparency and accountability - it seems that they are no better than the BN.

In terms of democracy - it seems that they are no better than the BN.

Pakatan leaders still behave that they are just in the Opposition, as it was pre-March 2008. They are now in government in a few States, and the people really want to know how they are different from the BN. The only difference seem to be new faces. Am I wrong?

Time is running out, and the opportunity for real changes and reform is running out....

Pakatan expresses condolences - this is not enough [It's murder: Indonesian maid dies of alleged abuse]

It's finally been classified as murder.... but we can do more than this to prevent other abuses and deaths..and the Government has the obligation to do this.

Pakatan's Selangor government is there after at the hospital, and that show of concern for this case is good..

But the Selangor Pakatan government can do more for migrants, asylum seekers and refugees in its state..

The Selangor Pakatan Government can come up with clear policies and practices

For those who flee repressive Burmese regime, the Selangor Government (and other Pakatan State Governments) could step in and grant temporary status of 'asylum seeker' or 'refugees' - It is not only the role of the UNHCR...at least these temporary status could be until UNHCR gets the time to do their job.

Likewise, the State Governments can come up with guidelines for employers in Selangor when it comes to migrant workers...

Now, the Pakatan governments occasionally issue statements when the issue hits the papers but other than that ...there is no policy, etc... they simply leave it all to the BN Federal Government...[They seem to have forgotten about sovereignty of the State...and the fact that Malaysia is a Federation...]

Expression of condolences is not enough... they are suffering and dying in Pakatan governed States...

Come out with policies and State Laws - or at the very least make concrete proposals openly to the Federal Government....

KLANG: The Indonesian maid who was allegedly abused and found locked up in a toilet has died in hospital, and her case has been reclassified as murder.

Mautik Hani, 36, from Surabaya, who had multiple injuries on various parts of her body, died in the intensive care unit of the Tengku Ampuan Rahimah Hospital at about 10am on Monday.

Two officers from the Indonesian Embassy and Selangor executive councillor Dr Xavier Jayakumar were at the hospital on Monday to gather more information on the situation.

Mautik, who had a severe wound on her leg as well as bruises on her arms and face, was rescued by police from a house in Taman Sentosa on Oct 20.

She was found in the toilet of the house following a tip-off.

A married couple, believed to be her employers, have been arrested by police and remanded for further investigations.

Tengku Ampuan Rahimah Hospital director Dr Ghazali Hasni Md Hassan said the victim, who had suffered multiple injuries, was admitted to the ICU last Saturday.

She was unconscious and died without regaining conscious, he added.

Dr Ghazali said Mautik was treated by a group of medical specialists, including orthopedic and anesthetic specialists, and a surgical team.

She was due for surgery but was not fit yet, he said, adding that she had not responded to antibiotics and drugs.

She was also suffering from malnutrition and dehydration, he added.

District police chief Asst Comm Mohamad Mat Yusop said the case had been reclassified under Section 302 of the Penal Code for murder. It was initially investigated under Section 326 for voluntarily causing grievous hurt by dangerous weapons.

ACP Mohamad said a post-mortem would be carried out to determine the cause of death.

“We are looking for at least three more people to help us in our investigations,” he added.

It is learnt that police are looking for the male employer’s mother, who also stayed in the same house, the informer who found Mautik, and a former employer of Mautik.

A 29-year-old woman was arrested on the same day Mautik was found and her husband surrendered to the police the following day.

The woman would be remanded until Tuesday and the man until Wednesday.

Mautik is believed to have worked in the house for the past two months and was locked in the toilet for two days before she was discovered.

She did not have any valid travel documents when she was rescued.

Dr Xavier said the Selangor state government expressed its deepest condolences to Mautik’s family and was prepared to help if her family needed help in sending the body home or if family members wanted to come to Malaysia to claim the body. - Star, 26/10/2009, It's murder: Indonesian maid dies of alleged abuse

Stop practice of deducting worker wages to recover levy that employers of foreign workers must pay

Employers who want to employ foreign workers are required to pay a levy.According to the Malaysian government...

The rationale behind getting employers to bear the levy was to discourage them from employing foreigners.... - Bernama, - Star, 16/4/2009

But then the government gave special permission to some (not all) employers to deduct the wages of their migrant workers to recover the levy these employers paid to be allowed to employ the migrant worker. This was a great injustice.

If the government wanted to help some employers, then the government should have just not required these employers to pay the said levy. It is wrong to allow these employers to recover the monies expended by deducting worker's wages.

PETALING JAYA: The Malaysian Trades Union Congress (MTUC) has called on the Labour Department to prosecute employers who continue to deduct levy from salaries of their foreign workers.

According to MTUC vice-president A. Balasubramaniam hundreds of workers have been “cheated ” by errant employers who continue to deduct the levy from their salaries although they have renewed their work permits after April 1, the date from which the levy was to be entirely borne by employers.

Prior to this, employers were allowed to pay the levy up front and later make monthly deductions from their workers’ salaries.

Balasubramaniam said that last week, about 2,500 foreign workers at a glove-making factory in Klang staged a five hour “strike” in protest against the management’s deduction of the levy from their salaries.

Similar complaints were also received from various parts of the country, he said.

Labour Department director-general Datuk Ismail Abdul Rahim, meanwhile, said that his department was continuing to be vigilant and was conducting checks on all establishments to ensure that there were no illegal levy deductions.

He said that employers were allowed to continue making deductions for workers who were employed prior to April 1, but this was only until the expiry of the work permits.

For all renewals and new employees after April 1, the employers should pay for the levy, he added.

He advised workers whose levy was still being deducted after the renewal of their permits to report the matter to the labour office.

The levy, paid annually, varies from sector to sector, with RM1,200 per foreign worker for the manufacturing and construction sectors, RM1,800 for restaurant and RM360 for maids. – Bernama - Star, 26/10/2009, Prosecute errant employers, urges MTUC

Maid dies after being 'beaten, locked in toilet' in Malaysia - This must stop

Cut off from friends and society, and forced to remain 24 hours 7 days a week in the premises of the employer is one of the reasons why workers can suffer abuse...torture and even death. Some employers also prevent access to phones and other forms of communication.

The recent reported case of torture and death of a domestic worker calls for a serious look at working & living conditions, and also rights of these domestic workers.

The domestic worker is a human being....it is something that many employers tend to forget.

The domestic worker is a worker...not a slave...not a possession or property that one is free to do with as one pleases.

Who protects the rights of domestic workers? They do not have a UNION, or even some association of their own, Kept isolated in 'homes' of their employers, they are easy prey...

There must be changes in Malaysia...and rights of these workers must be acknowledged and respected...

What are the basic rights that all domestic migrant workers must have?

- The right to have one(1) rest day per week [During this 'rest day' they must be given full liberty to go out of their employer's homes...]

- The right to public holidays, annual leave, medical leave, maternity/paternity leave, compassionate leave just like any other workers.

- The right to healthcare and access to doctors/hospitals

- The right to proper living conditions in the homes of their employer. [There must be a law stating minimum standards of living conditions of domestic workers. This law must also take into account personal privacy.]

- The right to overtime rate of pay. The normal daily working hours of the domestic worker should not exceed a total of 8 hours per day. [Employers should be required to fix the times of work, which may not be continuous but should not exceed 8 hours. If the worker is required to work more than 8 hours, there must be the entitlement to overtime pay - but reasonably the maximum number of hours of work per day should never exceed 10 hours per day or 48 hours per week] If an employer needs a domestic worker 24 hours a day, then they should be allowed to employ more than 1 domestic worker.

AN Indonesian maid who was allegedly severely beaten by her Malaysian employers, and then bound and locked up in a toilet for two days, has died in hospital, police said.

A Malaysian market vendor and his wife have been arrested over the abuse of 36-year-old Mautik Hani from Surabaya, in the latest in a series of cases that have prompted Indonesia to temporarily ban sending domestic workers here.

The neighbours are negotiating a deal on salaries and conditions aimed at preventing mistreatment of maids, who currently have no legal safeguards on their working conditions.

"I can confirm that Mautik Hani has died in hospital," district police chief Mohamad Mat Yusop told AFP.

"We have to wait for the hospital's report on her cause of death before deciding on the next course of action regarding her employers. They are still being detained," he added.

Hani was rescued from her employers' home a week ago. She was found by another Indonesian cleaner hired to replace her who noticed a foul smell coming from a locked bathroom.

Police said that when she was found she was tied up around her arms and legs, and was bruised all over her body. Among her injuries were a serious wound to the right leg that exposed the bone.

Local papers reported Hani had been abused by her employers almost daily during the two months she worked at their home.

One of Asia's largest importers of labour, Malaysia depends heavily on domestic workers, mainly from Indonesia, but has been criticised for not passing legislation to govern their rights and conditions.

In May, the government announced plans for new laws to protect domestic workers from sexual harassment, non-payment of wages and poor working conditions.

Indonesian maids typically work seven days a week for as little as 400 ringgit ($122) a month. (AFP) - news.com.au, 26/10/2009, Maid dies after being 'beaten, locked in toilet'

Malaysiakini - Police: Abused Indonesian maid is dead
The Strait Times:- Abused maid dies in M'sia

There have been other cases of deaths of domestic workers in Malaysia

PETALING JAYA: An Indonesian maid known only as Kartini who was found dead this afternoon with bruises to the head is believed to have been a victim of abuse by her employer at a terrace house in Section 17.

Petaling Jaya police chief ACP Arjunaidi Mohamed said one of the employer's adult children contacted the Kuala Lumpur Hospital (HKL) at 2pm asking for emergency aid. However, due to the location HKL informed Universiti Malaya Medical Centre (PPUM) which sent an ambulance at 3.25pm.

"On arrival, the medical team found the maid, in her 20s, lying dead in the living room," he told Bernama. The team suspected foul play as there were bruises and injuries to the body and then contacted the police.

Arjunaidi said the Indonesian maid only started working at the house two months ago. The house was occupied by a 75 year-old man who has advanced cancer, his sick wife, a son in his 30s and a daughter in her 20s.

"Police have summoned the employer's two children to determine the real cause of the maid's death," he said.

The body was sent to PPUM for a post-morten while the case was investigated under Section 302 of Penal Code for murder.— BERNAMA, Malay Mail, 23/5/2009, Indonesian maid dies from alleged abuse in Section 17, PJ

Awarding Obama the Nobel Peace Price is a Joke

Noble Peace Price for the new US President, Obama...

This is a joke for besides being good at making beautiful sounding speeches, one wonders what really this man has done to deserve this award. It would have been alright if this award was given after, at the very least, his first term in office...that is if his actions have shown that he deserved it...

It is good that the US have decided to finally withdraw their troops from Iraq - but bad that they have decided to sent even more troops into Afghanistan. Bush had Iraq...and Obama Afghanistan - is there really any difference between the two...

Guantanamo Bay Detention Centre WILL be closed down - but what about that Bagra Detention Centre in Afghanistan, which is no different and maybe even worse than Guantanamo Bay. There is also rumours that Obama may backtrack on his decision to close Guantanamo Bay.

What about the continous, indiscriminate and extrajudicial killing of persons in Pakistan and Afghanistan using bombs deployed by un-manned US drones. See earlier posts :- Obama's un-manned drones kills at least 45 people attending a funeral service in Pakistan...,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?

Note that these killing of innocents have continued during the reign of Obama...and is still going on. The murder of the innocent in attempts to kill suspected terrosists is unacceptable.

What about Israel? What is there no investigation with regard to Israel's nuclear arms and nuclear enrichment facilities? Only Iran and North Korea are being targetted..

With the awarding of Obama a Nobel Peace Price ... I believe, that the award has just lost its value.

US President Barack Obama sensationally won the Nobel Peace Prize on Friday less than a year after he took office with the jury hailing his "extraordinary'' diplomatic efforts on the international stage.

"Extraordinary" Obama wins Nobel Peace Prize

"Only very rarely has a person to the same extent as Obama captured the world's attention and given its people hope for a better future,'' the Nobel jury said in making the stunning announcement.

It said the decision was unanimous.

The committee attached "special importance to Obama's vision and work for a world without nuclear weapons'' and said he had created "a new climate in international politics.''

Obama, 48, took office on January 20 and has since then sought to restore US standing in the world after widespread criticism over the war in Iraq and the world superpower's attitude to efforts to control global warming.

The first black American president has brought the Israeli and Palestinian leaders together for a meeting, approved new diplomatic engagement with Iran, Burma and North Korea and signalled a new willingness to attack growing environmental problems.

Obama went to Cairo to make a major speech on relations with the Muslim world, badly tarnished by President George W. Bush's order to invade Iraq. At the United Nations, he has launched an initiative to reduce the number of nuclear weapons in the world.

He was honoured "for his extraordinary efforts to strengthen international diplomacy and cooperation between peoples,'' the head of the Norwegian Nobel Committee Thorbjoern Jagland said.

Zimbabwe's prime minister Morgan Tsvangirai had been seen as the favourite ahead of the announcment but Jagland said the whole committee voted for Obama.

"We had no problem... It was a unanimous decision,'' he said.

The committee hailed his efforts at dialogue, highlighting their importance in resolving major issues of today, such as disarmament, the climate and human rights.

"Dialogue and negotiations are preferred as instruments for resolving even the most difficult international conflicts. The vision of a world free from nuclear arms has powerfully stimulated disarmament and arms control negotiations,'' it said.

"Thanks to Obama's initiative, the US is now playing a more constructive role in meeting the great climatic changes the world is confronting,'' it said, adding: "Democracy and human rights are to be strengthened.''

Speaking to AFP, Jagland said: "It was unavoidable to give the prize to the man who has improved the international climate and emphasised negotiations and dialogue.''

"Before he took office the situation was so dangerous. Step by step he has given the message to the world that he wants to negotiate on all conflicts, strengthen the United Nations and work for a world without any nuclear arms.''

Asked whether it was too early to give Obama the prize at a time when the US military is fighting in Afghanistan and Iraq _ Jagland replied: "If you look at the history of the Peace Prize, we have on many occasions given it to try to enhance what many personalities were trying to do.''

The 2008 Peace Prize winner Martti Ahtisaari, the former Finnish president and veteran troubleshooter in international conflicts, said the award should "encourage'' Obama's Middle East peace efforts.

"We do not yet have a peace in the Middle East... this time it it was very clear that they wanted to encourage Obama to move on these issues,'' Ahtisaari told CNN television.

"This is a clear encouragement to do something on this issue, I wish him good luck.''

Afghanistan's President Hamid Karzai said Obama was the "appropriate'' person to win the prize, while exiled Uighur leader Rebiya Kadeer said the honour would raise expectations for the US leader to stand up for human rights around the world.

Kadeer, who has been tipped as a laureate for her fight on behalf of the Chinese minority group, told AFP: "I am very happy that he got it. Now he has to do something with the award. It raises expectations on him to stand up for oppressed nations.''

Obama, who five years ago was a virtual political unknown, is the third US president in office to win the coveted award, after Theodore Roosevelt in 1906 and Woodrow Wilson in 1919. Former US president Jimmy Carter won the prize in 2002.

The gold medal, diploma and a cheque worth 10 million Swedish kronor (1.42 million dollars, 980,000 euros) will be presented in Oslo on December 10, the anniversary of the death in 1896 of the prize creator, Swedish industrialist Alfred Nobel. - Bangkok Post, 9/10/2009,Obama wins Nobel Peace Prize

Malaysian Trade Union Congress (MTUC) makes it 26 groups concerned about recent death of 6 Burmese in detention

Joint Statement - 25/9/2009

LEPTOSPIROSIS CAUSES DEATH OF ANOTHER 6 BURMESE IN DETENTION IN MALAYSIA

DENIAL OF HEALTHCARE IS A VIOLATION OF RIGHT TO LIFE

We are shocked and disappointed to hear that another six Burmese migrants have died while in detention in Malaysia because of a suspected waterborne disease. Leptospirosis is caused by exposure to water contaminated by animal urine, like rat urine. (Straits Times, 25/9/2009, Migrants die in detention/ Associated Press, 24/9/2009).

From our investigation, the names of 3 of those who have died are So Thein [Prison Body number 0853, Block B1, Ethnicity: Burman, Age: 36], Min Khaing [Body number 5009, Ethnicity: Karen, Age: 23] and Min Nown [Ethnicity: Arkan, Age: 28]. The other 3 are of Chin ethnicity. It seems that the deaths happened in August.

This time the deaths seem to have occurred at the Detention Centre at the KL International Airport (KLIA) depot. The Straits Times report states that an official had informed them that ‘…the detainees likely contracted the disease in another centre. They were transferred together with some 700 others after a riot there...’. In an earlier report (Star, 24/7/2009), it was stated that ‘…some 700 Myanmar illegal immigrants involved in a ruckus at the Semenyih immigration depot early this month have been moved to the department’s KL International Airport (KLIA) depot…’

It must be noted that this is not the first case of death by reason of Leptospirosis. Sa La Hin, 26, and Thang Hoih Ping, 21, two Burmese migrants, died in the Malaysia’s Juru Immigration Detention Centre from Leptospirosis in May 2009. 127 civil society groups and organizations responded vide a joint statement entitled ‘Death Of 2 Burmese Indicative Of State Of Detention Places In Malaysia - Denial Of Healthcare Is A Violation Of Right To Life’.

Complaints were also lodged with the Malaysia’s Human Rights Commission (SUHAKAM), Malaysian Prime Minister Dato' Sri Mohd Najib Bin Tun Haji Abdul Razak,, Minister of Home Affairs Datuk Seri Hishammuddin Tun Hussein, and the Minister of Health Dato' Sri Liow Tiong Lai,

After that Leptospirosis outbreak in the Juru Detention Centre in Penang in May, the Immigration Director-General Abdul Rahman assured us that the cleanliness and hygiene at immigration depots nationwide will be stepped-up to ensure safety of staff and inmates there against contracting infectious diseases (Bernama, 19/5/2009).

SUHAKAM also vide letter dated 16/7/2009 had informed us that they had met with the Director General of Immigration on 4/6/2009, and amongst others, had recommended that ‘… as a measure to control contagious diseases to ensure that all immigration detention centres should have a doctor or medical officer in line with international requirements, and that cleanliness of detention centres should be taken care of.’

It must also be borne in mind that last year SUHAKAM identified medical care as an overriding reason why 1,300 detainees have died over the past six years, and had made recommendations to the government. At present the 22 centres throughout Malaysia do not have a permanent clinical dispensary manned by doctors or a medical assistant to help detainees. (ABC News, 28/5/2009)

In May 2009, it was reported that about 26 were admitted to hospital following a Leptospirosis outbreak in the Juru Detention Centre, and they survived, and this leads us to believe that prompt access to healthcare can avoid death. It is shocking that in this recent case, 6 have died. What is more disturbing is that there seem to have been no reported disclosure by the Malaysian authorities on this. We still do not know the number of detainees that have been affected this time.

This is a disease caused by exposure to water contaminated with the urine of infected animals, and is very rarely propagated through contact with affected persons. Question must be raised as to how detainees in an enclosed detention centre are contracting this disease. Are they being affected through the food and water supplied by the detention centres? Are the detention centres having a rat infestation problem?

After the recent deaths and outbreak in the Juru Detention Centre, one would have expected the Malaysian government to have taken immediate steps to ensure that there are no more cases of Leptospirosis outbreak and deaths. We wonder also whether the authorities took a lackadaisical attitude, and did not even conduct a thorough investigation to determine the source of the contamination that caused that outbreak. Results of such investigations will not only determine liability, but would also ensure that further deaths from Leptospirosis could be avoided.

We, the undersigned, call on the Malaysian Human Rights Commission (SUHAKAM) to immediately commence a public inquiry into these deaths and detention places generally, and come up with concrete recommendations which could be implemented that will improve state of cleanliness, hygiene and healthcare of all detention places in Malaysia. It was sad that SUHAKAM decided not to carry out a public inquiry after the Juru deaths in May.

We are also call upon the Ministry of Health and the government of Malaysia to conduct a thorough investigation into the cause of this Leptospirosis outbreak, which is reported to have already resulted in 6 deaths.

We also call for the resignation of Immigration Director-General Abdul Rahman, considering that this is second reported case of deaths by reason of Leptospirosis at Immigration Detention Centres within the last 4 months.

The Malaysian government must take necessary action to ensure that proper steps be taken so that such disregard for life does not happen again.

With regard to those who have died, their family and/or dependents should be given adequate compensation by the persons responsible, the detaining authority and the Malaysian government.

Officers and persons responsible for the acts or omissions that resulted in death and suffering should be charged and prosecuted for these crimes. They should not be permitted to hide behind safeguards provided to public servants, which unfortunately only promotes culture of impunity with no sense of responsibility and respect for human life.

Charles Hector

Pranom Somwong

Tun Tun

For and on behalf of the 26 organizations/groups listed below:-

Asian Migrant Centre (AMC)

Burma Campaign, Malaysia

Clean Clothes Campaign -International Secretariat

Committee To Protect Vietnamese Workers, Australia

Coordination of Action Research on AIDS & Mobility (CARAM -Asia)

FIDH - International Federation for Human Rights

Khmer Kampuchea Krom Human Rights Organization (Cambodia)

Legal Support for Children and Women (LSCW) Cambodia

MADPET (Malaysians against Death Penalty and Torture)

Malaysian Trades Union Congress(MTUC)

MAP Foundation, Thailand

Mekong Migration Network (MMN)

Mekong Ecumenical Partnership Program-MEPP

Migrant Forum in Asia (MFA)

National League for Democracy [NLD (LA)], Malaysia

Network of Action for Migrants in Malaysia (NAMM)

Nepal Institute of Development Studies (NIDS) Nepal

Parti Rakyat Malaysia (PRM)

Persatuan Kesedaran Komuniti Selangor

Persatuan Masyarakat Malaysia & Wilayah Persekutuan (PERMAS)

Pusat Komas

The Shan Refugee Organization (SRO) Malaysia

Thai Action Committees for Democracy in Burma (TACDB)

The Action Network for Migrants (ANM) Thailand

WARBE Development Foundation, Bangladesh

Workers Hub for Change (WH4C)