ON HUMAN RIGHTS, JUSTICE AND PEACE ISSUES, LABOUR RIGHTS, MIGRANT RIGHTS, FOR THE ABOLITION OF THE DEATH PENALTY, TOWARDS AN END OF TORTURE, POLICE ABUSES, DISCRIMINATION...
UMNO mahukan kes mahkamah melibatkan ahli politik UMNO diberhentikan? Adakah UMNO juga mahu kerajaan PN mematikan Mahkamah Rayuan membatalkan sabitan dan hukuman Mahkamah Tinggi dalam kes Najib?
ISU - haruskah polis, pihak penguatkuasa, pendakwa raya dan Hakim diberikan kebebasan bertindak hanya berasaskan undang-undang dan keadilan TANPA apa-apa arahan daripada ahli politik atau kerajaan semasa? Atau kerajaan berhak menuntut pendakwaraya dan Hakim bertindak atau membuat keputusan berasaskan arahan kerajaan semasa?
Haruskah semua orang, tak kira Perdana Menteri atau MP, menerima layanan sama. Bila melakukan kesalahan (atau disyaki melakukan kesalahan) disiasat, didakwa dan dibicarakan sama saperti semua orang lain?
Malaysia yang rakyat mahu apa?
Bila menang pilihanraya dan menjadi kerajaan, kerajaan boleh memastikan ahli politik/Menteri tidak disiasat polis, tidak didakwa di Mahkamah...
Bila menang pilihanraya dan menjadi kerajaan, kerajaan boleh dapat pengampunan untuk ahli politik mereka yang sudah didapati salah Mahkamah dan menjalankan hukuman?
Ahmad Maslan: Kes mahkamah 'zalim' punca Umno tak puas hati dengan PN
Diterbitkan
Dikemaskini 6 Jan 2021, 3:32 pm
Salah
satu sebab utama Umno tidak puas hati dengan kerajaan Perikatan
Nasional (PN) adalah kerana langkah PN untuk meneruskan kes mahkamah
terhadap parti tersebut dan para pemimpinnya, dedah Setiausaha Agung
Umno Ahmad Maslan.
Ahmad - salah seorang pemimpin Umno yang
dihadapkan ke mahkamah - berkata perkara itu sebenarnya mengatasi rasa
tidak puas hati Umno dalam soal agihan jawatan dalam kerajaan.
“Satu
lagi rasa tidak puas hati ialah bukan kerana jawatan sangat, tetapi
kerajaan sekarang meneruskan kezaliman kerajaan dahulu. Ini tak wajar
dibuat.
“Kes-kes yang dibawa ke mahkamah ini ialah kezaliman zaman
(bekas perdana menteri) Dr Mahathir Mohamad, (bekas peguam negara)Tommy
Thomas dan (bekas ketua pesuruhjaya SPRM) Latheefa Koya.
“Mahathir
dah tak ada dalam kerajaan, Tommy Thomas tak tahu ke mana, Latheefa
Koya pun tak tahu pergi mana. Tetapi kenapa kes yang mereka bawa ini
diteruskan?” soalnya dalam satu dialog dua hari lalu.
Katanya
lagi, penerusan kes-kes tersebut menandakan kerajaan sekarnang juga
bertindak zalim, justeru PRU perlu diadakan untuk memilih kerajaan baru.
Ahmad
kini sedang dibicarakan atas dakwaan gagal mengisytiharkan RM2 juta
yang diterimanya daripada perdana menteri ketika itu, Najib Razak kepada
Lembaga Hasil Dalam Negeri (LHDN) pada 2013.
Selain Ahmad,
pemimpin Umno lain yang dibicarakan atas tuduhan rasuah termasuk Najib,
presiden Ahmad Zahid Hamidi dan bekas pengerusi Felda Shahrir Samad.
Ketika
kerajaan PN ditubuhkan Mac tahun lepas, Perdana Menteri Muhyiddin
Yassin menegaskan yang dia akan membentuk kabinet yang bersih dan
meneruskan agenda antirasuah.
Dalam sesi dialog itu, Ahmad yang
merupakan ahli parlimen Pontian merujuk kompaun dan permohonan
pelucuthakan yang dimulakan SPRM terhadap mereka yang didakwa menerima
wang yang dikaitkan dengan dana 1MDB daripada Najib.
Kompaun itu
dikeluarkan di bawah Akta Pencegahan Pengubahan Wang Haram, Pencegahan
Pembiayaan Keganasan dan Hasil Daripada Aktiviti Haram (Amla) .
“Ada
yang dapat RM50,000 daripada presiden (Najib), tetapi disuruh bayar
kompaun RM2.5 juta. Itu kegilaan yang melampau dan kezaliman yang tahap
tinggi,” dakwa Ahmad.
Bagaimanapun dakwaan itu ada kemugkinan salah.
Seksyen 92(1) Amla menyatakan bahawa kompaun hanya boleh dikenakan tidak lebih 2.5 kali ganda daripada jumlah yang diterima.
Ini bermakna pihak yang menerima dana haram berjumlah RM50,000 hanya boleh didenda dengan kompaun sehingga RM125,000 sahaja.
Bagaimanapun, seorang pemimpin Umno - Shahrir Samad - dikenakan kompaun RM2.5 juta.
Shahrir
berdepan tuduhan pengubahan wang haram dengan menerima RM1 juta wang
berkaitan 1MDB daripada Najib, dan ditawarkan untuk membayar kompaun
RM2.5 juta daripada SPRM.
Dia sedang mencabar tuduhan itu di mahkamah.
Hari ini, Majlis Tertinggi Umno akan mengadakan bagi membincangkan usul yang disokong 189 daripada 191 bahagian parti, untuk memutuskan hubungan kerjasama dengan Bersatu dalam PRU akan datang.- Malaysiakini, 6/1/2021
When we come into power, we will make sure those in the Opposition will be investigated, charged in court, tried, found guilty and sentenced severely?
When we come into power, we will make sure that investigations against OUR party members are stopped? Cases-dropped, Convictions and sentences overturned on appeal? Our politicians and friends are pardoned?
One
of Umno's key gripes with Perikatan Nasional is the latter's decision
to continue with court cases against the party and its leaders, revealed
its secretary-general Ahmad Maslan.
Well, one of the first things that Pakatan Harapan did was to move to get Anwar Ibrahim pardoned - and released from prison, and restrictions to contest immediately removed.
When Najib was PM, the then Attorney General(also Public Prosecutor) saw no need for Najib to be charged, tried...and when PH came into power, Najib was charged and tried, and even have been CONVICTED and SENTENCED by the High Court in one of several cases...he is appealing now. Since, the UMNO-BN is back in government, will the Court of Appeal now overturn the conviction in Najib's case - and find him NOT GUILTY. Interestingly, many Malaysians believe that this would happen?
Now, is UMNO wanting all cases against UMNO politicians and friends dropped...case discontinued and ACQUITTED ...?????
It is depressing if the Malaysian police, anti-corruption officers, public prosecutors and the Judges are seen to be NOT INDEPENDENT and can be directed/pressured by politicians or the government for the benefit of fellow politicians and their 'friends'
Was it good then when the UMNO-BN was ousted from the seat of government - then there was a 'cleaning-up' and their politicians who were 'protected' could finally be investigated, charged, tried ---face JUSTICE. Now, after PH Plus was ousted, maybe the 'crooks' who abused power, those who were corrupt and kleptocrats will also face JUSTICE - These practices are good as it can end abuses and corruption - and soon we will have a truly clean government in future Malaysia.
What is most sad is that these possible 'abuse of power' and/or 'corruption of the administration of justice' by politicians/parties in government was before merely a possibility - AND now, the UMNO Secretary General (not some minor UMNO member or politician) comes out stating that what we always feared may be true ....sad still, when after this was reported in the media, other UMNO key politicians failed to 'correct' or react ... So, one of the reason why UMNO is unhappy with Perikatan Nasional and/or PM Muhyiddin.....But are not our prosecution and courts independent?
What do you think about the court finding Najib guilty? Was it because he broke the law....or because he was in the Opposition(BN included)?
So many Malaysians still support Najib, who did not even admit his wrongdoings and apologize - one wonders what these Malaysians values are.
Are they saying it is OK for politicians to be corrupt, abuse the power and commit crimes?
If Najib admitted his mistake and apologized, then because of his 'Repentance'(INSAF), we can give him a 2nd chance and still support him.
To be fair, Anwar(who was also found guilty of corruption) has yet to repent and apologize...
Their stance is DENIAL - claiming 'political persecution'? Victims of injustice?
Politicians and government MUST NOT INTERFERE with prosecution and/or the Courts - they must not DIRECT that some not be investigated or charged or not prosecuted further...
The police and law enforcement officers, prosecutors and judges must be independent, and loyal only to Justice and Malaysia. They should not allow politicians/political parties or government of the day to interfere with the administration of justice.
We talk about EQUALITY - and we certainly do not want anyone ABOVE the law...And we want them no exemptions.
In fact, we want more DETERRENT SENTENCES for elected people's representatives, Ministers,etc who abuse their powers...steal from the people...especially when it involves the peoples' monies.
End HYPOCRISY - where ordinary people are subject to the administration of the justice - but not politicians and 'their cronies' who have been 'chosen' to govern. Ordinary man is arrested for not wearing face masks ...but do the politician also get arrested?
Come next election, I would try to pick my peoples' representative who is a person who has values, treats everyone equally...and who will not abuse their power to govern by enriching themselves or their 'party members', family and friends to the detriment of all of us.
Criminalize actions of police, prosecutors and judges who act not in accordance to law and justice, but as 'expected' or instructed by people in power/PM/politicians/etc. These offences should carry a deterrent sentence?
THE PEOPLE DECIDE ON WHAT KIND OF COUNTRY WE WANT - DO WE WANT THE POLITICIAN/PM/GOVERNMENT TO DECIDE WHO IS INVESTIGATED, CHARGED IN COURT...? DO WE...
'Cruel' court cases reason for Umno's gripe with PN, reveals Ahmad Maslan
Published
Modified 6 Jan 2021, 3:13 pm
124
One
of Umno's key gripes with Perikatan Nasional is the latter's decision
to continue with court cases against the party and its leaders, revealed
its secretary-general Ahmad Maslan.
Ahmad - who is one of Umno
leaders taken to court - said this outweighed the party's
dissatisfaction over positions in the government.
"One more
dissatisfaction is not so much about positions but that the government
now is continuing the cruelty of the past government.
"This should
not be [...] these cases brought to court were the cruelty from the
time of (former prime minister) Dr Mahathir Mohamad, (former
attorney-general) Tommy Thomas and (former MACC chief) Latheefa Koya.
"Mahathir
is no longer in government, and I don't know where Thomas and Latheefa
have gone but why have these cases continued?" he asked during a
dialogue on Monday.
He added that continuing the charges against
Umno leaders meant the current government is also cruel, thus
necessitating a general election so a new government can be elected.
Ahmad
is on trial for failing to declare RM2 million in income tax for 2013
over payments he received from then prime minister Najib Abdul Razak.
Najib (left) with Zahid
Besides
Ahmad, other Umno leaders on trial for corruption include party
president Ahmad Zahid Hamidi, former prime minister Najib Abdul Razak
and former Felda chairperson Shahrir Samad.
When the PN government
was formed in March last year, Prime Minister Muhyiddin Yassin stressed
that he would keep a clean cabinet and continue an anti-corruption agenda.
During
the dialogue event, Ahmad - who is Pontian MP - cited the compounds and
forfeiture suits initiated by the MACC against those accused of
receiving 1MDB-linked funds from Najib as an example.
The
compounds were issued under the Anti-Money Laundering, Anti-Terrorism
Financing and Proceeds of Unlawful Activities Act (Amla).
"There was one who received RM50,000 from the president (Najib) but was told to pay a compound of RM2.5 million," he claimed.
This is unlikely to be true.
Section 92(1) of AMLA states that compounds can only be a maximum of 2.5 times the amount received.
This means receiving RM50,000 of illicit funds can only be punished with a compound of up to RM125,000.
However, one Umno leader - Shahrir Samad - was issued a RM2.5 million compound.
Shahrir
was accused of money laundering in receiving RM1 million of 1MDB-linked
funds from Najib and was offered to pay a compound of RM2.5 million by
the MACC.
He is challenging the matter in court.
The Umno
supreme council will be meeting today to discuss a motion backed by 189
party divisions to sever ties with Bersatu in the next general election. - Malaysiakini, 6/1/2021
Many are talking about snap polls...PRU15 soon, etc and I am worried, because using the Covid-19 situation, and the fact that there have been 3 Proclamation of Emergency affecting 3 constituencies to allegedly delay the by-elections.. one must worry that the Prime Minister and current government may cause to be issued a new PROCLAMATION OF EMERGENCY affecting the entire nation, and Covid-19 will be the excuse...
Let us look at the Proclamation of Emergency for the Parliamentary Constituency of Batu Sapi, and we a perusal of the words of the actual proclamation raises concerns as there is no mention that the Proclamation is to postpone the by-elections to some other day when it is safer. There is also no mention of any end date.
BY HIS MAJESTY THE YANG DI-PERTUAN AGONG, BY THE GRACE OF ALLAH, SUPREME HEAD OF THE STATES AND TERRITORIES OF MALAYSIATUANKU AL-SULTAN ABDULLAH RI'AYATUDDIN AL-MUSTAFA BILLAH SHAH IBNI ALMARHUM SULTAN HAJI AHMAD SHAH AL-MUSTA'IN BILLAH,Yang di-Pertuan Agong
WHEREAS WE are satisfied that a grave emergency exists whereby the security, economic life and public order of a part of the Federation namely the Parliamentary Constituency of P.185 Batu Sapi, Sabah are threatened arising from the epidemic of an infectious disease namely Coronavirus Disease 2019 (COVID-19):
AND WHEREAS Clause (1) of Article 150 of the Federal Constitution provides that in the said circumstances WE may issue a Proclamation of Emergency:
NOW, THEREFORE, WE, AL-SULTAN ABDULLAH RI’AYATUDDIN AL-MUSTAFA BILLAH SHAH IBNI ALMARHUM SULTAN HAJI AHMAD SHAH AL-MUSTA’IN BILLAH, by the Grace of Allah, Yang di-Pertuan Agong of the States and territories of Malaysia, in exercise of the powers conferred on US as aforesaid PROCLAIM that a grave emergency exists and that this Proclamation shall extend throughout the Parliamentary Constituency of P.185 Batu Sapi, Sabah:
ISSUED at Our Istana Negara in Kuala Lumpur, the Federal Capital, this eighteenth day of November, two thousand twenty.
By His Majesty's Command
TAN SRI DATO' HJ. MAHIADDIN BIN MD. YASIN Prime Minister
The problem is after an Emergency is declared, when will it end. Our Malaysian experience is that it will take many many years after even long after the reason for the emergency is no more..
Local Council Elections also was 'suspended' because of 'confrontation' - and still, decades later, we do not enjoy the democratic right to vote in our peoples' representative in the Local Council (Local Government) - that power has been wrongly taken over by the State/Federal government.
Hence, is it a 'strategy' of PM Muhyiddin? BERSATU(who really do not have as many seats as its other coalition partners - BN and/or PAS to remain in power for an indefinite period?
If and when the sitting Prime Minister loses the confidence of the majority of the MPs, then he sees the King and resigns...paving the way for a new Prime Minister, someone who enjoys the confidence of the majority...
Wait, the PM can also ask the King to dissolve Parliament paving the way for a General Elections - PRU15.
The King decides - new Prime Minister or PRU15? What will it be...
Or, because of Covid-19, to prevent PRU15 now, then a a Proclamation of Emergency? If there be a Proclamation of Emergency, the Muhyiddin may be the 'interim' PM until Emergency is lifted - and PRU15 is called....when will that be? Well, it is anyone's guess.
UMNO(BN) and PAS may be OK to a multi-party government - but not to merge into one new party? - many knew that from the begining.
The attempt to form a new coalition called Perikatan Nasional(PN), which would mean the end of BN and/or PAS > but then BN and PAS are not too keen about such a move ...more so when a minority party like BERSATU may have to be given the leadership..
All in all, the Perikatan Nasional is maybe a 'temporary' name to describe the current government formed by a coalition of different political parties... No party, where every party has their own ideology and principles...which attracts their own members/support, would want to abandon this differences and lose their identity...
When BN formed - individual member parties lost out
They certainly do not want to end up like the Barisan Nasional - which at the end of the day is really an UMNO led and dominated coalition. The different member parties of BN, like even Gerakan and others, have simply lost their own ideology, stances, principles, etc. Gerakan, for a while, tried to maintain its own identity coming out with public position/stances that were different from the BN position/stances - but that is quite some time ago...
Other than UMNO, many BN party has lost out after they joined that coalition... they have lost their voice... UMNO managed to dominate it terms of agenda and directions ...the other 'minor' parties choose the right to be 'in power' - meaning the possibility of maybe holding some Ministerial position, or enjoying other benefits like monies allocated to BN MPs but not the Opposition.
Should elections (and/or by-elections) be delayed because of Covid-19?
NO - it should not. The Minister of Health has the power to create specific regulations for such elections...
Remember, Covid-19 has not stopped elections in many different countries - and it all went on smoothly...so, Malaysia's actions may not be justified. There could be new steps taken to keep voters safe from getting infected when they go to vote ...
But, then EC could set up possibilities for registered voters to vote where they are - without having to move between States/Districts to arrive back to the constituency to cast their ballot.
POSTAL votes can be extended to all that are not currently living within the constituency, can it not > and to enable the ballot paper to be posted to the voter, and posted back to be counted - the 'campaign period' should be extended to maybe at least 30 days.
Voting could happen over several days - this could limit the number of voters at any one polling station - there are so many possibilities... But then PM Muhyiddin and PN wanted to simply delay elections ...by emergency proclamations.
Pity the constituents affected by the Proclamation of Emergencies - they do not have a elected representative in Parliament/State Legislative Assembly?
EC conforms with Gerik, Bugaya emergency declaration, by-elections on hold
Wednesday, 16 Dec 2020 06:54 PM MYT
Election Commission chairman Datuk
Abdul Ghani Salleh speaks during a press conference in Putrajaya October
13, 2020. ― Picture by Choo Choy May
PUTRAJAYA, Dec 16 — The Election Commission (EC) conforms with the
declaration of Emergency Proclamation for the Gerik parliamentary
constituency, Perak and the Bugaya state constituency in Sabah, in
effect cancelling the by-elections for both seats, said its chairman
Datuk Abdul Ghani Salleh.
The Declaration of Emergency Proclamation based on Clause (1) of
Article 150 of the Federal Constitution allows an ordinance to be
proclaimed under Clause (2B) of Article 150 to revoke the date set for
the by-elections for Gerik parliamentary seat and Bugaya state seat,
after it received consent from the Yang di-Pertuan Agong Al -Sultan
Abdullah Ri’ayatuddin Al-Mustafa Billah Shah, he said.
“Following this declaration, any proceedings that have begun for the
purpose of holding the by-election for P.054 Gerik, Perak and N.66
Bugaya, Sabah, will not be continued and another date will be set for
the by-elections,” said Abdul Ghani in a statement today.
The EC had previously set the two by-elections to be held
simultaneously on January 16 following the deaths of the incumbents of
the two constituencies. The nomination date of the candidate is set on
January 4 while January 12 as the early voting date.
Prime Minister Tan Sri Muhyiddin Yassin, in a statement today, said
that His Majesty had consented to declare a state of emergency for the
two by-elections after studying the explanation presented by him that
there is a need to declare a Proclamation of Emergency based on Clause
(1) Article 150 of the Federal Constitution.
Muhyiddin said that the Cabinet on December 4 had discussed in detail
the impact of the Gerik and Bugaya by-elections, if held at the time
the Covid-19 pandemic was still spreading in the country.
The Gerik by-election is necessitated following the death of Datuk
Hasbullah Osman on November 16 due to heart disease, while the Bugaya
by-election follows the death of Manis Muka Mohd Darah on November 17
due to complications of kidney disease.
The Yang di-Pertuan Agong on November 18 declared a Proclamation of
Emergency for P.185 Batu Sapi, Sabah, thus canceling the by-election as a
proactive measure to curb the Covid-19 pandemic.
The Batu Sapi by-election was necessitated following the death of
incumbent Datuk Liew Vui Keong on October 2 due to a lung infection, and
the EC had previously set the nomination day for the Batu Sapi
by-election on November 23, polling day on December 5 and early voting
on December 1.
In Perak, new Menteri Besar Datuk Saarani Mohamad said that the
declaration of Emergency Proclamation for the Gerik parliamentary seat
by-election will definitely help curb the spread of the Covid-19
pandemic even though the area is located in the Pengkalan Hulu district
which is a green zone.
Saarani, who is also the Kota Tampan assemblyman (ADUN) said that if
the Gerik by-election is held, it will cause the influx of people from
outside the district and the situation could increase risk.
“Gerik area is a green zone but we need to take into account what
happened in Sabah when there was free movement during the election.
“If there is no contest, then it will be okay, but if there is a
contest then it will involve movement,” he said when met by reporters
after presenting the Perak Budget 2021 at the Perak Darul Ridzuan
Building here today.
Meanwhile, Perak DAP chairman Nga Kor Ming said the state Pakatan
Harapan welcomed the Emergency Proclamation, without commenting further.
— Bernama - Malay Mail, 16/12/2020
Rise
In Workplace Covid-19 Infections Demands Stricter Laws (Not Recommendations)
And Corrupt-Free Enforcement
Workplace
Clusters about 30% of all clusters in Malaysia
We, the 27 undersigned
groups, organisations and trade unions are appalled when it was reported a workplace
making glove was merely slapped with a RM1,000 fine for failing to comply with
Covid-19 preventive measures and providing seemingly poor living conditions for
workers.(Star, 25/12/2020).
RM1,000 is the fine or
compound levied on individuals who
breach the law for not wearing face masks and such offences. To fine an
employer the same RM1,000, when their failings put so many workers at risk or actually
getting infected by Covid-19 is a joke.
It was reported in that case
that ‘…there were no records of sanitization and disinfection that were
supposed to be carried out at least three times a day. “We also did not see any
measures on physical distancing in one of the dorms. There are markings for
physical distancing but in reality this did not happen…’ (Star, 25/12/2020)
Workers
have no choice but to do as employer demands
A person can comply with the
measures needed to avoid infections, but this does not apply to workplaces and
worker accommodation, where a worker is compelled to follow the orders or
instructions of their employers.
Workplace
specific laws/regulations that carry penalties for non-compliance
It is sad that despite calls
from many quarters, Malaysia has to date failed to enact laws or specific subsidiary
legislations for workplaces in relation to Covid-19, where a non-compliance
would be a breach of law, attracting prosecution and if found guilty a
sentence. What Malaysia has now is mostly mere Standard Operating Procedures (SOPs)
and Guidelines which unfortunately are merely recommendation or advice, where
non-compliance by the employer is not an offence punishable by law. A breach of
SOPs or Guidelines is not an offence with a stipulated penalty. This may
explain why companies wrongdoings in not protecting workers from Covid-19 seem
to simply attract reprimands or at most fines RM1,000. Even when fines are
imposed, it is not clear what precise law has been violated.
In relation to Covid-19, Malaysia
still relies on general law or regulation that applies to everyone, but there
are no workplace specific enforceable laws. There is a serious need for legally
enforceable workplace laws and/or regulations to prevent workers falling victim
to Covid-19 and other communicable diseases, despite the fact the government
had the opportunity to do so since March 2020.
OSHA
still no clear employer obligations to keep workers safe from Covid-19
The Malaysia’s Occupational
Safety and Health Act 1994(OSHA 1994), being the primary law imposing
obligations on employers to keep workers safe at the workplace, does include protection
from occupational diseases, which now should include Covid-19 and other person
to person serious communicable diseases. Sadly, OSHA 1994 still has no
definition or any list of occupational diseases that the employer is obligated
to protect workers from.
Social Security Act law
(SOCSO) has a list of occupational diseases, but the SOCSO law generally deals
with rights and compensations once infected, it does not impose employer
obligations to keep workers safe at the workplace.
The lack of definition of
occupational disease in OSHA could have easily been dealt with by an amendment to
include a definition occupational diseases. It could have been simply defined as
being the same as provided for in the SOCSO Act, or some other definition or
list. Then, employer’s obligation to keep workers safe from such diseases like
Covid-19 is made clear, and failure would be a crime punishable by law.
The Minister of Human
Resources under OSHA 1994 have the power, without having to get Parliamentary
approval, to make specific regulations and/or subsidiary legislations, which
could stipulate what employers need to do keep workers safe from even specific
diseases like Covid-19. Sadly, the Minister has still not done so.
In comparison, Singapore, since
the end March 2020, have the Infectious Diseases (Workplace Measures to Prevent
Spread of Covid-19) Regulations 2020. Malaysia should have similar laws. If the
Minister of Human Resource fails, then the Minister of Health could also do so.
The failure to have such
laws and regulations that will make it a crime may be the reason why workplace
employers and/or owners who endanger workers’ lives are getting away with
‘reprimands’ and small fines like RM1,000. Workers and their families are victims
because of government failure.
Workplace
Clusters about 30% of all clusters in Malaysia
Workplace clusters are about
a third of all clusters in Malaysia now (Malay Mail, 29/11/2020). The report
also stated that ‘334 Covid-19 clusters detected in Malaysia, more than a
third, or 119 clusters are related to infections at workplaces…. the five
workplace-linked clusters that have the highest number of cases are the Teratai
cluster (4,036 cases), Damanlela Construction Site cluster (1,539), Cergas
cluster (1,337), Hentian cluster (1,101) and Kaya cluster (900).
On Wednesday(16/12/2020),
eight new clusters were announced, out of which four were related to worksites:
Puncak Galaksi cluster involving Kuala Selangor and Klang (56 cases); Permai
cluster involving three construction sites in Lembah Pantai(48 cases); Matahari construction site
cluster in Titiwangsa (15 cases); and Laut construction site cluster involving
Lembah Pantai, Cheras and Kepong (eight cases).
The number of workplace clusters
continues to rise every day, and yet there is still a lack of deterrent laws
that would compel employers to better protect workers.
There were opportunities to
enact these new laws or make needed amendments when Parliament sat, but the present
government failed to do so.
Any
employers being charged for causing workers getting infected?
The lack of news of
employers who failed to keep their workers safe being charged in court, and
recent news of very low fines gives a perception that the Malaysian government
is pro-employer, and has little concern for workers’ safety and health. Mere
expression of anger by Ministers and politicians, without stricter laws and
better enforcement is meaningless.
Recent discoveries of so many
workplaces not in compliance with SOPs, Guidelines and even laws demonstrate
that these weak laws, advice and recommendations alone is insufficient – we
need laws with deterrent penalties and
efficient enforcements.
Without
enforcement, laws alone are not enough
Having laws alone is
inadequate without strict enforcement by the relevant Ministries and
departments. Corruption and influence are perceived to influence enforcement,
investigation and prosecution of employers.
Inadequacy of protection of
worker whistleblowers, as many workers are afraid to highlight wrongdoings of
employers for fear of retaliation and even termination of employment. The
recent termination of a worker at Top Glove who highlighted the working and
living conditions of workers at the workplace, and the lack of government
response only propagates a culture of fear amongst workers – who will continue
to work in law-breaking, unsafe and dangerous working and/or living conditions,
for fear of discrimination or termination if they highlight these wrongs.
Therefore, we
Call
on Malaysia to enact laws and regulations, where a non-compliance of the
employer’s legal obligation will be a crime, with a deterrent sentence.
Ineffective recommendations and/or advice through SOPs and Guidelines
should be replaced by enforceable subsidiary legislations or laws.
Call
for the imposition of deterrent punishments like prison terms for
Employers, Directors and officers responsible for violating laws,
including those that impact workers’ safety and health;
Call
for increased workplace inspection and indiscriminate enforcement,
especially before workers fall victim to Covid-19;
Call
for prosecution of corrupt law enforcement officers, who by their failings
undermine the protection of workers’ rights, safety and health
Call
for laws that protect workers that highlight rights violations at
workplaces and worker accommodations, and
Call for the protection and promotion of
worker rights and human rights
Charles Hector
Apolinar Z. Tolentino, Jr.
For and on behalf the
following 27
ALIRAN
BWI
AP (Building and Wood Workers International Asia Pacific Region)
WH4C
(Workers Hub For Change)
Association
Of Home And Maquila Workers (ATRAHDOM), Guatemala
Building
and Wood Workers Federation of Myanmar(BWFM)
China
Labour Bulletin (CLB)
Gender
Alliance for Development Center, Albania
Federasi
Serikat Buruh Kerakyatan(SERBUK) Indonesia
Friends
of Croatia
International
Black Women for Wages for Housework
Labour
Behind the Label, UK
MADPET
(Malaysians Against Death Penalty and Torture)
NAMM
(Network of Action for Migrants in Malaysia)
National
Union of Flight Attendants Malaysia (NUFAM)
National
Union of Transport Equipment & Allied Industries Workers (NUTEAIW)
Odhikar,
Bangladesh
Payday
men’s network UK/US
People
Like Us Support Ourselves (PLUsos)
Persatuan
Sahabat Wanita Selangor
Sabah
Timber Industry Employees Union (STIEU)
Sarawak
Dayak Iban Association (SADIA)
Saya
Anak Bangsa Malaysia (SABM)
Timber
Industry Employees Union of Sarawak (TEIUS)
Timber
Employees Union Peninsular Malaysia (TEUPM)
Union
of Forestry Employees Sarawak (UFES)
Women
of Color Global Women’s Strike
Lin
Chew, Independent
See earlier relevant post, especially the 1st two listed
Glove factory escapes shutdown with RM1,000 compound after raid
Published
Modified 25 Dec 2020, 1:46 pm
20
A rubber glove factory in Klang that was raided yesterday escaped shutdown and was instead fined RM1,000.
According to The Star,
the fine was for failing to comply with Covid-19 preventive measures
and providing seemingly poor living conditions for workers.
The raid was carried out by the Labour Department, Klang Municipal Council and the Klang District health office.
Sources
claimed that the factory management had been tipped off about the raid
by "government insiders", leading to an overnight clean-up of the
workers' dorms.
However, a spokesperson for the company denied this.
The spokesperson said while there was room for improvement with the dormitories, the workers did not complain.
Klang
District health officer Ili Syazwani Mohd Mashudi had said the health
office found several violations including a lack of regular sanitisation
and flouting of social distancing.
Human Resources Ministry
deputy director-general (operations) Mohd Asri Abdul Sahab also said
that some of the living arrangements, such as triple-decker beds, could
be dangerous to workers. - Malaysiakini, 25/12/2020
Covid-19: About 30% of clusters linked to the workplace, says Health DG
PETALING JAYA: Out of the 230 Covid-19 clusters that
have been reported since the start of the pandemic, about 30% are linked
to the workplace, says Tan Sri Dr Noor Hisham Abdullah.
The Health director-general said 62 clusters were found to be linked to the workplace, of which 37 clusters were still active.
“Two clusters were newly announced today, ” he said in a press briefing on Tuesday (Oct 27) at the ministry's headquarters.
Dr Noor Hisham said that employers and companies play a big role in curbing the transmission of Covid-19 virus in the workplace.
“Proactive measures taken by employers in conducting Covid-19
screenings for their workers can enable the detection of asymptomatic
positive cases among coworkers.
“This helps the Health Ministry
in conducting public health activities immediately. It is also able to
curb the spread of Covid-19 in a community, and protects these
individuals from high-risk groups, such as the elderly and children, ”
he said.
Employees, he said, also have a role to play by following the standard operating procedures (SOPs) in the workplace.
“A clean and safe work environment must become a normal occurrence to break the chain of transmission for Covid-19, ” he said. - Star, 27/10/2020
Majority of new Covid-19 clusters linked to workplaces [NSTTV]
PUTRAJAYA: Six out of eight Covid-19 clusters detected in the country as of noon today are linked to workplaces.
Health director-general Tan Sri Dr Noor Hisham Abdullah said the
total number of active clusters in the country currently stands at 201.
"The Pekapuri cluster is a workplace cluster involving the Gombak
district in Selangor. The cluster recorded positive cases on Dec 21
after targeted screening at the workplace.
"As of Dec 21, of the 769 individuals screened, 202 tested positive
for Covid-19 under this cluster," he said, during a press conference,
here, today.
Another workplace cluster, Batu Besar in the Klang district, was
detected on Dec 18, also after a targeted screening at the workplace.
Of the 546 individuals screened, 59 tested positive under this cluster in the past 24 hours.
The Tower cluster is another workplace cluster in Gombak, Hulu Langat
and Sepang in Selangor; Titiwangsa and Cheras districts in Kuala
Lumpur; and alsoTemerloh district in Pahang.
As of Dec 21, some 1,154 individuals have been screened, of which 20 turned out positive.
The Kepong district in Kuala Lumpur also recorded a workplace cluster
today. The Pelangi construction site cluster logged 23 positive cases
today after 142 individuals were tested during a targeted screening
exercise at a construction site.
As for the Wawasan cluster, Dr Noor Hisham said the index case
(Case-88,426) tested positive for Covid-19 on Dec 17 through a screening
of symptomatic individuals.
"The cluster involves the Petaling district, Selangor; the Lembah Pantai district in Kuala Lumpur and also Putrajaya.
"As of Dec 21, some 44 individuals have been screened, and six of them tested positive under this cluster," he said.
Meanwhile, the Delima cluster involved the Titiwangsa district in
Kuala Lumpur as well as the Gombak and Hulu Langat districts in
Selangor.
"The index case for this cluster (Case-84,410) tested positive on Dec
14. As of noon today, eight out of the 51 individuals screened tested
positive," he said.
Penang also reported a workplace cluster called the May Indah
cluster, involving the Timur Laut, Barat Daya, Seberang Perai Utara,
Seberang Perai Tengah and Seberang Perai Selatan districts.
"The first two cases for this cluster (Case-78,218 and Case-78,219)
tested positive on Dec 10 after a targeted screening at the workplace.
"As of today, 27 of the 132 individuals screened were found positive," he said.
Another workplace cluster known as the J Bandar cluster emerged in
Labuan after the index case (Case-87,879) tested positive on Dec 16
during a targeted screening exercise at the workplace.
As of noon today, 25 out of the 84 individuals screened tested positive for Covid-19 under this cluster.
Six clusters ended today, namely the Teja Kasih, Permatang, Kejora, Bayan, Numbak and Danau clusters.
Health
director-general Tan Sri Dr Noor Hisham Abdullah said the total number
of active clusters in the country currently stands at 201. -
NSTP/LUQMAN HAKIM ZUBIR - NST, 21/12/2020
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BN-PN topple PH in Negeri Sembilan
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China and HK may be barred from Asia Team meet
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PRU14 - Keputusan TEMERLOH - Parlimen dan DUN
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Keputusan di Temerloh, harus kita analisa
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Thank you, Malaysians
-
Before the lights go out on The Malaysian Insider at midnight, we say
"Thank You" to our readers. TMI started on February 25, 2008. Today, after
eight year...
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