Monday, February 27, 2012

Isu Pekerja dan Kesatuan Pekerja kurang diberi perhatian oleh Pakatan Rakyat

Melihat Buku Jingga Pakatan Rakyat, saya merasakan bahawa isu pekerja dan kesatuan pekerja tidak cukup diambil kira.

Isu yang disentuh hanya:-

a) Isu gaji minima - di mana di sini pun tidak dinyatakan gaji minima yang akan ditetapkan. Adakah gaji minima ini RM700-00? Perlu dengan jelas tahap gaji minima yang akan ditetapkan sekali gus apabila Pakatan Rakyat mengambil alih kuasa pentadbiran. 

b) Hak Pekerja Untuk Berkesatuan - sudahpun ada. Adakah seksyen yang mengakhiri keahlian kesatuan apabila dibuang kerja secara salah akan dimansuhkan?

c) Akta Peluang Saksama - tetapi bukankah Perlembagaan kita sudah mempunyai prinsip ini untuk semua pekerja kecuali pekerjaan sektor awam. 

d) Memperkukuhkan sistem Kumpulan Wang Simpanan Pekerja dan memperkenalkan sistem pencen untuk setiap pekerja sektor swasta.- tak ada butiran mengenai KWSP - tetapi sistem pencen untuk setiap pekerja memang perlu. (Kerajaan BN pun sudah mulai membincangkan isu ini)

e) Usia tamat tempoh perkhidmatan 60 tahun

 f) Dana Penamatan Kerja untuk pembiayaan sementara rakyat yang hilang pekerjaan - ini amat perlu, selari dengan cadangan MTUC untuk satu National Retrenchment Fund.Kini kerajaan BN hanya menubuhkan dana untuk latihan semula pekerja di mana dana ini diberikan kepada pihak majikan sahaja - bukan pekerja.

Tetapi banyak isu pokok dan isu semasa berkaitan pekerja langsung tidak disentuh

a) Adakah pindaan Akta Kerja 1955 yang baru diluluskan di Parlimen, yang di tentang pekerja, MTUC dan union lain akan dimansuhkan?

b) Adakah pekerjaan tetap sampai umur bersara akan dikembalikan dan diutamakan, dan sistem kontrak pekerjaan jangka pendek akan dihapuskan atau dihadkan kepada tidak melebihi 5-10% tenaga kerja di sesuatu tempat kerja?

c) Adakah perhubungan kerja (employment relationship) terus di antara majikan (tuan punya/operator tempat kerja) dan pekerja akan dipastikan? Adakah sistem mengunakan pekerja(employee) pihak ketiga di tempat kerja, yang kini melemahkan union dan pekerja, diharamkan? Adakah 'kontraktor untuk kerja'(contractor for labour) akan diharamkan? Adakah tindakan BN mahu menjadikan 'contractor for labour' majikan pekerja, bukan lagi tuan punya/operator tempat kerja dihalang?

Saya tidak puas hati dengan janji-janji mengenai isu pekerja dan kesatuan yang terkandung dalam Buku Jingga Pakatan Rakyat, yang merupakan janji-janji mereka apabila mereka berjaya dalam pilihan raya akan datang. Apa pendapat saudara pekerja dan kawan dari union...

Pakatan Rakyat mesti faham bahawa majoriti pengundi adalah pekerja dan keluarga pekerja, atau ibu-bapa bakal pekerja...dan olehkerana itu isu-isu berkaitan hak dan kebajikan pekerja mesti diutamakan... 

34% dari pekerja Malaysia (dianggarkan seramai 4 juta orang) dibayar gaji kurang dari RM700 sebulan, iaitu bayaran dibawah paras kemiskinan.

"Membela golongan termiskin berpendapatan isi rumah di bawah RM1,500 tanpa mengira kaum dengan mensasarkan matlamat menjamin pendapatan isi rumah minima RM4,000 setiap keluarga dalam tempoh 5 tahun Pakatan Rakyat berkuasa. Ini boleh dilaksanakan melalui beberapa dasar bersepadu yang bertujuan mengangkat pendapatan rakyat dan menambah peluang pekerjaan agar setiap isi rumah mempunyai lebih dari seorang yang berpendapatan. Dasar-dasar ini termasuklah pelaksanaan gaji minima, undang-undang majikan yang memberi ruang kepada kaum wanita melaksanakan tugasan dari rumah, skim latihan untuk menukar dan menaiktaraf tenaga kerja dan bantuan keusahawanan yang tidak mengamalkan diskriminasi..."

"...Menyelesaikan krisis pembiayaan pendidikan tinggi (yang dijangka akan menyebabkan defisit PTPTN melambung ke paras RM46 bilion dalam masa sedekad) dengan mengurangkan beban peminjam dengan cara memperkenalkan polisi pinjaman tanpa faedah dan membenarkan pembayaran semula enam bulan setelah peminjam mendapat pekerjaan tetap.

"...Tenaga Kerja


 Memperkenalkan gaji minima untuk semua pekerja Malaysia.


 Mempertahankan hak pekerja untuk membentuk kesatuan sekerja mengikut kesesuaian dan pilihan pekerja sendiri dan memastikan mereka diberi hak dan perlindungan selaras dengan piawaian antarabangsa.

 Memperkenalkan Akta Peluang Saksama untuk memastikan peluang pekerjaan terbuka kepada semua.


 Menyokong pengusaha dan peniaga Perusahaan Kecil dan Sederhana dengan menyediakan capaian kepada pinjaman dan prasarana yang mencukupi serta mengurangkan karenah birokrasi.


 Mempermudahkan bantuan kepada nelayan dan petani untuk memacu peningkatan produktiviti.


 Menyusun dasar pekerja asing yang bersepadu dan mengurangkan kebergantungan negara kepada pekerja asing.

 Menyediakan sistem sokongan kepada golongan terbabit dalam sektor ekonomi informal seperti peniaga kecil, penjaja, petani dan mereka yang bekerja sendiri.


Jaringan Perlindungan Sosial

 Memperkukuhkan sistem Kumpulan Wang Simpanan Pekerja dan memperkenalkan sistem pencen untuk setiap pekerja sektor swasta.

 Menubuhkan Dana Penamatan Kerja untuk pembiayaan sementara rakyat yang hilang pekerjaan, subsidi untuk latihan semasa kerja dan latihan semula pekerja.

 Memperkenalkan usia tamat tempoh perkhidmatan 60 tahun bertujuan memberi peluang kepada mereka yang ingin terus menyumbang kepada masyarakat. - di petik daripada Buku Jingga Pakatan Rakyat dari laman web PR.


Friday, February 24, 2012

MPPP going overboard with Jessie Ooi - but no more anymore

As a follow-up to my earlier posting,Has the MPPP gone overboard with Jessie Ooi's comments? How should a good government deal with critics and opponents?, I enclose below a Media Statement issued by ALIRAN on the issue.

If a person makes a complaint or allegation about the police over alleged misconduct of some police officers, should the response be the Police taking action against the said person. [It has allegedly happened when a person complaints about torture, suddenly that person is faced with a criminal charge of making a false report, etc...This fear and this kind of response by authority has effectively silenced many victims/witnesses from highlighting such torture, etc...]

Likewise, if someone points out or raises some information about corruption in the PM's office, should the PM or the Government of Malaysia take action against the said person.

Likewise the case of Jessie Ooi and the MPPP...and thankfully, the MPPP has decided...(see below for the full Malaysiakini report)

The Penang Municipal Councillors have decided not to take legal action or move a motion against controversial Selangor MCA Beliawanis chief Jessie Ooi in its full council meeting today.

When it comes to government or government institutions or some other public institutions, the response must NEVER be going after or against the alleged critic or complainant with Legal Suits or Criminal Prosecution or even personal attacks in the Media, the response must always be investigation and clarification - that is it. 

After all, we want an open government that is most open to criticisms and complaints, some of which sadly may be baseless or just inaccurate. It matters not...After all, individually, it really is difficult to clarify...verify - thanks to the lack of transparency and accountability, and sometimes the said persons may just not have the capacity to do the verifying/clarifying or even making attempts to do so, which someone like a professional journalist or even an academic researcher may be able to do. 

I know that even writing to the Prime Minister and some Ministers receives sometimes not even a response acknowledging receipt, with an assurance that the concerns will be looked into. As an example, a letter I send for and/on behalf of over 100 civil society groups requesting a response - never even got a response. [Remember also that protest is coming from all over the world, now more than 115 are saying Malaysia Must Protect Worker and Union Rights, and withdraw proposed unjust amendments to Employment Act - Labour Suppliers Should Not Be Employers - There is still no response from the Prime Minister of Malaysia, the Human Resource Minister or the Malaysian Human Rights Commission(SUHAKAM) who were sent a letter, enclosing the statement calling for action and asking for a response...(The letters was posted on or about 29/10/2011, and still no response ...)]

We need 'whistle-blowers' - we need people to complain...criticize...express their opinion, and they should be protected from any repercussions - especially when it involves government, government bodies, public officers, Ministers, MPs, ADUNs, Local Councillors, companies, etc - more so when it is an issue of public interest broadly defined of course (not the narrow definition given by some courts), a human rights issue, an environmental concern, etc... Complainants, criticisms and differing opinions are always good and help us all build a better society...


Aliran views with deep concern the threat by the Penang Island City Council to take legal action against Selangor MCA Beliawanis chief Jessie Ooi for having posed queer questions pertaining to the City Council and Penang during the much-hyped Lim-Chua debate recently. 


Events proved that she was one confused lady who shouldn’t have made a fool of herself.

While Ms Ooi’s questions may be irritatingly laughable – and she’s paying for that by the odium she has invited from angry Malaysians – threatening to slap her with a legal suit is indeed going overboard.

The dangerous signal sent out to the general public – to paraphrase Ms Ooi – is that you could get punished severely in future even for raising pertinent questions about the City Council. When people know what is the truth and what is a lie is there a need to resort to this kind of action?

Unless they rescind their intended legal action, in this instance, the City Council’s heavy-handedness will not go down well with people who cherish the culture of freedom of expression and accountability.

We call upon the City Council to call off their intended legal threat, and instead focus on other things that really matter to the people of Penang Island. Besides, this would save the ratepayers’ money that would have been wasted on the entire legal procedure.

On Jessie’s part, she should apologise for her outburst based on inaccurate ‘facts’. That should close the matter.

Aliran Executive Committee
24 February 2012

The said Malaysiakini report:-

'MPPP won't sue, let the rakyat judge Jessie Ooi'

The Penang Municipal Councillors have decided not to take legal action or move a motion against controversial Selangor MCA Beliawanis chief Jessie Ooi in its full council meeting today.
NONE
Councillor L Prem Anand (right), however, addressed the council to condemn Ooi for disparaging the reputation of council workers over clamping and towing activities in Penang.

After the meeting, councillor Ong Ah Teong said the councillors have decided not to purse taking action against Ooi.

“We prefer to focus on serving the people as Ooi continues to twist and turn her words and allegations,” he told reporters during a press conference attended by the councillors.

Ong said the councillors unanimously agreed to “spare her because we pity her” as she appears not to be aware of what she wants, when she made her allegations.

“Let the rakyat judge her attitude. We have decided not to waste public funds to initiate legal action against her,” he said.

“What we know is that this is MCA’s dirty tactics to undermine the Pakatan Rakyat government in Penang by implicating the MPPP,” he added.

“We accept criticisms and suggestions on how the MPPP can improve its services to benefit Penangites, but we would not accept slander and lies about our workers who work hard to ensure the city is in good shape,” he stressed.
NONE
Ong said Ooi's behaviour has revealed a can of worms about the actual nature and character of MCA leaders, who tend to “lie and twist” their statements to mislead the people.

He added that the people must be cautious as these leades would continue to “lie” to cover up their party’s misdeeds.

He stressed that the councillors would be able to preserve their dignity and integrity by not stooping so low as to impose further action on Ooi.

‘Possible backlash to their action’

It is learnt that the councillors decided not to antagonise Ooi further as there may be a backlash to their action, while Ooi may turn out looking like a victim of harassment.

Recently, the councillors condemned Ooi and vowed to take action against her if she fails to apologise or retract her statement during the recent debate between MCA president Chua Soi Lek and Penang CM Lim Guan Eng in Kuala Lumpur.

Ooi, who is Selayang BN coordinator, was given until today to recant or face action by the councillors.

Ooi became an overnight session after she posed questions to Lim during the debate with Chua on Feb 18, raising concerns over clamping and towing of cars illegally parked in Penang.

She has responded to scores of critics on the manner in which she posed her questions, crying harassment and voweing to take legal action on those who allegedly defamed her and her family on the Internet. - Malaysiakini, 24/2/2012, 'MPPP won't sue, let the rakyat judge Jessie Ooi'

Now, in the report, it was alleged that one of the Local Councillors said.... 

“What we know is that this is MCA’s dirty tactics to undermine the Pakatan Rakyat government in Penang by implicating the MPPP,” he added.
This, I believe should not be something that a Local Councillor should be saying, certainly not as a local councilor.  He can always make the same comment as an individual person, a Pakatan Rakyat political party member or committee...but not in his capacity as a MPPP Councillor....Maybe, it was a comment not made as Local Councillor and the report is incorrect.

We have often criticized public officers for using the office to support the BN -- likewise, let us be cautious that when one holds a public office (or is speaking in that capacity), he does not use it to promote certain political parties and attack opposition parties

In public office, as a MPPP Councillor, you carry out your duties and functions as an Local Councillor for and on behalf of all the people that you serve. You are are there not representing this or that political party anymore, despite the fact that they appointed you or not (after all Local Councillors should be elected...and I wait patiently for that to happen soonest - End this appointment nonsense for we are a democracy and democracy must exist at all levels of government)

Wednesday, February 22, 2012

Has the MPPP gone overboard with Jessie Ooi's comments? How should a good government deal with critics and opponents?

How does the government, be it the Federal government, the State government and/or the Local Government, deal with criticisms (even allegations), other opinions and questions?

Well, when it came to the BN - it was not very good, but alas I am sad to see that when it comes to the Opposition governments, it seems to be also the same. And this is very very sad...

The recent Malaysiakini report which reported what the MPPP Councillors (i.e. those appointed by the Pakatan Rakyat state government - not yet elected by the people) would like to do in response to allegations made by a person..

"...A group of Penang municipal (MPPP) councillors today expressed their unhappiness over MCA Beliawanis chief Jessie Ooi’s statement condemning local council workers for carrying out car clamping exercises.The councillors have vowed to take action against Ooi, and the kind of action will be decided at a full council meeting on Friday...."

First - people need to be encouraged to express themselves and their opinions, which sometimes may be allegations based on information they heard or gathered from others. The likelihood that there may be inaccuracies and/or inconsistencies is always there, and should be naturally accepted.

Second - Government and/or government officials/officers response must be (1) Investigation, and (2) Report the Result of the said Investigation and clarify any inaccuracies. [Being government, they can use all the available venues to do this]. A meeting/dialogue with the person/s who raised the concern and members of the public is also a good thing for the sake of accountability and transparency. Very wrong to condemn, demonize, threathen action against critics - even the worse of them.

Thirdly - If there were some basis for the allegations/comments, then the government should be open to suggestions for improvements. [On this clamping car allegations - maybe one need to be put in place avenues of complaints - phone numbers/emails one could call up and make allegations]. Maybe, a special council meeting that is open to the public, not during working hours, could be held to listen to the allegations, give the MPPP's feedback and listen to general comments/points made by the members of the public.

Are the MPPP Local Council meetings open to the public?? Are there open-dialogue with members of the public held on a regular basis at the MPPP - of course after working hours?

In reference to the Malaysiakini report, I believe that the MPPP is really over-reacting and they are getting very personal with the person who has raised these allegations/comments. Is this clouded by the fact that she is a member of an Opposition party? This should not be. 

"Councillor Ong Ah Teong said the council is mulling action against Ooi as she has slandered the enforcement officers who were merely carrying out their duties, according to standard operating procedures."

Apparently, some of the MPPP members are 'vowing'... this is getting a bit too much, is it not. From the report, they want to 'condemn' her...

Meanwhile, another MPPP councillor, L Prem Anand (right), said the councillors will move a motion at Friday’s meeting to condemn Ooi for her false remarks.

Come now, I do want change - a change from BN rule to Pakatan rule - and so, when I see the Pakatan Rakyat's appointed councilors doing this, it saddens me and I hope that a review of what happened is done, and a better Code of Conduct be developed emphasing openess to criticisms and even opposition, accountability and transparency. 

What is happening this Jessie Ooi, which really may be a 'political response' given the fact that she is some MCA person will have an impact - It will scare other persons from criticizing or opposing or disagreeing with actions, positions, policy of the government. Why? Because the risk that they will turn their guns on you...for your comments. Maybe, just being silent is the best. Hello...we want to liberate all Malaysians from this culture of silence so that they can be more participative in government at all levels.. 

MPPP has answered - have clarified, and that should be that. There is no need for threats or condemnation or further action against her..This is my opinion.

Apologise or face action, councillors warn Jessie Ooi

A group of Penang municipal (MPPP) councillors today expressed their unhappiness over MCA Beliawanis chief Jessie Ooi’s statement condemning local council workers for carrying out car clamping exercises.

NONEThe councillors have vowed to take action against Ooi, and the kind of action will be decided at a full council meeting on Friday.

The group wants Ooi to retract her remarks regarding clamping and towing of cars in Penang by council workers, claiming her's were all “baseless accusations”.

The councillors are giving Ooi until Friday to retract and apologise for her statement “disparaging the reputation of council workers”.
Ooi became infamous overnight over the manner in which she posed questions to Penang Chief Minister Lim Guan Eng, during the great debate with MCA president Chua Soi Lek on Feb 18 in Kuala Lumpur.

After attracting bags of criticism for her remarks, she cried harassment and has vowed to take legal action against those who defamed her on the Internet.

NONEDuring the press conference held by the councillors at the MPPP building in Padang Kota Lama today, a video clip was screened, showing Ooi in action.

Councillor Ong Ah Teong said the council is mulling action against Ooi as she has slandered the enforcement officers who were merely carrying out their duties, according to standard operating procedures.

Ong added that Ooi’s statements were contradictory; during the debate she had questioned why cars needed to be clamped when there were hardly any vehicles around at about 10.30pm.

Later, she told the press that the area on Beach Street lacked parking lots, Ong said.

“What does she really mean? She has to come clear on this. There are about 1,000 parking lots in the area that she mentioned,” said Ong.

“She also said someone had been injured during a scuffle with an enforcement office over a clamping incident, however, it is the officer who was actually hurt and he has lodged a police report.”

Officers in scuffle with youths

The incident reportedly took place last October when an officer issued a ticket to a man for illegally parking along Jalan Burmah.

The man was said to have expressed his unhappiness over the matter, refused to accept the ticket, and informed his son, who later arrived at the scene with six others, and a scuffle ensued.

NONEBut the officer Shamsul Mohd Noor (right), who was at the press conference, claimed that the youth hit him and his colleague Jamaluddin Karim with a helmet as both were on duty on the day in question.

The duo have since lodged a police report and claimed that the youth had been detained for causing hurt to the officers as there was a CCTV camera at the scene of the incident.

“We did not fight back because we are not allowed to do so, according to our duties and responsibilities,” he said.

“But while the scuffle happened, we tried to avoid being hit, and the youth’s brother who was also there, got hit by the helmet instead."

NONEMeanwhile, another MPPP councillor, L Prem Anand (right), said the councillors will move a motion at Friday’s meeting to condemn Ooi for her false remarks.

He added that the allegations against the council workers and the increase in Penang’s assessment rates are “baseless”.

“She is desperate and emotional. She went to the debate only to attack Guan Eng, not to ask questions during the debate,” he added.

Councillor Iszuree Ibrahim said Ooi’s remarks appear to be defending the wrongdoers and this reflects poorly on the party’s reputation.

“Her remarks are a slap in her own face and the party. She tried to get publicity for herself but without knowing it, it backfired on her and her party,” he added.
MPPP provides 395 parking lots in Beach Street 
On a related matter, councillor Muhammad Sabri Md Osman said MPPP has provided 56 metered and 136 ticketed parking lots, while a multi-storey carpark had been recently build for 203 vehicles in Beach Street.

Along the street, added Muhammad Sabri, are other alternative places available for drivers to park their cars, for example, in Lebuh Union, Gat Lebuh Gereja and Gat Lebuh Cina.

There are 28 parking lots  and 273 lots in a multi-story carpark in Lebuh Union alone; 57 in Gat Lebuh Gereja and 76 in Gat Lebuh Cina, he added.

There were a total of 829 lots provided for parking by the MPPP, and they do not include those by the private sector, he stressed.

Muhammad Sabri also said that clamping and towing are provided for under Section 48 of the 1987 Road Transport Act (Amended 2011).

“According to the enforcement records, no vehicle was towed away in Beach Street at the purported time of 10.30pm, as claimed by Ooi. So far the MPPP had only towed away 12 cars around Penang,” he noted.

“And until today, there had only been one case of violence being reported, which actually involved injury to our own staff. The case is still being probed by the police,” he added.- Malaysiakini, 22/2/2012, Apologise or face action, councillors warn Jessie Ooi

Wonder how many media statements and/or press conferences have the MPPP had, and on what important issues. Jessie Ooi made an allegation. The MPPP has responded publicly. Regarding the alleged incident, apparently a police report has already been lodged...So really, as far as the Local Council, the issue should be considered closed. The Local Councillors are public servants, and should not use their office and resources for other purposes. Wonder whether this may be considered a 'political issue' - an issue to attack the MCA or BN. Hopefully not, for we have so many times criticized the BN for doing just that - using public resources and also officers to promote BN and attack the Opposition.


 




 

A blow for Freedom of Peaceful Assembly/Expression and anti-ISA struggle

A most disappointing judgment of the court, and a great blow to the Freedom of Peaceful Assembly and protest in Malaysia.

Well, really the Federal Constitution provides for this Freedom - but our laws take it away when it says that this freedom cannot be exercised without the permission of the police. And if you do apply, the giving of the permission normally is delayed - and even if given, the conditions imposed are draconian. I remember some time back when I heard that when an opposition party applied for the police permission to hold a political dinner gathering, permission was allegedly granted on condition that there be no political speeches. In any event, why should we ask police for permission. I believe that requiring the informing of the police of such a protest for the purpose can come guarantee that this right of peaceful assembly is exercised without interference from 3rd parties, or obstructions to traffic flows, etc..., it may be OK - but in Malaysia, the police is given the almost absolute power in determining whether we can exercise this right of peaceful assembly.

There is a new law (maybe still not law) governing Peaceful Assembly, and the government allege that it will do away with police permissions, etc - but this is only if the protests are held at designated areas. Unfortunately, I did not see any list of designated areas, and if they say it can be done only in closed-door environments, including stadiums - it really defeats the purpose of freedom of assembly and protest, which must be done in a public area because the object of such protests is to convince members of the public about the cause, concern or issue - what is the use of like minded people already convinced of an issue coming in a room gathering, shouting slogans and carrying banners...

What is worse is that this was an anti-ISA protest - and even this BN government has declared that they will be repealing this most draconian law (which of course is yet to happen if it ever does) 

Given the BN's alleged position now on peaceful assembly and the ISA, the right thing that they should have done is withdraw the charges earlier and not proceed with this trial....but they chose not to, and that is indicative that our government really is not for 'freedom of peaceful assembly' or even the abolition of the ISA and other Detention Without Trial laws...


16 anti-ISA protesters guilty of illegal assembly
Sixteen people who were arrested three years ago for protesting against the Internal Security Act were found guilty of illegal assembly by a sessions court in Kuala Lumpur today.
Eleven of the 16 whp were present in court today were sentenced to a day's jail and fined RM2,000 each, or a week's jail in default, by sessions judge Ainul Shahrin Mohamad.
The sentencing of two others who could not be present in court today and three others who were absent and had arrest warrants issued against them, will be delivered on March 21.

Judge Ainul ruled that the charge against the 16 had been proven beyond reasonable doubt and the accused failed to create doubts on the prosecution case.

The 16 people were on Aug 3, 2009, charged with illegal assembly under the Penal Code. Alternatively, they were charged with illegal assembly under the Police Act 1967.

NONEThey were arrested between 9am and 1.30pm on Aug 1, 2009, in the vicinity of Masjid Negara and Jalan Tunku Abdul Rahman, Kuala Lumpur.
Three of the accused were not present in court and judge Ainul issued warrants of arrest against them.
The 16 are Nordin Mohamad, Hayati Abdul Samad, Salmah Ismail, Norlaila Othman, Nashita Mohd Noor, Rashini, Hasbullah Pit, Wan Muhamad Jazlan Razali, Mohd Petri Mohd Yassin, Syaza Muaz Shaharudin, Mohd Sukri Mohd Sirat, Mohamd Sukeri Muhammad, Mohd Sallehuddin Yusop, Zulsifli Kama Kutty, Mohd Fazlzy Mohd Ismail and Norazam Sakib.

The two  “absent with reason” are Hayati and Syaza, who had informed the court of their inability to attend. Hayati's mother died early this morning, while Syaza is attending to her mother who is seriously ill.

The offence of illegal assembly is punishable with a jail term of six months and a fine.

DPP Yusaini Ameer Abdul Karim prosecuted.

Among the MPs present during the hearing were PKR vice-president Nurul Izzah Anwar (Lembah Pantai) and Tian Chua (Batu). Selangor PKR government information chief Badrul Amin, PSM secretary-general S Arutchelvam and the late Teoh Beng Hock's sister, Lee Lan.- Malaysiakini, 22/2/2012, 16 anti-ISA protesters guilty of illegal assembly
 

Friday, February 17, 2012

MTUC sokong cadangan lanjut usia bersara (Sinar Harian) - tetapi??

Tetapi persoalan yang perlu ditanya..

a) Memandangkan lebih ramai pekerja di Malaysia kini bekerja berasaskan kontrak jangkamasa tetap/pendek, adakah penambahan usia persaraan akan bermakna kepada mereka apabila majikan boleh bila-bila enggan memasuki kontrak baru dengan pekerja ini? Jaminan perlu diberikan kepada pekerja kontrak  jangka masa tetap/pendek bahawa (a) apabila tempoh kontrak tamat, majikan HARUS menawarkan kontrak baru kepada pekerja lama ini dan tidak sewenang-wenangnya memasuki kontrak baru dengan pekerja baru, dan (b) kontrak pekerjaan sedemikian seterusnya mesti terus ditawarkan sehingga tarikh usia bersara baru ini.

b) Memandangkan lebih ramai pekerja kini bukan lagi 'employee'(pekerja) kilang/ladang tempat mereka bekerja tetapi adalah pekerja yang dibekalkan oleh kontraktor luar ('contractor for labour'), Jaminan yang harus diberikan kepada mereka juga adalah:- (a) Bahawa lanjutan usia bersara juga akan terpakai untuk mereka,  dan juga (b) Bahawa majikan mereka tidak akan mengunakan taktik lain saperti memindahkan mereka ke tempat kerja lain jauh daripada tempat kerja kini sedia ada untuk memaksa pekerja menamatkan kontrak dan oleh kerana itu melepaskan diri dari obligasi memberikan kerja sehingga usia bersara yang bakal ditetapkan undang-undang negara.

MTUC harus jangan lupa bahawa mereka adalah wakil semua pekerja di Malaysia, kini dan pada masa akan datang, bukan sahaja pekerja yang kini ahli kesatuan yang menjadi ahli MTUC.




Wartawan Sinar Harian
16 Februari 2012
SHAH ALAM - Kongres Kesatuan Sekerja Malaysia (MTUC) menyambut baik cadangan Menteri Sumber Manusia, Datuk Seri Dr S Subramaniam supaya umur persaraan bagi kakitangan swasta dilanjutkan kepada 64 tahun dan had bersara mandatori pada usia 60 tahun.

Presidennya, Mohd Khalid Atan berkata, beliau bersetuju dengan cadangan itu kerana ia dapat membantu menampung kos sara hidup yang kian meningkat.

Menurutnya, seorang pekerja tidak perlu menunggu sehingga usia 64 tahun untuk bersara, sebaliknya keputusan untuk bersara awal bergantung kepada mereka.

 “Secara purata, 50 peratus pencarum Kumpulan Wang Simpanan Pekerja (KWSP) hanya menerima RM50,000 sahaja selepas bersara pada umur 55 tahun. Dengan cadangan melanjutkan had mandatori usia bersara kepada 60 tahun, simpanan KWSP akan bertambah,” katanya kepada Sinar Harian.

Beliau ketika ditanya mengenai kesan negatif terhadap peluang pekerjaan kepada lepasan pelajar jika skim saraan ini dinaikkan, berkata, peluang pekerjaan masih banyak di Malaysia dan banyak kekosongan jawatan dalam sektor awam dan swasta.

Katanya, faktor kekurangan peluang pekerjaan bukan alasan cadangan ini menghalang mereka untuk mendapatkan kerja.

“Cadangan melanjutkan umur persaraan yang akan dibentangkan tidak mendatangkan masalah, malah ia bertujuan membantu pekerja untuk berdepan dengan keadaan ekonomi negara yang semakin pesat membangun.

“Perkara ini dapat diatasi sekiranya majikan mengurangkan pengambilan pekerja warga asing di negara ini. Dengan cara ini, peluang pekerja akan lebih meluas serta dapat kurangkan pengangguran,” katanya.

Sementara itu, Pengurus Besar Perhubungan Awam KWSP, Nik Affendi Jaafar berkata, setakat ini caruman KWSP masih kekal seperti biasa.

“Tiada sebarang pertukaran kepada prosedur caruman (KWSP) yang diubah ketika ini. KWSP akan memaklumkan kepada majikan jika terdapat sebarang perubahan mengikut prosedur ditetapkan,” katanya.

Tuesday, February 14, 2012

MALAYSIA SHOULD UPHOLD THE HIGHEST STANDARDS IN THE PROMOTION AND PROTECTION OF HUMAN RIGHTS

PRESS STATEMENT

MALAYSIA SHOULD UPHOLD THE HIGHEST STANDARDS IN THE PROMOTION AND PROTECTION OF HUMAN RIGHTS

The Human Rights Commission of Malaysia (the Commission) is greatly disappointed with the recent hasty deportation of the Saudi newspaper columnist Hamza Kashgari, who was under the detention by Malaysian police on 9 February, reportedly at the request of the Saudi Arabian authorities. That Kashgari was deported even after a written plea by the Commission to the Home Minister to consider his case in line with human rights principles and in particular, the non-refoulment principle under which a person facing persecution in his country should not be returned to that country, came as a shock.
 
Kashgari’s deportation will have severe negative impact on the country as it violates international human rights laws and instruments especially those enshrined in Articles 3, 10 and 11 of the Universal Declarations of Human Rights (UDHR), under which it is incumbent upon the Government to guarantee that everyone has the right to life, liberty and security; that everyone is entitled in full equality to a fair and public hearing; and that everyone has the right to be presumed innocent until proven guilty according to law in a public trial. Kashgari, whose case has attracted international media headlines, has been denied these rights.

In this regard, the Commission reiterates its call to the Government, being a member of the UN Human Rights Council, to illustrate its commitment to uphold the highest standards in the promotion and protection of human rights in the country.
 
-END-

“HUMAN RIGHTS FOR ALL” 

DATUK DR KHAW LAKE TEE
Vice Chairman
The Human Rights Commission of Malaysia (SUHAKAM)
13 February 2012

Saturday, February 11, 2012

1Care: In Thailand Universal Healthcare - all need pay RM3 for each and every visit to the hospital

Yes, all that you need to pay in Thailand is RM3 (30 Baht) every time you visit the hospital - and nothing else. And you can go to both government and participating private hospitals. And this includes all tests and medicines.

Who funds it? It all comes from the government funds... 

Remember healthcare is a basic human right - and we must use government funds to provide universal healthcare to all in Malaysia. Malaysia spends about 7% of its money on healthcare, in comparison Thailand spends about 10-11%.

Tuesday, February 07, 2012

High percentages in actions to provide electricity, piped water, in the past few years indicates failure of BN government

Watching television, we see statistics - percentage of BN government in resolving issues like electrity, piped water, houses for the poor - and over the past couple of years compared to previously, the achievement in comparison with the past many years of BN government rule is most impressive - more than hundreds of percent improvement - some even maybe thousands of percent.

Fact :- It has been the Barisan Nasional (or the earlier Alliance), both UMNO, MCA and MIC led coalition that have been ruling Malaysia since independence - 1957.

Fact - Malaysia has always been blessed with riches - rubber, oil palm, tin, petroleum ....

It is the duty/responsibility of government to ensure that all in Malaysia do have electricity, water supply, houses, roads, etc... - and as such these percentages of achievement over the past few years that we see on TV nowadays (close to the next GE) is in no way an achievement - it is a FAILURE on the part of the BN government.
The fact that these percentage of achievement over the past few years is even an indication of a MUCH BIGGER FAILURE - the percentage and the numbers should have been very very small indicative of the how the BN government have been most successful in fulfilling the obligations of any good government in ensuring that all its people have the basic of all necessities... 

Malaysians will not be fulled by these HIGH percentages showing BN's current achievement - and the BN should have been 'smarter' to know that such data is merely an indication of how much the BN has failed us all in ensuring that all in Malaysia do have electricity, piped water, sewage facilities, proper homes, roads, etc...When faced with the threat of losing the upcoming General Elections, they are all too quick to try remedy their failures... it is so sad.

I, a Malaysian, would have expected that all in Malaysia had proper homes, electricity supply, piped water, sewage treatment services, roads, etc within ten(10), if not twenty(20) years of our independence - but alas the UMNO-led coalition governments failed to even achieve this...




Friday, January 27, 2012

Good consumers choose to buy products made in respect of human rights worker rights - something about Apple

In the past, most consumers were only concerned with product quality and pricing BUT today people are also concerned whether the products they choose to purchase are made in compliance with human rights worker rights and environmental rights standards. Were workers oppressed and their rights violated? Was there contamination that polluted the environments? Was there sexual harassment? Was there discrimination?

The concern about compliance of human rights and worker rights is not just limited to the place where the final product is manufactured but with regards the entire supply chain, i.e. from the point of extraction of minerals and raw products, from the person that makes the various components that is used in making the end products.....

The rationale is that if you were to buy consumer or commercial products which came into being as a result of rights violations and other injustices, then you, the consumer, is in fact condoning such violations and injustices - not just condoning but may also be considered 'guilty' of such violations.

Today, in the market, we have many choices compared to the past... and as such we really can choose to only buy products produced in respect of human rights, worker rights and environmental rights...

Came across an article about Apple, which was published in the New York Times online, which is an interesting read...[Note that I have copied and pasted this article here, and there may be inadvertent errors, and as such it best to visit The New York Times website to read the original]
The iEconomy

In China, Human Costs Are Built Into an iPad

The explosion ripped through Building A5 on a Friday evening last May, an eruption of fire and noise that twisted metal pipes as if they were discarded straws. 

When workers in the cafeteria ran outside, they saw black smoke pouring from shattered windows. It came from the area where employees polished thousands of iPad cases a day. 

Two people were killed immediately, and over a dozen others hurt. As the injured were rushed into ambulances, one in particular stood out. His features had been smeared by the blast, scrubbed by heat and violence until a mat of red and black had replaced his mouth and nose. 

“Are you Lai Xiaodong’s father?” a caller asked when the phone rang at Mr. Lai’s childhood home. Six months earlier, the 22-year-old had moved to Chengdu, in southwest China, to become one of the millions of human cogs powering the largest, fastest and most sophisticated manufacturing system on earth. That system has made it possible for Apple and hundreds of other companies to build devices almost as quickly as they can be dreamed up. 

“He’s in trouble,” the caller told Mr. Lai’s father. “Get to the hospital as soon as possible.” 

In the last decade, Apple has become one of the mightiest, richest and most successful companies in the world, in part by mastering global manufacturing. Apple and its high-technology peers — as well as dozens of other American industries — have achieved a pace of innovation nearly unmatched in modern history.

However, the workers assembling iPhones, iPads and other devices often labor in harsh conditions, according to employees inside those plants, worker advocates and documents published by companies themselves. 

Problems are as varied as onerous work environments and serious — sometimes deadly — safety problems.
Employees work excessive overtime, in some cases seven days a week, and live in crowded dorms. Some say they stand so long that their legs swell until they can hardly walk. Under-age workers have helped build Apple’s products, and the company’s suppliers have improperly disposed of hazardous waste and falsified records, according to company reports and advocacy groups that, within China, are often considered reliable, independent monitors. 

More troubling, the groups say, is some suppliers’ disregard for workers’ health. Two years ago, 137 workers at an Apple supplier in eastern China were injured after they were ordered to use a poisonous chemical to clean iPhone screens. Within seven months last year, two explosions at iPad factories, including in Chengdu, killed four people and injured 77. Before those blasts, Apple had been alerted to hazardous conditions inside the Chengdu plant, according to a Chinese group that published that warning

“If Apple was warned, and didn’t act, that’s reprehensible,” said Nicholas Ashford, a former chairman of the National Advisory Committee on Occupational Safety and Health, a group that advises the United States Labor Department. “But what’s morally repugnant in one country is accepted business practices in another, and companies take advantage of that.”

Apple is not the only electronics company doing business within a troubling supply system. Bleak working conditions have been documented at factories manufacturing products for Dell, Hewlett-Packard, I.B.M., Lenovo, Motorola, Nokia, Sony, Toshiba and others.

Current and former Apple executives, moreover, say the company has made significant strides in improving factories in recent years. Apple has a supplier code of conduct that details standards on labor issues, safety protections and other topics. The company has mounted a vigorous auditing campaign, and when abuses are discovered, Apple says, corrections are demanded.

And Apple’s annual supplier responsibility reports, in many cases, are the first to report abuses. This month, for the first time, the company released a list identifying many of its suppliers.

But significant problems remain. More than half of the suppliers audited by Apple have violated at least one aspect of the code of conduct every year since 2007, according to Apple’s reports, and in some instances have violated the law. While many violations involve working conditions, rather than safety hazards, troubling patterns persist.

“Apple never cared about anything other than increasing product quality and decreasing production cost,” said Li Mingqi, who until April worked in management at Foxconn Technology, one of Apple’s most important manufacturing partners. Mr. Li, who is suing Foxconn over his dismissal, helped manage the Chengdu factory where the explosion occurred.

“Workers’ welfare has nothing to do with their interests,” he said.

Some former Apple executives say there is an unresolved tension within the company: executives want to improve conditions within factories, but that dedication falters when it conflicts with crucial supplier relationships or the fast delivery of new products. Tuesday, Apple reported one of the most lucrative quarters of any corporation in history, with $13.06 billion in profits on $46.3 billion in sales. Its sales would have been even higher, executives said, if overseas factories had been able to produce more.

Executives at other corporations report similar internal pressures. This system may not be pretty, they argue, but a radical overhaul would slow innovation. Customers want amazing new electronics delivered every year.

“We’ve known about labor abuses in some factories for four years, and they’re still going on,” said one former Apple executive who, like others, spoke on the condition of anonymity because of confidentiality agreements. “Why? Because the system works for us. Suppliers would change everything tomorrow if Apple told them they didn’t have another choice.”

“If half of iPhones were malfunctioning, do you think Apple would let it go on for four years?” the executive asked.


Color China Photo, via Associated Press
An explosion last May at a Foxconn factory in Chengdu, China, killed four people and injured 18. It built iPads. 

Apple, in its published reports, has said it requires every discovered labor violation to be remedied, and suppliers that refuse are terminated. Privately, however, some former executives concede that finding new suppliers is time-consuming and costly. Foxconn is one of the few manufacturers in the world with the scale to build sufficient numbers of iPhones and iPads. So Apple is “not going to leave Foxconn and they’re not going to leave China,” said Heather White, a research fellow at Harvard and a former member of the Monitoring International Labor Standards committee at the National Academy of Sciences. “There’s a lot of rationalization.” 

Apple was provided with extensive summaries of this article, but the company declined to comment. The reporting is based on interviews with more than three dozen current or former employees and contractors, including a half-dozen current or former executives with firsthand knowledge of Apple’s supplier responsibility group, as well as others within the technology industry.

In 2010, Steven P. Jobs discussed the company’s relationships with suppliers at an industry conference.
“I actually think Apple does one of the best jobs of any companies in our industry, and maybe in any industry, of understanding the working conditions in our supply chain,” said Mr. Jobs, who was Apple’s chief executive at the time and who died last October.

“I mean, you go to this place, and, it’s a factory, but, my gosh, I mean, they’ve got restaurants and movie theaters and hospitals and swimming pools, and I mean, for a factory, it’s a pretty nice factory.”

Others, including workers inside such plants, acknowledge the cafeterias and medical facilities, but insist conditions are punishing.

“We’re trying really hard to make things better,” said one former Apple executive. “But most people would still be really disturbed if they saw where their iPhone comes from.”
 
The Road to Chengdu
In the fall of 2010, about six months before the explosion in the iPad factory, Lai Xiaodong carefully wrapped his clothes around his college diploma, so it wouldn’t crease in his suitcase. He told friends he would no longer be around for their weekly poker games, and said goodbye to his teachers. He was leaving for Chengdu, a city of 12 million that was rapidly becoming one of the world’s most important manufacturing hubs.

Though painfully shy, Mr. Lai had surprised everyone by persuading a beautiful nursing student to become his girlfriend. She wanted to marry, she said, and so his goal was to earn enough money to buy an apartment.
Factories in Chengdu manufacture products for hundreds of companies. But Mr. Lai was focused on Foxconn Technology, China’s largest exporter and one of the nation’s biggest employers, with 1.2 million workers. The company has plants throughout China, and assembles an estimated 40 percent of the world’s consumer electronics, including for customers like Amazon, Dell, Hewlett-Packard, Nintendo, Nokia and Samsung.

Foxconn’s factory in Chengdu, Mr. Lai knew, was special. Inside, workers were building Apple’s latest, potentially greatest product: the iPad.

When Mr. Lai finally landed a job repairing machines at the plant, one of the first things he noticed were the almost blinding lights. Shifts ran 24 hours a day, and the factory was always bright. At any moment, there were thousands of workers standing on assembly lines or sitting in backless chairs, crouching next to large machinery, or jogging between loading bays. Some workers’ legs swelled so much they waddled. “It’s hard to stand all day,” said Zhao Sheng, a plant worker.

Banners on the walls warned the 120,000 employees: “Work hard on the job today or work hard to find a job tomorrow.” Apple’s supplier code of conduct dictates that, except in unusual circumstances, employees are not supposed to work more than 60 hours a week. But at Foxconn, some worked more, according to interviews, workers’ pay stubs and surveys by outside groups. Mr. Lai was soon spending 12 hours a day, six days a week inside the factory, according to his paychecks. Employees who arrived late were sometimes required to write confession letters and copy quotations. There were “continuous shifts,” when workers were told to work two stretches in a row, according to interviews. 

Mr. Lai’s college degree enabled him to earn a salary of around $22 a day, including overtime — more than many others. When his days ended, he would retreat to a small bedroom just big enough for a mattress, wardrobe and a desk where he obsessively played an online game called Fight the Landlord, said his girlfriend, Luo Xiaohong.  

Those accommodations were better than many of the company’s dorms, where 70,000 Foxconn workers lived, at times stuffed 20 people to a three-room apartment, employees said. Last year, a dispute over paychecks set off a riot in one of the dormitories, and workers started throwing bottles, trash cans and flaming paper from their windows, according to witnesses. Two hundred police officers wrestled with workers, arresting eight. Afterward, trash cans were removed, and piles of rubbish — and rodents — became a problem. Mr. Lai felt lucky to have a place of his own.

Foxconn, in a statement, disputed workers’ accounts of continuous shifts, extended overtime, crowded living accommodations and the causes of the riot. The company said that its operations adhered to customers’ codes of conduct, industry standards and national laws. “Conditions at Foxconn are anything but harsh,” the company wrote. Foxconn also said that it had never been cited by a customer or government for under-age or overworked employees or toxic exposures.

“All assembly line employees are given regular breaks, including one-hour lunch breaks,” the company wrote, and only 5 percent of assembly line workers are required to stand to carry out their tasks. Work stations have been designed to ergonomic standards, and employees have opportunities for job rotation and promotion, the statement said.

“Foxconn has a very good safety record,” the company wrote. “Foxconn has come a long way in our efforts to lead our industry in China in areas such as workplace conditions and the care and treatment of our employees.”
 
Apple’s Code of Conduct
In 2005, some of Apple’s top executives gathered inside their Cupertino, Calif., headquarters for a special meeting. Other companies had created codes of conduct to police their suppliers. It was time, Apple decided, to follow suit. The code Apple published that year demands “that working conditions in Apple’s supply chain are safe, that workers are treated with respect and dignity, and that manufacturing processes are environmentally responsible.”

But the next year, a British newspaper, The Mail on Sunday, secretly visited a Foxconn factory in Shenzhen, China, where iPods were manufactured, and reported on workers’ long hours, push-ups meted out as punishment and crowded dorms. Executives in Cupertino were shocked. “Apple is filled with really good people who had no idea this was going on,” a former employee said. “We wanted it changed, immediately.”
Apple audited that factory, the company’s first such inspection, and ordered improvements. Executives also undertook a series of initiatives that included an annual audit report, first published in 2007. By last year, Apple had inspected 396 facilities — including the company’s direct suppliers, as well as many of those suppliers’ suppliers — one of the largest such programs within the electronics industry.

Those audits have found consistent violations of Apple’s code of conduct, according to summaries published by the company. In 2007, for instance, Apple conducted over three dozen audits, two-thirds of which indicated that employees regularly worked more than 60 hours a week. In addition, there were six “core violations,” the most serious kind, including hiring 15-year-olds as well as falsifying records.

Over the next three years, Apple conducted 312 audits, and every year, about half or more showed evidence of large numbers of employees laboring more than six days a week as well as working extended overtime. Some workers received less than minimum wage or had pay withheld as punishment. Apple found 70 core violations over that period, including cases of involuntary labor, under-age workers, record falsifications, improper disposal of hazardous waste and over a hundred workers injured by toxic chemical exposures. 

Last year, the company conducted 229 audits. There were slight improvements in some categories and the detected rate of core violations declined. However, within 93 facilities, at least half of workers exceeded the 60-hours-a-week work limit. At a similar number, employees worked more than six days a week. There were incidents of discrimination, improper safety precautions, failure to pay required overtime rates and other violations. That year, four employees were killed and 77 injured in workplace explosions. 

“If you see the same pattern of problems, year after year, that means the company’s ignoring the issue rather than solving it,” said one former Apple executive with firsthand knowledge of the supplier responsibility group. “Noncompliance is tolerated, as long as the suppliers promise to try harder next time. If we meant business, core violations would disappear.”

Apple says that when an audit reveals a violation, the company requires suppliers to address the problem within 90 days and make changes to prevent a recurrence. “If a supplier is unwilling to change, we terminate our relationship,” the company says on its Web site.

The seriousness of that threat, however, is unclear. Apple has found violations in hundreds of audits, but fewer than 15 suppliers have been terminated for transgressions since 2007, according to former Apple executives.

“Once the deal is set and Foxconn becomes an authorized Apple supplier, Apple will no longer give any attention to worker conditions or anything that is irrelevant to its products,” said Mr. Li, the former Foxconn manager. Mr. Li spent seven years with Foxconn in Shenzhen and Chengdu and was forced out in April after he objected to a relocation to Chengdu, he said. Foxconn disputed his comments, and said “both Foxconn and Apple take the welfare of our employees very seriously.”

Apple’s efforts have spurred some changes. Facilities that were reaudited “showed continued performance improvements and better working conditions,” the company wrote in its 2011 supplier responsibility progress report. In addition, the number of audited facilities has grown every year, and some executives say those expanding efforts obscure year-to-year improvements.

Apple also has trained over a million workers about their rights and methods for injury and disease prevention. A few years ago, after auditors insisted on interviewing low-level factory employees, they discovered that some had been forced to pay onerous “recruitment fees” — which Apple classifies as involuntary labor. As of last year, the company had forced suppliers to reimburse more than $6.7 million in such charges.

“Apple is a leader in preventing under-age labor,” said Dionne Harrison of Impactt, a firm paid by Apple to help prevent and respond to child labor among its suppliers. “They’re doing as much as they possibly can.”
Other consultants disagree.

“We’ve spent years telling Apple there are serious problems and recommending changes,” said a consultant at BSR — also known as Business for Social Responsibility — which has been twice retained by Apple to provide advice on labor issues. “They don’t want to pre-empt problems, they just want to avoid embarrassments.”
 
‘We Could Have Saved Lives’
In 2006, BSR, along with a division of the World Bank and other groups, initiated a project to improve working conditions in factories building cellphones and other devices in China and elsewhere. The groups and companies pledged to test various ideas. Foxconn agreed to participate.

For four months, BSR and another group negotiated with Foxconn regarding a pilot program to create worker “hotlines,” so that employees could report abusive conditions, seek mental counseling and discuss workplace problems. Apple was not a participant in the project, but was briefed on it, according to the BSR consultant, who had detailed knowledge.

As negotiations proceeded, Foxconn’s requirements for participation kept changing. First Foxconn asked to shift from installing new hotlines to evaluating existing hotlines. Then Foxconn insisted that mental health counseling be excluded. Foxconn asked participants to sign agreements saying they would not disclose what they observed, and then rewrote those agreements multiple times. Finally, an agreement was struck, and the project was scheduled to begin in January 2008. A day before the start, Foxconn demanded more changes, until it was clear the project would not proceed, according to the consultant and a 2008 summary by BSR that did not name Foxconn. 

The next year, a Foxconn employee fell or jumped from an apartment building after losing an iPhone prototype. Over the next two years, at least 18 other Foxconn workers attempted suicide or fell from buildings in manners that suggested suicide attempts. In 2010, two years after the pilot program fell apart and after multiple suicide attempts, Foxconn created a dedicated mental health hotline and began offering free psychological counseling.  

“We could have saved lives, and we asked Apple to pressure Foxconn, but they wouldn’t do it,” said the BSR consultant, who asked not to be identified because of confidentiality agreements. “Companies like H.P. and Intel and Nike push their suppliers. But Apple wants to keep an arm’s length, and Foxconn is their most important manufacturer, so they refuse to push.”

BSR, in a written statement, said the views of that consultant were not those of the company.

“My BSR colleagues and I view Apple as a company that is making a highly serious effort to ensure that labor conditions in its supply chain meet the expectations of applicable laws, the company’s standards and the expectations of consumers,” wrote Aron Cramer, BSR’s president. Mr. Cramer added that asking Apple to pressure Foxconn would have been inconsistent with the purpose of the pilot program, and there were multiple reasons the pilot program did not proceed.

Foxconn, in a statement, said it acted quickly and comprehensively to address suicides, and “the record has shown that those measures have been successful.”
 
A Demanding Client

Every month, officials at companies from around the world trek to Cupertino or invite Apple executives to visit their foreign factories, all in pursuit of a goal: becoming a supplier.

When news arrives that Apple is interested in a particular product or service, small celebrations often erupt. Whiskey is drunk. Karaoke is sung.

Then, Apple’s requests start.

Apple typically asks suppliers to specify how much every part costs, how many workers are needed and the size of their salaries. Executives want to know every financial detail. Afterward, Apple calculates how much it will pay for a part. Most suppliers are allowed only the slimmest of profits.

 So suppliers often try to cut corners, replace expensive chemicals with less costly alternatives, or push their employees to work faster and longer, according to people at those companies.

“The only way you make money working for Apple is figuring out how to do things more efficiently or cheaper,” said an executive at one company that helped bring the iPad to market. “And then they’ll come back the next year, and force a 10 percent price cut.” 

In January 2010, workers at a Chinese factory owned by Wintek, an Apple manufacturing partner, went on strike over a variety of issues, including widespread rumors that workers were being exposed to toxins. Investigations by news organizations revealed that over a hundred employees had been injured by n-hexane, a toxic chemical that can cause nerve damage and paralysis. 

Employees said they had been ordered to use n-hexane to clean iPhone screens because it evaporated almost three times as fast as rubbing alcohol. Faster evaporation meant workers could clean more screens each minute. 

Apple commented on the Wintek injuries a year later. In its supplier responsibility report, Apple said it had “required Wintek to stop using n-hexane” and that “Apple has verified that all affected workers have been treated successfully, and we continue to monitor their medical reports until full recuperation.” Apple also said it required Wintek to fix the ventilation system. 

That same month, a New York Times reporter interviewed a dozen injured Wintek workers who said they had never been contacted by Apple or its intermediaries, and that Wintek had pressured them to resign and take cash settlements that would absolve the company of liability. After those interviews, Wintek pledged to provide more compensation to the injured workers and Apple sent a representative to speak with some of them. 

Six months later, trade publications reported that Apple significantly cut prices paid to Wintek. 

“You can set all the rules you want, but they’re meaningless if you don’t give suppliers enough profit to treat workers well,” said one former Apple executive with firsthand knowledge of the supplier responsibility group. “If you squeeze margins, you’re forcing them to cut safety.”  

Wintek is still one of Apple’s most important suppliers. Wintek, in a statement, declined to comment except to say that after the episode, the company took “ample measures” to address the situation and “is committed to ensuring employee welfare and creating a safe and healthy work environment.”

Many major technology companies have worked with factories where conditions are troubling. However, independent monitors and suppliers say some act differently. Executives at multiple suppliers, in interviews, said that Hewlett-Packard and others allowed them slightly more profits and other allowances if they were used to improve worker conditions.

“Our suppliers are very open with us,” said Zoe McMahon, an executive in Hewlett-Packard’s supply chain social and environmental responsibility program. “They let us know when they are struggling to meet our expectations, and that influences our decisions.”
 
The Explosion

On the afternoon of the blast at the iPad plant, Lai Xiaodong telephoned his girlfriend, as he did every day. They had hoped to see each other that evening, but Mr. Lai’s manager said he had to work overtime, he told her.

He had been promoted quickly at Foxconn, and after just a few months was in charge of a team that maintained the machines that polished iPad cases. The sanding area was loud and hazy with aluminum dust. Workers wore masks and earplugs, but no matter how many times they showered, they were recognizable by the slight aluminum sparkle in their hair and at the corners of their eyes.

Just two weeks before the explosion, an advocacy group in Hong Kong published a report warning of unsafe conditions at the Chengdu plant, including problems with aluminum dust. The group, Students and Scholars Against Corporate Misbehavior, or Sacom, had videotaped workers covered with tiny aluminum particles. 

“Occupational health and safety issues in Chengdu are alarming,” the report read. “Workers also highlight the problem of poor ventilation and inadequate personal protective equipment.” 

A copy of that report was sent to Apple. “There was no response,” said Debby Chan Sze Wan of the group. 

“A few months later I went to Cupertino, and went into the Apple lobby, but no one would meet with me. I’ve never heard from anyone from Apple at all.” 

The morning of the explosion, Mr. Lai rode his bicycle to work. The iPad had gone on sale just weeks earlier, and workers were told thousands of cases needed to be polished each day. The factory was frantic, employees said. Rows of machines buffed cases as masked employees pushed buttons. Large air ducts hovered over each station, but they could not keep up with the three lines of machines polishing nonstop. Aluminum dust was everywhere.

Dust is a known safety hazard. In 2003, an aluminum dust explosion in Indiana destroyed a wheel factory and killed a worker. In 2008, agricultural dust inside a sugar factory in Georgia caused an explosion that killed 14.

Two hours into Mr. Lai’s second shift, the building started to shake, as if an earthquake was under way. There was a series of blasts, plant workers said.

Then the screams began.

When Mr. Lai’s colleagues ran outside, dark smoke was mixing with a light rain, according to cellphone videos. The toll would eventually count four dead, 18 injured.

At the hospital, Mr. Lai’s girlfriend saw that his skin was almost completely burned away. “I recognized him from his legs, otherwise I wouldn’t know who that person was,” she said.

Eventually, his family arrived. Over 90 percent of his body had been seared. “My mom ran away from the room at the first sight of him. I cried. Nobody could stand it,” his brother said. When his mother eventually returned, she tried to avoid touching her son, for fear that it would cause pain.

“If I had known,” she said, “I would have grabbed his arm, I would have touched him.”

“He was very tough,” she said. “He held on for two days.”

After Mr. Lai died, Foxconn workers drove to Mr. Lai’s hometown and delivered a box of ashes. The company later wired a check for about $150,000. 

Foxconn, in a statement, said that at the time of the explosion the Chengdu plant was in compliance with all relevant laws and regulations, and “after ensuring that the families of the deceased employees were given the support they required, we ensured that all of the injured employees were given the highest quality medical care.” After the explosion, the company added, Foxconn immediately halted work in all polishing workshops, and later improved ventilation and dust disposal, and adopted technologies to enhance worker safety.  

In its most recent supplier responsibility report, Apple wrote that after the explosion, the company contacted “the foremost experts in process safety” and assembled a team to investigate and make recommendations to prevent future accidents.

In December, however, seven months after the blast that killed Mr. Lai, another iPad factory exploded, this one in Shanghai. Once again, aluminum dust was the cause, according to interviews and Apple’s most recent supplier responsibility report. That blast injured 59 workers, with 23 hospitalized.

“It is gross negligence, after an explosion occurs, not to realize that every factory should be inspected,” said Nicholas Ashford, the occupational safety expert, who is now at the Massachusetts Institute of Technology. “If it were terribly difficult to deal with aluminum dust, I would understand. But do you know how easy dust is to control? It’s called ventilation. We solved this problem over a century ago.”

In its most recent supplier responsibility report, Apple wrote that while the explosions both involved combustible aluminum dust, the causes were different. The company declined, however, to provide details. 

The report added that Apple had now audited all suppliers polishing aluminum products and had put stronger precautions in place. All suppliers have initiated required countermeasures, except one, which remains shut down, the report said.

For Mr. Lai’s family, questions remain. “We’re really not sure why he died,” said Mr. Lai’s mother, standing beside a shrine she built near their home. “We don’t understand what happened.”
 
Hitting the Apple Lottery

Every year, as rumors about Apple’s forthcoming products start to emerge, trade publications and Web sites begin speculating about which suppliers are likely to win the Apple lottery. Getting a contract from Apple can lift a company’s value by millions because of the implied endorsement of manufacturing quality. But few companies openly brag about the work: Apple generally requires suppliers to sign contracts promising they will not divulge anything, including the partnership.

That lack of transparency gives Apple an edge at keeping its plans secret. But it also has been a barrier to improving working conditions, according to advocates and former Apple executives.

This month, after numerous requests by advocacy and news organizations, including The New York Times, Apple released the names of 156 of its suppliers. In the report accompanying that list, Apple said they “account for more than 97 percent of what we pay to suppliers to manufacture our products.”

However, the company has not revealed the names of hundreds of other companies that do not directly contract with Apple, but supply the suppliers. The company’s supplier list does not disclose where factories are, and many are hard to find. And independent monitoring organizations say when they have tried to inspect Apple’s suppliers, they have been barred from entry — on Apple’s orders, they have been told.

“We’ve had this conversation hundreds of times,” said a former executive in Apple’s supplier responsibility group. “There is a genuine, companywide commitment to the code of conduct. But taking it to the next level and creating real change conflicts with secrecy and business goals, and so there’s only so far we can go.” 

Former Apple employees say they were generally prohibited from engaging with most outside groups.
“There’s a real culture of secrecy here that influences everything,” the former executive said.

Some other technology companies operate differently.

“We talk to a lot of outsiders,” said Gary Niekerk, director of corporate citizenship at Intel. “The world’s complex, and unless we’re dialoguing with outside groups, we miss a lot.”

Given Apple’s prominence and leadership in global manufacturing, if the company were to radically change its ways, it could overhaul how business is done. “Every company wants to be Apple,” said Sasha Lezhnev at the Enough Project, a group focused on corporate accountability. “If they committed to building a conflict-free iPhone, it would transform technology.”

But ultimately, say former Apple executives, there are few real outside pressures for change. Apple is one of the most admired brands. In a national survey conducted by The New York Times in November, 56 percent of respondents said they couldn’t think of anything negative about Apple. Fourteen percent said the worst thing about the company was that its products were too expensive. Just 2 percent mentioned overseas labor practices.

People like Ms. White of Harvard say that until consumers demand better conditions in overseas factories — as they did for companies like Nike and Gap, which today have overhauled conditions among suppliers — or regulators act, there is little impetus for radical change. Some Apple insiders agree.

“You can either manufacture in comfortable, worker-friendly factories, or you can reinvent the product every year, and make it better and faster and cheaper, which requires factories that seem harsh by American standards,” said a current Apple executive.

“And right now, customers care more about a new iPhone than working conditions in China.” -

[A version of this article appeared in print on January 26, 2012, on page A1 of the New York edition with the headline: In China, the Human Costs That Are Built Into an iPad.]



SAFETY PRECAUTIONS After a rash of apparent suicide attempts, a dormitory for Foxconn workers in Shenzhen, China, had safety netting installed last May. Foxconn said it acted quickly and comprehensively to address employee suicides.