Saturday, July 24, 2010

Will Pakaran Rakyat help Coalfied and other ex-plantation workers get homes and justice?

Coalfield estate is in Selangor, and Selangor is under the Pakatan Rakyat rule, and when it comes to land matters, the power vests in the Selangor Government.

Permits to allow development - building is all under the power of the State authority - and it is so simple to ensure that displaced ex-plantation workers to be provided adequate land and houses. With preference being to normally stay at the same place, where they had been staying - all that need be done is to give this land to the workers. And usually we are talking of about 5-10 acres only. 

It has been the promise of both the Federal Government ...and the Selangor government (of course, then under the UMNO-led BN government) that these workers would be provided housing.

But, that was UMNO-led BN, and many a times many of these 'promises', assurances, etc ...were not fulfilled. But, now the people have chosen Pakatan Rakyat as government of Selangor - will they be different and resolve the housing and other woes of ex-plantation workers in Selangor? They have the requisite powers to ensure justice but the question is whether they have the requisite political will to do it...and to do it fast.

What could be done?
Where the workers are still in their old homes, fighting moves to evict them or re-locate them to some other locality after all these years, use the State powers to acquire the land where the houses are - and give land titles to each of the workers. 1-2 acres per family would be the best, as that will also give them land to grow vegetables, rear cows/goat/chicken, etc. - and that can be a condition imposed whereby state consent is required for any sale of the land. This is to prevent quick sale for profits, that may be detrimental to the ex-workers future housing needs and welfare.

For other ex-workers, especially the elderly, the State could give them land and house. 

Remember that these workers are the ones that slogged in plantations, and has helped Malaysia come to where it is. It was rubber and oil palm, especially, that Malaysia depended on before it started discovering petroleum and gas.  

The Selangor Government may acquire plantations if estate management fail to embark on house ownership  programmes for their workers. State Executive councillor S. Rajagopal said that the state introduced a policy on Aug 27, 1991 to undertake such a task but had not used its powers yet. He said that they will use their powers if the 156 estates declined to provide adequate housing for sale to their workers....“The State Exco decided last week that plantation owners must provide housing for their workers before their properties were developed for industrial use. We will not allow plantation owners to move their workers to temporary houses while developing their land for other purposes.”...“Estate workers can approach us directly if they are sure that their managements are not building houses for them...We will use our powers to obtain the land at nominal price and ask private developers to build houses for the workers,: said Rajagopal. - Star, 6/12/1993

About 150 estates in Selangor have been ordered to implement the house ownership scheme for their workers...State Executive Councillor S. Rajagopal said if the estates failed to do so then their land would be acquired by the state government to build the houses for the workers.

            Rajagopal said yesterday the state government was unhappy because only 11 plantations had introduced the scheme so far.

            He said estates had to build the houses and sell them to their workers. He added that the policy was introduced on Aug 27 1991

            We have the powers to take part of their land to build houses for workers if the estate management fail to do so, “  Rajagopal said - Metro, 20/1/1995


Estates earmarked for development should strictly abide by the rules and regulations stipulated by the State Government so that retrenched workers do not suffer in terms of housing and jobs, Menteri Besar Tan Sri Muhammad Muhammad Taib said today. He said that there were problems faced by many plantation workers in Selangor especially in getting houses and jobs when the estate they were working in were acquired for development....“The State government has stipulated that when an estate is earmarked for development, low-cost houses must be built and priority given to the workers.”...“The State government welcomes development but estate managements and owners must abide by the rules and regulations. - New Straits Times, 7/8/1996

The state government may make it compulsory for plantation owners in Selangor to provide permanent homes for workers. The move will be introduced as a final resort if the managements do not voluntarily provide housing....

            “The owners have a moral obligation to provide permanent homes for their workers who for generations have slogged hard for them, “ he[State housing and estate workers committee chairman K. Sivalingam] said after meeting at his office with representatives of the Bukit Jelutong Estate workersd and the developers of a new high-tech industrial and commercial park there. Sivalingam said that an increasing number of estate workers are becoming victims of greedy employers who sell off their plantations for a tidy profit. He said many are left homeless when they are forced to vacate their shabby estate houses, previously provided by the management, for new development projects. He said the state also wants to ensure that estate workers are not victimized by the management and developers.....“Estate workers in Selangor, who were displaced in their hundreds and left homeless by the sale of plantation for commercial development, received a strong assurance from Menteri Besar Datuk Abu Hassan Omar today that such callous treatment will no longer be allowed. Abu Hassan said that future applications to convert plantation land for housing or industrial development will be rejected unless the developers come up with plans to re-house the displaced estate workers. Speaking to reporters after attending the MIC Selangor convention, he said it has been the state’s policy to require developers to provide alternative housing for such estate workers. “The problem was implementation. So we will be stricter in enforcing the policy,” he said. “I am serious about this and will not entertain any application without housing proposals for estate workers.”....He said Selangor’s quantum leap from agricultural to industrial development had left estate workers far behind as they have no industrial skills for re-employment. He said the problem had existed for 20 years and many former estate workers had become jobless and destitute, with only an handful being promised low cost houses.- The Sun 4/7/97
And, today again the plight of Coalfield estate was in the news.
KUALA LUMPUR: A 15-year dispute between workers and palm oil estate owners over their residence and job has yet to be solved, although numerous promises.

The 30 families of Coalfield estate are hoping for terrace houses and better facilities where they are now, instead of forcing them to a new housing area – located across the road from the estate.

Yesterday, when Datuk G. Pala­nivel visited the estate, they told the Plantations, Industries and Commo­dities deputy minister that they were tired of the empty promises made to them since 1995.

“We were living without water and electricity supply since December,” said Coalfield estate action committee chairman Lobat Rajoo.

“But yesterday (Thursday), the utilities were restored.”

He said their woes began after a change in ownership of the estate in 1995.

Lobat said that in 2009, the previous owner, claiming to be their current employer, had told them to vacate their quarters at Coalfield Estate by June 30, last year.

“They wanted us to move to Desa Coalfield by purchasing houses there but not all of us can afford a RM35,000 house with our RM21 pay a day,” he said after handing a booklet documenting their plight to Palanivel.

The minister, who met the estate management, said: “I have told them not to be harsh on the workers but adopt a give-and-take attitude.

“Their (the workers) requests are simple and they are poor.” - Star, 24/7/2010, Estate workers fed up with empty promises

FMT FEATURE SUNGAI BULOH: Kuala Lumpur-Kepong Berhad was taken to task for neglecting the plight of its workers and 24 families living at the Coalfield oil palm estate. 

The Malaysia Consumer Advisory Association (MCAA), which has taken the case to the authorities, said the the workers were only asking for their just dues.

“All they ask for is to be properly compensated and be allowed to own an affordable house for their families,” said MCAA president Varatharajoo Murugan.

Varatharajoo said the workers had demanded for houses at a 50 percent discount, lay-off benefits, yearly service benefits and pay for the months they have been been without a job.

The workers were sacked in December in 2009, and in a bid to forcefully evict the families, water supply was cut off by the management and they were allowed only conditional access to the outside world.

Despite the hardships, the workers remained in the estate because they had nowhere to go, and they could not afford to buy into a housing scheme developed by the estate owners.

“The developer offered them housing for RM35,000. They must understand that most of these workers are about 50-years-old. Which bank will offer them a housing loan?“KL-Kepong must pay them for the months they were jobless. It is not that they did not want to work (in a sister estate), but Tuan Mee estate did not provide them jobs as promised.”

“This has definitely put the workers in a fix. Even if they manage to get a housing loan, how are they expected to service the loan as they are out of jobs?” asked Varatharajoo.

He added that the developer also promised to relocate their school and temple but to date have not shown the workers the proposed site for the relocation.

Little help from the NUPW
Varatharajoo took a swipe at the National Union of Plantation Workers (NUPW) for neglecting the workers as it should have been the one empowering the workers to fight for their rights.
“There were (originally) 64 families living in Coalfield estate and the developer built 92 houses for the workers on the advise of NUPW Selangor branch chief S Balakrishnan.

“Balakrishnan, who is also the Coalfield estate MIC branch chairman, had allocated 28 of the 92 units for his family members,” Varatharajoo alleged.

A resident Lobat Raju said the dispute between the workers and KL-Kepong Berhad started in 1991 when the company served the workers termination notices, saying that it had sold and transferred ownership of the estate to KL-Kepong Country Homes Sdn Bhd.

“The new owners agreed to continue to employ us in the estate without break in service. We consulted the NUPW and were assured that we can continue to work and live there. So we agreed to the deal,” said Lobat.

But the situation suddenly changed in May 2007 and once again KL-Kepong Bhd became their employer and this time, they issued the workers a notice of transfer.

“We were told to vacate our quarters by June 30, 2007. The developer the offered us the townhouses which they had built in a nearby residential area for RM42,000 each.

“After much pleading, they brought the price down to RM35,000. I'm earning RM20 a day as a palm oil harvester. How am I going to get a housing loan for a RM35,000 house?” asked Lobat, whose family has lived at Coalfield estate for four generations.

Varatharajoo, meanwhile, also revealed that the MCAA and the affected Coalfield Estate workers plan to hold a peaceful protest in the front of the Selangor MB's office before the end of month. - Free Malaysia Today, 8/7/2010, Coalfield estate management slammed for neglecting workers
 By G Vinod and B Nantha Kumar
FMT FEATURE SUNGAI BULOH: Life is sheer “torture” for some 24 families staying in the Coalfield oil palm estate near here.
Comprising about 70 people, they are struggling without jobs, water and with only conditional access to the outside world.

They say they are being “tortured” because they cannot afford to buy into a housing scheme developed by the estate owners. And they refused to move out.

“We have lived and worked here for four generations and this is how we are being treated for our blood, sweat and tears...” said a tearful 42-year-old harvester Lobat Raju.

Lobat and the others are jobless after their services were terminated six months ago when they defied orders to immediately vacate their homes.

They were asked to leave because the management, Kuala Lumpur-Kepong Bhd, wanted to continue with its property development plans.

Lobat said the trouble started way back in 1991 when the company served the workers termination notices, saying that it had sold and transferred its ownership to KL-Kepong Country Homes Sdn Bhd.

“At the time, both parties agreed to continue to employ us in the estate without break in service.

“We consulted the National Union of Plantation Workers (NUPW) and it assured us that we can continue to work and live there. So we agreed to the deal,” said Lobat.

Then suddenly the equation changed in May 2007 and once again KL-Kepong Bhd became their employer and this time, they issued to the workers a notice of transfer.

“We were told to vacate our quarters by June 30, 2007.

“The developer then told us to buy townhouses which they had built in a nearby residential area for RM42,000 each. After much pleading, they offered the houses to us at RM35,000.

“I am earning RM20 a day in the estate as a palm oil harvester. How am I going to get a housing loan for a RM35,000 house? Some of the other workers also shared my concern.

“They (the developer) told us if we disagreed, we would be moved to work in another one of their estates, Tuan Mee, located five kilometres away. There was no indication of housing for us.

“We did not agree to the deal… but went to Tuan Mee as directed by the management. The Tuan Mee management did not provide us transport; we went on our own.

“But when we got there, Tuan Mee management told us there was no work. It also meant that we had no housing,” said Lobat. They continued to live in misery in Coalfield but they are determined not to quit.

No drinking water

Since December 2009, the families have been seemingly penalised. Their employment has been terminated without compensation, and they have no basic amenities like clean water.

“Two months ago, we dug a well and now use the water from here. It’s dirty and many of us fall sick often... before, we used to channel drinking water from a neighbouring kampung.

“We use to pay them RM1,000 to RM2,000 a month but we cannot afford it now,” said Lobat, adding that the developer had cut their water supply in the hope that they will vacate.

“When the developer found out that Syarikat Bekalan Air Selangor (Syabas) had been supplying us with clean water via its mobile service, the management told them (Syabas) off and barred them from entering,” he said.

To make matters worse, the developer discovered that some of them were doing odd jobs outside the estate, like selling flowers, and earning some meagre income for their daily survival.

“They found out that we were working outside and closed off the only road in the estate linking us to the outside world. After 7pm we had no access into the estate and our homes.

“The estate has no hospital and if there is an emergency, we cannot get out and if we do manage to run out, we have to wait for public transport to go to hospital.

“They are torturing us…," said Lobat, who is also the chairman of the estate action committee.

Lies and more lies

Asked if they had sought help from the government, Lobat retorted bitterly: “Yes... and they are all the same.

“Twenty years ago, the Barisan Nasional government lied to us... now Pakatan Rakyat is cheating us…”

He said the estate workers had sought the help of Selangor state executive councillor Dr Xavier Jayakumar.

“In June 2008, we approached Xavier and explained our situation.

“He spoke to KL-Kepong Bhd and later told us that the developer had agreed to set aside 10 acres of land for us to build our own homes.

“The Tamil paper Nanban carried the story quoting him. I still have the report. We believed him and were very happy.

“Then in May 2009, the estate management told us to get out… we went back to Xavier. He arranged for us to meet with the developer at a nearby hall in December 2009.

“While we were waiting for the meeting, Xavier came out of another meeting with the NUPW and told us he had already met the developer.

“He scolded us and said he had never promised us any land.

“He told us to buy the houses proposed by the developer,” said Lobat, daring Xavier to deny his words and reminding him that the “next general election is very soon”. - Free Malaysia Today, 7/7/2010, Abandoned by BN, Pakatan and plantation owner

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