Wednesday, December 04, 2019

AG? MACC Chief? Public servants preferential treatment? Role of Public Prosecutor? MACC? FAIR TRIAL?

MACC-PKR 'issue' raises more important questions...preferential treatment to public servants? Ministers? Can Public Prosecutor simply decide not to prosecute - or should he delay prosecution untll more evidence secured? Can public prosecutor chose not to prosecute and recommend  internal 'disciplinary action'?

Azam later admitted that MACC had erred in sending the letter, which is normally sent to relevant ministries or agencies, to the party.

MACC deputy chief Datuk Seri Azam Baki clarified that the MACC is only required to notify government bodies and not political parties.

In their response, the MACC Deputy seems to say that such letters (with or without complete investigation reports?) are send to Ministries and government agencies? Is this true? What relevant ministries or agencies? Was it the practice during the BN era...or is it a new thing under the NEW Pakatan Harapan government...

Did the MACC also previously recommend that 'disciplinary action' be taken against law-breakers to relevant ministries or agencies

Does that mean that law breakers in these relevant ministries or agencies are dealt with through 'disciplinary actions' - and these public servants or others do not get charged in court and tried for their wrongdoings? 

Sending details of investigations and such letters could also result in actions taken to get rid of relevant evidence or even possible tampering of such evidence?

PKR secretary-general Datuk Saifuddin Nasution who was also present at the press conference had revealed details of the MACC letter, by reading it to the press...The report quoted Saifuddin saying that PKR had received the letter on October 23, in which MACC had specifically highlighted the name of the offender, the offence committed, the date as well as the venue where the alleged incident took place, together with details of those who had been questioned on the matter....According to the report, Zakaria had allegedly offered an RM20,000 from the Works Ministry, and the incident reportedly happened during the run-up to the party election, when Zakaria was vying for a seat in the MPP...“There is also a statement of claim by the DPP who recommended that action be taken against Zakaria.

Remember the billions of ringgit in Najib's account - somehow that money 'left' the jurisdiction of Malaysian courts - when really, that account should have been frozen and that 'evidence' kept in Malaysia - was this because MACC informed the PM or Ministers or  relevant ministries or agencies?

Maybe the MACC now need to clarify to the Malaysian practice as to how many times in the past did the MACC chose to send duch letters to relevant ministries or agencies advising 'disciplinary actions' rather than openly charging and trying the wrongdoers? The new MACC of the new government has no reason to hide past bad practices of the MACC under the old regime.

MACC also in the past investigated BN candidates and gave them a 'greenlight' - free from corruption and similar wrongdoings - and that would have likely included even Najib and his deputy Zahid Hamidi - but today, we see them both and even others being charged in court...

MACC is an enforcement agency, and it should stop practice of verifying candidates for elections as 'clean'. The practice of signing declarations also need to stop - unless the law is amended, making those who gave such undertaking or declarations, is now visited by a much higher sentence if subsequently found guilty - if not such declarations to MACC is  really worthless?

Lateefa Koya, head of MACC - sadly has nothing to add to what  MACC deputy chief commissioner (Operations) Azam Baki had already said about the letter( with or without details of the investigation report?) sent to PKR  - who was the letter sent to is still a question mark - PKR itself, President of PKR,...who? 
Malaysian Anti-Corruption Commission (MACC) chief commissioner Latheefa Koya today refused to comment on the sacking of PKR central committee member Zakaria Abdul Hamid, said to be based on an MACC letter to the party suggesting disciplinary action.
There has been concern that many a time public servants seem to get 'preferential treatment' by being subjected to internal 'disciplinary action' rather than being charged and tried in open court. 

This must end - and, for public servants especially, including police, the charging, trial in open court and conviction may be ALSO an important DETERRENT to other public servants - a disciplinary action, unlike a public trial, may not even be known by the Malaysian public ...

The law stipulates sentences of imprisonment, fine and whipping- and it certainly does not include termination from employment, transfer, demotion, temporary suspension of wage increments...all of which are punishments imposed by disciplinary actions. 

Should not all be treated according to law equally - irrespective of whether one is a public servant or not? In fact, when it is a crime committed by a public servant, the sentence ought to be higher as it a crime that affects all Malaysians...

The Deputy Public Prosecutor will not prosecute - according to MACC?  WHY?
He [Deputy chief commissioner (Operations) Azam Baki] said the deputy public prosecutor had informed him the Bera division chief would not be prosecuted.
After MACC completes its investigation, it is send to the Public Prosecutor - Well, if the Public Prosecutor is satisfied that there is sufficient evidence, he will proceed to prosecute - charge and trial in open court.

If the prosecutor feels that there is insufficient evidence - then, he will ask that more investigation be done and further evidence be obtained...and thereafter, it is send back again to the prosecutor...The Public Prosecutor can never say that the accussed is 'not guilty' or that the case or 'investigation' is closed...Remember this was on of the unhappiness with the former Attorney General when he 'cleared' Najib of any crime...

So, who is that 'deputy public prosecutor' that  had informed him[Deputy chief commissioner (Operations) Azam Baki] that  the Bera division chief would not be prosecuted.

Time for Public Prosecutor Tommy Thomas to step in and investigate the conduct of his DPP... 

What Anwar and PKR did is also very scary - and it ought to be a major concern for all Malaysians, as Anwar Ibrahim may be our next Prime Minister..

- No problem about commencing disciplinary proceedings against PKR members  - but was there a right to be heard  and a 'fair trial' accorded to them before the sentence was imposed - membership terminated? 

- Looks like there was no right to be heard and no fair hearing - they just relied and took the contents of the MACC letter as true - despite knowing that MACC had also informed them that the alleged may not be charged in court > an indication that there may be no or insufficient evidence to prove that they are guilty in court?  

- Well, does this indicate that Anwar Ibrahim is OK with Detention Without Trial laws...OK with SOSMA...does not believe in the RIGHT TO A FAIR TRIAL...If so, I may not want any such person as the next Prime Minister...do you?

RIGHTLY Anwar and PKR should have accorded a fair disciplinary hearing before punishment including terminating their membership....they could at the interim period pending the completion of the disciplinary process suspend the two...  PKR can still revoke the termination and accord them with a fair disciplinary hearing within the party...we shall see what happens?

However, Anwar defended the recent expulsions, adding that internal action was taken against the duo to show his party’s commitment to battling corruption, even after the MACC conceded it erred in issuing a letter to PKR about the matter. 
See related post:-

MACC 'Scandal'? MACC sending letter to political parties, employers..'advising' disciplinary action is wrong?

   



My deputy has spoken, says MACC chief on PKR man’s sacking

MACC deputy chief commissioner (Operations) Azam Baki says the letter was sent by mistake to PKR.
KUALA LUMPUR: Malaysian Anti-Corruption Commission (MACC) chief commissioner Latheefa Koya today refused to comment on the sacking of PKR central committee member Zakaria Abdul Hamid, said to be based on an MACC letter to the party suggesting disciplinary action.

“I will not be commenting on that. Deputy chief commissioner (Operations) Azam Baki has commented and given his views, so I think we’ll leave it at that,” she said.

Last week, PKR said it sacked Zakaria and Pahang ordinary member Ismail Duhladi based on “advice” given by MACC after it had investigated allegations of corruption against them.

Azam later admitted that MACC had erred in sending the letter, which is normally sent to relevant ministries or agencies, to the party.

He said the deputy public prosecutor had informed him the Bera division chief would not be prosecuted.

PKR secretary-general Saifuddin Nasution said the allegation against Zakaria involved a RM20,000 public works contract to PKR leaders in the Bera area, while the allegation against Ismail involved “marked-up prices” for a project in 2018.

Zakaria said he had not been informed about any report lodged against him with the disciplinary board, and accused the party of having taken action without hearing his defence.

The sacking has led to a war of words between party leaders seen aligned to party president Anwar Ibrahim and his deputy Mohamed Azmin Ali.

Those aligned to Anwar were reported to stand by the sacking, whereas those aligned to Azmin have criticised it. - FMT News, 2/12/2019

No apologies over sackings, says Anwar while PKR sec-gen reveals contents of MACC’s letter

PKR president Datuk Seri Anwar Ibrahim has refused to apologise for the recent sacking of a Central Leadership Council member. — Bernama pic
PKR president Datuk Seri Anwar Ibrahim has refused to apologise for the recent sacking of a Central Leadership Council member. — Bernama pic
KUALA LUMPUR, Nov 30 — PKR president Datuk Seri Anwar Ibrahim has refused to apologise for the recent sacking of a Central Leadership Council (MPP) member, adding that the memorandum demanding for his apology is also disputable.

Anwar claimed that the letter, undersigned by 20 MPP members including his deputy, Datuk Seri Mohamed Azmin Ali, has been disputed by two signatories; PKR vice-presidents Chua Tian Chang or Tian Chua, and R. Sivarasa, on the part demanding for his apology.

News portal Malaysiakini reported the Port Dickson MP saying in a press conference in Penang, that he is open to his party’s disciplinary board reviewing the expulsion of Bera PKR division chief Zakaria Abdul Hamid, pointing that it is the right of any party member.

“They did not agree to the part asking me to apologise over the sacking of Zakaria, that part was not in the draft.

“This means something has been manipulated in the letter as the letter is not entirely true,” Malaysiakini quoted Anwar saying.

“I do not know but it was signed by the deputy president. A statement has to be agreed by all, but parts of it were not in the draft, let them clear that up first,”  Anwar reportedly remarked, when questioned as to who manipulated contents of the letter.

Earlier today, Azmin led 20 of the party’s MPP leaders, to object to Zakaria’s sacking, who is seen to be from their faction.

The group that also included vice presidents Zuraida Kamaruddin, went on to press Anwar to apologise over the matter, saying the decision was not formally endorsed by two thirds of the committee.

They said they consequently did not recognise the decision to expel Zakaria.

The letter further stated that the Malaysian Anti-Corruption Commission (MACC) had already notified that it made a mistake in recommending actions against Zakaria, and this point further strengthened the MPP members stand on the matter.

“In fact, it was also stated that after an investigation, there is no existing case as alleged,” the 20 MPP members claimed.

Malaysiakini reported that PKR secretary-general Datuk Saifuddin Nasution who was also present at the press conference had revealed details of the MACC letter, by reading it to the press.

The report quoted Saifuddin saying that PKR had received the letter on October 23, in which MACC had specifically highlighted the name of the offender, the offence committed, the date as well as the venue where the alleged incident took place, together with details of those who had been questioned on the matter.

According to the report, Zakaria had allegedly offered an RM20,000 from the Works Ministry, and the incident reportedly happened during the run-up to the party election, when Zakaria was vying for a seat in the MPP.

“There is also a statement of claim by the DPP who recommended that action be taken against Zakaria.

“After reading the contents of the letter, do you think we should apologise?” Saifuddin reportedly asked, adding that a letter has also been sent to Zakaria, and the latter has two weeks to appeal his expulsion.

“We have been through many episodes, we are prepared to face anything,” Saifuddin was quoted saying, when reportedly asked if PKR is prepared for a split, owing to factional wars within the party.

On November 24, PKR sacked Zakaria and fellow party member Ismail Dul Hadi, after the party received an October 23 letter from the MACC on allegations of corruption and bribery against the duo in relation to last year’s party elections.

PKR disciplinary board chairman Datuk Ahmad Kassim announced the party’s central leadership committee’s (CLC) decision to sack them with immediate effect in line with the party’s zero compromise on corruption, saying that the duo would be notified in writing and will have the right to appeal to the party president against the decision.

PKR communications director Fahmi Fadzil said that MACC had in the letter asked the party to take appropriate action following the anti-graft body’s investigations of both Zakaria and Ismail in relation to alleged corruption, declining to provide details of the investigations which he said was confidential.

However, the MACC later admitted that it erred in notifying PKR about suspicions of corruption involving two of its members.

MACC deputy chief Datuk Seri Azam Baki clarified that the MACC is only required to notify government bodies and not political parties.

“MACC admits that there has been an error made by the MACC Report Division chief through a letter to that party that suggested disciplinary action for breaching the party’s code of ethics,” Azam said in a brief statement to Malay Mail.

He was responding to queries over whether MACC could propose to political parties to take disciplinary action against their members over suspected wrongdoing, following the expulsions.

However, Anwar defended the recent expulsions, adding that internal action was taken against the duo to show his party’s commitment to battling corruption, even after the MACC conceded it erred in issuing a letter to PKR about the matter.

Anwar said both Zakaria and Ismail can still appeal against their sacking. - Malay Mail, 30/11/2019

Tuesday, December 03, 2019

PH focus on free Healthcare, free Education, Allow shop houses, free in town public transport, Price Control of Basic Food, ...

FED UP with who wants to be PM and 'problems' in political parties - WE DO NOT CARE. We just want the promised reforms and more that will help all Malaysians...We certainly did not vote for BN 2.0 but for an alternative government of hope and reforms...

What do Malaysians want? We really are not bothered about who will be the next Prime Minister or any of the 'internal fights' happening within the Pakatan Harapan party or any of the other political parties - we want real CHANGES after we elected to out the Barisan Nasional government and give the Opposition Pakatan Harapan (DAP, PKR, Amanah and Bersatu...and the other friendly MPs/parties) a chance...

HEALTHCARE - the cost of healthcare in Malaysia is affordable but not for all - we still have to pay ward charges, surgery charges, etc ...and heart healthcare is just still unaffordable... 

 '...replace heart valves without open heart surgery..', and do you know how much the ordinary Malaysian will have to pay if you want it. “After that, patients need to know that the CoreValve device will be RM112,000 while another RM10,000 will be needed for other operation costs,”Another achivement by Malaysia's IJN - but how many can afford RM122,000 - Heathcare must be FREE

Medicines - it should be provided until the next doctor's appointmment - now, every month we have to go to the clinic/hospital to collect our monthly supply - this cost a lot for patients - the cost of travel but the cost of time which impacts personal business plus also our employment > there is no right to get 'medical leave'/cuti sakit to take time to go collect our medicines > PH CAN JUST MAKE SURE WE COLLECT ALL OUR MEDICINES UNTIL THE NEXT APPOINTMENT WITH THE DOCTOR - No need to these monthly trips to get our medicine and/or those ofg our elderly parents/dependents or children?

Heart - the cost now can reach to thousands of ringgit for a check up and tens of thousands for a procedure like a by-pass - surely the poor and the middle class cannot afford - Make it free or no more than RM100...

Both spouses need to work - how do our elderly parents and relatives go to hospital/clinic  - provide FREE transport for the elderly and/or disabled to go and return from hospitals for their regular check-ups..

If Thailand can charge 30 Baht (about RM3 plus) that will cover everything including ward charges, surgery and other procedures - why can't Malaysia?

See past related post:-

More will die sooner because of lack FREE government-provided heart healthcare in Malaysia

Malaysian doctor-population ratio 1:633 but for Sabah(1:1,500) and Sarawak(1:1,104)?

'Fully Paying Patient' program must be ABOLISHED? Discriminatory? Unjust? 

IJN not for sale...a national asset BUT is it to provide heathcare for all or just to make money and 'show off'?

 


EDUCATION  - FREE Education until university/college > We still do not have this in Malaysia. If we have this, then one major financial concern for Malaysian parents will end...

[Of course, those who want to sent children to PRIVATE schools, colleges and universities - that is their FREE choice, and they have to pay for it. EDUCATION LOANS could be made available especially for the poor and middle class - not for the super rich...keep interest low].

Many students who are not Malay or natives of Sabah/Sarawak have problems getting places in educational institutions because of QUOTA - well, government should increase places in educational institutions...

QUOTA based on ethnicity need to be REVIEWED - and made Transparent ...What exactly is the ETHNIC QUOTA - Is it 30% or 50% or 60% - it cannot be higher than the ethnic percentage of the population?

What are the other quotas? QUOTA for the poor...quota for those from rural areas...  These other socio-economic quotas are also much needed - so how much QUOTA. 

BN was very vague on the QUOTA - and PH must be transparent about it? 

FREE EDUCATION - another component is also affordable accommodation for students - student colleges and housing need be sufficient. In Klang Valley, the cost of even renting a room is between RM400 and RM800, how can students of most Malaysian afford when minimum wage is RM1,100?   

FOOD - well, the BN government effectively removed price control for basic food items > Time for PH to bring back price control for basic food items > RICE, EGG, COOKING OIL, COOKING GAS, CHICKEN, FLOUR, ...'KANGKONG'...Well, just for the basic food items ... 

Chicken, egg, bread must be a price controlled items - Why are our MPs not fighting for these basic issues that affect all Malaysians



PUBLIC TRANSPORT - When the then Opposition Pakatan Rakyat(DAP,PKR,PAS) ruled Penang and Selangor they understood this need - so free busses in this States...now they, as PH rule Malaysia, and time to focus on on in-town and in-district effective cheap public transport, which will cut cost of living in having to buy petrol, cars and motorbikes... What is the PH plan for this?

See past related post:-

Transport Minister - Priority provision of efficient affordable public transport for ALL Malaysians?


SHOP HOUSES -  Thanks to previous GST and changing patterns in business, there are so many of these 'shop-houses' that are vacant ...including the 1st, 2nd and 3rd floors ...problem now is that it is classified a 'commercial premises', where rates being charged are all the higher 'commercial rates' for electricity, water, telecommunications, Indah Water, ... WHAT PH CAN DO? Allow all these premises, maybe not ground floor, to be used for housing - and if it used for housing, then housing rates shall apply for utilities, etc... This will also reduce cost of living - and help reduce the amount of unused premises. If people stay in town and near business areas, it also will reduce cost of travel, etc..those who work in shops and in town will find that they can now walk to work...With people staying in commercial areas, security increases especially for the smaller towns and rural townships..

Black shoes - Well, there is much to be reformed in our education - many are today choosing to send kids to Chinese schools in small towns - many rich are choosing private schools...Our curriculum need to be reviewed...our HISTORY(according to BN) need to be re-written to reveal the full truth... Languages are a skill and a requirement for higher education and even open doors to more employment opportunities - UMNO-BN policies ended Malaysians skills and command in English ...will PH address this? Mazlee's vision ...Read article below...and the response by Mazlee's press secretary ...and we see that Maslee maybe focusing too little in education at all levels...



Opinion


Maszlee Malik: The most influential or most destructive minister?

Published:  |  Modified:
COMMENT | Dr Maszlee Malik (above) has squandered a once-in-a-lifetime opportunity to radically reform the Malaysian education system.

He has the power to influence generations of Malaysians, thus enabling the nation to realise its true potential, and forge ahead of our neighbours.

Instead, Maszlee has projected an image of weakness and given the impression that he is taking orders. Children continue to be turned into lemmings and the country will tread the same racial path as before. It is all about "Them" and "Us".

Maszlee has proven that he is no different from his predecessors in Umno-Baru/BN. Their education policies, which were designed to stultify Malaysians, did not encourage children to think or to ask questions.

Fifteen months ago, Maszlee was thrust from relative obscurity, as a political-analyst-cum-lecturer at the International Islamic University Malaysia, to head what is arguably the most important ministry.
Perhaps, Maszlee is too young to realise that our education system was once one of the best in Asia. 

Its supremacy ended when successive Umno-Baru/BN governments tinkered with it. Meritocracy was rejected and the superiority of only one race mattered. Many non-Malay lecturers fled overseas.
There are enormous challenges involved, but Maszlee's thrust on the three "Cs" - the colour of shoes, khat calligraphy and cashless payment in schools, horrified parents.
Of importance to parents and educationists, are the three "Rs" - reading, writing and 'rithmetic', as well as better discipline, a reintroduction of the value-system, instilling respect, and promoting teachers who encourage critical thinking.

Despite his many reforms, Maszlee's most damaging policy is the maintenance of the quotas in education.

A parent who displays favouritism amongst his children only encourages enmity. Similarly, quotas discourage national integration. The people who are discriminated against will feel bitter and resentful.

Quotas do not help the Malays. The majority will be under the illusion that they need not work hard to achieve. Moreover, allegations of pass marks being lowered only give a false picture of Malay educational attainment.

Prime Minister, Dr Mahathir Mohamad knows the Malay psyche best. Pampering the Malays will ensure political dominance, but the downside is that the Malays, as he has previously acknowledged, become lazy and ineffective. Some go on to commit corrupt activities.
It is disingenuous of Maszlee to equate quotas in the matriculation programme, with the private sector refusing to employ Malays, simply because they don't speak Mandarin. Many employers reject Malay workers, because they are used to being pampered, and are not as productive as the non-Malays. Even Mamak shops prefer foreign workers. Their owners know only too well about poor performance and frequency of "ponteng" (absenteeism) amongst Malays.

Politicians have successfully divided Malaysians along racial and religious lines, resulting in some Malays refusing to shop in non-Malay businesses. If the non-Malay business clientele is predominantly non-Malay, a non-Mandarin speaking employee would be detrimental to the business. 

Moreover, businesses want to avoid the negative publicity of a Malay employee who refuses to handle a can of spam or a bottle of beer.

Quotas in school sports' teams do not foster team spirit and Maszlee must work with the Youth and Sports Minister, Syed Saddiq Syed Abdul Rahman, to abolish quotas in sport.

Maszlee claims that many non-Malays are rich and can afford tuition, or places at private universities. 

A non-Malay would have to be exceptional to win a place in a public university. The alternative is work, or to enrol in a private university, where the medium of instruction is in English, which is considered a hurdle for some Malays. This is because nationalists from the 70s and 80s said that speaking English was unpatriotic. Maszlee needs a solution for the Malay reluctance to learn English.
For many non-Malays, education is the key to escaping the poverty trap. In my youth, many Malay grandfathers and fathers encouraged their daughters to have an education. This stopped when the ulamas said that the woman's place was in the home, for procreation and to care for hubby. Maszlee should try to re-educate some Malay fathers.

He should not insult non-wealthy Malays who struggle to educate their children without government help. He should also mix with more non-Malay families, to realise that they are not all rich. Many make enormous sacrifices to provide an education for their children. Tuition is necessary because our national schools are rubbish.

Is Maszlee aware that many Malay parents cannot see the value of education for their children? Some actively encourage their children to stop schooling, to help them run a food stall. How does Maszlee propose to change the mindset of these Malay parents?

Despite his background in the teaching of religious matters, Maszlee should keep religion and religious teachers out of the classroom. Tahfiz schools should not be run in isolation, and he needs to bring them into line with the Malaysian education curriculum.
Today, more Malay parents enrol their children in Chinese type schools because of better discipline and learning methods. Could Maszlee learn from these schools?

If national schools had improved discipline, better teaching methods and competent teachers, parents would not hesitate to enrol their children there. With Bahasa Malaysia and English being compulsory, Chinese or Tamil could be optional extras.

The indigenous people of Peninsular and East Malaysia are bumiputra and are heavily discriminated against. What has Maszlee planned for the children from these communities? Only those who are politically connected thrive.

Renaming the Permata program to Genius, was a no-brainer. The highly gifted/intelligent do not need hundreds of millions of ringgits of help. Benefactors, philanthropists (including the Singapore government) will beat a path to their doors; however, the money could help poor and marginalised children, or train more teachers.

It is imperative for the success of Malaysia that the education system is upgraded. Maszlee needs to think long-term and abolish quotas. Will he be able to improve Malaysian education?

MARIAM MOKHTAR is a defender of the truth, the admiral-general of the Green Bean Army and president of the Perak Liberation Organisation (PLO). - Malaysiakini, 23/8/2019
 

Maszlee has spearheaded genuine education reform

Zul Fikri Zamir
Published:
LETTER | I am writing in response to your columnist Mariam Mokhtar's partial assessment of Maszlee Malik's tenure thus far as minister of education in her article Maszlee Malik: The most influential or most destructive minister?

While Mariam has understandably focused on the alleged low points of Maszlee's tenure - in her usual combative style - there are ongoing crucial high points leading to genuine education reform that she is either not aware of or has disregarded. 

In the first place, let us be clear that not all politicians, especially new, first-time Pakatan Harapan politicians, have been media savvy or cunning enough to tirelessly face a newly-antagonistic and questioning media - revived, thanks to the freedoms provided this past year or so by the Harapan government. 

In many ways, it has been a steep learning curve for all of us facing a demanding and often understandably-impatient Malaysian public and media.

This reality check aside, in the area of higher education, some crucial strategic and policy-related decisions made by Maszlee need to be highlighted. 

In beginning the long journey to reforming a public university sector battered by decades of political interference and damage, Maszlee has done at least the following: 

1. Setting up a University Vice-Chancellor Search and Selection committee in September 2018. This committee comprises fiercely independent and respected scholars and public intellectuals. Since it's establishment, the committee has evolved through ongoing direct and open discussions with Maszlee. It has reached a stage where the committee now directly seeks/searches for the best VC candidates in the country to lead intellectually and to restructure our public higher education system. This is pioneering. The wider objective is to reformulate public higher education - and invariably, higher education in Malaysia as a whole - as more of a public service and not merely as a commodity dictated by economic imperatives. 

2. Crucial in the development of all education policies are the integrity and public accountability of education institutions and those running them. Here, also in late 2018, Maszlee personally set up an autonomous Academic Integrity Committee to independently receive and investigate cases of wrongdoing - such as academic plagiarism and sexual harassment - in our higher education institutions. This committee reports it's findings directly to the minister with recommendations.

3. Contrary to some media reports and perceptions, the total repeal of the Universities and University Colleges Act (UUCA) and the proposed removal of the academic restrictions under Act 605 are well underway. Here again, Maszlee has played a central leadership role in inviting independent, critical scholars and experts to lead this repeal. 

These three examples, I believe, will suffice for now. There are many more actions that are being taken over this period, led by Maszlee and his vision for a vibrant and internationally competitive higher education system grounded on integrity, independence and intellectual leadership. 

My team and I would be more than happy to discuss these with the media and concerned writers and critics like Mariam Mokhtar. I may be contacted at zfzamir@moe.gov.my.

The writer is press secretary to the minister for education. - Malaysiakini, 23/8/2019

Steady hands for nation’s healthcare





No instant repairs: Dzulkefly notes that the nation’s healthcare system is in need of many fundamental reforms, which means there are no quick fixes.

PUTRAJAYA: After holding the Health Minister’s post for almost a year, Datuk Seri Dr Dzulkefly Ahmad says he realised that people want an immediate fix to their problems.While they want issues such as waiting times for treatment and lack of parking lots to be resolved quickly, he said he has to grapple with the greater policies, structures, systems and technological issues that contribute to the shortcomings and inadequacies in healthcare delivery.

For a start, he said he was pleased with the increase in budget allocation to the ministry – from RM26.58bil in 2018 to RM28.68bil this year. It is a 7.12% increase in management expenditure.

“While I know that we have started embarking on reforms and change, there are still many things that need to be improved,” he said in a press conference on Tuesday in conjunction with Pakatan Harapan’s one year anniversary.

Dzulkefly said a game changer that the government embarked on was the launch of the operations test phase for the health protection plan Peduli Kesihatan scheme for B40 (PeKa B40) on April 15, within the first year of Pakatan coming into power.

As of April 29, as many as 2,443 have been screened for their first visits, he said.

image: https://media.thestar.com.my/Prod/71ECC9F8-9263-4903-9D65-563425188C2B
Fully sponsored by the government, PeKa B40 will focus on health screening for those aged 50 and above for the B40 group who are receiving Bantuan Sara Hidup (BSH) as well as their spouses.

The benefits of PeKa B40 include health screening, the buying of medical devices up to a maximum of RM20,000, a payment-incentive of RM1,000 when cancer treatment is completed and up to RM500 for Peninsular Malaysia as well as RM1,000 for transport allowance in Sabah and Sarawak.

While the government is looking into social health insurance in the long run, currently it is tapping into public-private partnerships to achieve a 5% to 6% gross domestic product
(GDP) expenditure by the end of the next four years.

“The private sector will drive the increment,” he said, adding that for an upper middle income country, Malaysia should spend 6% of the GDP.

Currently, Malaysia healthcare expenditure comprises 2.3% of its GDP from the public sector and 2.2% from the private sector.

He said the current system was not sustainable, and the government and the people have to look into whether Malaysia should continue with the current tax-based financing system for healthcare or to set up a social health insurance.

For this reason, the ministry has set up a seven-member Health Advisory Council on March 27 to come up with ideas.

“The private health sector is seen as profit driven but they are on the same page as me in achieving agenda reform,” he said.

Among the main challenges he faced besides the re-emergence of some infectious diseases was addressing the problem of premature deaths as a result of NCDs (non-communicable diseases), and this is done through a “promotive and preventive approach”.

“The next reform is to beef up family medicine practice,” he said.

For almost two decades, Malaysians’ life expectancy reached a plateau of 73.5 years for men and 
78.9 years for women ( the average was 75 years).

“It is not just about life-expectancy but the quality of life that must be maintained, especially for a country heading towards being an ageing nation.

“So, I will look into healthcare reforms, as this is key,” he said.

While looking into bringing changes to the healthcare sector, Dzulkefly also acted against contractors that failed to deliver health facility development projects in some states.

Following the termination of the main contractor for the 300-bed Hospital Petra Jaya in Sarawak in August last year for failing to meet its completion date on Nov 29, 2016, the Works Ministry re-tendered the project, which closed on April 26.

“The company that will be appointed will be able to revive the project site in October,” he said.

He said the main contractor for Hospital Rembau (76 beds) was given a warning after it failed to complete the project on Sept 2016, but the hospital was now on its way to starting operations in June with a total allocation of RM104mil.

On another note, the ministry (in collaboration with Women, Family and Community Development Ministry and relevant government agencies) had also taken action against Hospital Sungai Buloh’s orthopaedic head of department for sexual harassment, said Dzulkefly.

He added that the ministry was also revamping 1Malaysia clinics and transforming them into community clinics.

Of the 347 clinics, 293 will be upgraded to community clinics, 20 will be upgraded to health clinics and 34 will be closed.

On electronic medical records (EMR), he said it would be implemented in all 145 government hospitals and 1,700 health clinics in three to five years.

He said he hoped to lay down the digital health regulatory framework to enhance online health services as well as to start a pilot project on virtual clinics to reduce patients’ burden, waiting time and parking problems.

The Domestic Trade and Consumer Affairs Ministry is also expected to appoint Price Assistant Officers from among the Health Ministry’s officers to carry out drug price control enforcement activities, as it has the power to do so, said Dzulkefly.

The objective of price control was to ensure that Malaysians have access to drugs at an affordable price, besides encouraging innovation and healthy competition for industry growth, he said.

Dzulkefly said the Cabinet also agreed in September to reduce training for house officers by implementing the High Perfor­mance Housemanship Programme, which will reduce housemanship from two years to 18 months.

He said this would help cut down the waiting time for graduates as there were 31 medical schools in Malaysia, not including those overseas, while there were only 45 training hospitals to absorb 5,000 to 6,000 new medical graduates every year.

Meanwhile, he said that the ministry on Jan 30 issued a guideline on standardising a flexi-work system in all training hospitals.

The work hours will be reduced from between 65 and 75 hours to between 60 and 62 hours a week.

The working time for nine disciplines of training is standardised and divided into flexible morning, afternoon and night sessions.

Dzukefly said the ministry also set up a taskforce to study the possibility of making vaccinations mandatory.

The proposal would be forwarded to the ministry’s planning committee on May 8 for approval before being brought to the Cabinet for further scrutiny, he said.

To encourage a healthy work-place ecosystem, he also asked every ministry staff member to suggest ideas on how to build up the ministry.

When asked how he would rate his performance in the last one year, Dzulkefly said he would let the people judge for themselves. - Star, 2/5/2019

Provision in SOSMA Denying Bail Held to be Unconstitutional - Bar. - REPEAL SOSMA

MBARLH.jpg


Press Release
 
Provision in SOSMA Denying Bail Held to be Unconstitutional
 
The Malaysian Bar welcomes the recent decision of the High Court in granting Gadek assemblyperson, G Saminathan’s application for an order to compel the Sessions Court to hear his application for bail.1
 
G Saminathan was one of 12 individuals detained under the Security Offences (Special Measures) Act 2012 (“SOSMA”) in October this year allegedly due to links to the Liberation Tigers of Tamil Eelam (“LTTE”). 

This decision of the High Court is historic as it recognises that section 13 of SOSMA, which provides that “Bail shall not be granted to a person who has been charged with a security offence”, as being ultra vires to Articles 8 (Equality) and 121 (Judicial power of the Federation) of the Federal Constitution.  It was reported that Justice Mohd Nazlan Mohd Ghazali held that, “Judicial power is central to the doctrine of the separation of powers between the Executive, the Legislature and the Judiciary which is a fundamental feature in the basic structure of the Constitution. … Any usurpation of the judicial power by any other arm of the Government infringes on the sanctity of the doctrine of the separation of powers, violates the basic structure of the Constitution, and is therefore unconstitutional.”2
 
Malaysia’s experience with laws that undermine and detract from the doctrine of separation of powers, as well as from the inherent judicial power of the courts have been a bane on our legislative landscape.  The Federal Court held in the landmark decision of Semenyih Jaya Sdn Bhd v Pentadbir Tanah Daerah Hulu Langat & Another [2017] 1 LNS 496 that, “The judicial power of the court resides in the judiciary and no one else.”  This judgment reinstates the inherent judicial power of the courts and restores the independence of the Judiciary, allowing it to play its role as the third organ of the State and keep in check any excesses of the Executive or Legislature.

Section 13 of SOSMA is repugnant and is antithetical to the rule of law and the Federal Constitution.  It has been used to deny bail to numerous persons detained for security offences provided in Part VIA of the Penal Code.  This should not be allowed to continue and the Executive should accept the decision of the High Court.  The Malaysian Bar therefore urges the Attorney General not to pursue an appeal in this regard.

In a new Malaysia, we expect the Executive to take a more nuanced and circumspect approach to court decisions, instead of just adopting a knee-jerk, mechanical approach, when decisions do not go in its favour.

The Malaysian Bar once again calls for the urgent repeal of SOSMA.

Abdul Fareed Abdul Gafoor
President
Malaysian Bar

3 December 2019

1LTTE case: Court allows Gadek rep’s bid for bail hearing”, Malaysiakini, 29 November 2019.
2High Court allows Gadek rep Saminathan to apply for bail in LTTE case”, The Star Online, 29 November 2019.


See related posts:-

 

 

 


Sunday, December 01, 2019

Some international UN/ILO/...standards on Freedom of Association and Assembly


Main international standards
on
Freedom of Association and Assembly



Universal Declaration of Human Rights
Article 20
1. Everyone has the right to freedom of peaceful assembly and association.
2. No one may be compelled to belong to an association.

International Covenant on Civil and Political Rights
Article 21
The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.
Article 22
1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.
2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right.
3. Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or to apply the law in such a manner as to prejudice, the guarantees provided for in that Convention.     

International Covenant on Economic, Social and Cultural Rights
Article 8
1. The States Parties to the present Covenant undertake to ensure:
(a) The right of everyone to form trade unions and join the trade union of his choice, subject only to the rules of the organization concerned, for the promotion and protection of his economic and social interests. No restrictions may be placed on the exercise of this right other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others;
(b) The right of trade unions to establish national federations or confederations and the right of the latter to form or join international trade-union organizations;
(c) The right of trade unions to function freely subject to no limitations other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others;
(d) The right to strike, provided that it is exercised in conformity with the laws of the particular country.
2. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces or of the police or of the administration of the State.
3. Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or apply the law in such a manner as would prejudice, the guarantees provided for in that Convention.     

Convention on the Elimination of All Forms of Discrimination against Women
Article 7
States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: (a) To vote in all elections and public referenda and to be eligible for election to all publicly elected bodies;
(b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government;
(c) To participate in non-governmental organizations and associations concerned with the public and political life of the country.

International Convention on the Elimination of All Forms of Racial Discrimination
Article 4
States Parties condemn all propaganda and all organizations which are based on ideas or theories of superiority of one race or group of persons of one colour or ethnic origin, or which attempt to justify or promote racial hatred and discrimination in any form, and undertake to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination and, to this end, with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of this Convention, inter alia:
(a) Shall declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof;
(b) Shall declare illegal and prohibit organizations, and also organized and all other propaganda activities, which promote and incite racial discrimination, and shall recognize participation in such organizations or activities as an offence punishable by law;
(c) Shall not permit public authorities or public institutions, national or local, to promote or incite racial discrimination.
Article 5
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
… (ix) The right to freedom of peaceful assembly and association.       

Convention on the Rights of the Child
Article 15
1. States Parties recognize the rights of the child to freedom of association and to freedom of peaceful assembly.
2. No restrictions may be placed on the exercise of these rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.     

International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
Article 26
1. States Parties recognize the right of migrant workers and members of their families:
(a) To take part in meetings and activities of trade unions and of any other associations established in accordance with law, with a view to protecting their economic, social, cultural and other interests, subject only to the rules of the organization concerned;
(b) To join freely any trade union and any such association as aforesaid, subject only to the rules of the organization concerned;
(c) To seek the aid and assistance of any trade union and of any such association as aforesaid.
2. No restrictions may be placed on the exercise of these rights other than those that are prescribed by law and which are necessary in a democratic society in the interests of national security, public order (ordre public) or the protection of the rights and freedoms of others.

International Convention for the Protection of All Persons from Enforced Disappearance
Article 24
7. Each State Party shall guarantee the right to form and participate freely in organizations and associations concerned with attempting to establish the circumstances of enforced disappearances and the fate of disappeared persons, and to assist victims of enforced disappearance.

Convention on the Rights of Persons with Disabilities
Article 29
States Parties shall guarantee to persons with disabilities political rights and the opportunity to enjoy them on an equal basis with others, and shall undertake:
(a) To ensure that persons with disabilities can effectively and fully participate in political and public life on an equal basis with others, directly or through freely chosen representatives, including the right and opportunity for persons with disabilities to vote and be elected, inter alia, by:
(i) Ensuring that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use;
(ii) Protecting the right of persons with disabilities to vote by secret ballot in elections and public referendums without intimidation, and to stand for elections, to effectively hold office and perform all public functions at all levels of government, facilitating the use of assistive and new technologies where appropriate;
(iii) Guaranteeing the free expression of the will of persons with disabilities as electors and to this end, where necessary, at their request, allowing assistance in voting by a person of their own choice;
(b) To promote actively an environment in which persons with disabilities can effectively and fully participate in the conduct of public affairs, without discrimination and on an equal basis with others, and encourage their participation in public affairs, including:
(i) Participation in non-governmental organizations and associations concerned with the public and political life of the country, and in the activities and administration of political parties;
(ii) Forming and joining organizations of persons with disabilities to represent persons with disabilities at international, national, regional and local levels.

Declaration on Human Rights Defenders
Article 5
For the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels:
(a) To meet or assemble peacefully;
(b) To form, join and participate in non-governmental organizations, associations or groups;
(c) To communicate with non-governmental or intergovernmental organizations.



ILO Convention No. 87 (C087) concerning Freedom of Association and Protection of the Right to Organise

Preamble
The General Conference of the International Labour Organisation,
Having been convened at San Francisco by the Governing Body of the International Labour Office, and having met in its Thirty-first Session on 17 June 1948;
Having decided to adopt, in the form of a Convention, certain proposals concerning freedom of association and protection of the right to organise, which is the seventh item on the agenda of the session;
Considering that the Preamble to the Constitution of the International Labour Organisation declares "recognition of the principle of freedom of association" to be a means of improving conditions of labour and of establishing peace;
Considering that the Declaration of Philadelphia reaffirms that "freedom of expression and of association are essential to sustained progress";
Considering that the International Labour Conference, at its Thirtieth Session, unanimously adopted the principles which should form the basis for international regulation;
Considering that the General Assembly of the United Nations, at its Second Session, endorsed these principles and requested the International Labour Organisation to continue every effort in order that it may be possible to adopt one or several international Conventions;
adopts this ninth day of July of the year one thousand nine hundred and forty-eight the following Convention, which may be cited as the Freedom of Association and Protection of the Right to Organise Convention, 1948:
PART I. FREEDOM OF ASSOCIATION
Article 1
Each Member of the International Labour Organisation for which this Convention is in force undertakes to give effect to the following provisions.
Article 2
Workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organisation concerned, to join organisations of their own choosing without previous authorisation.
Article 3
§  1. Workers' and employers' organisations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes.
§  2. The public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise thereof.
Article 4
Workers' and employers' organisations shall not be liable to be dissolved or suspended by administrative authority.

Article 5
Workers' and employers' organisations shall have the right to establish and join federations and confederations and any such organisation, federation or confederation shall have the right to affiliate with international organisations of workers and employers.
Article 6
The provisions of Articles 2, 3 and 4 hereof apply to federations and confederations of workers' and employers' organisations.
Article 7
The acquisition of legal personality by workers' and employers' organisations, federations and confederations shall not be made subject to conditions of such a character as to restrict the application of the provisions of Articles 2, 3 and 4 hereof.
Article 8
§  1. In exercising the rights provided for in this Convention workers and employers and their respective organisations, like other persons or organised collectivities, shall respect the law of the land.
§  2. The law of the land shall not be such as to impair, nor shall it be so applied as to impair, the guarantees provided for in this Convention.
Article 9
§  1. The extent to which the guarantees provided for in this Convention shall apply to the armed forces and the police shall be determined by national laws or regulations.
§  2. In accordance with the principle set forth in paragraph 8 of Article 19 of the Constitution of the International Labour Organisation the ratification of this Convention by any Member shall not be deemed to affect any existing law, award, custom or agreement in virtue of which members of the armed forces or the police enjoy any right guaranteed by this Convention.
Article 10
In this Convention the term organisation means any organisation of workers or of employers for furthering and defending the interests of workers or of employers.
PART II. PROTECTION OF THE RIGHT TO ORGANISE
Article 11
Each Member of the International Labour Organisation for which this Convention is in force undertakes to take all necessary and appropriate measures to ensure that workers and employers may exercise freely the right to organise.
PART III. MISCELLANEOUS PROVISIONS
Article 12
§  1.In respect of the territories referred to in Article 35 of the Constitution of the International Labour Organisation as amended by the Constitution of the International Labour Organisation Instrument of Amendment 1946, other than the territories referred to in paragraphs 4 and 5 of the said article as so amended, each Member of the Organisation which ratifies this Convention shall communicate to the Director-General of the International Labour Office with or as soon as possible after its ratification a declaration stating:
§  (a) the territories in respect of which it undertakes that the provisions of the Convention shall be applied without modification;
§  (b) the territories in respect of which it undertakes that the provisions of the Convention shall be applied subject to modifications, together with details of the said modifications;
§  (c) the territories in respect of which the Convention is inapplicable and in such cases the grounds on which it is inapplicable;
§  (d) the territories in respect of which it reserves its decision.
§  2. The undertakings referred to in subparagraphs (a) and (b) of paragraph 1 of this Article shall be deemed to be an integral part of the ratification and shall have the force of ratification.
§  3. Any Member may at any time by a subsequent declaration cancel in whole or in part any reservations made in its original declaration in virtue of subparagraphs (b), (c) or (d) of paragraph 1 of this Article.
§  4. Any Member may, at any time at which the Convention is subject to denunciation in accordance with the provisions of Article 16, communicate to the Director-General a declaration modifying in any other respect the terms of any former declaration and stating the present position in respect of such territories as it may specify.
Article 13
§  1. Where the subject-matter of this Convention is within the self-governing powers of any non-metropolitan territory, the Member responsible for the international relations of that territory may, in agreement with the government of the territory, communicate to the Director-General of the International Labour Office a declaration accepting on behalf of the territory the obligations of this Convention.
§  2. A declaration accepting the obligations of this Convention may be communicated to the Director-General of the International Labour Office:
§  (a) by two or more Members of the Organisation in respect of any territory which is under their joint authority; or
§  (b) by any international authority responsible for the administration of any territory, in virtue of the Charter of the United Nations or otherwise, in respect of any such territory.
§  3. Declarations communicated to the Director-General of the International Labour Office in accordance with the preceding paragraphs of this Article shall indicate whether the provisions of the Convention will be applied in the territory concerned without modification or subject to modifications; when the declaration indicates that the provisions of the Convention will be applied subject to modifications it shall give details of the said modifications.
§  4. The Member, Members or international authority concerned may at any time by a subsequent declaration renounce in whole or in part the right to have recourse to any modification indicated in any former declaration.
§  5. The Member, Members or international authority concerned may, at any time at which this Convention is subject to denunciation in accordance with the provisions of Article 16, communicate to the Director-General a declaration modifying in any other respect the terms of any former declaration and stating the present position in respect of the application of the Convention.
PART IV. FINAL PROVISIONS
Article 14
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 15
§  1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.
§  2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.
§  3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratifications has been registered.
Article 16
§  1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered.
§  2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.

Article 17
§  1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications, declarations and denunciations communicated to him by the Members of the Organisation.
§  2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.
Article 18
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications, declarations and acts of denunciation registered by him in accordance with the provisions of the preceding articles.
Article 19
At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 20
§  1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides:
§  (a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 16 above, if and when the new revising Convention shall have come into force;
§  (b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members.
§  2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.
Article 21
The English and French versions of the text of this Convention are equally authoritative.







ILO Convention No. 98 (C098) concerning the Application of the Principles of the Right to Organise and to Bargain Collectively

Preamble

The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Thirty-second Session on 8 June 1949, and
Having decided upon the adoption of certain proposals concerning the application of the principles of the right to organise and to bargain collectively, which is the fourth item on the agenda of the session, and
Having determined that these proposals shall take the form of an international Convention,
adopts this first day of July of the year one thousand nine hundred and forty-nine the following Convention, which may be cited as the Right to Organise and Collective Bargaining Convention, 1949:
Article 1
§  1. Workers shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment.
§  2. Such protection shall apply more particularly in respect of acts calculated to--
§  (a) make the employment of a worker subject to the condition that he shall not join a union or shall relinquish trade union membership;
§  (b) cause the dismissal of or otherwise prejudice a worker by reason of union membership or because of participation in union activities outside working hours or, with the consent of the employer, within working hours.
Article 2
§  1. Workers' and employers' organisations shall enjoy adequate protection against any acts of interference by each other or each other's agents or members in their establishment, functioning or administration.
§  2. In particular, acts which are designed to promote the establishment of workers' organisations under the domination of employers or employers' organisations, or to support workers' organisations by financial or other means, with the object of placing such organisations under the control of employers or employers' organisations, shall be deemed to constitute acts of interference within the meaning of this Article.
Article 3
Machinery appropriate to national conditions shall be established, where necessary, for the purpose of ensuring respect for the right to organise as defined in the preceding Articles.
Article 4
Measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilisation of machinery for voluntary negotiation between employers or employers' organisations and workers' organisations, with a view to the regulation of terms and conditions of employment by means of collective agreements.
Article 5
§  1. The extent to which the guarantees provided for in this Convention shall apply to the armed forces and the police shall be determined by national laws or regulations.
§  2. In accordance with the principle set forth in paragraph 8 of Article 19 of the Constitution of the International Labour Organisation the ratification of this Convention by any Member shall not be deemed to affect any existing law, award, custom or agreement in virtue of which members of the armed forces or the police enjoy any right guaranteed by this Convention.
Article 6
This Convention does not deal with the position of public servants engaged in the administration of the State, nor shall it be construed as prejudicing their rights or status in any way.
Article 7
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 8
§  1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.
§  2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.
§  3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratification has been registered.
Article 9
§  1. Declarations communicated to the Director-General of the International Labour Office in accordance with paragraph 2 of Article 35 of the Constitution of the International Labour Organisation shall indicate --
§  (a) the territories in respect of which the Member concerned undertakes that the provisions of the Convention shall be applied without modification;
§  (b) the territories in respect of which it undertakes that the provisions of the Convention shall be applied subject to modifications, together with details of the said modifications;
§  (c) the territories in respect of which the Convention is inapplicable and in such cases the grounds on which it is inapplicable;
§  (d) the territories in respect of which it reserves its decision pending further consideration of the position.
§  2. The undertakings referred to in subparagraphs (a) and (b) of paragraph 1 of this Article shall be deemed to be an integral part of the ratification and shall have the force of ratification.
§  3. Any Member may at any time by a subsequent declaration cancel in whole or in part any reservation made in its original declaration in virtue of subparagraph (b), (c) or (d) of paragraph 1 of this Article.
§  4. Any Member may, at any time at which the Convention is subject to denunciation in accordance with the provisions of Article 11, communicate to the Director-General a declaration modifying in any other respect the terms of any former declaration and stating the present position in respect of such territories as it may specify.
Article 10
§  1. Declarations communicated to the Director-General of the International Labour Office in accordance with paragraph 4 or 5 of Article 35 of the Constitution of the International Labour Organisation shall indicate whether the provisions of the Convention will be applied in the territory concerned without modification or subject to modifications; when the declaration indicates that the provisions of the Convention will be applied subject to modifications, it shall give details of the said modifications.
§  2. The Member, Members or international authority concerned may at any time by a subsequent declaration renounce in whole or in part the right to have recourse to any modification indicated in any former declaration.
§  3. The Member, Members or international authority concerned may, at any time at which this Convention is subject to denunciation in accordance with the provisions of Article 11, communicate to the Director-General a declaration modifying in any other respect the terms of any former declaration and stating the present position in respect of the application of the Convention.
Article 11
§  1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered.
§  2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.


Article 12
§  1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications, declarations and denunciations communicated to him by the Members of the Organisation.
§  2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.
Article 13
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications, declarations and acts of denunciation registered by him in accordance with the provisions of the preceding articles.
Article 14
At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 15
§  1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides,
§  (a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 11 above, if and when the new revising Convention shall have come into force;
§  (b) as from the date when the new revising Convention comes into force, this Convention shall cease to be open to ratification by the Members.
§  2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.
Article 16
The English and French versions of the text of this Convention are equally authoritative.







ILO Convention No. 135 (C135) concerning Protection and Facilities to be Afforded to Workers' Representatives in the Undertaking

Preamble

The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Fifty-sixth Session on 2 June 1971, and
Noting the terms of the Right to Organise and Collective Bargaining Convention, 1949, which provides for protection of workers against acts of anti-union discrimination in respect of their employment, and
Considering that it is desirable to supplement these terms with respect to workers' representatives, and
Having decided upon the adoption of certain proposals with regard to protection and facilities afforded to workers' representatives in the undertaking, which is the fifth item on the agenda of the session, and
Having determined that these proposals shall take the form of an international Convention,
adopts this twenty-third day of June of the year one thousand nine hundred and seventy-one the following Convention, which may be cited as the Workers' Representatives Convention, 1971:
Article 1
Workers' representatives in the undertaking shall enjoy effective protection against any act prejudicial to them, including dismissal, based on their status or activities as a workers' representative or on union membership or participation in union activities, in so far as they act in conformity with existing laws or collective agreements or other jointly agreed arrangements.
Article 2
§  1. Such facilities in the undertaking shall be afforded to workers' representatives as may be appropriate in order to enable them to carry out their functions promptly and efficiently.
§  2. In this connection account shall be taken of the characteristics of the industrial relations system of the country and the needs, size and capabilities of the undertaking concerned.
§  3. The granting of such facilities shall not impair the efficient operation of the undertaking concerned.
Article 3
For the purpose of this Convention the term workers' representatives means persons who are recognised as such under national law or practice, whether they are--
§  (a) trade union representatives, namely, representatives designated or elected by trade unions or by members of such unions; or
§  (b) elected representatives, namely, representatives who are freely elected by the workers of the undertaking in accordance with provisions of national laws or regulations or of collective agreements and whose functions do not include activities which are recognised as the exclusive prerogative of trade unions in the country concerned.

Article 4
National laws or regulations, collective agreements, arbitration awards or court decisions may determine the type or types of workers' representatives which shall be entitled to the protection and facilities provided for in this Convention.
Article 5
Where there exist in the same undertaking both trade union representatives and elected representatives, appropriate measures shall be taken, wherever necessary, to ensure that the existence of elected representatives is not used to undermine the position of the trade unions concerned or their representatives and to encourage co-operation on all relevant matters between the elected representatives and the trade unions concerned and their representatives.
Article 6
Effect may be given to this Convention through national laws or regulations or collective agreements, or in any other manner consistent with national practice.
Article 7
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 8
§  1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.
§  2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.
§  3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratification has been registered.
Article 9
§  1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered.
§  2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.
Article 10
§  1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation.
§  2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.
Article 11
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.
Article 12
At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 13
§  1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides:
§  (a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 9 above, if and when the new revising Convention shall have come into force;
§  (b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members.
§  2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.
Article 14
The English and French versions of the text of this Convention are equally authoritative.