Monday, June 02, 2014

Malaysians call on Thailand to end martial law and restore DEMOCRACY



JUNE 2, 2014

Gen. Prayuth Chan-Ocha

National Council for Peace and Order

Via

H.E. Mr. Krit Kraichitti
Ambassador
Royal Thai Embassy
206, Jalan Ampang, Kuala Lumpur,
50450, Kuala Lumpur, WP Kuala Lumpur,
Malaysia

RESTORE DEMOCRACY IN THAILAND: ILLEGITIMATE MILITARY JUNTA STEP DOWN IMMEDIATELY

We the undersigned civil society organizations, trade unions and democratic movements in Malaysia demand that the military rule in Thailand be immediately ended and democracy be restored. The political crisis in Thailand should be resolved in a democratic and peaceful manner where the people of Thailand will be able to participate in the fullest sense in determining the future of the country.   

We have seen that all experiences with military juntas all over the world have spelled the death of democracy. Military rule and repression is not the solution to resolve the current political impasse in Thailand, but rather to fuel it further, at the expense of all Thai people, especially the workers, farmers and other working people.  




Since the announcement of the martial law on 20 May and the military take over on 22 May, the constitution of Thailand has been suspended. This effectively gives the military unlimited powers to restrict human rights and fundamental freedoms guaranteed in the constitution and replace them with martial law provisions. Under the martial law, the military can prohibit any activity, censor the media, outlaw meetings and assemblies, search and seize any item, occupy areas, and detain people without charge for up to seven days. We are extremely concerned with the massive human rights violations that are taking place now and this certainly does not help to improve the political situation in Thailand.  

Press freedom has been severely undermined by the military regime with the soldiers taking over television and radio stations, censorship of print media and threats to close down social media. While this is not only preventing the Thai people to access information crucial on the political development in Thailand and to make an informed decision, it is also censoring information and news reporting that are critical of the military takeover and the monarchy that plays a pivotal role in  Thai politics.   

There have been mass arrests as well and these included wide sections of Thai civil society and political parties. Among those arrested are trade unionists, mass organization leaders, political party leaders from both the contending political parties, journalists, academics, ex-political prisoners and even the families of current political detainees, such as the wife and son of Somyot Phueksakasemsuk, who were convicted for lese majeste. As most of these detainees are held at undisclosed locations and have no access to their families and lawyers, this raises grave concerns on their well-being given that they are totally at the mercy of the military and the action of the military cannot be challenged under the martial law. We condemn these arbitrary arrests and the incommunicado detention.

Furthermore, all protest and peaceful assemblies have been banned and clamped down by the military, including those critical of the military coup. The Commander in Chief of the Royal Thai Army, General Prayuth Chan-ocha has warned that stricter action will be taken against those that continue to defy the military orders.     

In addition, the military junta has issued orders for lese majeste cases to be tried in a military court instead of civil court. Violation of the junta’s orders will also be tried in military court. This severely undermines the right to independent and fair trial of the Thai people, the independence of the judiciary and the rule of law.   

Such a wide net cast over the Thai peoples is clearly indicative of the military regime’s intention to silence all critics of the military coup and the monarchy. 



We reject the military junta’s justification that the coup is to restore peace and order. This is totally unacceptable and we as members of the international community and members of ASEAN demand the following:

1. Repeal the martial law immediately, and all soldiers should return to their barracks and the elected government should be restored.

2.  Reinstate the Constitution of Thailand and rights and fundamental freedoms of the people

3. Release all political detainees, including those held under the insidious lese-majeste law and stop the arrests of all political dissidents and people calling for democracy and justice.

4. Respect press freedom and allow the media to operate freely without harassment and censorship.

5 The two sides of the political divides in Thailand to return to political negotiations in order to find a solution to the political crisis.

6. ASEAN governments to urge the military regime to end the coup in Thailand.

7. Global civil society and trade unions to oppose the military regime and support the restoration of democracy in Thailand.

We stand in solidarity with all the people, inside and outside Thailand, who continue to stand and struggle for democracy in Thailand.

End Martial Law, Restore Democracy!

Endorsing organizations:
1. Malaysian Support Group for Democracy in Thailand
2. Persatuan Sahabat Wanita Selangor
3. Suara Rakyat Malaysia (SUARAM)
4. Damn the dams
5. Peoples Green Coalition
6. Persatuan Komuniti Prihatin Selangor & KL
7. Selangor and KL Chinese Assembly Hall Youth Section 
8. Knowledge and Rights with Young people through Safer Spaces (KRYSS)
9. Parti Sosialis Malaysia (PSM)
10. Dignity International
11. Asia Floor Wage Alliance
12. Pax Romana ICMICA
13. North South Initiative
14. Women’s Aid Organization (WAO)
15. Jaringan Orang Tertindas (JERIT)
16. Writer Alliance for Media Independence
17. Malaysians Against Death Penalty and Torture (MADPET)
18. Persatuan Kesedaran Komuniti Selangor (EMPOWER)
19. Saya Anak Bangsa Malaysia
20. Tenganita
21. Malaysia Youth & Students Democratic Movement (DEMA)
22. Civil Rights Committee of Selangor and Kuala Lumpur Chinese Assembly Hall
23. Malaysia Trade Union Congress (MTUC)
24. National Indian Action Team (NIAT)



Suaram: Thai military coup only fuels political crisis


Suara Rakyat Malaysia (Suaram) has admonished the military takeover of Thailand, saying it will not resolve the current political impasse, but rather, will ”fuel it further”.
The human rights watchdog was part of a protest in front of the Royal Thai embassy in Kuala Lumpur today, in which it submitted a memorandum urging the military junta to step down and restore democracy in the neighbouring country.
The memorandum, signed by Suaram along with 24 other civil society groups, trade unions and democratic movements in Malaysia, claimed that the suspension of constitution following the military coup d’etat on May 22 has led to a series of human rights violations.

“We have seen that all experiences with military juntas all over the world have spelled the death of democracy.

“Military rule and repression is not the solution to resolve the current political impasse in Thailand, but rather to fuel it further, at the expense of all Thai people, especially the workers, farmers and other working people,” read a copy of the memorandum sent to Malaysiakini.

The 25 organisations also expressed concern over the repression of the media in its coverage of the ongoing political crisis, saying this would prevent Thai people from accessing information crucial and from making informed decision.

Among others, the groups are urging an immediate repeal of martial law in the nation, for political detainees to be released, including those held under the “insidious lese-majeste law” and for the media to be allowed to operate freely.

The Women’s Aid Organisation (WAO), Marginalised People's Network (Jerit), Saya Anak Bangsa Malaysia, Tenaganita, and the Malaysian Trades Union Congress (MTUC) are among those that co-signed the memorandum.- Malaysiakini, 2/6/2014
 

M'sian NGOs demand for restoration of democracy in Thailand

KUALA LUMPUR: A coalition of 24 Malaysian NGOs gathered in front of the Royal Thai Embassy to submit a memorandum demanding for democracy restoration in the Siamese state.

The demands, among others, were to repeal the martial law immediately, to reinstate Thailand's constitution and to release all political detainees.

Suara Rakyat Malaysia (Suaram) executive director Yap Swee Seng said the coalition was very concerned over the political situation surrounding Thailand and it must be resolved in a more democratic way.

"Military rule won't resolve the problem. They will just sweep everything under the carpet. Citizens won't be able to voice out their problems," he said to reporters in front of the Thailand embassy.

"There should be freedom of expression to discuss problems faced by the country. A democratic process will ensure a more sustainable and long term political solution for Thailand," he added.

The memorandum was directed to Thailand's National Council for Peace and Order General Prayuth Chan-Ocha who led the recent military coup.

Yap, who led the coalition, condemned all acts of democratic oppression by the military junta as it denied the basic human rights.

"Military rule and repression is not the solution to resolve the current political impasse in Thailand," he said.

The memorandum was accepted by Minister Counsellor of Royal Thai Embassy Biyapak Sricharoen.

Biyapak said the Thai government is in the midst of resolving the internal conflict.

"A lot of people who have been arrested are being released and measures against news organisations and media has already been relaxed," he said.

"We will convey the message to Bangkok. This will be taken into consideration by the Thai government," he added.

Biyapak said the bilateral ties between both countries will not be severed by the change in government. - The Sun Daily, 2/6/2014, M'sian NGOs demand for restoration of democracy in Thailand
 
 

47 Groups :- WORKER AND TRADE UNION RIGHTS MUST BE PRIORITIZED FOR THE WELLBEING OF THE WORKER AND THEIR FAMILIES

Joint Statement– 2/6/2014


WORKER AND TRADE UNION RIGHTS MUST BE PRIORITIZED FOR THE  WELLBEING OF THE WORKER 
AND THEIR FAMILIES


We, the undersigned 47 civil society organizations, trade unions and concerned groups, make the following demands to better protect worker and trade union rights in Malaysia. It is sad when a government places the interest of businesses, investors and employers over the rights and welfare of workers and their families.


1.  STABLE REGULAR EMPLOYMENT UNTIL RETIREMENT AGE–ABOLISH PRECARIOUS SHORT-TERM EMPLOYMENT CONTRACTS


The right to permanent regular employment until retirement age is essential for the economic wellbeing and financial stability of the worker and their families. 


A short-term or fixed term employment contract is a form of precarious employment that must be abolished. It allows for the denial of the right of retirement at 60, maternity rights and benefits, increments of rights which comes with tenure, makes it near impossible for such workers to form, join or even serve as leaders in existing unions. Such short-term employment contracts, usually a year or less, with no right of extension even if the work still exist, weakens worker capacity to struggle for better worker rights, and certainly weakens unions or makes unionization impossible.  


We call for guarantee of the right to regular employment until retirement, and the abolition of short-term employment contracts and similar precarious employment practices.


2.    ABOLISH THE ‘CONTRACTOR FOR LABOUR SYSTEM’ – ENSURE DIRECT EMPLOYMENT RELATIONSHIP BETWEEN WORKER AND OWNER/OPERATOR OF WORKPLACES


Direct employment relationship with the owner/operator of the workplace known as the principal, is essential to ensure stable employment, noting that employers do have the obligation to ensure worker rights and welfare are best protected. A contractor for labour (COL) should never be employers, and their role, if any, is to supply workers to owner/operators of workplace or alternatively find workers work with employers who need workers, and for the service rendered they should be paid a fee. 


It is the owner/operator of workplaces, known as the principal, who should be having direct employment relationship with workers that work at their workplaces. This demand, amongst others, had been made vide the joint statement by 93 groups dated 3/5/2012 entitled, ‘Abolish the ‘Contractor for Labour’ system - Withdraw the 2012 amendments to Employment Act 1955’, and also vide the earlier statement by 115 groups on 28/10/2011 entitled,‘Malaysia Must Protect Worker and Union Rights, and withdraw proposed unjust amendments to Employment Act - Labour Suppliers Should Not Be Employers’. We also draw attention to the Malaysian Bar Resolution of 2012 expressing the same sentiment, which amongst others said ‘The Malaysian Bar takes the stand that labour suppliers and/or contractors of labour should never be or continue to be employers of workers after they are supplied, accepted and start working at the workplaces of principals or owners. Thereafter, these workers shall be employees of the principal or owners of the workplace.’ We also recall the MTUC initiated pickets and protests against the ‘contractor for labour system’.


3.          PREVENT OUTSOURCING OF WORK, ‘BREAKING UP OF EMPLOYER COMPANIES’ AND OTHER SUCH SCHEME WHICH EFFECTIVELY DESTROYS WORKER SOLIDARITY AND IS AN ACT OF UNION BUSTING.


To avoid trade unions and employer relationship, some employers are outsourcing parts of the work to third party contractors who then use their own employees to do the work. This happened in the plantation sector, and National Union of Plantation Workers(NUPW), which once was a strong union with many members, is today so much weakened even though the number of workers in the plantation sector has remained the same or even increased. Another example, is what happened to the banking sector when certain aspects of the banking industry work like phone and internet banking was outsourced to third parties. Outsourcing of work is yet another ‘union busting’ strategy, that weakens trade unions, and deprives union members of the benefits of existing Collective Bargaining Agreement.


Another method, is to break up one company into different smaller companies, something that Tenaga Nasional Berhad(TNB) is now considering. This has been strongly opposed by the 4 existing unions representing the many workers in TNB. The break-up action would result in weakening of existing strong unions, and possibly deprivation of existing members of benefits and rights they now enjoy through Collective Bargaining Agreements. When new companies are formed, workers who find themselves in these new entities would have to go through the long process of forming, then getting union recognition all over again, and entering into new CBA with their new employers, a process that can take years. We support the statement of the 4 Trade Unions of TNB workers, being Persatuan Eksekutif Tenaga Nasional Berhad (PETNB), Kesatuan Percantuman Pekerja-Pekerja TNB (KPPPTNB), Tenaga Nasional Junior Officers Union (TNBJOU) and Persatuan Unit Keselamatan TNB (PERUNIKA) dated 14/11/2013 opposing the proposal to break up TNB. 


4    STOP THE TERMINATION AND PERSECUTION OF UNION AND WORKER LEADERS FOR ACTIVITIES TO ADVANCE WORKER RIGHTS AND HIGHLIGHT INJUSTICES.


When the president of the National Union of Flight Attendants Malaysia (NUFAM) issued a statement as Union President highlighting also some of the pending issues yet to be dealt by Malaysian Airlines (MAS), he was terminated by reason of issuing a statement as an employee. 53 organisations issued a statement on 3/3/2014 entitled, ‘Malaysian Airlines Must Respect Trade Union and Worker Rights -Cease Anti-Union activities against NUFAM and its members’, and we also refer to the earlier statement by 43 groups on 3/12/2013, entitled, ‘MAS Must Immediately Revoke Suspension of Union President Ismail Nasaruddin Worker Right Issue Should Be Resolved By Negotiations Not ‘Union Busting’. 


Likewise, 18 workers were terminated by DRB HICOM for handing over a Malaysian Trade Union Congress(MTUC) memorandum to candidates contesting in the last General Election, where the object of MTUC was to get commitment from incoming parliamentarians with regard to worker rights. We reiterate the statement by 51 groups issued on 25/6/2013 entitled, “DRB HICOM Must Respect The Citizens’ Right To Participate In The Democratic Process In Malaysia– Stop disciplinary action against workers for exercising their political rights.


Many other trade union leaders have been terminated for highlighting injustices affecting workers, amongst others Abdul  Jamil Lalaludeen and Chen KaFatt who were, respectively, the Vice-President and the Honorary Treasurer of the National Union of Bank Employees (NUBE); Hata Wahari, the President of the National Union of Journalists; Ismail Nasaruddin, the President of NUFAM; and Wan Noorulazhar , the President of the Electronic Industry Employees Union Western Region, Peninsular Malaysia (EIEUWR). We recall the Joint Statement by 87 groups dated 4/4/2013, ‘RENESAS Must Immediately Accord Recognition To The Union And Reinstate Wan Noorulazhar.’


We call for the end of termination, discrimination against and other forms of persecution against unionist and worker leaders, all of which could be rightly perceived as union busting by bad employers, which can be perceived as being condoned by Malaysian government.


We call for a repeal of the law that now allows employers to terminate of unionist by simply treating it as an employee misconduct. For example, NUFAM’s president was terminated because MAS said that the act of an employee issuing a media statement was a misconduct.


5.    RIGHT TO A DOMESTIC INQUIRY BEFORE BEING TERMINATED


Ismail Nasarudin and 4 other from NUFAM were recently terminated without even a Domestic Inquiry. In the spirit of industrial harmony and justice, when an employer alleges a misconduct, natural justice demands that workers be accorded the right to be heard and right to defend against the allegation in front an independent panel. 


In the case of the 18, who have been terminated by DRB HICOM subsidiaries, they had a Domestic Inquiry but were denied the right to be represented by a representative of their National Union. They were only allowed to be represented by a worker from their own workplace.


Noting that the majority of workers are not even unionized, it is essential that in the interest of justice, all workers shall have the right to domestic inquiry, and this should be provided for in law. There must also be the right accorded to the affected worker to be represented by a lawyer, unionist or worker of their choice.


6.    MISCONDUCT NEED TO BE STATUTORILY DEFINED


Employers have been arbitrarily increasing the number of misconducts, many of which are vague and some even undermine fundamental rights of workers, or their unions, including the right of workers to highlight injustices, fight for better rights or even make representations to the relevant authorities to complain about violation of rights. 


In the case of the DRB HICOM, one of the alleged misconduct was the‘bringing about or trying to bring about any form of influence or outside pressure to submit or support any external claim that is related to service be it an individual claim or claims of other employees’. Now, how can this be a misconduct when it really is what workers and unions do – that is highlight and campaign for support and hence ‘exertion of pressure’, etc… on employers, which by the way is also the object of any worker pickets. It is absurd when this very right is made into misconduct. 51 Groups issued a statement on25/6/2013, ‘DRB HICOM Must Respect The Citizens’ Right To Participate In The Democratic Process In Malaysia– Stop disciplinary action against workers for exercising their political rights.’ Now, workers in MAS are facing disciplinary actions for bringing their grievances to the Ministry in Putrajaya. 


Worker misconduct should never attempt to diminish worker rights, freedom of expression, rights as citizens and other human rights.Like criminal offences, misconducts must be clearly stipulated including also the penalties that could be imposed by employer in the event the misconduct is proven or admitted. 


For the protection of workers, there must be laws that defining employment misconducts, limiting it to matters at the workplace or reasonably related, but never to prevent worker organizing, union building and union activities. Attempts of employers to control the personal life, freedoms and human rights of workers especially outside working hours should never be permitted.


7.     WHEN A WORKER TERMINATION HAS BEEN DETERMINED AS BEING WITHOUT JUST CAUSE, THE RIGHT TO BE REINSTATED WITHOUT LOSS OF BENEFITS MUST BE GUARANTEED.


When a worker is wrongfully dismissed, justice is sought by a worker seeking reinstatement by lodging a complaint which ultimately goes to the Industrial Court who decides whether it wasa wrongful dismissal or not. If wrongfully dismissed, the employer shouldjustly be ordered to reinstate the worker without loss of benefits.Alternatively, the worker should be able to claim compensation in lieu of reinstatement. 


In Malaysia, the choice between reinstatement and compensation is taken away from the worker, and placed in the courts which now generally do not order reinstatement. In 2007, a new Scheduled 2 was added to the Industrial Relations Act 1977, which unjustly now not just limits the quantum of compensation in lieu of reinstatement to not more than 24 months, and for probationers not more than 12 months but also provides further deductions. This, rather than deter employers from wrongfully dismissing workers now emboldens them to use ‘wrongful dismissal’ as a means to get rid of worker and/or union leaders. This anti-worker Schedule 2 must be repealed, and the choice of accepting reinstatement or compensation must be restored to the aggrieved worker.


8    PROBATION AND OTHER RIGHTS SHOULD BE PROTECTED BY THE LAW FOR ALL WORKERS


More than 92% of workers in Malaysia are not unionized, and as such they do not have the mechanism of a Collective Bargaining Agreement, that may allow the recognition of basic worker rights now absent from labour legislations to be enjoyed. Probation is one such right, which reasonably for a regular employee, should never be more than three(3) months, being more than sufficient time for any employer to assess the suitability of a worker to be considered and confirmed as a permanent employee until retirement. 


Now, many employers abuse this gap in the law, and keep workers as probationers for very long periods sometimes even years, and this is because a worker on probation has far less worker rights compared to a confirmed regular employee. The law must now fix the maximum length of probation, and include a deeming provision that after three(3) months, an employee shall be deemed to be a confirmed employee. 


9.  EXPEDITE TRADE UNION REGISTRATION AND RECOGNITION


While time limits and consequences for failure to do something are there in the law for acts to be done by workers and their unions, there is absence of similar provisions when it comes to employers. The recognition of the trade union in the case of RENESAS took about 4 years. In this case, there were times that employer RENESAS failed to comply with explicit instructions by the Ministry or was delay complying with the law, and this was possible when the law provides no time limits or the consequence of an employer failing to do something – this allows employers to so easily delay and even ignore workers and trade union rights. 


Recognition of trade unions, a condition that needs to be satisfied in Malaysia before employers and trade unions are allowed to enter into Collective Bargaining Agreement, must be expedited and dealt with speedily, preferably taking no longer than three(3) months. The outcome of the ‘secret ballot’ must just be based just on the number of votes cast, whereas now it unjustly considers those who should have but did not manage to cast their votes as being votes against the union.


The right to Judicial Review is acknowledged, but when employers resort to using it to delay recognition of trade unions, it is essential that such proceedings in courts are proceeded with speedily to prevent denial and delaying worker and trade union rights. It is shameful how some employers are willing to do whatever to deny workers their rights, Malaysian Airlines(MAS), for example, is embarrassingly challenging the Minister’s decision to accord recognition of NUFAM after the secret ballot conducted clearly showed that 62.73% flight attendants in MAS wanted NUFAM as the union representing them.In the case of RENESAS, union recognition was delayed for a year or more by reason of Judicial Review and appeals initiated by the employer. As a matter of policy, such judicial review and appeals should be speedily disposed as delays affects worker rights, and these court actions should never be allowed to delay union recognition process, or the execution of Collective Bargaining Agreements. 


10.  TRADE DISPUTES MUST BE RESOLVED EXPEDITIOUSLY AND STATUS QUO PENDING RESOLUTION MUST BE MAINTAINED


History shows that it is strikes and industrial actions that have been most effective means available to workers and their unions in resolving disputes with employers and claiming rights, but Malaysia has interfered with this option to the detriment of workers and unions, and have adopted a preference of dealing with trade disputes vide negotiation and arbitration, and as such this process must be done speedily, and workers and unionist must be effectively protected from termination and discrimination by employers, more so pending resolution of trade disputes or complaints.


The majority of the trade disputes are initiated by workers and unions, who many a time have to suffer termination, discrimination or violation of rights whilst employers continue their business operation as usual, and as such justice demands that trade disputes be resolved speedily, not longer than 30 days, and that any workers who have been terminated pursuant to the filing of or related to a trade dispute should continuously be paid normal wages until the said dispute is resolved. Employers should be barred from terminating workers or unionists who have lodged trade disputes and/or complaints until the matter is resolved.


11.    MIGRANT WORKERS SHOULD NOT BE DISCRIMINATED


Equal pay for equal work is just. It is wrong for migrant workers to be discriminated against with regards the right to minimum wages, as an example, where the government is suggesting the making of migrant workers to now pay levy, which was a payment imposed on employers to deter employers from employing migrant workers over local workers. 82 groups issued a statement on 8/2/2013, ‘Minimum Wages For All Workers, Including Migrant Workers - No to Wage Deduction to recover Levy Payable By Employers –‘


12.   THE UNILATERAL GIVING OF EXEMPTION GRANTED TO EMPLOYERS TO EVADE RIGHTS PROVIDED BY LAW MUST STOP


The law provide for worker rights, but many a time there are provisions that allow the Minister to provide exemption to certain employers. For example, the maximum 8 hour working day or 48 hours working week,can also be avoided if the employer gets an exemption. The exemptions are granted without the prior knowledge of, let alone being accorded the right to be heard to, the affected workers and/or their unions. There is the possibility to challenge the exemptions within a limited time frame, but workers, especially those without trade unions, just do not have the capacity to challenge such decisions. Justly, the right to be heard and contest application for exemption must be granted to the worker or their union, before the decision.In fact, employers should never be granted exemptions, that will deny workers their worker or trade union rights.


13.   MINIMUM WAGES MUST BE SUFFICIENT TO SUSTAIN A DECENT LIVELIHOOD


All workers in Malaysia are supposed to be receiving minimum wages as of 1 January 2014 but alas the quantum of minimum wages fixed in 2012 at RM900 for Peninsular Malaysia, and RM800 for Sabah and Sarawak is no longer sufficient to ensure a decent livelihood for the worker and his family given the large increases in the cost of living. While for public sector workers get also Cost of Living Allowances(COLA), the majority of the workers are in the private sector do not get COLA. Using also the fact that the Malaysian government has declared that households earning less than RM3,000-00 are in need of financial assistance, it is only logical that minimum wages be increased for all workers to at least RM1,500



COLA should also be made a legal right for worker, especially for the lower income worker. Minimum wage rates should also be reviewed at least every 6 months, taking into account the speedily increasing cost of living and the monies required to ensure a decent livelihood for the worker and the family.



14.  THE RIGHT TO UNEMPLOYMENT BENEFITS



In this day and age when employment is precarious, there is a need for the government to put in place unemployment benefits to assist workers temporarily out of a job and their families. Even if out of job, and deprived of an income, regular payments for rental, basic amenities, car and house loans, children’s education, etc is required of the unemployed worker. Without financial assistance in the form of an unemployment benefit, the lives of the unemployed worker and their families will be seriously affected. This safety net for workers is something that is available in many countries, including also neighboring Thailand.



15.    NON-DISCRIMINATION BASED ON GENDER



While our Federal Constitution guarantees equality, courts have found that the obligation not to discriminate workers based on gender is only on the government and statutory bodies – not on private sector employers. This goes against the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) which Malaysia has ratified. The laws must be amended to ensure that all employers do not discriminate workers based on gender or any other forms of discrimination.



16.     OCCUPATIONAL SAFETY AND HEALTH AT THE WORKPLACE


The Department of Occupational Safety and Health (DOSH) recorded 1,248 workplace accidents in 10 sectors in the first five months of 2013, which resulted in 68 worker deaths, 81 permanent disabilities and 1,099 injuries not resulting in permanent disabilities.


In 2010, a total of 1426 cases of occupational disease and poisoning have been reported to the Occupational Health Division as compared with 791 cases reported in the previous year, whereby only about half were successfully investigated. Amongst the diseases reported were noise induced hearing loss (NIHL), occupational skin diseases and occupational lung diseases. There is still a general low awareness about occupational diseases, more so when it becomes evident long after the worker has left the workplace – hence an under-reporting of occupational diseases occurs. For migrant workers who have returned to country of origin, there yet no effective mechanism of complaint or access to justice when it comes to occupational disease.


Malaysia must increase awareness of workers about occupational disease, and be committed to active enforcement to ensure occupational safety and health at the workplace. Hospitals and medical practitioners should also inform workers with diseases or medical conditions that could have been related to their workplace of this fact, and of where they can lodge complaints and access justice.


Noting that many employers also provide workers accommodation, there must be law stipulating the minimum standards of worker housing that would protect the health and safety of workers. Migrant workers who came into Malaysia with a clean bill of health have been subsequently sent back by reason of diseases like tuberculosis(TB) that could have most likely been contracted by reason of cramped worker housing or workplace, and as such the list of occupational disease need to be reviewed to include also diseases that could have been contracted by reason worker working or even poor worker housing conditions.


17.    WORKER RIGHTS IN LAW FOR ALL WORKERS


Noting that in Malaysia, most workers are ignorant of worker and trade union rights, a fact brought about also by reason that worker and trade union rights are not taught in schools or colleges, it is thus necessary that minimum worker rights are provided for and protected by law.The laws that provide for minimum worker rights should ensure that these rights are enjoyed by all workers, not just workers earning RM2,000 and below or just certain classes of workers. Domestic workers, like all other workers, should also have the right to enjoy all minimum worker rights provided for by law. 


18.    DO NOT SIGN AGREEMENTS THAT WILL ERODE OR STAGNATE WORKER RIGHTS


Malaysia signs or will still sign Free Trade Agreements and other Treaties, like the Trans-Pacific Partnership Agreement (TPPA) without being open and transparent of the contents of the said agreements, and without consultation with the people. Some of these agreements, it is now known, contain clauses that will in effect not just erode but also stagnate worker rights. One such clause is the Investor Protection Clause, which protects investors allowing them to sue governments if the government does anything in the future which would mean employers having to expend more money, or do things that may affect the businesses profits. As such, if and when Malaysia in the future decides to improve matters like worker rights, worker safety, public health and environmental protection, requiring businesses to thus expend monies which will impact profits, Malaysia risk being sued and this may deter Malaysia from improving rights and working conditions of workers in Malaysia.



It must be noted that in no way is the above a comprehensive listing all demands or issues that affect worker and trade union rights, but it is a listing of some of the fundamental issues and calls that must be acted on, and not be allowed to swept aside with the lapse of time, control of the media and other means.


The obligation to recognize and protect worker and trade union rights is not just on the Malaysian government, but also on business, corporations, employers, countries from where persons who own or control businesses come from, countries from where the workers come from, consumers of products and services provided, other businesses that have a link with an employer by being within the supply chain or otherwise, and generally everyone in our global community. It is an unacceptable attitude to say it is alright to compromise on worker rights and standards as available in one’s country or even businesses, for so long as one complies with the Malaysian law.



Ruggie’s"Guiding Principles on Business and Human Rights: Implementing the United Nations 'Protect, Respect and Remedy' Framework", is just but one of the standards and guidelines, that should be adopted and followed by both governments, businesses and employers. It is not just sufficient to ratify or sign United Nations(UN) or International LabourOrganisation(ILO) Conventions and Instruments but not do the needful to put into effect these commitments in Malaysia.



We call on the Malaysian government to immediately act to ensure that all the above demands are given effect to ensure justice for workers and trade unions in Malaysia. The rights and welfare of workers and their families must be a priority of any government, and this also include creating protection mechanisms like unemployment benefits when workers are out of work.



We call for the immediate reinstatement of all union and worker leaders including Abdul Jamil Lalaludeen and Chen Ka Fatt from NUBE, Ismail Nasaruddin from NUFAM, Wan Noorulazharfrom EIUWR, and RusainiMamat from NUTEAW.



We also call for Malaysia to immediately ratify ILO Conventions 87, Freedom of Association and Protection of the Right to Organise and Convention, and other important worker conventions. We also call for Malaysia to give full effect to the ILO and UN Conventions that it has ratified including also ILO Convention 98, Right to Collective Bargaining.



Senator Syed Shahir bin Syed Mohamud

Charles Hector

Mohd Roszeli bin Majid

Pranom Somwong



For and on behalf the 47 organisations listed below

Endorsements:-

ALIRAN
Asia Pacific Forum on Women , Law and Development ( APWLD)
Asian Muslim Action Network (AMAN) Indonesia
Center for Orang Asli Concerns (COAC)
Clean Clothes Campaign
Club Employees Union Peninsular Malaysia
CWI Malaysia (Committee For A Workers International Malaysia)
Community Action Network(CAN)
Damn the Dams
Dignity International
Food Not Bombs-Kuala Lumpur
GoodElectronics Network
Human Rights Ambassador for Salem-News.com , UK 
Jaringan Rakyat Tertindas (JERIT)
Kesatuan Eksekutif AIROD (KEA), Malaysia
Kesatuan Eksekutif Canon Opto
Kesatuan Pekerja-Pekerja Polyplastics Asia Pacific (KPPAP)
Knowledge and Rights with Young people through Safer Spaces (KRYSS)
MADPET(Malaysians Against Death Penalty and Torture)
MAP Foundation  Thailand
National Union of Flight Attendants Malaysia (NUFAM)
National Union of Hotel, Bar and Restaurant Workers (NUHBRW), Malaysia
Network of Action for Migrants in Malaysia(NAMM)
Paper Products Manufacturing Employees’ Union of Malaysia (PPMEU)
Parti Rakyat Malaysia(PRM)
Parti Sosialis Malaysia(PSM)
Pax Romana –ICMICA
Peoples ' Green Coalition,
Pergerakan Indonesia
Persatuan Komuniti Prihatin Selangor dan KL (PRIHATIN)
Persatuan Sahabat Wanita Selangor
PINAY, Quebec, Canada
Pusat Komas
Radanar Ayar Rural Development Association
Sahabat Rakyat Working Committee
SALT (School of Acting Justly Loving Tenderly and Walking Humbly)
Saya Anak Bangsa Malaysia (SABM)
Seksualiti Merdeka
Suara Rakyat Malaysia (SUARAM)
Tenaga Nasional Junior Officers Union (TNBJOU)
Tenaganita
Think Centre, Singapore
WH4C (Workers Hub For Change)
Workers Assistance Center, Inc. Philippines
Yayasan LINTAS NUSA - Batam – Indonesia
Youth Section of The KL & Selangor Chinese Assembly Hall (Pemuda KLSCAH)
Bread for All, UK


Would Dyana fight to ensure regular employment until retirement ...abolish 'contractor for labour system'?...People want real COMMITMENTS no more just criticism of BN

Malaysians are smarter now .... and they really now want to know what are the real changes that the Opposition will bring - They want people with clear stands .... not 'lallangs' that sway to perceived popular sentiments...

Will the Pakatan Rakyat ensure that workers will get regular employment until retirement - i.e. that the usage of PRECARIOUS short or fixed term employment contract will be abolished, or at least severely restricted? Well, Pakatan Rakyat (DAP, PAS and PKR) have given no commitment about this...

Will the Pakatan Rakyat abolish the 'contractor for labour system' - and ensure DIRECT EMPLOYMENT RELATIONSHIP with the owner/operator(the principal) of the workplace? Well, Pakatan Rakyat (DAP, PAS and PKR) have given no commitment about this... 

Will Pakatan Rakyat ensure that HEART health care (now handled by IJN - no more the government hospital), which cost tens of thousands of dollars for a by-pass, etc - which really has become unaffordable to most Malaysians be changed to ensure that ALL Malaysians would have access to such heart health care at no charges or at most about RM1,000? Well, Pakatan Rakyat (DAP, PAS and PKR) have given no commitment about this...

Will Pakatan Rakyat have LOCAL COUNCIL ELECTIONS ... and even elections at the smallest community level - the kampungs, the kampung barus, the tamans, the kampung orang asli,.... so people will have the right to freely choose their own leaders at all levels democratically - NO More government chosen and appointed leaders but people-chosen leaders....Well, Pakatan Rakyat (DAP, PAS and PKR) have given no commitment about this... 

Now that Pakatan Rakyat rules THREE(3) States, people are looking hard to see if there is any difference with the BN rule .... and many cannot see any difference ...so, the question is 'What alternatives?'...'What differences?' - a reduction of 'corruption' and greater savings is not enough? How many of the PR MPs/ADUNs/Senators/Party leaders/Cronys... have been placed in positions where they can make 'much monies' - Why do Directors of state owned corporations being paid so much RM as Director's fees and allowances, when really should not full time 'peoples' rep' not be making 'additional monies' other than what they receives as MPs, ADUNs and Senators? Only Dr Kumar Devaraj has disclosed his accounts...why do the other PR reps do the same - People will think that they do not want to do this because they are 'profiting' in wrong ways ...Why are elected 'wakil rakyat' not being transparent? PSM man once again sole MP to declare wealth

PR 'peoples' reps' also are ABSENT from Parliament...Not transparent about the questions that they ask in Parliament, or the answers that they receive from the government - looks like they get answers and do not share with the people (unacceptable for it is so easy to put it on Blogs, websites, etc... )... and guess what, many do not even have Blogs and websites that they can share with the public. -  So, why should we vote for a PR candidate - in Thailand, the people always have a column in their ballot paper saying 'NO VOTE' - the ability to vote if they choose that they do not want to vote for any of the candidates standing....

See also :- MPs and ADUNs should be FULL TIME peoples' representative ...


Jun 1, 2014

In Dyana’s loss, Pakatan must look hard at itself

COMMENT As expected, the Teluk Intan by-elections was a very closely fought affair. In the end, the turnout of 67 percent was not sufficient for the DAP to maintain this seat, losing by a razor thin majority of 238 votes.

In fact, before the results of the last polling station was returned to the DAP operations centre, our candidate, Dyana Sofya Mohd Daud, was still ahead by 25 votes.

Unfortunately, the last polling station, Sungai Bugis, also happened to be an Umno stronghold which we lost by a majority of 238 votes.

It was always going to be a bold and risky strategy on the part of the DAP to field Dyana as a young, female Malay candidate. I had highlighted these risks earlier when I wrote about why Dyana should be considered as the underdog in this contest.

In this earlier statement, I outlined two possible scenarios – one more positive, and one where DAP would win or lose this seat. Unfortunately, the more negative scenario came to pass.

The Chinese support for DAP decreased by 15 percent from 85 percent in GE2013 to 70 percent in this by-election which was the most pessimistic projection.

This was somewhat surprising given the positive response that the campaign was receiving from the Chinese voters including the mammoth ceramah on the final day of the campaign.

The Indian support for DAP decreased by 10 percent from 62 percent in GE2013 to 52 percent in this by-election, again the most pessimistic projection.

Silver lining
 
If there was a silver lining to this campaign, it would be the slight increase in Malay support of three percent from 25 percent in GE2013 to 28 percent in this by-election.

In six Malay majority polling stations, the DAP experienced small increases in the overall support ranging from 0.7 percent to 3.4 percent, an encouraging sign given that we were not expecting the Malay support to increase.

In analysing and interpreting these by-election results, care needs to be taken to separate the short term and more local factors at play in this by-election versus the more national and longer term issues.

At the local level, the race and place of birth of both candidates, the promise of a ministerial position for the BN candidate if elected, the fact that this by-election will not have any impact on the overall balance of politics at the national level, the usual pouring in of goodies by the BN and promises for more development that happens during a by-election, and the relative lack of interest in this contest that led to a lower turnout rate, were all contributory factors to the DAP’s defeat.

These factors may not have as big of an impact at the national level in the context of a general election.

At the national level, the possible impact of the hudud issue especially among the Chinese community, the lack of resonance of the Hindraf and Hindraf-related issues such as the resignation of P Waythamoorthy (left) as deputy minister and the appeal of Pakatan Rakyat in other similar constituencies - ethnically mixed, semi-urban with many developmental needs and relatively poor internet access - are all issues which need to be pondered over by the Pakatan national leadership.

Some specific questions which need to be raised include the following:

Firstly, will turnout in the next general election be as high as GE2013 especially if voters are turned off by the problems affecting Pakatan such as the disagreement over hudud, problems in party elections, leadership issues within Pakatan in the state of Selangor, the Allah and the Malay bible issue, just to name a few?

There is no guarantee that these problems will not escalate leading up to the next general election and if so, many voters may choose not to come back to vote.

The lower turnout which partly caused DAP to lose Teluk Intan may be replicated in many other such seats.

Secondly, will Pakatan be able to develop a convincing message to other constituencies like Teluk Intan which are semi-urban and are more likely to be convinced by promises of development rather than messages to combat corruption and to get rid of race based politics in this country?

These are seats where Pakatan are either vulnerable incumbents e.g. Beruas, Bakri, Raub, Bukit Gantang, Kluang, Kuala Kedah, just to name a few or where BN are vulnerable incumbents e.g. Bentong, Cameron Highlands, Labis, Bagan Serai, just to name a few.

Rethinking strategy

A different and complementary strategy to what Pakatan has been doing at the national level may be needed in order for Pakatan to defend and win these kinds of seats.

Thirdly, will Pakatan be able to capitalise on its image as a coalition that is more appealing and attractive to the younger generation and therefore younger voters?

There is no question that Pakatan has more appealing and credible younger parliamentarians compared to the BN. But the youth vote is fickle and can easily swing to BN.

The challenge for Pakatan is to provide the necessary platform for young leaders, especially young Malay leaders, to present creative ideas and credible policies to convince the younger voters that they are better placed than BN to lead the country into the future.

We saw a glimpse of this in Dyana’s campaign in Teluk Intan. The amount of excitement and interest which she generated at the national level especially among young Malays was, dare I say, unprecedented.

Because of Dyana’s candidacy, UiTM students were talking about the DAP and not necessarily in a negative manner! A Malaysian student in Oxford wrote about why younger Malays are abandoning Umno, using Dyana as an example.

Marina Mahathir (right) praised Dyana for being able to think and write for herself.

At the local level, Dyana received a tremendous reception from among kids and also young people whereever she went.

While most of them were not voters, they will be voters in the near future and young leaders such as Dyana are much better positioned to win them over.

The battle for Teluk Intan may have been lost by the DAP but by attempting this move to break down racial and gender barriers, new ground has been paved.

I am confident that after this by-election, more young Malays would look at DAP as a possible avenue for political activism. I am confident that more young people would support Pakatan’s cause to move away from race-based politics. Pakatan’s challenge is to lead the way forward and not look back.


ONG KIAN MING is the MP for Serdang.- Malaysiakini