Wednesday, December 16, 2009

RELA, Malaysia's International Embarassment is not being abolished but the Government is out looking for jobs for RELA members.

There has been repeated calls for the abolition of RELA (Ikatan Relawan Rakyat), and one of the most recent call was made by 127 organisations, both  in Malaysia and internationally, in May 2009 where, amongst others, they had this to say..

"..We reiterate the call for the abolition of RELA, and restate our position that law enforcement, and management of detention places should be done by professionally trained full-time public servants, not volunteers....".-Action for Health Initiatives (ACHIEVE), Inc, Philippines, Action Network for Migrants (ANM), Thailand, All Women's Action Society (AWAM), Malaysia, Alternative ASEAN Network on Burma, Asia Pacific Forum on Women Law and Development (APWLD), Asia Pacific Mission for Migrants (APMM), Hong Kong, Asia-Pacific Solidarity Coalition (APSOC), Asia Pacific Workers Solidarity Link (APWSL), Korea, Asian Forum for Human Rights and Development (FORUM-ASIA), Asian Migrants' Coordinating Body - Hong Kong (AMCB-HK), Assistance Association for Political Prisoners ( Burma )-AAPP, Association of Indonesian Migrant Workers (Asosiasi Tenaga Kerja Indonesia ), Bahrain Center for Human Rights, Bar Council Human Rights Committee , Malaysia, Bar Council's Legal Aid Centre , Malaysia, BAYAN USA, Building and Wood Workers International, Asia Pacific Regional Office, Burma Campaign Australia, Burma Campaign , Malaysia, Burma Campaign UK, Burma Centre Delhi (BCD), Burma's Nationalities Association (BNA)- Norway, Burma Partnership, Cambodian Women's Crisis Center , Cambodia, Canadian Friends of Burma (CFOB), CDS (Community Development Services), Sri Lanka, Center for Migrant Advocacy, Philippines, Center for Indonesian Migrant Workers - CIMW – Indonesia, Center for Orang Asli Concerns (COAC), Malaysia, Centre for Public Policy Studies (CPPS), Malaysia, Chin Human Rights Organization, Civil Society Committee of LLG Cultural Development Centre (LLGCSC) Columban Center for Advocacy and Outreach ( USA ), Commission For Filipino Migrant Workers (CFMW) - The Netherlands, Committee for Asian Women (CAW), Coordination of Action Research on AIDS & Mobility (CARAM - Asia), Clean Clothes Campaign International Secretariat, Democratic Party for a New Society (DPNS), Burma, Development Action for Women Network (DAWN), Philippines, Empower Foundation, Thailand, Ethnic Nationalities Council, Federation of Trade Unions - Burma, FIDH - International Federation for Human Rights, Filipino Migrant Workers' Union - Hong Kong (FMWU), Forum for Democracy in Burma, Foundation for Education and Development (Formerly, Grassroots HRE ( Burma ), Free Burma Coalition - Philippines (FBC-Phils), Free Burma Campaign , South Africa, Friends of Burma , Malaysia, Global Alliance Against Traffic in Women (GAATW), HAKAM - National Human Rights Society , Malaysia, Health Equity Initiatives, Malaysia, H.O.M.E. (Humanitarian Organization for Migration Economics), Singapore, Hope Workers’ Center , Taiwan, HRWG - Indonesia 's NGO Coalition for International Advocacy, Hsinchu Catholic Diocese Migrants and New Immigrants Service Center , Taiwan, Human Rights Foundation of Monland, IMPARSIAL, the Indonesia Human Rights Monitor, Jakarta – Indonesia, INFID (International NGO Forum on Indonesian Development), Initiatives for International Dialogue (IID), Institute for National and Democratic Studies ( INDIES ), International Migrant Foundation-Bangladesh, Kachin Women's Association Thailand, KAFIN Migrant Center, Japan, KAFIN - Saitama , Japan, Kayan National Development Foundation (KNDF), Khmer Kampuchea Krom Human rights Organisation (KKKHRO), Cambodia, Labornet Korea, Labour Resource Centre , Malaysia, Legal Support for Children and Women (LSCW), Cambodia, LHRLA (Lawyers for Human Rights & Legal Aid), Pakistan, MADPET (Malaysians against Death Penalty and Torture), Malaysian Trade Union Congress (MTUC), Mekong Migration Network (MMN), Migrant CARE, Perhimpunan Indonesia untuk Buruh Migran Berdaulat, Migrant Forum in Asia (MFA), Migrant Rights International (MRI), MIGRANTE Europe, MIGRANTE Middle East, MIGRANTE International, MIGRANTE - Nagoya, MIGRANTE - UAE, Mindanao Migrants Center for Empowering Actions, Inc. (MMCEAI), Myanmar Ethnic Rohingyas Human Rights Organization Malaysia (MERHROM), National Democratic Party for Human Rights(NDPHR) (exile),SEA Regional Office, National League for Democracy [NLD (LA)], Malaysia, National Institute for Electoral Integrity (NIEI), Malaysia, National Network for Immigrant and Refugee Rights, U.S., Network for Democracy and Development, Thailand, Network of Action for Migrants in Malaysia (NAMM), New Zealand Burma Support Group, NY Committee for Human Rights in the Philippines, OKUP (Ovibashi Karmi Unnayan Program), Bangladesh, Osan Migrant Workers Center in South Korea, Overseas Mon Coordinating Committee (OMCC), Pakistan Rural Workers Social; Welfare Organization, Palaung State Liberation Front (PSLF), Parti Keadilan Rakyat (PKR), Parti Rakyat Malaysia (PRM), Peoples Service Organization (PSO), Malaysia, Persatuan Kesedaran Komuniti Selangot (EMPOWER), Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS), Malaysia, Persatuan Sahabat Wanita, Selangor, Platform of Filipino Migrant Organisations in Europe - The Netherlands, POURAKHI, Nepal, Pusat KOMAS, Malaysia, Raks Thai Foundation , Thailand, Rohingya Youth Development Forum (RYDF), Malaysia, Shan Refugee Organization Malaysia (SRO), Shan Women's Action Network (SWAN), Shwe Gas Movement, Solidaritas Perempuan,Indonesia, St. John's Cathedral HIV Education Centre, Hong Kong, Suara Rakyat Malaysia (SUARAM), Tenaganita, Malaysia, The Foundation for the Health and Knowledge of Ethnic Labour (MAP), The Justice, Peace & Solidarity in Mission Office, The Good Shepherd Sisters, The Micah Mandate, Transient Workers Count Too, Singapore, United Filipinos in Hong Kong (UNIFIL-MIGRANTE- HK), U.S. Campaign for Burma, WARBE Development Foundation - Bangladesh, Women's Aid Organisation (WAO), Malaysia, Women's League of Burma,Workers Hub for Change (WH4C), Yaung Chi Oo Workers Association (YCOWA), Thailand
But alas, the Malaysian government's position has been to ignore these calls, and increase the number of RELA members. In July 2008, we were informed by the government that there were 520,000 RELA members. Today, we are told that there are now about 1,000,000 RELA members...

And guess what ...the government is trying to get employment for RELA members. Are we looking at about 1,000,000 unemployed Malaysians in RELA?

Volunteer corps are usually made up with people with jobs and businesses, who volunteer their free time as volunteer police, volunteer civil defence force, volunteer fire fighters, etc...But now, Home Ministry secretary-general gives all the understanding that these are 'trained' persons who need jobs..."...Rela members are not only experienced in security but are also trained to handle weapons...."

Is RELA one of the solutions of the Malaysian  government to address the problem of unemployment?

RELA is today an international embarrassment, and the right thing to do is to disband and abolish it...

Volunteers can all be channeled to become members of the volunteer police force, voluntary armed forces, voluntary fire and rescue services, voluntary medical services, voluntary civil defence forces, ....YES, we have a lot of voluntary bodies...and there really is no need or justification for the retention of RELA.

 Security companies should employ Rela members who are experienced in handling such matters to solve their manpower shortage and unskilled security personnel woes, Home Ministry secretary-general Datuk Seri Mahmood Adam said.


He said with Rela having about one million members, security companies would be “spoilt for choice” and their problem of having to engage foreigners and unskilled people for the job would end.

“My ministry is in the final stages of formulating a proposal and will present it to security firms soon. It is a proposal which they should seriously consider because Rela members are not only experienced in security but are also trained to handle weapons.

“We believe there would be fewer problems involving security firms and their personnel in the future if the ministry’s proposal is accepted,” he told reporters after opening a seminar on human trafficking on Wednesday.

Mahmood said members of the 100,000-strong Civil Defence Force could also be engaged for this purpose as they were also experienced and well trained,

He said his ministry continued to get requests from security firms to allow them to employ Nepalese as security guards despite a ban since last year, adding that the firms claimed attempts to hire locals for the job were futile as not many were interested.

“I am sure they have not considered employing Rela members for the job. With reasonable pay, I believe there are members who would be interested to take up the offer but companies must also ensure benefits such as Socso and EPF are fulfilled,” he said.

Mahmood also said the company whose security guard had accidentally shot a boy at a Tenaga Nasional Berhad outlet in Jalan Klang Lama recently had its licence suspended pending investigations, adding that his ministry was now in the midst of “auditing” all 500 security firms nationwide to check on their compliance to regulations.

He said in three months, the ministry would be able to determine which firms adhered to the law and conditions stipulated to operate such outfits, adding that action -- including cancelling their operating licence -- would be taken against those who seriously violate the law.

“These companies are providing security service and it does not make sense if they do not follow the law themselves,” he said, adding checks would be made on, among others, training, workers’ welfare, licence to operate arms and the personnel’s age as those employed as guards must not be more than 60 years old.- Star, 16/12/2009, Security firms urged to hire Rela members



 Older posts:-

Abolish RELA - RELA only brings shame to Malaysia

Disband Rela (People's Volunteer Corps) in the interest of justice and human rights,
RELA’S “CATCH A MIGRANT AND GET PAID FOR IT” POLICY MUST END

Many called for its abolition BUT UMNO-led BN government wants to increase the number in RELA - WHY?

Malaysian Bar 2007 Resolution for Abolition of Rela - read in this post RELA man outraged woman's modesty - Abolish RELA now

ALIRAN reiterates call for ABOLITION of RELA

SUARAM & AI Malaysia :- Reverse Decision to Include RELA in Public Policing

Govt spends RM30 per detained migrant(not including heathcare) - so why is the condition of food, cleanliness and hygine still unsatisfactory

The Malaysian government allegedly spents RM30 per day for each and every 'undocumented migrant' being detained at Detention Centres in Malaysia. It was specifically mentioned that this does not involve the cost of healthcare.

For a 30 day month, that amounts to RM900 per detainee, which is lower than the salary of many workers in Malaysia.

With that amount of monies, I am sure that they could be proper food, and provided with a clean and hygine environment of detention.

As one of the reasons for diseases, as disclosed by the government recently has been because these migrants eat grass...and walk around barefooted. [Preliminary inquiries seem to indicate that the reason that they are walking around barefoot is because they are not provided necessary footware whilst in detention..]. The eating of grass could be by reason of hunger - i.e. not enough food being provided to the detainees. See earlier blog post:-

The government also laments that they have to spend '..RM30.2mil to send 154,729 illegal immigrants back to their countries of origin between 2007 and this year, the Dewan Rakyat was told Thursday...'. Whilst we hear about arrest, prosecution, detention and deportation of undocumented migrants, we hear little about actions taken against employers of these undocumented migrants.

These employers also get away many a time with cheating workers of their wages and benefits. Their failure to get necessary social security insurance also results in workers being deprived of compensation when they are victims of industrial accidents and/or other accidents when they are in employ of the particular employer.

In fact, the government and the law seem to assist these employers in denying workers their rights. Because they were undocumented, workers have been deprived the right to claim back-wages, unlawful deductions, etc from their employer. This should not be.

In an employment relationship, irrespective of whether they are documented/registered or not, it should not be a bar for a worker to claim the agreed wages/benefits from their employer. If the said worker is in breach of some immigration law, then of course the State has a right to prosecute him/her on that matter - but not to BAR his rightful claim from his employers.

Government of Malaysia spents too little time identifying/investigating employers of undocumented migrants, for if they did, then they could of course save this RM30 million by getting it back from the said employers.

Very few will be coming over to Malaysia if there is no work and wages here but alas, Malaysia's narrow emphasis on only just arresting, prosecuting, detaining and deporting undocumented migrants is the problem that we have to address. We have to note that some of these migrants are really not 'undocumented migrants' but really people seeking asylum from a repressive regime back in their home country, and this would be the case for the people from Burma, Southern Thailand and maybe also Southern Philipines.

The government had to spend RM30.2mil to send 154,729 illegal immigrants back to their countries of origin between 2007 and this year, the Dewan Rakyat was told Thursday.


Deputy Home Minister Datuk Wira Abu Seman Yusop said the government also had to shoulder expenditure of RM30 a day for every illegal immigrant held at immigration depots.

"This covers the daily cost and treatment cost only, and not medical cost. The cost of air, sea and land charges is borne by the government," he said when replying to a question from Mohsin Fadzli Samsuri (PKR-Bagan Serai).

Mohsin Fadzli had also wanted to know the number of illegal immigrants held between 2006 and 2008 and the centres where they were detained in as well as the period of their detention.

Abu Seman said 248,939 were held at immigration depots nationwide during the period.

He also said that the period of detention of an illegal immigrant depended on several factors, such as the travel document, flight ticket and verification by the relevant embassy. - Bernama- Star, 10/12/2009, Parliament: RM30mil spent to send back 154,729 illegals


Tuesday, December 15, 2009

Acknowledge that you are not Malaysian? Admit still in forms that you are 'Chinese', 'Indian'..Najib's 1Malaysia?

We want to be Malaysians...be known as Malaysians. We are bangsa Malaysia..., and we really do not see what our ethnicity or that of our forefathers should be insisted in government forms, etc..

Amusingly, the Malaysian government comes and tell us that it is needed for 'statistics'. But, alas many believe that it is for the purpose of discrimination. Luckily we are not yet forced to wear coloured stars and triangles like was done in World War II by the Third Reich. We all know that jews were made to wear that yellow star...but many are unaware that others were also discriminated against, and this included the Gypsies, emigrants, etc..

The Third Reich utilized a myriad of colored triangles to classify the various groups of peoples they interned in concentration camps.  The colors of the triangles were as follows: red for political dissidents, green for criminals, purple for Jehovah's Witnesses, blue for emigrants, brown for Gypsies, black for lesbians and other "anti-socials," and pink for homosexual men.
Najib's 1Malaysia makes no sense when we still cannot feel like true Malaysia - the people of independent Malaysia. Everytime, we see that space after the word 'bangsa' (which means nationality to me), we cannot put 'Malaysia' but will have to put Cina, India, Melayu, dll..

Etnik or Race would have been a better word - but really, why do we really need this anymore. If we look around, many of us are products of mix marriages. So, what do we say - 1/4 Arab, 1/4 Thai, 1/4 Melayu, 1/4 India????

Indian - is that my ethnicity? Chinese - is that my race? I do not think so....and maybe we should really start mentioning our race/ethnicity - Hakka, Hokkien, Cantonese, Teo Chew, Malayalee, Tamil, Telugu, Punjabi, Bugis, Batak, Kadazan, Iban, Kenyah, Melanau, Temuan, Semelai... NOT the country our forefathers came from.

52 over years since independence - it is time we are all treated as 1Malaysian. And, if you want the ethnic breakdown for 'statistics' or 'research', then do a survey. Just remove that requirement from all government and other forms...

Several factors and needs have to be considered before a proposal to remove the race column from government official forms can be implemented, Dewan Rakyat was told today.


Deputy Minister in the Prime Minister's Department Liew Vui Keong said this was because information like race and religion as contained in the MyKad chip was needed for statistics.

"Generally, we can identify the race from the name but this is not the case for some races in Sabah and Sarawak as the different is not clear and can be confusing," he said.

Liew was replying to Lim Lip Eng (DAP-Segambut) who asked whether the government was serious in removing the race and religion column from government official forms.

He said the information was also needed by poverty eradication programmes aimed at restructuring the society.

"Developed countries like Australia, the United Kingdom and United States need information on race in certain forms for equal opportunities monitoring.

"It is also important in the enforcement of laws involving religion."

He said the 1Malaysia concept was based on unity in diversity and as such the cultures had to be respected, conserved and celebrated to nurture unity.

"Information on race and religion can be used for this and is not a problem to unity. The problem arises from a racial attitude and approach," he added.

- Bernama - Malaysiakini, 14/12/2009,
Gov't not ready to remove race from forms

And, now like Nari Germany during WWII, there are those that go around claiming to be a 'superior race' - Malay supremacy...'ketuanan Melayu'. - that time they talked about supremacy of the aryan race..

Who were the original people of Malaysia? Who came after? People forget that all of us come from one source at the end of the day. For Muslims, Christians and Jews, we are all children of Adam and Eve...creation of God.

Migration - remember that it is an historical fact that human beings have always migrated from one place to another...and this world belongs to all human persons...

Countries....states...boundaries - Again a student of history will state that it all depends on when we look at it.

Ancient Malaysia - Negrito aborigines are considered to be one of the first groups of people to inhabit the Malaysian peninsula.  When the Proto-Malays, made up of seafarers and farmers, came to the peninsula they sent the Negritos into the jungles and hills.  The Proto-Malays came from China and were technologically advanced, especially in comparison to the Negritos.  After the Proto-Malays came the Deutero-Malays, which were made up of many different people - Arabs, Chinese, Indians, Proto-Malays, and Siamese.  The Deutero-Malays were proficient in their use of iron and when they united with Indonesians, they combined to make up the people known today as the Malay.

Hindu Kingdom - 100 BC - 1400 AD - During this period, Malaysia's culture changed dramatically with the arrival of Indians.  Indians initially went to the Malaysian peninsula in search of a mystical place known as the "Land of Gold."  Although the places in Malaysia may not have been what they were looking for, they didn't leave, but continued to arrive in search of gold, spices and aromatic wood.  In addition to trade (with goods), the Indians introduced Hinduism and Buddhism to the peninsula, thus bringing temples and other cultural traditions from India.  As a result, local kings in Malaysia combined what they considered to be the best aspects of India's government with their own structure, thus resulting in "Indianised kingdoms."  Today,  the Indian influences can best be seen in a traditional Malay wedding ceremony, which is similar to those in India.


Islam and the Golden Age of Malacca - 1400 AD - 1511 AD - Chinese, Indian and Arab records show that Srivijaya to be the best trading area in the region.  After seeing its great success, other areas quickly copied it thus causing a decline in Srivijava's influence.  Since the Hindu kingdoms of Malaysia weren't very strong and didn't have a central power, this caused a big problem for the region.  Pirates were another problem that needed to be taken care of in order for there to be a safe, secure port.  This problem was taken care of with the emergence of Malacca, which was in an ideal location, thus attributing to its great success.  It was founded in 1400 and within 50 years it was a major port, actually the most influential in Southeast Asia and with alliances being built with other tribes and ports, Malacca was able to "police" the waters and provide an escort for  vessels that needed it.  With this success, Malacca quickly became the power in control of all of Malaysia's west coast.
 
Colonial Malaysia - 1511 AD - 1957 AD -  Malacca's power and success was quickly extinguished with the arrival of the Portuguese in 1511.   Since the Arabians weren't allowing vessels piloted by non-Muslims into their harbors, the Europeans realized they needed a trading port of their own.  Thus bringing about capture of Malacca and it's harbor.  After conquering Malacca, the Portuguese built an immense fort which in turn was captured by the Dutch in 1641.    In 1785, the British, who needed a port for their ships to dock while in route to China, persuaded the Sultan of Kedah to let them build a fort on Penang.  After the French conquered the Netherlands in 1795, the Dutch allowed England to oversee the port of Malacca rather than turn it over the the French.  This was the first in a series of "swaps" to and from each country regarding this area.  Eventually, although it was finally given to Britain in a trade, the Dutch were the main controllers of the region.  With the establishment of a port in Singapore, the British colonies (Malacca, Penang, and Singapore) came to be known as the Straits Settlements.
England's monopoly on tin mining was tremendously helped with the Pangkor Agreement in 1874.  This Agreement was the result of internal fighting among the Malay kingdoms over control of the Perak throne.  The commotion that ensued prompted Britain to basically force the Malay rulers into signing the peace treaty.  A result of this treaty was that England had greater control, which greatly helped them in maintaining their monopoly in tin mining.  Britain's control continued until the Japanese invasion in 1942, although they tried to regain control after the end of World War II in 1945.  This attempt was foiled by Malaya's independence movement under the guidance of Tunku Abdul Rahman.  The British flag was lowered for good in 1957 in Merdeka Square (Kuala Lumpur).... - Malaysia's History and Background




Talam - 'Bail-out' or 'Debt Recovery' : Some light has been shed on this by Tony and others

Talam: 'Bail-out' or 'Debt Recovery'

What leaders must do is to explain matters clearly and simple lay-people language, which they fail to do...

Remember also that the people, particularly PR supporters, need to really explain matters to others as well...and that is why it is important to explain matters clearly. There should be no need for people to have to seek out and ask 'business/economic experts' for them to understand matters. It is the obligation of the Selangor MB, Selangor Government and the Pakatan Rakyat MPs/ADUNs to explain clearly.

From what I have gathered:-
1- Talam owed Selangor Government companies RM391 million BUT apparently the debt was not 'clear'. [Assume that proper records were not kept, or the debts records were consciously tampered with which may allow Talam to escape not paying the debts...]

2- Selangor Government , i.e. Selangor Menteri Besar Incorporated, took over the debts from these Selangor government companies, and will now chase Talam for the money. Hence, that RM391 million was not given to Talam but was given to the Selangor government companies.

3. QUESTION: Have Talam acknowledged the fact that they now owe Selangor Menteri Besar Incorporated the sum of RM391 million?

4. QUESTION: "what actions are the state taking to recover these debts, what actions has been taken, what actions are to be taken, timelines, milestones that they expect to achieve?.." (taken from one of the comments.

Comments really help a lot. It gives one the opportunity to express oneself. It also can sometime help educate me (and other readers). I must thank Tony P, MyBlog  and others for their comments which has enlightened me about this Talam issue. Quotes from their comments are as follows:-

I've got no idea how the RM391 debt recovery from Talam is considered a bail out.

Unlike a RM320m interest free, unsecured, backloaded 20-year loan facility that's given to SYABAS, the Selangor government is not giving a single cent to Talam.

In fact this debt was completely hidden in the subsidiary's books, and was uncovered by auditors appointed by the S'gor govt.

hence if we want to let off Talam, we might as well have left the hidden debts where they were.

But instead, Tan Sri Khalid, took over the debts from the useless subsidiaries and is now squeezing Talam hard to repay these debt. In fact any cent that we collect from Talam will be a bonus for the previous government didn't even realise Talam owes us money.

On another little point, Talam has assets which are worth >RM1b on paper. I'm not sure if we can collect RM391m, but certainly, we can collect a substantial amount.

Tony


And from another commentator
Talam is not a bail out in any sense. These are very old debts whose recovery is suspect. So Selangor has done the next best thing, to buy them from the Selangor govt. companies, consolidate it and try to recover using the might of the state machinery as now the state will be legally entitled to do so. It helps the state govt companies to carry on without this burden so that they can be more productive. In any case the money from the right pocket (Selangor State) has gone to the left pocket (Selangor state companies).

Now the state has to deal with Talam and try to recover these debts. If anything, you should be asking what actions are the state taking to recover these debts, what actions has been taken, what actions are to be taken, timelines, milestones that they expect to achieve. Push this agenda for recovery of the debts rather than chasing ghosts.


Monday, December 14, 2009

Talam: Not Bail Out but a 'Debt Recovery' - but why did you put in RM391 million to recover debt of RM391 million...mmm

Talam - it is not a 'bail-out' - it is a debt recovery exercise, says Selangor Menteri Besar..

Talam owes money, i.e. RM391 million  to Selangor State Government companies....and then Selangor State Government company, the Selangor Menteri Besar Incorporated, takes out Selangor Money and what.... they take over the debt, is that it. Now, does Talam owe the State Government...and will Talam settle its debts...or will now Selangor Menteri Besar Incorporated  write off the debts when Talam cannot pay back...

I think that this is all 'creative re-naming' of what really is a bail-out...

I believe that Talam is a developer...and as such, it really do not have any fixed assets...land, etc..like Plantation Companies, and hence what security do you have. Do you have personal guarantees from the Directors and major shareholders?

I see the action as stupid...merely delaying what may still happen - i.e. the rakyat of Selangor spending money in a kind of 'bail-out' which has a potential risk of non-recovery. [Or has Selangor government taken over Talam - i.e. bought shares in Talam worth RM391 million]

The action may have also put Talam into a better position - i.e. the Selangor government cannot allow Talam to fall soon...hence will most likely give it a preference on most development projects (even if they are not the best tender). Selangor now cannot 'black-list' Talam....

I hope someone with an economic background can explain this better... Tony Pua is blogging about the Federal Government 'debt recovery' or 'bail out' of Syabas - maybe he should also blog on Talam and the Selangor Government...

Interesting how Pakatan Rakyat people sort of ignore the Talam issue - RM391 million of the rakyat's money, which could have been better spent for other needs of the people...

How is Khalid going to ensure that Talam settles its debts....that is what we really want to know. Just saying without telling the people more is not enough..

Remember transparency...accountability...

Khalid: Menteri Besar Inc will ensure Talam fulfils its debt obligation

SHAH ALAM: The Selangor government has reiterated that the debt recovery exercise by state investment vehicle, Menteri Besar Inc (MBI), involving debts owed to it by Talam Corp Bhd is not a bailout.

Menteri Besar Tan Sri Abdul Khalid Ibrahim said the exercise would see Menteri Besar Inc taking over the responsibility to recover the debts from Talam, which owed the state RM391mil after several joint venture real estate development projects with state subsidiaries over the past 10 years.

'Menteri Besar Inc will now carry out its plan to ensure Talam fulfils its debt obligation. All debt collected by Menteri Besar Inc will be injected into the state government consolidated funds,” he said yesterday at a forum called “Menyelamatkan Perolehan Hutang Rakyat Selangor.”

Tan Sri Abdul Khalid Ibrahim ... ‘The state will risk writing off the debt if no proper action is taken.’

The state subsidiaries involved in the projects with Talam were Kumpulan Darul Ehsan Bhd, Permodalan Negeri Selangor Bhd and Yayasan Pendidikan Selangor.

On Nov 9, the Selangor State Assembly approved an additional budget of RM391mil for Menteri Besar Inc to buy the debts of Talam from the state government.

In a Nov 9 statement, Khalid said it was important to note that “previously the debts were in most cases neither fully recognised nor well recorded in the books of the state subsidiaries as the creditor.”

“No efforts have been made by the previous state government to recognise and claim the debts and the state will risk writing off the debt by the respective state subsidiaries if no proper action is taken,” he said.- Star, 8/12/2009, Selangor govt: Debt recovery not a bailout
Khalid said it was important to note that “previously the debts were in most cases neither fully recognised nor well recorded in the books of the state subsidiaries as the creditor.”  - so then, is that not a crime against the company...and in this case the people of Selangor. Should you not be making police reports about this, and going after the CEOs and the Directors (and accounts staff) for their 'hanky panky', negligence, incompetence....?

Have there been 'sacking' of these CEOs and Directors of the State government companies? Or just like BN, the PR State government sweeps everything under the carpet..


Be open tell us the whole truth and nothing but the truth...[Maybe, the problem is Khalid, who comes from a 'corporate culture', where all this is 'OK' and normal, but for the ordinary person it may not be]

In Malaysia, a talk and forum is normally one sided - with little or no opportunity to question the speaker. All is expected to sit, listen, absorb and accept. And, a good speaker will speak with terms and language that the ordinary person may not even understand...and who wants to be seen as 'stupid' for asking the meaning of this word or that phrase. Hence, politicians can get away with it....That was the BN way...is it also the Pakatan way?

Let's have a public inquiry about TALAM - appoint an independent investigating team to find out what happened? Whose mistake it was? Recommend necessary legal action against those who are at fault? And, wonder whether this new move was the right move...

TALAM is safe now...for Selangor will treat them with child's gloves...preferential treatment for after all RM391 million has been invested in them...and this is so wrong, and necessarily not good governance...

See earlier posts about Talam:-

Talam 'bail-out' - Where is the explanation and full disclosure by Pakatan's Selangor government?


Anwar, the people were also kept in the dark when RM391 million of their money was used to buy over Talam's debt to 'Selangor'?


Migrants eat grass...walk backfooted...and so they get sick and die...

On 23rd April 1999, the Malaysian government together with other ASEAN governments signed THE BANGKOK DECLARATION ON IRREGULAR MIGRATION, and declaration 14 states as follows:-


Irregular migrants should be granted humanitarian treatment, including appropriate health and other services, while the cases of irregular migration are being handled according to law.    Any unfair treatment towards them should be avoided;
Health services was specifically mentioned. We recall that it was reported in the media in December 2008, that "About 1,300 illegal foreigners have died during detention in the past six years, Malaysia Nanban quoted Malaysian Human Rights (Suhakam) commissioner Datuk N. Siva Subramaniam as saying. He said many of them died in immigration detention centres, prisons and police lockups because they were denied medical treatment at the right time.” [Star, 18/12/2008, ‘1,300 foreign detainees died due to neglect’] This was again reiterated ABC News(28/5/2009) Malaysia detention centres 'violating rights' .The Bar Council tells us that, "...The Dewan Rakyat figure would mean that an average of one migrant dies in custody almost every day!" - Bar Council: Deaths of migrants in prisons, rehabilitation and detention centres

Finally, the government tells us that it is because migrants eat grass...and walk around barefooted..Are they not provided footware?

The detention centers are an enclosed environment, it is not a village where animals may be freely moving around....or dying. Hygine of all detention places, especially within the fences, should be kept hygienic, clean  and disease free. And why are detainees eating grass ...are they not been sufficiently fed? Are they being starved...that they are force to eat grass?

Leptospirosis, a communicable disease, has been linked to environmental contamination in Malaysian detention centres, where eight deaths have been recorded this year.

Dr Anis Salwa Kamarudin of the Health Ministry's public health division said the cases are linked to certain habits of detainees, such as eating grass and walking around barefooted.

“Some of these detainees like to eat grass which grows in the camp (compound),” she said in a written response on how the disease spreads and what measures are being taken to prevent the incidence of communicable diseases in immigration detention centres.

In May, two detainees died of leptospirosis at the Juru immigration detention centre, while six more succumbed in August at the KLIA immigration detention depot.

Anis explained that infection occurs either directly through contact with urine or tissues of animal carcasses, or indirectly through the contaminated environment soil, water, drainage and plants.

This includes consumption of contaminated food and water, as well as breathing air with the leptospira bacteria.

NONEThe spread of infectious diseases in detention centres is also due to overcrowding and poor hygiene, Anis said.

"Diseases spread easily where the population density is high - scabies, impetigo, tuberculosis, pneumonia and influenza are among the communicable diseases," she said.

Diarrhoea, enterovirus, hand, mouth and foot disease, salmonella, Hepatitis A and polio are spread through contaminated faeces, while Hepatitis B and C, HIV/Aids and cytomegalovirus are caused by contamination of the blood.

Anis said the ministry has taken several measures to ensure the health and safety of the detainees, to control leptospirosis among other diseases.

These include annual inspection of cleanliness of living quarters, water supply, and areas where food is handled, prepared and served.

Medical services are extended to immigration detention centres every fortnight, with referrals to hospitals when required.

'More needs to be done'

Tenaganita director Florida Sandanasamy said, however, that much more can and should be done to improve the health of detainees.

She questioned the quality and adequacy of food and water supplies, pointing out that no one will resort to eating grass unless they are desperate.

Detention centres should have an in-house doctor to provide immediate medical attention, she said.

"When detainees complain of sickness, they are often not taken seriously and have to repeatedly ask for treatment. Sometimes, when their condition worsens and they are rushed to the hospital, it is too late.

"The government should also have better planning in space allocation, as it is a known fact that densely populated areas attract all kind of diseases.”

NONEFlorida also pointed to dirty toilets and the lack of proper bedding - or filthy, bug-infested items - as other sources of problems.

“In fact, the detainees are not given a change of clothes, sometimes having to wear the same clothing until they are released," she claimed.

She also called for attention to the mental health and overall well being of detainees, as this has been neglected by the government.

"The detainees suffer from trauma and abuse, and are very prone to depression," she added.- Malaysiakini, 14/12/2009,
When detainees turn grass-eaters...
Not including medical cost, the government says that a sum of RM30 is spent per migrant per day...and, this is surely to provide good balanced diet, clean food trays, bedding, clothes and slippers... RM30 works out RM900 per month, and this is more than what most workers earn monthly...

First, it was the Immigration Department who ran these Detention Centres, but they did not do a good job, and the government transferred the responsibility to the experts, the Prison Department. Then, for no reason this responsibility was given to RELA...and, maybe it has now been handed back to the Immigration Department...or is still under RELA?

Rela members will be trained to take over the full-time running of the country's 14 immigration depots by the end of the year.

Home Affairs Minister Datuk Seri Radzi Sheikh Ahmad said in a recent Cabinet decision, Rela had been given control of all such detention centres, which currently housed some 11,000 illegal immigrants.

Previously, these centres were run and managed by the staff from the Prisons Department, which came under the purview of the Internal Security Ministry.

"However, we will need about two years to train our own staff in running these immigration centres. So, for the time being, Rela members will be put in charge of these centres.- Star, 22/11/2007, Rela to take over immigration depots
Access to health care in detention centres is once every two weeks... for how many hours? Considering the number of detainees and their living condition, this is certainly far from adequate. There should be a  permanent mini-clinic at every detention centre manned by a medical assistant, and a doctor at the very least. After all, there is already admission that it is indeed an environment that people can easily contract diseases.



No Za Bou, Women Migrant from Burma dies in KLIA Detention Centre - Could this death have been avoided with proper healthcare?

Minister of Health's lack of response shows a lack of accountability - Death of Migrants in Detention Centres by reason of Leptospirosis

 


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

2 migrants fell sick and died at the KLIA Immigration Depot. Could death have been avoided if the required healthcare was available?

126 groups:- Death of 2 Burmese Indicative of State of Detention Places in Malaysia - Denial of Healthcare Is a Violation of Right to Life 

 




SUARAM: Ongoing Abuse of Police Power Must End!

Press Statement: 14 December 2009

Ongoing Abuse of Police Power Must End!


Suara Rakyat Malaysia (SUARAM) strongly condemns the police for misusing their power in the arrest of Hindraf leader, S Jayathas, on the grounds of wearing an anti-ISA badge when Hindraf had a prayer ceremony yesterday, 13 December 2009 to mark the Internal Security Act (ISA) detention of five Hindraf leaders two years ago.

Article 10(1)(a) of the Federal Constitution states that every citizen has the right to freedom of expression. S Jayathas has the right to express his opinions under the protection of constitution and his arrest is a violation of his constitutional right.

The police committed a grave violation of Article 5(3) of the Federal Constitution which states that when ‘a person is arrested he shall be informed as soon as may be of the grounds of his arrest… ’ According to news reports[1], the police did not inform S Jayathas of the grounds of arrest even after they were asked.

SUARAM questions how it was possible that with the ongoing abuse of police power during the course of duty, the police force are still regarded as having ‘‘excellent performance’’ by the Malaysian Government.[2] SUARAM is not aware of any effort to reform the police force and to improve respect for fundamental constitutional and human rights, as proven in the arrest of S Jayathas.

The low public confidence in the police force today is in part due to its lack of accountability. This has been made worse by the recent police shooting cases and the attempts by the police in defending itself or making arrests without proper and transparent investigation procedures.


In light of the recent and ongoing police abuse power cases, there is an urgent need to put an end to the abuse of power amongst the police in any circumstances by abiding to the Federal Constitution and Police Act.

     
The Government should immediately revisit and implement the recommendations of the Royal Police Commission on the Police. The ongoing human rights violations committed by the police can be attributed to the failure of the Government to implement reform actions on the police force.  


Released by,


Yap Heng Lung
Coordinatoor


[1] Malaysiakini (2009) ‘Hindraf man nabbed for ‘wearing anti-ISA badge’’ , 13 December, at http://malaysiakini.com/news/119739, accessed 14 December 2009.
[2]AbuSemanYusop,20october 2009,thirdmeeting of the Second Seesion of the Twelfth Parliament,DR.20.10.2009(p7)

Sunday, December 13, 2009

MTUC: End Discrimination Against Workers and Unions in Malaysia

Media Statement – 11/12/2009


End Discrimination Against Workers and Unions in Malaysia
Repeal anti-union section 26(1A) of the Trade Unions Act 1959



On the occasion of the United Nations' (UN) Human Rights Day, this is annually observed on December 10 to mark the anniversary of the presentation of the Universal Declaration of Human Rights, the Malaysian Trade Union Congress (MTUC) calls for a greater recognition and respect of workers’ rights in Malaysia. This year the theme determined by the United Nations is non-discrimination.


MTUC specifically calls for an end of all forms of discrimination of workers in Malaysia.

Unions are essential for the promotion and protection of rights of workers, especially in the struggle for justice against the employer. Workers standing together as a union are less likely to be taken advantage and/or exploited by their employers. The right to unionize is specifically provided for in Atricle 23(4) specifically provides that ‘(4) Everyone has the right to form and to join trade unions for the protection of his interests.’


One of the reason for this state of affairs is the Malaysian government, that has been more pro-business and hence have not actively encouraged and promoted unions in Malaysia. As an example, we have section 26(1A) of the Trade Unions Act 1959, which states, “No person shall join, or be a member of, or be accepted or retained as a member by, any trade union if he is not employed or engaged in any establishment, trade, occupation or industry in respect of which the trade union is registered…”. Workers join unions so that they can be protected by their unions when their rights are violated by their employers. This provision automatically deprives the worker the assistance and benefits of being a union member when the worker’s most fundamental right has been violated, that is the worker’s right to employment with the particular employer. This provision also impedes unions from continuing to fight for the wrongfully dismissed worker. It is provision that certainly does not promote unions, or the need to form and join unions. MTUC reiterates its call for the immediate repeal of section 26(1A) of the Trade Unions Act 1959.


Malaysia must stop discriminating against workers in favour of employers, and should actively promote unions at every workplace. This should be a key objective of the Malaysian government to ensure that human rights of all workers are protected.


MTUC also calls for an end of discrimination of workers, based on whether they are public servants or workers in private companies. For workers in the public sector, the Malaysian government has a lot of benefits including free healthcare. As an example, public servants and their dependents enjoy free heart healthcare at the National Heart Institute (Institut Jantung Negara – IJN), whilst other workers will have to pay astronomical sums, which many a time is beyond the worker’s means, to get the necessary heart healthcare at the Malaysian government heart institute. Malaysia should ensure that all workers, in fact all persons in Malaysia, are entitled to free universal healthcare and other essential benefits.


MTUC also calls for the end of all forms of discrimination against all workers in Malaysia, be they local or migrant, documented or undocumented.


MTUC calls for an end of discrimination of workers currently being practiced based on whether they are workers in public sectors or private sectors.


MTUC calls for equal rights for all workers, and the repeal of Item 2 of Schedule 2 of the Employment Act 1955, that currently denies basic worker rights for some classes of workers including domestic workers.


MTUC calls for an end of the pro-business pro employer policies and stance of the Malaysian government, and for the Malaysian government to adopt a pro worker pro union position that will necessarily benefit the majority of workers in Malaysia and their dependents, and necessarily balance out the effect of past discrimination against workers.


Syed Shahir Syed Mohamud,
President
Malaysian Trades Union Congress
Subang Jaya, 11/12/2009


Friday, December 11, 2009

No Za Bou, Women Migrant from Burma dies in KLIA Detention Centre - Could this death have been avoided with proper healthcare?

On 9/10/2009, I received information that yet another migrant from Burma, a woman, died at the KLIA Detention Centre.

Name:       No Za Bou
Body No:  7652

What did she die of? Disease. What disease? The authorities allegedly will not disclose the disease when a migrant in these Detention Centres die.

Letters written to the Health Minister about previous deaths have yet to be answered, the last being as follows:-

15th November, 2009


Minister of Health
Kementerian Kesihatan Malaysia
Block E1, E6, E7 & E10, Kompleks  E,
Federal Government Administrative Centre,
62590 Putrajaya, MALAYSIA



Dear Sir,


We have recently been informed that 2 Burmese Migrants, who were detained at the Lenggeng Detention Centre recently died at the Seremban Hospital by reason of disease. We seek clarification as to what was the said 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.



Please find enclosed also a Joint Statement of 21 organizations and groups, from all over the world, dated 25/9/2009, entitled “Leptospirosis Causes Death Of Another 6 Burmese In Detention In Malaysia - Denial Of Healthcare Is A Violation Of Right To Life”


We are concerned about the report of recent deaths of 6 migrants at the KL International Airport (KLIA) depot.


We note that this is the 2nd time that this is happening.  In May 2009, 2 persons in the Juru Detention Centre, in Penang, Malaysia. We refer you to our earlier  letter dated 25/5/2009, which also enclosed the Joint Statement of 113 organizations and groups, from all over the world, dated 23/5/2009, entitled “Death Of 2 Burmese Indicative Of State Of Detention Places In Malaysia - Denial Of Healthcare Is A Violation Of Right To Life” [To date, 127 organisations have endorsed this statement]


The statement speaks for itself, and if there is need for further information and clarification, feel free to contact us [Charles Hector (chef@tm.net.my) or Pranom Somwong (Bee) (p_somwong@yahoo.com) at 019-237100/300]


Kindly acknowledge receipt, and we expect your response. We note sadly that there was no response to our letter of 25/9/2009, and wish to state that this reflects very badly on your good self, the Ministry of Health and the government of Malaysia. As such, we hope that you will take the time to respond this time.


We would like to know whether there was an investigation conducted by the Ministry and/or its departments as cause of the contamination that resulted in the death by Leptospirosis.


We would also appreciate statistics as to the number of deaths of detainees in places of detention, and the causes of the deaths.


With regard to Leptospirosis, we would like the Malaysian statistics of persons infected by Leptospirosis and the number of deaths, and also the same statistics with regard to prisons, detention centers of undocumented migrants.


We would also like to know the steps being taken by the Government of Malaysia, your Ministry, the Public Health Department and/or other relevant bodies to ensure proper hygine, cleanliness, and most importantly how prompt and effective healthcare is to be provided at places of detention to prevent unnecessary deaths.


If you are unable or unwilling to provide the said information, kindly revert to us as to the reasons why. We hope that you will promptly respond to this letter.


Thank you.


In solidarity,




Charles Hector                                
For and on behalf of the organizations that have endorsed the said Statements.


Lot 3585A, Kampung Lubuk Layang,
Batu 3, Jalan Mentakab,
28000 Temerloh,
PAHANG, Malaysia
Tel: 019-2371 100/300




c.c.


Dato' Sri Mohd Najib Bin Tun Haji Abdul Razak,
Prime Minister of Malaysia,
Prime Minister's Office,
Main Block, Perdana Putra Building,
Federal Government Administrative Centre,
62502 Putrajaya, MALAYSIA



THE HUMAN RIGHTS COMMISSION OF MALAYSIA
Level 29, Menara Tun Razak
Jalan Raja Laut
50350 Kuala Lumpur.

And, of course there were previous letters and statements..

Minister of Health's lack of response shows a lack of accountability - Death of Migrants in Detention Centres by reason of Leptospirosis

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

,LEPTOSPIROSIS CAUSES DEATH OF ANOTHER 6 BURMESE IN DETENTION IN MALAYSIA DENIAL OF HEALTHCARE IS A VIOLATION OF RIGHT TO LIFE 

2 died in Juru Detention Centre of Leptospirosis - The SUHAKAM response.

126 groups:- Death of 2 Burmese Indicative of State of Detention Places in Malaysia - Denial of Healthcare Is a Violation of Right to Life




Samy Velu, Human Rights Advocate calls for the shutting down of Detention Without Trial Camp in Johor

Samy Velu has just become an advocate for human rights when he called for the closure of that Detention Without Trial camp, that infamous  Simpang Renggam detention camp in Johor.

There are 3 main laws that allow for Detention Without Trial, and they are:-
Internal Security Act 1960,
Emergency (Public Order and Prevention of Crime) Ordinance 1969; and
Dangerous Drugs (Special Preventive Measures) Act 1985.

All these laws allows the UMNO-led BN government of Malaysia to detain people for indefinite periods without giving them their fundamental right to defend themselves, and their right to a fair trial.


They can just pick up anybody under these Detention Without Trial Laws, and detain them indefinitely. In the late 80's, the laws have been amended that now prevents detainees from going to court to challenge the alleged reasons for their detention - this was done vide an application known as habeas corpus. Today, all that can be challenged in court  are the technical issues like whether it was the Minister who signed the Detention Order, etc - now the alleged reasons for the detentions.


ISA have received the greatest attention by civil society groups, political parties and Malaysians generally as many of the big names have become victim to these laws - Lim Kit Siang, Karpal Singh, Koh Swe Yong, Nasir Hashim, Anwar Ibrahim, Syed Husin Ali, Cecilia Ng, Theresa Lim Chin Chin, Chee Heng Leng, Irene Xavier, Julian Jeyaseelan, Chandra Muzzaffar, ...


But the fact is that there are hundreds and thousands others who have become victim to that other Detention Without Trial Laws...and there are still many under detention without trial. (Under the ISA, it seems that there only 9 still under detention under the ISA)

Every person is entitled to a fair trial, with the full opportunity to defend themselves against charges levied against them, and only after being convicted should they be deprived of their liberty by reason of an imprisonment sentence for a fixed period of time as determined by an independent judge. 


Joining Samy Velu, we should call for the closure of all Detention Without Trial Centres, and go further calling for the immediate and unconditional release of all currently being detained under these detention without trial laws. We should also call for the immediate repeal of all laws that allow for Detention Without Trial. Hopefully, Samy Velu will also join us in calling for the immediate release and for the repeal of these Detention Without Trial Laws.


'Shoot to Kill' incidents by the police indicate a decline in our society when the police acts like judge, jury and executioner.


Detention Without Trial laws are bad as the Government of the Day (i.e. the Home Minister) acts like Judge, Jury and Detaining authority. Detention Without Trial Laws are bad because the detainee do not know the length of the period that he/she will be detained, unlike a prison sentence after a fair trial where the court immediately tells you the length of your period of imprisonment.


For a deeper understanding of these Detention Without Trial laws, and how similar they are, read my article PREVENTIVE DETENTION IN MALAYSIA– A BRIEF OVERVIEW (found in the Blog post - PR must release immediately all under ISA and Detention Without Trial Laws...



One of the recent Malaysian Bar resolution on this is to be found in post, Malaysian Bar Resolution on Detention without Trial laws

The news report where Samy Velu is seen as a human rights advocate...

MIC wants the government to close down the infamous Simpang Renggam detention camp in Johor, dubbed Malaysia's Guantanamo Bay, as it has outlived and probably deviated from its purpose of rehabilitating inmates.

Party president S Samy Vellu said MIC felt the detention camp built in 1986 to act as a rehabilitation centre, has become a "breeding ground" for more criminals, especially among the Indians, instead of rehabilitating them.

samy vellu exclusive on tamil schools 080708 06"Petty criminals who are sent there (the camp) graduate to become hardcore criminals," he told reporters after opening the MIC Youth workshop on crime prevention among Indian youth in Petaling Jaya.

To a question, Samy Vellu said he was aware that several non-governmental organisations also wanted the camp to be closed.

The camp houses detainees held under the Emergency Ordinance and the Dangerous Drugs (Special Preventive Measures) Act 1985, as well as convicts and remand prisoners.

Relocate inmates to modern prisons

Former detainees, the Bar Council, and the parliamentary caucus on human rights have described poor conditions of detention, overcrowded cells, inedible food infested with worms, limited access to fresh air or exercise, and unhygienic living conditions.

Samy Vellu who visited the camp in 2007 as the then works minister, pointed out that the camp was also overcrowded and inmates were living in "filthy conditions".

It was reported that the camp could only accommodate 2,000 inmates but was now catering for more than 4,000 inmates.

Samy Vellu suggested that inmates who were serving their jail sentences, be relocated to modern prisons such as in Sungai Buloh, while inmates who were yet to be charged in court be brought before the courts to face punishments.

simpang renggam prison 050107 front entrance"For inmates who could not be charged in courts for various reasons, we feel they should be made to do community service and transferred to another rehabilitation camp with modern facilities," he said.

The former works minister said during his visit to the camp, he had personally talked to several inmates who complained that they were supposed to be detained for two years, but claimed that the authorities had extended their remand.

Samy Vellu said he was confident Home Minister Hishamuddin Hussein would consider the MIC's request or find an alternative solution to it.- Malaysiakini, 11/12/2009,
Shut down local 'Guantanamo Bay'