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..

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...

" 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

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

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...

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

Domestic Workers - time to end discrimination based on nationality...

When we talk about the domestic worker and the one rest day per week - some wrongly believe that this is a response to the 'maid abuse cases' - it is not...

It is all about worker rights .... for these 'maids' are also workers, and it is really odd that they do not have this right to a rest day per week, which every other worker has. [In fact, in Malaysia, most workers have 2 days off per week - maybe domestic workers should also be getting 2 days off per week - same as all other workers in Malaysia..]

DISCRIMINATION based on nationalities should also end.

Migrant workers doing the same work are many a times paid different wages - and this is unjust - it is discrimination.

Why does this happen? Because wages many a time depend on agreements or Memorandum of Understandings(MOU) signed between the sending country and Malaysia (the receiving country)

For the same work - workers should be paid the same...

Wages could differ by reason of:-
a) Number of years of experience (i.e. a domestic worker with 5 years experience should be paid more than a worker of 1 year experience)
b) Skill & Capabilities - A domestic worker who can cook is paid more than one that cannot cook, etc..[Or a worker with the ability to speak/read 2 languages is paid more than one who can only speak 1 language]
c) Paper/Education qualification - a worker who has a diploma is paid more than one with primary school education only..

BUT, workers should not be paid less than another worker just because of the worker's nationality..

End this discrimination

MAIDS: No problems in Hong Kong with off day (NST)

In Hong Kong, domestic workers get TWO(2) days off plus holiday entitlement to go home... interesting.

And, here we do not want to give even 1-day off per week....shame on you Malaysians...

A letter from NST:-

AS a visitor to Penang, I am shocked to read some of the comments and reactions to the plan to give Indonesian maids a day off each week.

Firstly, how many employers of maids work seven days a week all year round?

If you only work five or six days a week yourself, you should extend the same courtesy to those who work for you.

Secondly, how can you say that if they have a day off, they should be prevented from leaving their employer's home, as suggested by B.T. of Manjung ("Day off is good for them" -- NST, July 3)?

The idea that they will run off or become pregnant only demonstrates the conditions they are being forced to work in.

In Hong Kong, where I live, we have maids from the Philippines, Indonesia and Thailand.

They all get one or two days off a week, plus holiday entitlement to go home.

None of the maids that I or my friends have used has ever run away or become pregnant.

At the end of the day, maids are people, too. If we treat them with some respect, knowing they are part of our household, then the trust will be returned. You may even come to regard them as part of your extended family, just as we do. - New Straits Times, 6/7/2009, MAIDS: No problems in Hong Kong with off day