Azmin (or Opposition), just like BN, hands over RM30,000 government funds to Mosque during campaign period?

Well, the Menteri Besar of Opposition coalition government in Selangor, and hands over a RM30,000 cheque, to a Mosque in the area of the by elections. 

Pada majlis itu juga Azmin menyerahkan peruntukan bernilai RM30,000 untuk Masjid Binjai Jaya. Kata Azmin permohonan mendapatkan peruntukan itu dibuat sebelum musim pilihan raya kecil akan diadakan.

Is it Azmin Ali's personal donation? NO 

Is it a donation from PKR? NO

Is it money of the Selangor government? YES - it is, and Azmin Ali says that the allocation was approved long before. Well, why give it now - and publicly at Opposition campaign event? State funds, if disbursed out should be done by the State at State events - that, I believe, is the right way.

When he came to this Opposition candidate's campaign event, was he there as Menteri Besar(chief Minister) coming there with a government car with a government paid driver? In my opinion, he should be there as just an Opposition leader for this was an election campaign, without using State government funds and/or resources. 

Well, we (including the Opposition) have always been critical of similar Barisan Nasional behaviour in the past - and sadly, we see that Azmin Ali of PKR...of Pakatan Harapan doing the very same thing. What is the response from PKR? DAP? BERSIH? This certainly was wrong...

Interesting also is the excuse given by Azmin for his absence earlier  - What do you think of that...

But Azmin said he was busy with his official duty to accompany the Selangor sultan, who is also the head of Islam in the state, in the monarch’s public appearances during the Muslim fasting month of Ramadan. “As the mentri besar, it is my responsibility to follow the sultan to be with the people in Selangor. “Last night during an event with His Highness at the Jeram mosque, I whispered to him if I can be allowed to come here tonight. He agreed to me coming to Sungai Besar,” Azmin explained during the breaking of fast at Kampung Hala Cara Baru here this evening.

Azmin sokong AMANAH, doakan PAS

Zikri Kamarulzaman     14 Jun 2016, 10:01 malam     14 Jun 2016, 10:41 malam
 

Menteri Besar Selangor Datuk Seri Mohamed Azmin Ali sudah menyatakan dengan jelas, beliau menyokong calon Pakatan Harapan (HARAPAN) dalam pilihan raya kecil Sungai Besar.

Berucap di majlis berbuka puasa di Sungai Besar petang tadi Azmin berkata, selepas mengadakan perbincangan panjang lebar beliau memberikan sokongan penuh kepada Azhar Shukur dari Parti Amanah Negara (AMANAH).

Bagaimanapun Azmin tidak mengetepikan terus lawan AMANAH dari PAS, Dr Rani Osman, yang dianggapnya seorang rakan di DUN Selangor.

"Saya doakan dia (Dr Rani) terus maju untuk sama-sama dalam satu tekad melawan kezaliman di Putrajaya," katanya.

Di majlis anjuran HARAPAN itu, Dr Rani turut hadir kerana beranggapan ia terbuka untuk semua.

Walaupun bersaing dalam pilihan raya kecil kali ini kehadiran Dr Rani disambut mesra oleh pemimpin dan penyokong HARAPAN.

Pilihan raya kecil Sungai Besar - dan Kuala Kangsar - akan diadakan serentak pada 18 Jun ini.

Selain Dr Rani, Azhar berdepan saingan daripada calon BN Budiman Mohd Zohdi untuk mengisi kekosongan ditinggalkan arwah Datuk Noriah Kasnon.

Itu mentaliti Umno

Kemunculan Azmin petang tadi adalah yang pertama untuknya sejak hari penamaan calon pada 5 Jun lalu.

Ketiadaan Azmin berkempen di kawasan berkenaan menyebabkan sesetengah pihak termasuk PAS dan Umno mendakwa ADUN Bukit Antarabangsa itu tidak memberikan sokongan padu kepada AMANAH.

Namun kata Azmin beliau sebenarnya sibuk mengiringi Sultan Selangor Sultan Shariffudin Idris Shah menghadiri pelbagai acara sempena Ramadan.

Namun katanya, beliau mendapat perkenan sultan untuk berada di Sungai Besar pada hari ini dan Jumaat, manakala esok di Kuala Kangsar.

Azmin juga mengkritik Ketua Pemuda Umno Khairy Jamaluddin Abu Bakar yang mengatanya kerana tidak muncul berkempen sebelum ini.

"Itulah mentaliti Umno. Saya (sebenarnya) tak perlu pulun kerja di Sungai Besar semata-mata kerana ada pilihan raya kecil.

"Itu (turun berkempen hari-hari) adalah cara Umno. Apabila ada pilihan raya kecil baru nak turun (padang), baru nak tengok orang kampung," katanya.

Sebaliknya kata Azmin kerajaan Selangor membantu rakyat negeri itu secara berkesan sejak 2008.

Pada majlis itu juga Azmin menyerahkan peruntukan bernilai RM30,000 untuk Masjid Binjai Jaya.

Kata Azmin permohonan mendapatkan peruntukan itu dibuat sebelum musim pilihan raya kecil akan diadakan. - Malaysiakini, 14/6/2016

In first appearance, Azmin backs Amanah candidate for Sungai Besar

BY KAMLES KUMAR

Tuesday June 14, 2016

Selangor Mentri Besar Datuk Seri Azmin Ali (dressed in white) is seen with the PAS candidate Dr Rani Osman at a breaking of fast event in Kampung Hala Cara Baru, Sungei Besar, June 14, 2016. — Picture by Kamles Kumar SABAK BERNAM, June 14 — Selangor Mentri Besar Datuk Seri Azmin Ali publicly declared today his support for Parti Amanah Negara (Amanah) candidate Azhar Shukur in the Sungai Besar by-election.

The PKR deputy president has raised eyebrows with his absence from the campaign trail for his party’s political ally since nomination day on June 5.

But Azmin said he was busy with his official duty to accompany the Selangor sultan, who is also the head of Islam in the state, in the monarch’s public appearances during the Muslim fasting month of Ramadan.

“As the mentri besar, it is my responsibility to follow the sultan to be with the people in Selangor.

“Last night during an event with His Highness at the Jeram mosque, I whispered to him if I can be allowed to come here tonight. He agreed to me coming to Sungai Besar,” Azmin explained during the breaking of fast at Kampung Hala Cara Baru here this evening.

He hit back at detractors from Umno who he claimed to have a fuss over his past absence, calling it a low-blow.

“This is Umno’s mentality. I don’t need to be here just because it’s the by-election. That is the Umno way. The Selangor government has always been helping the people of Sungai Besar,” Azmin said.

Rumours had circulated after Azmin’s absence on nomination day that the PKR Number Two was withdrawing from the campaign after failing to negotiate a deal with PAS to secure a straight fight between the federal opposition and the ruling Barisan Nasional (BN).

Another surprise attendance at the event was PAS’s Sungai Besar candidate Dr Rani Osman.

He joined Azmin and other Pakatan Harapan leaders including PKR vice-president Nurul Izzah Anwar, DAP’s Sekinchan assemblyman Ng Suee Lim and Amanah’s Dr Dzulkefly Ahmad to break fast.

Dr Rani played down his participation at the same function where his rival contender for Sungai Besar was also present, saying he had done the same earlier today at another event featuring BN candidate Budiman Mohd Zohdi.

“Today morning I was with Budiman and this evening I’m here,” the Meru assemblyman said, adding that he was also present out of respect for Azmin as Selangor MB.

“He is my Mentri Besar, I came to see him.”

Dr Rani said he was not worried of any repercussion from his party for sharing a meal with his political rivals.

“No, no, no. There is no problem in this, nothing will happen,” he said.

Based on the Election Commission’s (EC) statistics, the Sungai Besar federal constituency has 42,836 voters comprising 22,227 Malays votes, 13,142 Chinese, and 820 Indians with 98 from other races.

- See more at: http://www.themalaymailonline.com/malaysia/article/in-first-appearance-azmin-backs-amanah-candidate-for-sungai-besar#sthash.RZvNSN4J.dpuf

Overtime Policy - Local workers are prejudiced by present 'overtime limits' - 104 hours per month?

Pay Low Wages, and you can force the worker to do overtime just to earn enough to survive...

Overtime is also an issue that determines whether employers preference for local workers would increase or decrease. Local workers generally are willing to do overtime occasionally but certainly not everyday...they have a life outside work - they prefer the '8 hours work, 8 hours rest and 8 hours leisure/social life/family time formula...Note that an 8-hour work day means about 9 hours plus, and factor in also transportation to and from work.. 

OT - workers in Malaysia have a choice to refuse? Reduce draconian OT limit of 104 hours/month to 50 hr/mth

Malaysia now has a draconian legal overtime limit per month that allow employers to 'force' their workers to work 12 hours per day...Why 'force'? Nowadays, local workers also complain that they do not anymore have a choice when it comes to having to do overtime - If you refuse, then you risk losing your employment, or it may affect your promotion and future wage increases too... 

Overtime was usually in exceptionally was for rare situations - but today, it becomes the norm for many workplaces. 

One law that sets limits to overtime was the Employment (Limitation of Overtime Work) Regulations 1980 - and this was amended in 1991, and the limit was increased to one hundred and four(104) hours in any one month. 

The accepted number of working days per month is 26, therefore this regulation allowed for up to 4 hours of  overtime work per day.(104/26).

This is a VERY BAD law - Why? 8 hours normal working hours PLUS 4 hours overtime = 12 hours work everyday. 

Local workers have families and social life - many would not want to be working 12 hours every working day...

Migrant workers are also  human workers - and when the law changes to increase the limit of overtime per month, it will also affect local workers...

Now migrant workers, like local workers also need time to rest, time for leisure and time to work. Workers fought for the 8 hour work per day...and that is also reflected in Malaysia's Employment Act - but alas that right has been eroded over the years. Read Worker and trade union rights in BN-ruled Malaysia(Part 1)

WHO DOES THE MALAYSIAN EMPLOYER PREFER - LOCAL OR MIGRANT WORKERS? AND WHY?

Migrant Workers - they are willing to work long hours and do overtime - Local workers want to work 8 hours per day...

Migrant Workers - they are too scared to fight for their rights...even when they fight for their rights, very easily we can terminate and cancel permit so the migrant worker will be send back. They have no capacity to complain or go to court - how can they when they are already not in Malaysia or become undocumented workers(illegal). Local workers can claim rights - employers cannot escape.

Migrant Workers - because local workers cost more > have to pay them salary plus additional 13% of the salary sum to EPF/KWSP. Migrant workers only have to pay salary. Levy employers have to pay now is also less than 13% of the total salary.

Migrant Workers - because easily exploitable...they got no choice cannot leave and find another employer. Can also hold their passport - and so they are afraid to go anywhere...Local workers cannot do this.

Migrant Workers - When they come to work, they already got a large debt coming to Malaysia - so, no choice for them - they have to work and do everything the employer ask...

Malaysia really must amend the overtime limit from 104 hours per month to a reasonable 60 hours per month, and this limit should apply to all workers..

Wages need to increase not working hours...

Malaysia must really be clear as to whether LOCAL WORKERS are its priority...and by this, we mean now just Public Servants but the millions of workers working in the private sector...

HOW MANY HOURS WOULD YOU WANT TO WORK A DAY? It must be noted in many countries, working hours are becoming less - and workers are able to enjoy a better quality of work...

Malaysia unfortunately is not bothered of worker other than public servants - see how other workers have an unreasonable minimum wage of RM1,000(whilst public servants have a minimum wage of RM1,200). Minimum wage is a guideline but employers are using that as a 'benchmark' and is the starting salaries of many workers... [Minimum wage should be applicable for all employers having more than 10-15 workers, for the smaller employer like shops,etc - there must be options (like profit sharing or income sharing arrangements) as a lot of small retailers in smaller towns really do not have a high income

Public servants get RM500 for Hari Raya - what about the private sector local Malaysian workers?

 

 

 

 

 

MEF: Foreign workers request for overtime

June 14, 2016

Some foreign workers do not want to return to work if their request for overtime is not met, says Malaysian Employers Federation executive director.

KUALA LUMPUR: Employers should not be faulted when individual workers request to work overtime on their own accord.

“In fact, there are some (private workers) who do not want to come here to work if their request for overtime is not met,” said Malaysian Employers Federation (MEF) executive director Shamsuddin Bardan when commenting on the number of Nepal workers who have died of heart attacks.

Nepal Ambassador to Malaysia Dr Niranjan Man Singh Basnyat was reported as saying that 70% of the 461 deaths of Nepal workers in Malaysia last year was due to heart attacks, suffered while sleeping, and likely attributed to their long working hours.

– BERNAMA - FMT News, 14/6/2016

Sunday, 12 June 2016 | MYT 12:35 PM

Most deaths of Nepalese workers in Malaysia due to cardiac arrest, says ambassador

KUALA LUMPUR: The Nepal Embassy received 461 death reports of Nepalese workers here last year and 70 percent of them died in their sleep due to a massive heart attack or sudden cardiac arrest.

Nepal Ambassador to Malaysia Dr Niranjan Man Singh Basnyat (pic) said the cause may be due to working long hours, especially under the hot sun while the other 30 percent was due to fatal accidents at workplace, consuming too much alcoholic drinks while a few had committed suicide due to monetary reasons.

Basnyat, who was concerned with the hardworking attitude of his countrymen who are willing to work long hours, wanted them to slow down and take care of their health.

"They might not be aware that they would suffer from fatigue after working long hours under hot and humid conditions and this can result in deaths while sleeping," he said.

He said the embassy also recorded 2,945 deaths of Nepalese workers here over the past 10 years from 2005.

Basnyat said Nepalese workers are reportedly struggling hard to earn money, in the hope that they could remit some funds for their families or settle debts in their own country.

He hoped they will realise the importance of working for eight hours per day instead of the 12 hours per day they worked normally, to ensure they stayed healthy.

He said the tendency of Nepalese workers to consume too much alcohol is another cause of concern that has resulted in deaths due to dehydration as their body may lack water." 

In some cases, Nepalese workers have been reported to have committed suicide due to stress or monetary problems.

He pointed out that most of the Nepalese workers who come to work here have to settle debts owed to their agents or banks in Nepal for their journey to Malaysia, while some 'pawn' their land as collateral to secure loans to ensure their trip here.

"Some (Nepalese workers) are frustrated when they realise they do not have enough money to repay their loan and thus commit suicide as a way out from their misery. However, such cases are few," he added.

To date, Malaysia has about 800,000 Nepalese workers, the highest compared to other countries since statistics show Saudi Arabia and Qatar have about (400,000), United Arab Emirates (300,000), Kuwait (100,000), Oman and Bahrain (50,000) respectively, he said.

Basnyat, who started his duties as ambassador here since 2013, said the embassy had taken several measures to reduce the fatalities among Nepalese here, and has also put up notices in the embassy's website to advise them about the importance of their health.

The embassy also has a slot in Bernama Radio every Sunday from 8pm to 9pm to inform the Nepalese community here about the 'dos and done' while they are here.

"For instance, we always remind them to drink four litres of plain water instead of taking alcoholic drinks," he added.

Meanwhile, according to Deputy Secretary Communication Group Human Rights Commission of Malaysia (Suhakam) Simon Karunagaram, it was normal for migrant workers to work more than 12 hours per day here.

"They have to accept such offers since it was the only way to earn more money to help settle debts or remit money to their families back home," he said, adding that the workers are prone to sickness if they worked continuously for long hours every day.

However, Karunagaram said employers must acknowledge that their workers, including migrant workers, are allowed to work only eight hours a day in accordance with the Employment Act 1955.

"It is all up to their (workers) willingness to work more than eight hours per day. If they work more than normal time, it must be considered as working overtime (OT)," he said.

In the meantime, he urged migrant workers to step up and lodge complaints at their respective embassy or Jabatan Tenaga Kerja under the Ministry of Human Resource if they are mistreated by their employers. - Bernama - Star, 12/6/2016

National Security Council Act 2015 has All the Hallmarks of Authoritarianism - Malaysian Bar

Press Comment | National Security Council Act 2015 has All the Hallmarks of Authoritarianism

The Malaysian Bar is appalled that the National Security Council Act 2015 (“NSC Act”) – which was passed by the Dewan Rakyat on 1 December 2015 and the Dewan Negara on 22 December 2015 – was gazetted on 7 June 2016. 

The NSC Act has made legislative history, as it appears to be the first-ever legislation to be gazetted without having received Royal Assent from the Yang di-Pertuan Agong.  It became law on 18 February 2016 under Article 66(4A) of the Federal Constitution, which states: “If a Bill is not assented to by the Yang di-Pertuan Agong within [thirty days after it is presented to him], it shall become law at the expiration of [thirty days] in the like manner as if he had assented thereto”. 

According to news reports, Attorney General Tan Sri Dato’ Sri Haji Mohamed Apandi bin Haji Ali (“Tan Sri Apandi”) had briefed the Rulers on the NSC Act at the 240^th Conference of Rulers held at the Istana Negara on 17 February 2016.[1]  The Office of the Keeper of the Rulers’ Seal then issued a statement on the same date, stating that the Malay Rulers were of the opinion that the Prime Minister and Tan Sri Apandi should study and review some of the clauses in the NSC Bill.[2] The following day, Tan Sri Apandi told the media that certain provisions would be scrutinised again.[3] 

 

The NSC Act was nevertheless gazetted on 7 June 2016.  It is worrying that this draconian piece of legislation has been dealt with in such a hasty and peremptory manner.  There has also been no explanation as to why the NSC Act was gazetted despite the reservations of the Rulers.

It is also shocking that the Government has chosen to resort to Article 66(4A) of the Federal Constitution. It is an extreme constitutional provision that bypasses the procedure for express assent of the Yang di-Pertuan Agong, and consequently diminishes the inherent system of checks and balances provided by our constitutional monarchy.  The Government’s actions are particularly glaring, given the widespread public outcry over the NSC Act.

The NSC Act confers and concentrates vast executive powers in the National Security Council (“NSC”), which is chaired by the Prime Minister and functions at his dictates.  The Cabinet is subordinated to the NSC, which is able to exert control over regulatory authorities such as Bank Negara Malaysia, Securities Commission, and the Malaysian Anti-Corruption Commission.  Even the authority of State Governments can be overridden.

 

The NSC’s scope of authority over matters of “national security” is expansive.  As the term “national security” is not explicitly defined in the NSC Act, the NSC would be able to treat almost any matter as one of national security.  

Further, the NSC (and in effect the Prime Minister) has extremely wide discretion to declare an area as a security area.  The Prime Minister may also extend the period of such declaration for an unlimited number of times, and therefore for an indeterminate duration that could extend for years.

 

The NSC Act enables the Prime Minister, either unilaterally or through the NSC, to exercise authoritarian executive powers.  These powers are in effect emergency powers, but without the need for a proclamation of an emergency under Article 150 of the Federal Constitution.  This usurps the powers vested in the Yang di-Pertuan Agong in, and violates the provisions of, Article 150 of the Federal Constitution.  The Act is therefore of questionable constitutional validity.  

 

Moreover, the extensive powers under the Act effectively resurrect the powers granted to the Government under the Emergency Ordinances, which were repealed by Parliament in 2011.

 

The Government’s refusal to engage meaningfully with critics of the NSC Act, and its disregard for constitutional safeguards, are ominous. These have all the hallmarks of authoritarianism.

 

 

Steven Thiru

President

Malaysian Bar

 

15 June 2016

---

[1] “​Rulers feel some provisions of security bill should be refined”, Borneo Post, 18 February 2016.

[2] “​Govt to review controversial bill: Apandi”, My Sin Chew, 19 February 2016.

[3] Ibid.

By-Elections, Opposition Parties, Voter Concerns?

Well, two by-elections in Malaysia - but our worry is that it may fracture Opposition and 'decrease' Opposition support, but the focus should have been more on the defeat of the Barisan Nasional, shouldn't it?

Let's look at the Malaysian Opposition parties

PAS - well, that is maybe the biggest Opposition party in term of membership, and is the most active still at the grassroot levels as seen by the multitudes of ceramah and activities all over the country every week...But alas, PAS will suffer the effect of the demise of Nik Aziz, the 'sacking' of Husam Musa or the manner in which it was done, and most recently - that very bad timing with that 'Syariah Bill' (a private members Bill, that usually will never get to see the light of day but which this time 'smartly' the BN pushed up the list...and it has made headlines and became a 'major' issue according to the media at least...). PAS also made a large mistake by tabling and passing that Resolution at its AGM regarding working with DAP - they should have just stopped with words - but alas, a Resolution is binding.

DAP would be also a 'strong' Opposition with has been consistent historically - and as such has the trust of Malaysians. DAP also has the benefit of having a large number of prominent MPs and ADUNs who are active in not just responding to issues in their constituency but also with regard to national issues - a range of issues. They do speak out...

PKR - well, this would the weakest of the Opposition although initially there was a lot of hope. PKR seems to be more concerned with the Anwar issue, and safe for Rafizi seems to be not taking up issue. Their MPs and ADUNs also do not grab the limelight and at the ground level also there seem to be little or no activities. Is PKR growing in membership, branches and divisions? Well, it looks like it is not? PKR seem to be operating on a 'all MP/ADUN keep quite - let the leaders speak, and you all can simply echo that...' policy. Hence, how many PKR MPs do you know? How many PKR MPs stand out? Now with the Citizens Declaration - one wonders whether PKR now has a new defacto leader in Azmin? PKR also would be suffering by reason of the 'Kajang Move' and the ouster of Khalid - well, Khalid also did have a significant following? 

Amanah - well, a break away from PAS - but what really is the issue that made them break away from PAS? Was it a matter of principle? Well, sadly it seems to simply be those who stood for election and lost... Will Amanah survive? Well, in Sarawak Elections, where there were PAS and AMANAH candidates - the result show clearly that PAS certainly has much more support than AMANAH. 

These 2 by-elections is important for AMANAH - the results determine who has the more support PAS or AMANAH  - or really AMANAH(with the support of PKR and DAP) or PAS? Both DAP and PKR were smart not to go against PAS in these by-elections...they let AMANAH do it...? So the results may show this, would it not? In any even, I believe that Amanah will not survive long but will fade away - possibly absorbed by PKR at a later date, or maybe some choosing to go back to PAS.

Might have been good if the both PKR and DAP also put candidates - then, we would finally see which of the Opposition parties really enjoy most of the support...wouldn't we? But now...really no conclusions will be derived?

What was Pakatan Rakyat? A coalition like the Barisan Nasional or merely an electoral pact? Well looking at how the different Opposition States under different MB/CM from different parties were ruled, it seems that there is no common agenda or policy - it all seems to depend on who is the then Menteri Besar or Chief Minister?

Now we have a new 'Pakatan Harapan'? Any better? 

In these by-elections, it becomes obvious that PKR certainly do not want to break ties with PAS - just visit PKR media site - how many media statements or reports about support for the Amanah candidates...

DAP also is not too keen to worsen relations with PAS - after all, at the end of the day, come next General Elections, the chances of the Opposition would be slim if it is a 3-corner fight?

PAS is also weaker today, thanks also to the re-surfacing of the syariah or hudud law... PAS forgets how it managed to lose Trengganu because when that elections came around, there was also much talk about Islamic State. Was there a rejection of a more conservative Islamic State by the people?

But then, an observation of Kelantan will show that really PAS too does not intend an Islamic State - maybe the incorporation of more Islamic values and principles, which really is not that much of a problem because when it comes to values and principles, there so much in common in all religions and cultures.

Now, for the Opposition parties to move forward, there must be real policies and alternatives promised. Malaysians really do not just want a more 'clean, efficient and trustworthy' government compared to the Barisan Nasional ; they are looking for more...

Healthcare - Will the Opposition parties make heart healthcare once again affordable to the ordinary Malaysians who are not public servants? Now, for other than public servants, the charges are thousands and tens of thousands of ringgit?

Education - Will there be changes in the syllabus?  

Taxation - will there be higher taxes for the very rich? 

POOR and MARGINALIZED - will there be an option in favour of this category. It is disturbing that Malaysia may now have their own 'homeless'...

Labour - Will the Opposition abolish the 'contractor for labour' system? Will the Opposition promote regular employment until retirement - abolishing or restricting the use of short-term contracts?  

What are the laws that will be repealed? 

Worker Rights - Selangor, Penang and the Opposition States could have put a condition that worker and trade union rights should be respected as a condition for business permits, or permission to do business in the States >> but I do not think that they even did that, which was so simple...      

See also:-PKR,DAP,PAS,....- no clear policies or action plans? How do Malaysians choose?

Will Selangor amend its constitution, to be in line with the Federal Constitution, to enable the ADUN with the confidence of the majority to be the Menteri Besar irrespective of religion, ethnicity and gender? Remember, the majority wanted Wan Azizah as Menteri Besar - but alas, they compromised, and now we have Azmin > was gender a factor?  

So, what should the voters in these 2 by-elections do?  

By 2018, we will be having our next General Elections - will that have a factor in these by-elections? Will the voters choose to express their feelings about the BN not now but maybe at the next GE?

Retaliation Against Thai HR Defenders Pornpen, Anchana and Somchai Most Disturbing?

Joint Statement – 13/06/2016

Statement on the Reprisals against Human Rights Defenders, Ms. Pornpen Khongkachonkiet, Ms. Anchana Heemmina, and Mr. Somchai Homlaor

We, the undersigned civil society groups, are gravely concerned about the legal action taken by the Royal Thai Army for criminal defamation and Computer Crimes Act violations against Woman Human Rights Defenders (WHRD) Ms. Pornpen Khongkachonkiet, Ms. Anchana Heemmina, and HRD Mr. Somchai Homlaor.  Ms. Pornpen, is the Director of the Cross Cultural Foundation – an organization which monitors and documents cases of torture and ill-treatment in Thailand. Mr. Somchai, is the President of the Cross Cultural Foundation, and Ms. Anchana is director of Duay JaiGroup (Hearty Support Group) – a local organization based in Thailand’s ‘Deep South’, which supports people who suffer from the justice system in national security cases. 

All three are co-editors of a report, Torture and ill treatment in The Deep South Documented in 2014-2015[1] documenting 54 cases of inhumane treatment in detention, launched on 10^th February 2016. The research and report was partly funded by the United Nations Voluntary Fund for Victims of Torture, established under the General Assembly resolution 36/151 in 1981, thus under the United Nations (UN) Human Rights Council Resolution 12/2 these HRDs and their colleagues are “individuals who cooperate with the United Nations, its representatives and mechanisms in the field of Human Rights.” 

Pornpen Khongkachonkiet

On 8^th June 2016, Internal Security Operations Command Region 4 (ISOC 4) gave information to Ms. Pornpen through a phone conversation that ISOC 4 sought the power of attorney from the Royal Thai Army and submitted a complaint to Yala Mueang Police Station on 17^th May 2016 for criminal defamation and computer-related violations by the three HRDs. The charges are for alleged criminal defamation under Article 328 of the Thai Criminal Code, and violation of the Computer Crimes Act (2007), Article 14(1)[2]. We are disturbed regarding information that authorities have already interrogated six witnesses. The Police case file is No. 704/2559. 

Anchana Heemmina

This judicial action has been taken despite the Human Rights Defenders’ best efforts to engage authorities on the evidence of torture and ill-treatment presented in the report. Namely, the report was sent to Army Lt Gen Wiwat Pathompak, Commander of the 4th Army Region, on 8th January 2016, one month before its publication. However, high-ranking military government officials have publicly dismissed the accuracy of the report and questioned the intentions of the civil society organisations who compiled the report. Furthermore, Ms. Anchana, WHRD working in Thailand’s ‘Deep South’, faced summons to an Army camp, lengthy questioning by Army officers, and close physical surveillance and intimidation by unidentified, uniformed men[3].

Somchai Homlaor

We deem this action by the Royal Thai Army to be a prompt reprisal against civil society groups seeking to bring to the authorities’ attention the continued abuse of power and ill-treatment of detainees in Thailand. The Royal Thai Army has taken these actions at a time when it the Thai military government has renewed the Thailand’s international commitments to abolishing the use of torture. On 11^th May 2016, at the United Nation’s Universal Periodic Review (UPR) of Thailand 12 UN member states issued recommendations directly relating to the prevention of torture and access to justice for survivors of torture. 

Furthermore, on 24^th May 2016 the Thai military government issued a Cabinet Resolution stating that they will pass a Prevention of Torture and Enforced Disappearance Act. It is troubling that the Royal Thai Army has ordered the legal pursuit of HRDs who have been supporting victims of torture as well as pushing at many levels for policy reform and state action to prevent torture and provide justice to survivors. 

We deem the Royal Thai Army’s action to be an unreasonable, arbitrary, and heavy-handed attempt to silence all complaints of allegations of torture against the authorities. By quashing Ms. Pornpen, Ms. Anchana, and Mr Somchai’s efforts to support torture victims to publicly complain about Human Rights violations by authorities, the Royal Thai Army is seeking to make it more than impossible for torture victims to voice their complaints. Moreover, this is a deplorable act by the Royal Thai Army as it aims to further intimidate existing and potential victims of human rights violations to not report these violations. 

Instead of suppressing the work of Human Rights Defenders, such as Ms. Pornpen, Ms. Anchana, and Mr. Somchai, the Royal Thai Army should, as New Zealand recommended at the UPR, “Promptly investigate and prosecute all allegations of torture and extrajudicial killings,” and as Canada recommended, “Create an independent body to investigate all torture allegations, including in Thailand’s Deep South, and bring perpetrators to justice.”

This judicial harassment constitutes a direct infringement of Ms. Pornpen, Ms. Anchana, and Mr. Somchai’s right to work as a Human Rights Defender in Thailand. As stated in Article 1 of the UN Declaration on Human Rights Defenders “Everyone has the right to (individually and in association with others) promote and to strive for the realization of Human Rights and fundamental freedoms at the national and international level.” We believe that the filing of this criminal legal case against Ms. Pornpen, Ms. Anchana, and Mr. Somchai was undertaken with the purpose of retaliation and that it is in response to the three HRDs peaceful and legitimate activities to hold authorities to account for cases of human rights violations, including torture, in Thailand’s ‘Deep South.’

We call on the Royal Thai Army to:

-   Immediately and unconditionally withdraw the legal action against Ms. Pornpen, Ms. Anchana, and Mr. Somchai. Such legal action against the legitimate work of HRDs is against the public interest.

-      Ensure that no further retaliation is carried out or allowed to happen in the future against HRDs, ill-treatment and torture victims, their colleagues and families. 

We call on the Thai military government to:

-      Respect the universally recognized rights, duties and obligations of everyone and organizations to highlight information about Human Rights violations and injustices to the public, as stated in the UN Declaration on Human Rights Defenders; 

-     Ensure that all persons affected by torture and other human rights violations receive justice, including first and foremost the right to complain which must be respected at all times. 

-    Ensure the implementations of recommendations it accepted during the recent UPR with regard to HRDs.

Signed by:

Organisations

Thailand

Aanglumphong Conservation Groups and Archaeological Site กลุ่มอนุรักษ์สิ่งแวดล้อมอ่างลำพอกและโบราณสถาน สุรินทร์

Assembly of the Poor สมัชชาคนจน กรณีเขื่อนปากมูล

Centre for Community Rights to Manage Natural Resources, Chi Basin ศูนย์พิทักษ์สิทธิการจัดการทรัพยากรชุมชนลุ่มน้ำชี

Center to Study and Develop Law for Human Rights ศูนย์ศึกษาและพัฒนานักกฎหมายเพื่อสิทธิมนุษยนชน

Centre to Study and Ecology Habitation of Community Culture in Phetchabun ศูนย์ศึกษาและฟื้นฟูนิเวศวัฒนธรรมชุมชนเทือกเขาเพชรบูรณ์

Chi Basin Network, Yasothon เครือข่ายน้ำชี จังหวัดยโสธร

Community Resource Centre (CRC) มูลนิธิศูนย์ข้อมูลชุมชน

Campaign Committee for Human Rights (CCHR)คณะกรรมการรณรงค์เพื่อสิทธิมนุษยชน (ครส.)

Empower Foundation เอ็มพาวเวอร์

E-saan Human Rights and Peace Information Centre ศูนย์ข้อมูลสิทธิมุษยชนและสันติภาพ

E-saan Land Reform Network เครือข่ายปฎิรูปที่ดินภาคอีสาน

E-saan Network on Natural Resources and Environmental เครือข่ายทรัพยากรและสิ่งแวดล้อมภาคอีสาน

Foundation for Muslim Attorneys Center มูลนิธิเพื่อศูนย์ทนายความมุสลิม

Foundation for Women มูลนิธิผู้หญิง

Gender equality promoting foundation มูลนิธิส่งเสริมความเสมอภาคทางสังคม

Human Rights Lawyers’ Association (HRLA) สมาคมนักกฎหมายสิทธิมนษยชน

Land Watch Working Group กลุ่มจับตาปัญหาที่ดิน

Mplus Foundation

Namoon Environmental Conservation Group กลุ่มอนุรักษ์สิ่งแวดล้อมบ้านนามูล-ดูนสาด

Network of Indigenous Peoples in Thailand (NIPT) เครือข่ายชนเผ่าพื้นเมืองแห่งประเทศไทย (คชท.)

Network of Thaiban People Deprived of Rights เครือข่ายไทบ้านผู้ไร้สิทธิ์ สกลนคร

People’s Empowerment Foundation

Prorights Foundation มูลนิธิส่งเสริมและคุ้มครองสิทธิมนุษยชน

Southern Peasant Federation of Thailand (SPFT) สหพันธ์เกษตรกรภาคใต้ – สกต

Saiburi River Association สมาคมลุ่มน้ำสายบุรี

Thai Committee for Refugees Foundation (TCR)

Thai Development Support Center (TDSC) ศูนย์เผยแพร่และส่งเสริมงานพัฒนา(ผสพ)

Thai Working Group for ASEAN Human Rights Mechanism คณะทำงานไทยเพื่อกลไกสิทธิมนุษยชนอาเซียน

Togetherness for Equality and Action (TEA) โรงน้ำชา

Udonthani Environmental Conservation Group กลุ่มอนุรักษ์สิ่งแวดล้อมอุดร

Union for Civil liberty (UCL) สมาคมสิทธิเสรีภาพของประชาชน

WARTANI Media Agency สำนักสื่อ Wartani

WE PEACE สมาคมผู้หญิงเพื่อสันติภาพ

Women Struggle for Livelihood กลุ่มหญิงสู้ชีวิต.

WeMove ขบวนผู้หญิงปฎิรูปประเทศไทย

Women Network for Advancement and Peace เครือข่ายผู้หญิงเพื่อความก้าวหน้าและสันติภาพ

Work and Environment Related Patient's Network of Thailand (WEPT สภาเครือข่ายกลุ่มผู้ป่วยจากการทำงานและสิ่งแวดล้อมแห่งประเทศไทย)

Beyond Thailand

Association of Human Rights Defenders and Promoters (HRDP, Myanmar)

Centre for Independent Journalism (Malaysia)

Center for Sustainable Development in Mountainous Areas (CSDM, Vietnam)

Center for Women's Global Leadership (USA)

LBH Masyarakat (Community Legal Aid Institute, Indonesia)

Malaysians Against Death Penalty and Torture (MADPET)

Malaysian Humanist and Rationalist Movement (MyHARAM)

National Free Trade Union (Sri Lanka)

North South Initiative (Malaysia)

PINAY (Filipino Women’s Organization in Quebec)

PUSAT KOMAS (Malaysia)

Safety and Rights Society (Bangladesh)

The Vietnam Committee on Human Rights (France)

Think Centre (Singapore)

Vietnam Indigenous Knowledge Network (VTIK)

Vietnamese Women for Human Rights (VNWHR)

Workers Hub For Change (WH4C, Malaysia)

Regional/International

Amnesty International

ASEAN Youth Forum

Asia Indigenous Peoples Pact (AIPP)

Asia Pacific Forum on Women, Law and Development (APWLD)

AWID

Civil Rights Defenders

FIDH, within the framework of the Observatory for the Protection of Human Rights Defenders

Focus on the Global South

FRIDA | The Young Feminist Fund

International Labor Rights Forum (ILRF)

Migrant Forum in Asia (MFA)

Nazra for Feminist Studies

Network of Patani's Citizens Outside the Motherland

Protection International

Southeast Asian Press Alliance (SEAPA)

The Asian Forum for Human Rights and Development (FORUM-ASIA)

UPR Info AsiaUrgent Action Fund for Women's Human Rights

Urgent Action Fund Latin America

Women Living Under Muslim Laws

World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders

Individuals

Ms.  Kanungnit Makchuchit  คนึงนิจ  มากชูชิต

Ms. Naiyana  Waikham นัยนา  หวายคำ

Ms. Chantawipa   Apisuk จันทวิภา อิสุข

Mr. Jumpol  Apisuk จุมพล อภิสุข

Mr. Bordin Saisaeng Researcher, Institute of Human Rights and Peace Studies, Mahidol University บดินทร์ สายแสง สถาบันสิทธิมนุษยชนและสันติศึกษา มหาวิทยาลัยมหิดล

Chompunut Chalieobun ชมพูนุท เฉลียวบุญ

Dr. Eakpant Pidavanija Lecturer, Institute of Human Rights and Peace Studies, Mahidol University เอกพันธุ์ ปิณฑวณิช สถาบันสิทธิมนุษยชนและสันติศึกษา มหาวิทยาลัยมหิดล

Mr. Ismail Hajiwaechi นายอิสมาอีล ฮายีแวจิ 

Assistant Professor Dr Naruemon Thabchumpon, Political Science Faculty, Chalulongkron University ผศ.ดร. นฤมล ทับจุมพล คณะรัฐศาสตร์ จุฬาลงกรณ์มหาวิทยาลัย

Lecturer Ngamsuk Rattanasatian Lecturer, Institute of Human Rights and Peace Studies, Mahidol University งามศุกร์ รัตนเสถียร สถาบันสิทธิมนุษยชนและสันติศึกษา มหาวิทยาลัยมหิดล

Mrs. Ruengrawee Pichaikul นางเรืองรวี พิชัยกุล

Sor Rattanamanee Polkla, Lawyer

Thaweesak Pi, Social Activist นายทวีศักดิ์ ปิ นักกิจกรรมทางสังคม

Victor Bernard

William Nicholas Gomes, Human Rights Defender and Freelance Journalist, UK

Yuyun Wahyuningrum, Senior Advisor on ASEAN and Human Rights, Human Rights Working Group (HRWG, Indonesia)

ANNEX 1 - Human Rights Defender Profiles

Ms. Pornpen is a leading Human Rights Defender in Thailand who has been involved in various Human Rights issues both in Thailand and the region, including women’s rights, indigenous rights and preventing forced disappearances. Her work serves the public interest by ensuring that authorities are held accountable and pressuring authorities to unconditionally respect the Human Rights of all. As Director and President of the Cross Cultural Foundation, Ms. Pornpen and Mr. Somchai have constantly been monitoring and documenting cases of torture and Human Rights violations in Thailand’s southernmost provinces and other parts of the country

Mr. Somchai is a seasoned and respected Human Rights lawyer in Thailand, who has been fighting to defend people’s Human Rights for the past 25 years. He was a Commissioner for the Law Reform Commission of Thailand until it was disbanded by the current military regime. Furthermore, as president of the Cross Cultural Foundation he has been a key figure forging bridges across Thai society. Cross Cultural Foundation organises educational activities, as well as research and legal support to promote people’s Human Rights, especially in Thailand’s southernmost provinces which are in a state of prolonged armed conflict. In September 2014, both Ms. Pornpen and Mr. Somchai, as well as their organization, faced a criminal defamation and computer-related crimes charge filed by Army Task Force 41. The case was eventually dropped by decision of the state prosecutor in June 2015 following an international campaign denouncing the Thai Army’s harassment and intimidation of these HRDs for their legitimate and crucial Human Rights work.

Ms. Anchana is Director of Duay Jai Group which has been working with victims of ill-treatment in national security cases since January 2010, in Thailand’s southernmost, conflict-affected regions. Following the release of the report on torture cases, on 14^th February, Col. Suratep, Head of the Civil Society Organisations unit under the Internal Security Operations Command ('ISOC'), contacted Ms. Anchana and other activists who were involved in compiling the report and summoned them for a discussion. Ms. Anchana presented herself at Sirinthon Army Camp in Yala Province for the discussion with seven security officers. The meeting lasted two and a half hours, during which the officers questioned Ms. Anchana about the cases in the torture report. The officers expressed their discontent with the report and requested the human rights defender to henceforth submit all of her publications to the ISOC prior to their release. Ms. Anchana refused to do so. Thai Lawyers for Human Rights (TLHR)[4] reported that at about 5 pm on Friday, 19^th February 2016, a group of ten men in green uniforms visited the home of Ms. Anchana, in Songkhla Province, but only Ms. Anchana’s mother was home. Without presenting any warrant, they claimed to be border police officers and asked about Ms. Anchana’s work and her personal information. The activist’s mother reported that the men took pictures of her and the house. She added that before they left they told her to inform Ms. Anchana not to use Line, a chat application, or Facebook.

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[1]               https://voicefromthais.files.wordpress.com/2016/02/torture-report-english-as-of-10-feb-2016-realeased-version.pdf [in English]

[2]               Computer Crimes Act, Article 14.1
“Whoever commits the following offences, shall be punished with imprisonment not exceeding five years and fin not exceeding on hundred thousand baht or both:
(1) input, into computer system, forged computer data in whole or in part or false computer data in a manner likely to cause injury to another person or the public;”

[3]               See Annex 1 – Human Rights Defender Profiles for more details.

[4]               Source: https://tlhr2014.wordpress.com/2016/02/20/south_threaten/