From Malaysia to Burma - Who? Checks that are needed ... to prevent gross human rights violations

Malaysia is not going to send refugees and asylum seekers back to Burma - so, the question is who will they be sending back.  (Are we talking only of those who already got that status from UNHCR - does it include those in the application process or yet to apply)

And, the related question that we must ask is who really are these Malaysians who Burma will be sending back here - undocumented migrants in Burma??

Are we talking about undocumented migrants now in detention at Immigration Detention Centres awaiting deportation? Few things that need to be considered:-

1) Are these persons who would want to apply to become asylum seekers and/or refugees who have yet to do so? There must be an interview process conducted in the presence of maybe the UNHCR, civil society groups - maybe the Malaysian Bar, - to establish that no potential asylum seeker, refugee or person of concern is sent back to Burma? 

2) If they are undocumented migrants, it is essential to ensure that there is no outstanding claim like unpaid wages, etc that is outstanding with their Malaysian employer, etc - propose that the Labour Department vet each and every one and if there is really no outstanding claims/complaints or proceedings - issue a Certificate stating this.

3) It must also be confirmed by the police and other authorities that there are no reports/complaints lodged by these migrants that are outstanding...(we do not want those who committed crimes against migrants to get off scot-free because the migrant is no more in Malaysia - those who cheated them, those who tortured them,...)

4) Given the fact that this Burma that we are talking about - Malaysia must insist that persons returned to Burma will not be arrested, tortured or persecuted by the Burmese regime...by reason of they being part of/related to persons groups/ethnic groups still very much fighting for a truly democratic Burma... 

5) Persons to be sent back must only be persons that are awaiting deportations - not persons serving some sentence in Malaysia, likewise we cannot be taking persons serving sentences in foreign prisons back to Malaysia to serve out such sentences - for this will be wrong, discriminatory, etc - this is something that will be discussed later...[What authority will Malaysia have to keep someone in prison who never broke any Malaysia law or was tried and sentenced by a Malaysian court?]

Hishammuddin: Myanmar detainees not refugees

Posted on 19 October 2011 - 05:24am
Last updated on 19 October 2011 - 11:31am

Husna Yusop and Pauline Wong
newsdesk@thesundaily.com

Hishammuddin with Home Ministry deputy secretary-general Datuk Alwi Ibrahim (left) and Immigration director-general Datuk Alias Ahmad after the Immigration directors’ meeting. BERNAMA

PUTRAJAYA (Oct 18, 2011): Home Minister Datuk Seri Hishammuddin Hussein has clarified that the 1,000 Myanmar detainees who will be sent back to their country under a recent exchange agreement are not asylum seekers or refugees.

He said he checked their status with the United Nations High Commissioner for Refugees (UNHCR) before finalising the matter with Myanmar Deputy Foreign Minister U Maung Myint yesterday.

“It is not true. They are not asylum seekers. I have talked to the UNHCR and made it clear that we are not going to stop those who are really eligible for refugee status.

“But, at the same time, do not use the refugee status as an excuse to dump so many people who are not eligible in our country. This would create a bigger problem in future,” he said.

Speaking to reporters at the ministry after a weekly meeting with immigration directors here today, Hishammuddin said there are about 94,000 asylum seekers in Malaysia but those listed in the exchange are not under the UNHCR’s watch.

He was responding to concerns raised by NGOs Migrant Care Malaysia and Tenaganita, who claimed that most Myanmar nationals came to Malaysia as refugees or were seeking political asylum, having fled their country to escape persecution.

Yesterday, Hishammuddin said both countries have agreed in principle to exchange detainees – those detained for various immigration related offences - to help reduce congestion at immigration depots.

He said the claims by the NGOs were made based on political considerations, adding the ministry has yet to identify the number of Malaysians currently detained in Myanmar.

He said Myanmar nationals are the third biggest group of foreigners in the country now and Myanmar government’s commitment is important in identifying and deporting those who are not supposed to be here.

“We don’t want to see Malaysia as a transit country or shelter for terrorists, drug smugglers and those taking advantage of the refugee status to do things which are clearly against the law,” he said.

Meanwhile, the UNHCR, in a statement, encouraged all governments to manage migration in a manner that is protection-sensitive towards those who wish to seek asylum.

“This holds true for Malaysia as well. It means that individuals who may be subject to arrest, detention and deportation for immigration offenses have the opportunity to seek asylum and to have their claims considered,” UNHCR spokesman here Yante Ismail said today.

She added that Malaysia cooperates with UNHCR on this issue and allows access to individuals so the agency can determine if they are eligible for asylum.

For those who have legitimate claims, UNHCR seeks their release from detention while their claims are being considered.

“On the matter of deportation, UNHCR reminds all Governments, including Malaysia, that refugees and asylum-seekers should benefit from the fundamental principle of non-refoulement and should not be deported to a country where their human rights might be at risk,” she said.

(Non-refoulement is a principle in refugee law that concerns the protection of refugees from being returned to places where their lives or freedoms could be threatened.)

The Bar Council, meanwhile, said it welcomed the Malaysian-Myanmar immigrant swap, but urged caution.

Its president, Lim Chee Wee, the arrangement must still live up to the highest humanitarian standards.

"Care needs to be taken to ensure that those returned to Myanmar will not in turn be subjected to retributive or punitive action by their own government," he said.

This is because there is no mention of any monitoring mechanism, nor whether any determination has been made by an Office of the UNHCR on whether any of the detainees returned was a genuine asylum seeker.

"This swap must also fulfill the need for a wider and more comprehensive regional mechanism for freedom of movement of nationals from one ASEAN member country to another," he added. - The Sun Daily, 19/10/2011, Hishammuddin: Myanmar detainees not refugees

Burma-Malaysia detainee swap absurd and unacceptable

Under Mahathir, I believe that Malaysia was certainly more caring and would not send back Burmese in Malaysia back to Burma because everyone understood the persecution and conditions in Burma  under the ruling regime - and knew that most Burmese in Malaysia, save for maybe those that came as documented migrant workers, are really refugees or asylum seekers in fact.

So, even when people from Burma were arrested and detained by reason of being 'undocumented', Malaysia did not deport them back to Burma as was being done with nationals of other countries. Malaysia took them to the Thai-Malaysia border and released them...and most of them would not go back to Burma, but stay in Thailand or just cross back into Malaysia. The preferential treatment accorded to people was Burma was just an understanding of Malaysia that it would be very wrong and unjust to just hand them who flee persecution of regime that has refused to even hand over to democratically elected Aung San Su Kyi and her party (we are not talking of that recent 'election' which really is a sham).

A few years ago, some highlighted that some immigration officers involved in the 'deportation exercise' of Burmese migrants at the Thai-Malaysian border were allegedly involved in the 'human trafficking' trade - and the victims were these migrants from Burma - Lot of attention - lot of protest. Malaysia then stopped this practice or 'special treatment' of migrants from Burma, and resorted to the same treatment - but the Burmese regime was not as enthusiastic to get their people back to Burma as other countries, and likewise many persons in detention were not at all wanting to go back to Burma (can we really blame them?) - and the Malaysian government also was not really pushing....End result was that the Burmese numbers in detention increased - and now they may be the largest number in many immigration detention centers..

Suddenly, the Malaysian government seem to have become less caring and is talking about a detainee swap deal with Burma...

This, not only, is shocking but will shatter Malaysia's image locally and internationally - this is Burma that we are talking about.... 

Prisoner exchanges - when a person breaks a law in a country - he is tried, convicted and sentenced according to the laws of that country, so taking Malaysians serving their sentence in another country to serve the remaining prison sentence is really not right, is it. Remember we are not talking about 'prisoner of war' exchanges between 2 countries at war (or were at war).... so we have to be very careful when it comes to taking a position on things like this 'detainee swap' deals...

Outcry over Myanmar-Msia detainee swap

Stephanie Sta Maria | October 18, 2011 (Free Malaysia Today)

Sending detainees back to Myanmar is akin to sending them to their possible deaths, says Human rights groups.

 

PETALING JAYA: Human rights advocates and the Myanmar community are reeling from the government’s proposal of a detainee swap between Malaysia and Myanmar.

Home Minister Hishammuddin Hussein met with Myanmar deputy foreign minister U Maung Myint in Parliament yesterday after which the proposal was announced.

The move is to reduce the number of Myanmar detainees currently in detention centres here.

The news has sent shockwaves through the Myanmar community here especially among those whose friends and family are among the 1,000 Myanmar detainees.

The Shan Refugees Organisation (SRO) has called it “terrible news” and is frantically trying to gather as much details as possible on the issue.

“It’s not supposed to be this way,” said an SRO spokesperson who asked to remain anonymous. “The possibility of persecution is awaiting those who are sent back.”

While Hishammudin said details will be discussed when the newly formed working committee between both governments meet next week, the SRO said it would be perilous to wait that long.

“We cannot afford to wait until a concrete decision is made,” said the spokesperson. “We will be meeting NGOs including Suaram, Tenaganita and the Bar Council to seek advice over the matter.”

Suaram backed up SRO’s point that sending the detainees back to their homeland was to return them to the danger from which they had fled in the first place.

“By sending them back Malaysia is giving recognition to the cruellest, most undemocratic and tyrannical regime in the region,” Suaram coordinator, Andika Abdul Wahab, told FMT.

“It’s a breach of the international customary law of non-refoulement which prohibits the return of people to places where they may face persecution or threats to their life or freedoms.”

‘End barbaric treatment of detainess’

Andika warned that following through on this proposal would bring great shame to Malaysia as a founder of ASEAN and a member of the UN Human Rights Council (UNHCR).

With such a standing, he said, Malaysia should instead be leading Myanmar in showing respect for human rights rather than endangering human lives.

Andika also dismissed Myanmar’s recent release of 120 out of 6,000 prisoners as non-reflective of human rights, freedom and peace being restored there.

“Myanmar’s on-going civil wars have forced its people to seek international protection outside the country,” he said. “As such a majority of Myanmar detainees could be refugees.”

“We urge the Malaysian government to drop the proposal and allow UNHCR immediate access to detention centres in order process asylum claims and release the genuine refugees.”

The Human Rights Watch (HRW) also had stern words for the proposal. Its deputy director for Asia, Phil Robertson, pointed out that despite the various indications of political progress in Myanmar, its government continues to abuse ethnic minorities and political dissidents.

“Before jumping forward with yet another poorly thought out swap scheme Hishammudin should publicly commit that all Myanmar detainees will be given the right to make a refugee claim if they fear being prosecuted in their country,” he said. “And the UNHCR must be given unfettered access to adjudicate those claims.”

Robertson added that if the Myanmar government really wanted to protect its nationals, then it should demand that Malaysia immediately cease caning male migrants held for violating immigration laws.

“Caning is a form of torture and the Myanmar government should call for an end to this barbaric treatment of its citizens,” he stated - Free Malaysia Today, 18/10/2011,Outcry over Myanmar-Msia detainee swap

Tuesday October 18, 2011

Myanmar and Malaysia to swap detainees

AT THE DEWAN RAKYAT
Reports by MARTIN CARVALHO, YUEN MEIKENG, RAHIMY RAHIM and CALVIN YEO

MYANMAR illegals held at Immigration depots will be sent back home in a detainee exchange programme.

Home Minister Datuk Seri Hishammuddin Hussein said the programme would also see Malaysians detained in Myanmar returning to the country.

“There are currently 1,000-odd Myanmar nationals detained in the depots. But the number to be sent back has yet to be confirmed.

“Officials from both countries will be meeting next week to start working on the details of the exchange,” he told reporters after meeting Myanmar deputy foreign minister U Maung Myint in Parliament.

Hishammuddin also said that he could not confirm the number of Malaysians to be sent back from Myanmar.

He said the joint initiative would reduce crowding in the depots and showed the close relationship between both countries.

“If we can carry out such an exchange with Myanmar, I don’t see why we can’t do the same with other countries,” Hishammuddin said.

He added that Myanmar nationals were the third highest number of immigrants registered under the ministry’s 6P programme, with a total of 257,000 in Malaysia.

A total of 2.3 million foreigners registered under the programme, of which 1.3 million were illegals.

Hishammuddin said the detainee exchange programme was important in principle as it could help combat crime across borders, among other benefits.

“We have also set up a joint working committee with Myanmar to discuss issues of concern periodically,” he said, adding that the committee would consist of relevant agencies.

On the refugee swap deal with Australia, Hishammuddin said the ministry would be meeting with Australian authorities to discuss the matter next month.Star, 18/10/2011, , Myanmar and Malaysia to swap detainees

October 17, 2011 17:10 PM

Malaysia, Myanmar Eye Swapping Immigration Detainees

 

KUALA LUMPUR, Oct 17 (Bernama) -- Malaysia and Myanmar are mulling over the possibility of implementing an exchange programme for immigration detainees, said Home Minister Datuk Seri Hishammuddin Tun Hussein.

He said there were currently around 1,000 Myanmar nationals at detention centres in this country. However, the number of Malaysian immigration detainees in Myanmar was not made available.

"It'll help reduce the numbers in our detention camps and show a good relationship between Malaysia and Myanmar in relation to immigration and movement of workers in the region," he told reporters after receiving Myanmar's Deputy Foreign Minister U Maung Myint (HE) here, today.

About 257,000 Myanmar nationals had registered under the "6P" programme, of which 144,098 were illegals immigrants. The programme is a massive legalisation and amnesty exercise for illegal immigrants conducted by Malaysian authorities.

"Since not all of them (Myanmar illegal immigants) will be employed, cooperation between both countries is important to ensure that the repatriation process runs smoothly," Hishammuddin said.

Hishammuddin said Malaysia and Myanmar would establish a joint working committee to address immigration as well as crime-related issues involving the two countries. It is expected to hold its first meeting next week.

Elaborating, the minister said Kuala Lumpur would cooperate closely with Myanmar to tackle cross-border crimes involving drugs, weapons and human trafficking.

"The issue of fraudulent travel documents is also in our focus, with 46 cases involving Myanmar nationals detected last year as well as 13 cases up till August this year," Hishammuddin said. -- BERNAMA, 17/10/2011, Malaysia, Myanmar Eye Swapping Immigration Detainees 

 

 

Some civil society gropups have responded vide a Joint Media Statement

PRESS STATEMENT

CONCERNS OVER IMMIGRATION RELATED DEVELOPMENTS THAT JEOPARDIZE THE SECURITY OF REFUGEES AND ASYLUM SEEKERS IN MALAYSIA

We, the undersigned organizations who work closely with refugees and asylum seekers from Burma living in Malaysia, express our deep concern over two recent immigration related developments that jeopardize­­ the security of refugees and asylum seekers in Malaysia.

Firstly, whilst we laud the government for considering the issue of over-crowding at the detention centres, the detainee swap initiative between the Malaysian and Burmese government is not the appropriate solution to the problem.  In fact, it could potentially  put the lives of refugee and asylum seeker detainees at risk.

Ethnic and religious minorities in Burma have been experiencing ongoing persecution leading to the exodus of several hundreds of thousands of people  over the past twenty years fleeing oppressive conditions of forced labor, confiscation of lands/homes, systematic rape, torture and other forms of religious and ethnic persecution.  The majority of the population from Burma in Malaysia are persons fleeing such persecution.

Under the Malaysian Immigration Act 1959/1963, refugees and asylum seekers too are detained in immigration detention centres. Unlike migrants, refugees and asylum seekers have a well-founded fear of persecution in their homeland; hence they flee their country of origin and cannot return home. The principle of non-refoulement in  Article 33 (1) of the 1951 Refugee Convention states that: "No Contracting State shall expel or return ('refouler') a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion." The deportation arising from the swap with Burma  for immigration detainees  contravenes this principle because of  the presence of detainees in detention centres who are potentially refugees and asylum seekers.

Secondly, during the registration of the 6P programme, it was highlighted that some refugee applicants received a “Slip Pendaftaran PATI,” which contained a line that said “Tujuan :Pulang ke Negara Asal” (Intention: Return to Home Country). This is despite the fact that they are refugees who are recognized by UNHCR. We call on the government to immediately rectify this error to prevent refugees from being refouled. We urge the government to recognize that any registration of refugees must be done in full collaboration with UNHCR, within a framework that will recognize and protect the rights of refugees.

We therefore call on the government to:

 

1.       Work in close collaboration with UNHCR to ascertain and immediately release individuals who are refugees and especially asylum seekers who have yet to lodge an asylum claim with UNHCR in the detention centres.

 

2.       Provide access to lawyers and NGOs to detention centres to represent detainees who seek to lodge an asylum claim.

 

3.       Immediately rectify the errors in the 6P registration process of refugees and asylum seekers and cooperate fully with UNHCR to establish a framework for the recognition of the rights refugees. 

Endorsed by:

1. Health Equity Initiatives (HEI)

2. Lawyers for Liberty (LFL)

3. Women's Aid Organisation (WAO)

4. Tenaganita

5. SUARAM

6. Malaysian Social Research Institute (MSRI)

UPDATE: JVC Unjustly Discriminates Against Burmese Migrant Women Workers Case

I have just received a reply from JVC Manufacturing Malaysia Sdn Bhd, whose contents has been copied and is pasted here. This letter is in response to the Media Statement entitled "JVC Unjustly Discriminates Against Burmese Migrant- Women Workers Who Claim Worker Rights" which has been endorsed by 90 groups. A copy of the said joint media statement was sent to JVC. 

JVC

JVC MANUFACTURING MALAYSIA SDN. BHD.(172773H)                   Tel No.: 03-55416688(VIDEODIV)
(Formerly known as JVC Video Malaysia Sdn. SM.) .                                                 03-55413377 (AUDIODIV)
Lot No.1, Persiaran Jubli Perak, Jalan 22/1, Seksyen 22, 
40300 Shah Alam,                                                                                              Fax No.: 03-55422168 (VIDEO DIV)
Selangor Darul Ehsan, Malaysia.                                                                                  03-55416698 (AUDIO DI’))
Postal Address:P.O. ,Box 7111,40702 Shah Alam,
Selangor Darul Ehsan, Malaysia.

19.November.2010

Messrs. Charles Hector & Pranom Somwong
Lot 3585A, Kampung Lubuk Layang
Batu 3, Jalan Metakab
28000 Temerloh
PAHANG, Malaysia
 
Dear Sirs,
 

The President of JVC Kenwood is in receipt of your letter dated 31st October 2010, concerning the standards of human and workers rights at JVC Manufacturing Malaysia Sdn. Bhd. (JMM).

JMM has investigated the contents of your letter and please be informed that we have already appraised the said important matters. We are committed to cooperate with all parties concerned to rectify any problems and ensure that improper occurrences are avoided in the future. In this regard, a joint resolution has been reached after discussions with the concerned Myanmar workers, their employment agency Fast Link Trans Sdn. Bhd., the Malaysian Trade Union Congress, the Electrical Industry Workers Union and JMM.

For verification on the above, please feel free to communicate with Mr Peter Kandaiah, Sr.Industrial Relations Officer, MTUC (mtuc.kaäkimail.com) or Mr. Maniyam Poovan, Gnereal
Secretary, Electrical Industry Workers Union (eiwu@streamyx.com).

We appreciate your concern about the human rights of workers, particularly’ in Malaysia. Please be assured that all of the companies in the JVC Kenwood Group, including JMM, are committed to honouring the employment rights of all of our workers, whether they are local or foreign, or whether they are hired directly or through dispatching agencies.

Sincerely,

Mr Yoshihiro Tamaki
Managing Director
JVC Manufacturing Malaysia Sdn. Bhd.

We would be verifying the matters alleged by JVC in their letter, and will try our best to keep you all informed about the latest developments in this case.

Media Statement – 21/10/2010 (90)

JVC Unjustly Discriminates Against Burmese Migrant

Women Workers Who Claim Worker Rights

We, the undersigned 79 civil society organizations and groups, would like to express our serious concern that JVC has indicated that they will not re-new the employment contracts of Pa Pa Aye and 15 other Burmese women migrant workers, who lodged a claim at the Labour Department claiming worker rights that the JVC company had violated, amongst them the wrongful deduction of their wages to recover levy that employers have to pay when they employ foreign workers. The other 7 workers, who complained, whose contract was renewed in August, will also be terminated and repatriated. The information contained in this statement has been provided by the affected workers.

JVC has its factory at Lot. No.1, Persiaran Jubli Perak, Jalan 22/1, Section 22, Shah Alam, 40702 Shah Alam, Selangor, Malaysia, and they manufactures cameras, video cameras and audio equipment components, amongst others.

On 21/7/2010, Pa Pa Aye and 22 other women migrant workers lodged a complaint at the Subang Jaya Labour Office in Malaysia. Amongst their demands were for the return of monies wrongly deducted from their wages for levy the employer had to pay to the Malaysian government for employing migrant workers, other unlawful deductions like transfer fees, saving funds, etc amounting to about RM3,500-00, and for the return of the Passports which are still wrongly being held by  the employer . They were also claiming for the balance of the wages that they were entitled. According to the workers, the employer was to pay them much more about RM50 per day but they were only paid the sum of RM23.

On 6/8/2010, after night shift when the women workers were being transported back to their homes, their bus took a different route, and suddenly stopped where the agent was waiting. The agent then called one of the Burmese women migrant workers who had complaint to the Labour Department and asked her to leave the bus and follow him. The workers suspected that the agent was trying to get the worker sent back to Burma, and they stood together and prevented the agent from taking the worker. The workers then lodged a police report about this incident. There have also been other cases of harassment, whereby in one incident 3 men entered the women’s hostel and threatened them.

The workers, through their representatives, which included an officer from the Malaysian Trade Union Congress (MTUC) also complained about this incident to JVC, and JVC gave the assurance that this will not happen again and they guaranteed that all workers could continue to work in JVC.

On 12/8/2010, the agent tried to force the workers to sign a new contract, but all workers refused to sign it. The pressure on the workers to sign the new contract took place at the factory compound. Later on the same day the JVC’s Human Resource Manager, one Mr. Mazlan, and the HR Assistant Manager, one Ms. Ida, also tried to pressure the workers to sign the new contracts. The new contract was written in English only (just like their old contract). The workers to date do not have a copy of their old contract, as they were never given a copy. The new contract allegedly stated that their daily salary will be reduced to RM21, which is RM2 less than what the workers have been getting until now.

On 25/8/2010, the Burmese workers informed us that JVC had summarily dismissed 30 Sri Lanka women migrant workers in retaliation for their demand that JVC pay them their promised monthly salary of RM750. After the dismissal JVC and the agent, Fast Link Trans, began forceful repatriation of the workers. On 28/8/2010, 8 Sri Lankan workers were allegedly sent home. These workers apparently never received the amount owing them and/or any compensation for premature termination of their contract.

On 8/9/2010, JVC’s Human Resources Officer, in the presence of the Labour Officer and the agent’s representative from a company known as Fast Link Trans, tried to return to the Burmese workers the amount they said was the levy that had been wrongfully deducted from the wages and asked the workers to sign a document which was in English. The workers refused as the amount offered was far less than the sum deducted, and  they did not want to sign any document which was in a language they did not know.

The company also refused to give a copy of the document to enable them to get an independent person who spoke Burmese to translate its contents to them.

On 28/9/2010, the agent informed the workers that when their current annual contract expires, their contracts will not be renewed and they will all be sent back to Burma. The contracts of 15 of these workers’ contract will expire in October, and the rest by the end of the year. Pa Pa Aye’s own contract expires in early November. The contracts of 7 others which expired in August have already been renewed. Later, on about 7/10/2010, the agent informed the workers that all 23 of them will be terminated and sent back to Burma. The process of forced repatriation of the Burmese workers has already begun with one worker being sent back to Burma on 9/10/2010.

It must be stated that according to the workers, when they came to Malaysia to work with JVC the agreement was that they will be employed for a period of at least 3 years, but when they arrived and started working, they were made to sign 1-year contracts with the verbal assurance that it will be renewed every year for at least a total of 3 years. The threat of early termination and deportation is also wrong and discriminatory as JVC has continued to renew contracts of others who had started work around the same time as these Burmese migrant workers.

Any early termination, and/or non renewal of the 1-year employment contracts by JVC can reasonably be seen as a retaliation of the company against workers who have elected to claim their rights as workers. Their case at the Labour Department is pending, and a termination and repatriation back to Burma will mean that the workers will not be able to continue to pursue their claim in the Labour Department/Court as the presence of the worker in the hearing of their claims against the employer is compulsory, and their absence will mean that their case will just be struck off,

We, the undersigned groups, call upon JVC to respect worker rights and their right to access to justice and not cause these 23 Burmese workers to be terminated and deported.

We  urge that JVC to respect the law and the legal process initiated by the lodging of the complaint by the workers at the Labour Department, and to respect and abide with the outcome of the hearing at the Labour Court. Workers should not be terminated and/or discriminated against by reason of the fact that they choose to demand for their rights or better rights as workers. For those who have already been repatriated back to their country of origin, including those workers from Sri Lanka, JVC must compensate them for their expenses in coming to Malaysia to work, and for the early termination of their employment.

We call on JVC to act justly and not to terminate these workers, and to renew their contract so that they can pursue their claims until completion. JVC should also adhere to their earlier promise that these workers will be employed for a period of at least 3 years, for migrant workers do expend a lot of money (850-1,000 USD) when they do come to Malaysia to work and any early termination and breach of rights will only leave these workers in a worse situation as they may not be even to settle the debts they incurred in coming here to Malaysia to work.

We call on Human Rights Commission of Malaysia (SUHAKAM) to inquire into this complaint concerning the violation of worker rights by JVC.

We also call on the Malaysian government and the Human Resource Minister to ensure that no workers are terminated and/or discriminated against by reason of the fact that they have stood up to claim their rights as workers.

The Malaysian government should also ensure that no migrant worker is terminated and/or repatriated back to their country of origins until the employer has fully settled all outstanding worker claims and/or payments. If migrant workers are terminated, the Malaysian government must ensure that these workers are allowed to stay and work legally in Malaysia until all outstanding claims and legal processes are settled. If special passes and visas are required to ensure workers ability to stay and work legally, it must be given gratis without requiring the workers to pay anything. Worker cases must be expedited, and independent translators should be available at all Labour Departments and courts.

Labour rights must take precedent over immigration law. Do not deport until worker claims are determined and settled by Labour Department and/or courts.

Charles Hector

Pranom Somwong

For and on behalf of the following 90 organizations

ALIRAN,  

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

Asia Pacific Mission for Migrants (APMM)

Asian Migrants Center (AMC)

Assistance Association for Political Prisoners (Burma)

Bahrain Center for Human Rights

Bahrain Youth Society for Human Rights

Bangladesh Burma Border

BAYAN USA

BUGKOS

Building and Wood Workers International Asia Pacific Regional Office

Burma Campaign, Malaysia

Burmese Women's Union (BWU)

Coalition To Abolish Modern-Day Slavery In Asia

Committee for Asian Women (CAW)

Communication Workers Union P&T Branch Victoria

Community Development Services (CDS), Sri Lanka

Coordination of Action Research on AIDS & Mobility (CARAM-ASIA)

Cordillera Alliance Hong Kong 

Democratic Party for a New Society (DPNS), Burma

FICAP – Aichi

Filipino Migrants Center – FMC

Filipino Migrant Workers Union Chapter Rd Chapter 

Forum for Democracy in Burma

GABRIELA – Japan

Gabriela-Taiwan

Grassroots Human Rights Education & Development (GHRE-FED), Thailand

HOME, Singapore

Human Rights Education Institute of Burma

IHI Action Group (Iwi Have Influence), New Zealand

IMA Research Foundation, Bangladesh

Institute for National and Democracy Studies (INDIES)

Kachin Women's Association, Thailand

KAFIN – Nagoya

KL & Selangor Chinese Assembly Hall Youth Section

Lawyers for Human Rights & Legal Aid (LHRLA), Pakistan

League of Filipino Seniors (LFS)

Legal Support for Children and Women (LSCW), Cambodia

MADPET - Malaysians against Death Penalty and Torture

Malaysia Youth and Students Democratic Movement (DEMA)

MAP Foundation, Thailand

May 1st Coalition, Co-Coordinator, USA

Mekong Migration Network ( MMN)

Migrante Aotearoa New Zealand

Migrant Forum in Asia (MFA) 

Migramte Australia

Migrante-Denmark chapter

MIGRANTE Europe (Amsterdam, the Netherlands)

Migranteng Ilonggo sa Taiwan

Migrante International

Migrante international - Hsinchuang chapter

Migrante International - Taiwan chapter

Migrante Melbourne

Migrante-Middle East and Migrante-Saudi Arabia chapter

MIGRANTE – Nagoya

Migrants  Trade Union (MTU), Korea

Migrant Workers Network – New Zealand

National League for Democracy [NLD (LA)], Malaysia

Nepal Institute of Development Studies( NIDS) ,NEPAL

Network for Empowerment of Women in Vietnam

Network of Action for Migrants in Malaysia (NAMM)

Parti Rakyat Malaysia (PRM)

Penggerak Belia Zon 23 MPSJ, Malaysia

Persatuan Masyarakat Selangor & Wilayah Persekutuan, Malaysia

Persatuan Penduduk Taman Muhibbah, Malaysia

Persatuan Prihatin Komuniti KL & Selangor

Philippine Society in Japan – Nagoya

PINATUD A SALENG TI UMILI

PINAY (Montreal)

POURAKHI, Nepal

Pusat Komas, Malaysia

Persatuan Sahabat Wanita Selangor, Malaysia

Rights Jessore, India

Shan Refugee Organization (Malaysia)

Shan Women Action Network (SWAN), Thailand

St. John's Cathedral HIV Education Centre, Hong Kong

Suara Rakyat Malaysia (SUARAM)

Tenaganita, Malaysia

The Communications Union (CEPU), Victoria Branch

The Development Action for Women Network (DAWN), Philippines

The Federation of Trade Unions Burma (FTUB)

The Filipino Women's Organization in Quebec

The National Human Rights Society (Persatuan Kebangsaan Hak Asasi  Manusia, HAKAM), Malaysia

The Shwe Gas Movement

Unite Union New Zealand

Women Empowerment Association

Women Petition Committee

Workers Hub for Change (WH4C)

Yaung  Chi Oo Workers Association  ( YCOWA)

Yayasan Annisa Swasti (YASANTI), Indonesia

AUNG SAN SUU KYI IS FREE ! - Just Media Statement

Media Statement

AUNG SAN SUU KYI IS FREE !

The International Movement for a Just World (JUST) warmly welcomes the release of Aung San Suu Kyi, the world’s most famous political prisoner, from house arrest on 13 November 2010.

Imprisoned for 15 out of the last 21 years by a military junta which has suppressed the people’s struggle for human rights and democracy in Myanmar, Suu Kyi has emerged as an enduring, universal symbol of the eternal quest for freedom. Her indomitable courage and her unwavering perseverance have won accolades from individuals and groups all over the world. What is remarkable about her commitment to her cause is her ability to retain her dignity and her integrity in the face of formidable odds.

There is much speculation on why the junta set her free. Since a political party spawned by the junta, the Union Solidarity and Development Party (USDP) won a farcical election by a huge margin a few days ago, the regime may have felt that its position is secure enough to release Suu Kyi. On the other hand, given widespread allegations of electoral fraud, her release may also be a way of refurbishing the regime’s tattered public image. It is also true that for some years now, Myanmar’s ASEAN partners and even its close ally, China, have been quietly cajoling the regime to end Suu Kyi’s incarceration. 

 

Whatever the reasons, JUST hopes that her freedom will not be short-lived. She was released in 1995, after six years in detention. Then in 2000 she was arrested and imprisoned again for two years. After a brief spell of freedom, she was imprisoned for a third time in 2003. She remained in prison or under house arrest for the next seven years. ASEAN governments and China should go all out to dissuade the military junta from detaining Suu Kyi again. 

 

To prove that it is sincere about Suu Kyi’s release, the junta should set free the 2,200 political prisoners languishing in jails in different parts of the country. It should also begin to relax its iron grip upon the media and allow social groups to exercise a degree of autonomy in their evaluation of the regime’s governance. Myanmar’s monks should also be given some latitude to act as the nation’s conscience.

Suu Kyi would certainly want to encourage the regime to move in this direction. In this regard, she should be more strategic than she has been in the past. While holding on to her principles, she should act in such a manner that the regime will have no excuse to abrogate her freedom or to tighten even further its hold upon society. 

 

Let Suu Kyi’s freedom this time pave the way for the eventual liberation of the people of Myanmar.

Dr. Chandra Muzaffar,

President,

International Movement for a Just World (JUST)

Malaysia

14 November 2010

Should we boycott Jogoya Restaurants until the workers who claimed their rights are re-instated?

The employer allegedly wrongly deducted from wages of their employees to recover the levy they had to pay the government of Malaysia for hiring foreign workers. 

The workers complained - and later referred the matter to the Labour Department - exactly what workers have to do when the employer violates their rights - wrongful deduction of wages, non-payment of wages/benefits, etc..

When these workers fought for their rights - and did what the Malaysian law required of them, the employer terminated them.  

The employer also withheld the passports of these workers - which again is wrong. Will the Malaysian police/immigration department charge the employer in court for holding on to the passport of another? Why not? Is it because the UMNO-led BN government is pro-employer anti-worker? Charge the employer....

Myanmar workers: Passports returned minus February pay

Yap Aik Meng

Tuesday, March 16th, 2010 11:06:00

BITTERSWEET: The Myanmar workers showing their passports returned to them

KUALA LUMPUR: It was a bittersweet day for the 26 Myanmar workers who lost their jobs as waiters and waitresses at a Japanese restaurant and subsequently had their passports withheld by their former employers. They received their passports yesterday.

However, it came at a cost.

Their previous employer, Jogoya Restaurant based in Starhill shopping centre, is now refusing to pay the February wages owed to them, and is instead deducting the wages from their service points.

A meeting between the Jogoya management, the Myanmar workers as well as Malaysian Trades Union Congress (MTUC) officials, took place at the Federal Territory Labour Department office in Wisma Perkeso yesterday.

However, MTUC senior industrial relations officer Peter Kandiah told The Malay Mail it was not entirely a happy ending for the workers.

"At the meeting, the restaurant management stated they were willing to give back the passports. However, they are not willing to pay the workers their February salary," said Kandiah.

"They claim this is because the workers failed to show up for work during the period when they had protested against the restaurant's treatment of them."

Kandiah also argued with the restaurant management's stand that they were only willing to pay the return airfares for 10 of the Myanmar workers, instead of all 26.

The restaurant, he claimed, stated that the other workers have to fulfill the contract requirements, and hence they didn't qualify for the tickets.

"However, as the restaurant had already acted illegally by deducting the workers' levy, they should not be talking about breach of contract. They should pay for all their airfares," he said.

Kandiah wants the Labour Department director-general to prosecute the restaurant management as he claimed they illegally and unlawfully deducted levy for the workers.

Kandiah is seeking a meeting with the department today.

Meanwhile, one of the Myanmar workers, Zar Ni Swe, said that despite the mess, she and her colleagues were grateful to get their passports back.

"At least I'm not afraid of being caught by the authorities without any identification documents on me. However, I still hope that the case can be resolved soon," she said.

The Malay Mail yesterday front-paged the plight of the 26 workers, who claimed that on March 2, they were given a week's notice that their services were no longer required.

Some were made to pay a RM450 levy to the restaurant, also a month's salary of RM150 as compensation for "previous mistakes" and immigration costs of RM150.

Those with no savings were told to work for another company until they paid their dues to get their passports back.

After receiving no help from the various authorities, the workers finally found support from the MTUC which referred them to the FT Labour Department.

The Paper That Cares was alerted to the development and last Thursday, the department sent five officers to the restaurant to get back the workers' passports but were unable to meet the management as well.

The Labour Department officers then instructed the restaurant to instead send its representatives to the department to return the passports, refund the deducted levies, to pay wages to the workers until March 15, and also provide their return air tickets.

The restaurant management met the department officers on March 12 to negotiate the department's demands. - Malay Mail, 16/3/2010, Myanmar workers: Passports returned minus February pay

You claim your rights - and your employer terminates your services & also do not to pay for their airfare back to their home country. Why? Because the employer alleges that the workers did not fulfill their contracts.

" Did not fulfill their contracts"  - Well, was it not the employer who wrongly deducted wages? Was it not the employer that terminated their services when the took steps to claim their rights?

The law provides an avenue for workers to complain if they believe that their worker rights are being violated - and this is the Labour Department (Labour Court), or in the case of wrongful dismissal where one is seeking re-instatement - the Industrial Relations Department.

When a worker goes to the Labour Department, he lodges his complaint and his claim. 

Labour Department informs the employer and seeks his response.

Labour Department tries to resolve dispute between employer and workers.

If 'mediation'/negotiations do not work - we proceed to the Labour Trial, where parties put forward their evidence (and challenge the other side's evidence), and at the end of the day, the Labour Court decides.

Then, if the court decides in favour of the workers - the employer will be ordered to do the needful.

If the court decides against the workers, that is it.

[Of course, parties have a right to then bring the matter to the High Court,...]

What must an employer do when workers claim their rights?

Certainly not terminate these workers - and, I believe, that the law must place a very high penalty  (or even make it an offence) on employers who terminate their workers when they utilize the mechanisms available to claim their rights as workers. 

What this Jogoya Restaurant did, as reported, is so wrong. Maybe Malaysians who are for human rights and worker rights should BOYCOTT Jogoya.until :-

a) All workers are immediately reinstated as workers without loss of benefits,

b) The employer returns all wrongful deduction from wages,

c) All these workers be allowed to work until at the very least the end of their contract period, and the employer pays for the necessary airfare back home, etc...

Jogoya Malaysia

Since its opening in January 2006, Jogoya's flagship Japanese buffet restaurant on the Relish Floor of Starhill Gallery, Kuala Lumpur has attracted more than 1 million customers. With a large area of nearly 30000 square feet, Jogoya buffet restaurant in Kuala Lumpur can accommodate up to 580 guests at a time.


The whole interior design is made based on the 'flowing' concept and has a variety of dining area such as the disclosed area, semi-disclosed, private seats for couples and the VIP rooms.


Using the highest quality of ingredients (No Pork), the creative and skilled chefs at Jogoya have prepared more than 200 dishes of different style like Chinese, Western, Japanese, Malaysian and a lot of other styles. This has made Jogoya an irresistible place to enjoy delicious cuisines.


Recently, we have added Haagen-Dazs ice-creams to our dessert menu as we want to serve you the best quality ice-creams. Besides, we also provides unlimited liquor such as wines and cocktails and you do not need to pay extra for it.- Jogoya Website

See earlier posts:-

Levy Deductions: Workers Complain Employers Terminate - Government Must Act Against Such Employers

26 Burmese Migrants suddenly terminated ....will they get justice?

Burma Campaign Malaysia, MTUC and Malay Mail do good in workers' struggle for rights