Tuesday, February 23, 2016

Of Directorship, Peoples Reps, PKR-DAP, Penang Land Reclamation, Corruption, Similarities with BN, ALTERNATIVE 'Opposition'???

A lot of reactions and media reports about the 'sacking'  of PKR ADUNs from Penang GLCs (or government owned companies). Well, it raises some disturbing concerns about our Opposition(PAS-DAP-PKR, and maybe that new Amanah now), the 'alternative", and their practices. We are looking at the questionable deals about appointment of Directors in GLCs, the disturbing fact that peoples' representatives are being appointed Directors in Companies - which would impact their primary concern being the good of the people, environment, workers, unions, etc...how will they vote where the two interests are in conflict with one another - in favour of businesses or in favour of the people? Is it time for Malaysians to look at new alternatives, if this is sad state of the current Opposition? 

One may have accepted such conduct from the PKR, being composed of previous members of the Barisan Nasional(BN) parties, but DAP? The similarities with the BN are most disturbing. Elected peoples' reps, now being paid so much more, should and must be full-time 'wakil rakyats', and certainly not distracted with their other professional or business interests - and, if they cannot give us the required full-time commitment, they should just resign, or we should just elect those who can be so... These distractions affect them becoming the best 'peoples' rep' they can be....with quality, knowledge ...but alas, some of these reps and their parties seems to 'self-centred', and concerned more with 'positions', power and money? The best interest of the people especially the poor and marginalised, the environment, justice and human rights may continue to suffer unless there are changes in policies and practices...  

WRONG FOR ADUNS/MPS/ETC TO BE APPOINTED AS DIRECTORS OF BUSINESSES/GLCS - WRONG FOR THEM TO BE GETTING ADDITIONAL INCOME FROM THESE APPOINTMENTS

DIRECTORSHIP in government-linked companies given to politicians of ruling party, Members of  Parliament, State Assembly persons(ADUN),... is WRONG, in my opinion. Well, most Directors get allowances/payments (which could range from RM10k to even higher) - and what happens when a 'peoples' representative' gets appointed? Does he keep this money for himself - or does he hand it back to the government? 

Our elected representatives (MPs/ADUNs/Senators/etc) today gets paid well, and remember that it is the people who are paying their salary/allowances. They should be FULL TIME peoples' representatives - and, given the number of the constituents in the constituencies, the amount of work to be done in the Parliament/State Assemblies, etc

Peoples' representatives have to be paying attention to all aspects of the political, socio-economic, and cultural life of the community. They have be playing an effective  'check and balance' role - and all these means a lot of study, research, consultation/meetings with the people they represent...., they need to take up peoples' issues, they should be striving for improvement ...reformasi...etc. They need to be asking QUESTIONS and thereafter making known the answers they receive - especially those answers that do not get an oral answer and is not reported in the Hansard, and also answers to questions asked outside the Parliament/State Assembly...

Now, when it comes to the ruling coalition, some of these 'peoples representatives' are called to be Cabinet Members and State Excos - meaning that here to they have the additional responsibility of governing the state - they become the EXECUTIVE.

BACKBENCHERS - COMPROMISED BY OFFER OF DIRECTORSHIP, REWARD, ETC BY THE EXECUTIVE?

Now, the other 'peoples' representatives' of the ruling coalition, commonly called the 'Back Bencher's' club - have the serious job of keeping an eye on the EXECUTIVE - to ensure all is done justly and correctly. They monitor the government ...they point out the wrongs of the EXECUTIVE, they question...

BUT, if the State government makes them Directors in Government-Linked companies(GLC), can they still be free to be the 'checks and balance'?. [As it is, a GAG ORDER is allegedly placed on peoples' representative by their respective parties - that prevents them from publicly disagreeing with the leadership, even the Executive, publicly supporting an opposing view - which may be coming from an 'Opposition' peoples' representative or party, even if in their heart and mind they do agree OR even if their constituents are of the similar view... SAD but true - and we call this Democracy - 'Parliamentary Democracy' - The 'WHIP' should be abolished - what is disturbing is that both BN and the Opposition does the same. We call them peoples' reps - but in practice they are seem to more like their 'party reps'

GOVERNMENT OWNED AND/OR LINKED DIRECTOR SHOULD BE PUBLIC OFFICERS FROM RELEVANT DEPARTMENT/MINISTRIES - WITH NO EXTRA REMUNERATIONS OR BENEFITS, IT IS PART OF THEIR WORK. OTHERS MAYBE PEOPLE FAMILIAR WITH THAT BUSINESS

Government appointed directors of GLCs and government-owned businesses - In my opinion, these must be best public officers from the relevant Ministries and/or Departments > and whatever monies that they get paid as Directors must flow back to the government, and not kept by them personally. This is logical as they are the people that is familiar with the said scope of business of the company - and have the necessary know-how.

If politicians, NOT elected resp, are to be appointed as Directors representing their parties - their function is primarily to make sure that there is no 'hanky panky' - but even then, there must be familiarity with the said business and business practice.

SELECT/OVERSIGHT COMMITTEES FOR GLC - WHERE ADUNS/MPS SHOULD BE?

Best, if elected reps even from the ruling coalition are appointed to a Parliamentary/State Assembly  Oversight or 'Select Committee' tasked with overseeing the actions of such GLCs and government-owned companies. They will ensure that nothing wrong is to be done or done. They are the 'eyes and ears' of the people. They may even be handling inquiries and even hearings concerning the said company...and these proceedings should even be open to the public.

IS THE APPOINTMENT OF ADUNS/MPS/POLITICIANS A FORM OF CORRUPTION?

CORRUPTION? - Now, the appointment of select ADUNs/MPs as Directors can be perceived as 'corruption' or 'pay offs' to ensure no problems and/or queries in all matters, and total loyalty and silence even when the government(Executive) may be doing something that is wrong or against party policy. They become 'compromised' peoples' reps - why? because if they do their work as peoples' reps properly, they may end up being removed and lose all that 'additional money' and probably other influences in the company when it comes to awarding projects/contracts, etc > which could also be corruptible 'influences'.

DIRECTOR'S PRIMARY CONCERN - WELLBEING OF COMPANY AND PROFITS?

DIRECTORS are responsible for the company, its operation, policy and businesses - and with businesses, the primary object is profit. When peoples' representatives are so influenced, will they even want to support necessary policies and legislations for the best interest of the people, the State, the environment - will they even speak up? Because, now their interest and concern is the well-being of the business and profits. More likely they will not support increased Minimum Wages, higher standard of working condition or even environmental protection, the policy that insist on regular employment, unionisation, abolition of the contractor for labour, etc - WHY? Directors primary concern is the wellbeing of the company and its profits...There is clearly a CONFLICT OF INTEREST with their being elected 'peoples' representatives - who now are also paid very well and enjoy good work benefits when it comes to medical/hospitalization benefits and even pension...

Political Parties may want a say in the Directors to be appointed, and even if the party wants to nominate someone - he/she must be familiar with the said business. A person who is not familiar, more likely than not would just be a 'seat warmer' giving no significant contributions to the business.

SHOULD GOVERNMENT EVEN OWN BUSINESSES? CONFLICT WITH DUTIES OF ENFORCEMENT AND IMPACTS ON LAWS AND POLICIES

As such, one must really also consider whether governments should even own or be involved in business at all.  It tends to make a government pro-business, and as such their actions may no longer be for the best interest of the people, the environment, the workers and/or unions. In the face of injustice and human rights violation, when the people plea to the government - will they heed the cries of the people, or have they been compromised by their business concerns and interests? Pleas for justice and human rights may also not be entertained by the government. Two recent cases that comes to mind is the case of Government owned Malaysian Airlines(MAS and now MAB], and the GLC DRB Hicom. 

DIRECTORSHIP - DISCRIMINATION AMONGST ELECTED REPS?

DIRECTORSHIPS - well, this also can lead to discrimination amongst the elected reps - Why should one be blessed with extra income, influence and power but not another? 

DIRECTORSHIP - well, what has happened in Penang recently is of interest, and so too the reaction of the PKR Deputy President? 

SO, WHAT HAPPENED IN PENANG?

* Well,  two PKR assemblymen have been sacked as directors of Penang state government companies apparently because they and three others from PKR abstained in the state assembly on an opposition-sponsored motion to halt land reclamation projects off the island. Well, it was it was an Opposition(BN) motion, and the ruling coalition(DAP-PKR-PAS-Amanah) decided that all their ADUNs will vote against the motion - well, an indication that our peoples' reps are no more true peoples' free to vote as they want after taking into cnsideration all relevant matters, especially the peoples' veiw...

* Well, they were not 'suspended' from the State Legislative Assembly - but merely as 'Directors' in some GLCs - so, why is Azmin(PKR's Deputy President & Selangor MB) reacting in this way? Should not PKR be only concerned about matters in the State Legislative Assembly...Azmin is apparently not so concerned about 'whether land reclamation should stop or not?" - but rather is protesting the removal of PKR ADUNs from the Directorship in GLCs? 

A DEAL/ARRANGEMENT BETWEEN DAP AND PKR? 

Was there a deal/arrangement between PKR and DAP that so many of their ADUNs or party members will be appointed as Directors in government-owned and/or GLCs of Penang? This, in my opinion, is so wrong... Are these political parties and their candidates offering themselves as 'peoples' representative' candidates in General Elections for an additional selfish reason of making self-enrichment or enrichment opportunities for their political parties, when I believe they only concern should be being an effective and efficient peoples' representative - ADUN/MP? Well, I say, reject such people in the next General Elections - we want people who are there to be the peoples' representative - nothing else, and now we pay them also quite a lot in remunerations and additional allowances. 

WE NEED FULL-TIME REPS - NOT DISTRACTED BY OTHER PERSONAL BUSINESS/PROFESSIONAL INTERESTS

My position( which I hope is a position that is shared also by most Malaysians) has been that they should be full-time 'wakil rakyat' - and they should not be still involved in any other businesses. If they still want to only spend just 'some time' being peoples' representative - but other times pursuing their professional careers and other business interests, then we do not need such people...We need only those who will be willing to be committed full-time, not part-timers] After all, being party members, they already spend a lot of time being involved in party matters - and, so when they are also involved in other 'side businesses' - when will they have the time to be good peoples' reps??

PKR'S REACTION TO 'SELF-INTEREST' CONCERNS, COMPARED TO OTHER ISSUES OF PUBLIC CONCERN?

Azmin's and PKR's reaction is disappointing - let's compare with the amount of public reaction they had to the MAS issue, for the Bauxite issue, for the Minimum Wage issue, for the Lynas and Bukit Koman issue,... just Google it up, and we see sadly that some of these political parties in Malaysia have been sadly lacking - their concerns seem to be more about matters of self interest or party interest - not so much the people, the environment, workers, unions, etc... More concern must also be for marginalized groups, the poor, etc...

'Animal Farm' Phenomena - Slowly transforming into what you sought to replace...?

The concern now is whether the alternative Opposition, we hoped for, are slowly being transformed and becoming similar to the Barisan Nasional(BN) that Malaysians were hoping to remove and replace. This is more so since they managed to win and govern several State governments - Penang, Selangor, Kelantan, Perak(for a while), Trengganu(for a term) and Kedah(for a term). What happened in George Orwell's, 'Animal Farm' maybe also happening to the PKR-PAS-DAP(and now the new Amanah) Opposition coalition. For so long, as many people was of the position that they want something other than the BN, this Opposition reaped the benefit by gaining more votes, more seats and the chance to even govern Malaysia in the near future. But, given these disturbing 'similarities' with the BN coalition, they wanted to remove, one worry about the future of Malaysia.

CIVIL SOCIETY ENJOYS MORE CREDIBILITY AND SUPPORT

I believe that the Opposition realises their predicament - that what they have is not real support of the people - but merely just a reaction arising from a desperate desire of Malaysians to have a change - an alternative that will be better. Looking just at the peaceful assemblies organized in recent times, it must be noted that it was not these Opposition parties that initiated or led, but it was really civil society groups and individuals that did. The Opposition, sensing the people's support for some of these campaigns, rather than be left out will come out with a statement of support asking their members to participate. Will these Opposition parties like PAS-DAP-PKR (or the new Amanah) be able to get as many people for programs they themselves initiate and organize? Even, if they were to organize a peaceful assembly calling for Anwar's release, will they get the public support? I doubt it. 

Whilst civil society takes the lead for 'free and fair elections', protests against the GST and TPPA, the failure of the Opposition to initiate and organize such protests of public concern is disturbing.

WHEN WILL MALAYSIANS ENJOY REAL DEMOCRACY?

Now, the motion that caused this PKR-DAP problem was a motion calling for a halt land reclamation projects off the island. How did the Penang government deal with it? Was it 'I was elected in during the last elections, so I will decide what's best for the people? If people are unhappy, they can express themselves come next election'???. Did the Penang government give the people of Penang a say in the matter? 

REFERENDUM - that would have been good where the people of Penang will have the opportunity to vote on the question whether the reclamation be halted or not? Now, in a democratic countries like Switzerland, even for a bridge or road to be built, there will be a Referendum - and this, I believe, is more democratic. Penang 'alternative' government could have done this to see where the people stand on this issue.

Taking it just to the Parliament or State Assembly, debating and voting just does not work - more so when MPs/ADUNs have no real freedom of expression, opinion or even vote. Even if you abstain, and not object, you get penalized because you did do as you were told. 

What happened to the making of Malaysia more democratic? What about the democratic elections at the kampung/kampung barus/taman/ etc - and there is no law preventing the State government doing this? What happened to the Local Council Elections pledge - abandoned? Well, the PKR-DAP-PAS assured us after 2008, that 25% independent civil society persons will be appointed to local councils, well Selangor just dropped that to less than 2%. This measure, was an interim measures, until we all get to democratically chose and vote in our own Local Councillors. 

TIME TO CHANGE OR ELSE...

So, our political parties and politicians need to re-evaluate themselves and change - OR risk the wrath of the people. Good people also need step forward and offer themselves as candidates for elections. Sadly, after the Opposition started winning, many started joining not because of driving desire for public service, justice or human rights - but rather for some other 'wrong reasons'. 

The Opposition strategy of keeping all of us focused on the wrongdoings of the BN is good, but is it enough? People are not fools - they also see what you are doing...

See related posts:-

MPs and ADUNs should be FULL TIME peoples' representative ...

Malaysian MPs - Party or People's Representative? Abolish the WHIP?

51 kini menuntut DRB HICOM MENGHORMATI HAK RAKYAT UNTUK MENGAMBIL BAHAGIAN DALAM PROSES DEMOKRASI DI MALAYSIA – Hentikan tindakan disiplin terhadap pekerja kerana melaksanakan hak politik mereka

64 :- Repeal MAS Law That Suspends Or Deny Existing Worker And Trade Union Rights And Access To Justice – Laws that deny worker rights to assist businesses should never be enacted

67 Groups :- Government-Owned MAB, the new Malaysian Airlines Operator, Must Recognize Unions and Not Deny Freedom of Association

Justice for MAS Employees Before MAS Bhd loses its business/assets/capacity on 31st August?

Malaysian Bar adopts Resolution on Worker Rights at AGM on 15/3/2014


MTUC - Right To Participate In Peaceful Assemblies Is Constitutionally Guaranteed Right Of Workers

Azmin Ali and PKR-DAP-PAS(Amanah?) in Selangor reduces NGO/Professionals in Local Council to less than 2% from once about 25%?


 


‘Backstabber’ PKR pair sacked from Penang govt companies

 | February 20, 2016
Guan Eng says when you lose confidence in a person how can they function effectively 'especially when I am chairperson?'
Lim-Guan-Eng_ong-chin-we_cheah-kah-peng_600
PETALING JAYA: Two PKR assemblymen have been sacked as directors of Penang state government companies apparently because they and three others from PKR abstained in the state assembly on an opposition-sponsored motion to halt land reclamation projects off the island.

The chief minister, Lim Guan Eng, was quoted as saying the two had “backstabbed us when they abstained from voting against the motion”. He also questioned whether they could function effectively and professionally as directors “especially when I am chairperson”.

The two are Ong Chin Wen, assemblyman for Bukit Tengah, and Cheah Kah Peng, the member for Kebun Bunga. Ong has confirmed receiving the termination letter but declined further comment but Cheah has yet to comment about the matter, according to Malaysiakini.

The report quoted Lim as saying: “When you have clearly taken a decision and later reneged on it, what confidence would I have that you would not do that again to me? If this happens in any other company, your post will be immediately revoked”

Ong is PKR’s whip in the state assembly. He was removed as director of Penang Invest, the state investment promotion agency, and from Island Golf Properties Bhd, a subsidiary company of Penang Development Corporation.

Cheah was dropped as a director of the Penang Hill Corporation.

The boards of the three companies are chaired by the chief minister.

Lim was quoted as saying: “When you lose confidence in a person who agreed with you and then reneged on their agreement, how can they function effectively and professionally, especially when I am chairperson?”

He said members of the state government had agreed not to support the reclamation motion, filed by Pulau Betong assemblyman Muhammad Farid Saad of Umno. One DAP member, Teh Yee Cheu, assemblyman for Tanjung Bungah voted to support the motion.

Lim said the PKR five had “later backstabbed us when they abstained from voting against the motion,” according to the report.

Land reclamation has been a controversial subject in Penang after it was revealed that the state government had plans to allow a massive 3,000 hectare reclamation off the south coast by developers involved in building a road tunnel across the North Channel to the mainland. The tunnel forms part of a RM28 billion transport master plan championed by Lim.

“Now, we have no confidence they will be able to function professionally and effectively and if I, as a chairperson, have no confidence in you, it is only natural that you should know what to do,” Lim said, according to Malaysiakini.

Ong has said the five “voted based on conscience”, while Cheah has said that elected representatives from PKR would continue to defend the public interest.

Three other assembly members, also from PKR, had also abstained: Lee Khai Loon (Machang Bubok), T Jayabalan (Batu Uban), and Norlela Ariffin (Penanti).

Lee is also a director of a state-owned company.

Lim was also asked why the termination of the directorships was carried out during the Chinese New Year period. He said the two men were informed in January. It was also raised and discussed by the state executive council. “It’s an administrative matter,” he said.

He said he did not have any problem with other PKR leaders such as Rashid Hasnon, who is one of two deputy chief ministers. After the state assembly vote, Lim had accused the PKR assemblymen of trying to stage a coup against Rashid.

He also had no problem with Sungai Bakap assemblyman Maktar Shapee, who is deputy speaker, or with Lee, the report said. - FMT News, 20/2/2016


Azmin: Sacked two were just doing their jobs

 | February 21, 2016 
 
PKR objects to terminations of two assemblymen, says Penang state govt action not warranted.
ONG CHIN WEN

PETALING JAYA: Azmin Ali, deputy president of PKR has defended two Penang assemblymen who have been sacked from their board positions at state-owned agencies. They should not have been reprimanded for expressing their views, he said today.

Azmin said the two assemblymen, both members of PKR, should not have had their contracts terminated for merely carrying out their responsibilities, adding that they had not made slanderous accusations.

The two men are Ong Chin Wen, who is PKR whip in the state assembly and assemblyman for Bukit Tengah; and Kebun Bunga assemblyman Cheah Kah Peng.

“The assemblymen used the platform of the state assembly to give their views and feedback. They were not being slanderous. What we (as a party) reject is the culture of slander or allegations,” he was quoted as saying today.

“But as state assemblymen, they gave their opinions and feedback, and this matter does not warrant any action,” said Azmin, according to Star Online.

The two men and three others from PKR had abstained on an Umno-backed motion to halt plans for a massive land reclamation project off the south coast.

Yesterday, Penang’s Chief Minister, Lim Guan Eng, was quoted as describing the two assemblyman as “backstabbers”. He accused them of reneging on an agreement to vote against the motion. 

The five PKR assembly members had said they had voted by their conscience in the public interest. Land reclamation projects, wide-scale property development, and road widening works in Penang have caused a continuing public outcry.

Azmin, who is menteri besar of Selangor, spoke to reporters while at a Chinese New Year open house hosted by Bukit Lanjan assemblyman Elizabeth Wong.

He said the PKR central political bureau objected to the action against the two assembly members.

The bureau had written to the state government two weeks ago when a proposal was raised for the termination of the two men’s appointments as board directors of three state agencies. The bureau had called for proper discussions on the issue.

At the state assembly in November, the DAP’s Teh Yee Cheu, a noted environmentalist, had voted in favour of the motion, which had called for public hearings for land reclamation and suspension of all new reclamation plans until oceanic, environmental and social impact studies were carried out.

Ong, Cheah, Dr Norlela Ariffin (Penanti), Dr T. Jayabalan (Batu Uban), and Lee Khai Loon (Machang Bubuk) all abstained. - FMT News, 21/2/2016

 

Malaysian Bar - On Disolution of Marriage and Custody of Children when one spouse become Muslim - Jurisdiction of Courts?

Press Release | The Exclusive Jurisdiction of the Civil Courts on Constitutional Issues and Statutory Rights Must be Preserved, Upheld and Exercised Wisely
Tuesday, 23 February 2016 08:53am
ImageThe Malaysian Bar refers to the case of Viran s/o Nagapan (“ex-husband”) v Deepa d/o Subramaniam (“ex-wife”), which reiterates the settled principle that the civil courts have exclusive jurisdiction over civil marriages contracted under the Law Reform (Marriage and Divorce) Act 1976 (“LRA”).[1]   The Federal Court correctly decided that the civil courts shall continue to have jurisdiction in respect of divorce and custody of children, notwithstanding the conversion of one party to Islam.[2]  

This decision of the Federal Court, in yet another case of so-called “conflict of jurisdiction” between the civil courts and the Syariah courts, is a pertinent reminder that a converted spouse (the ex-husband, in this instance) cannot use his conversion to Islam to escape his responsibilities under the LRA.[3]  

In the result, the Syariah court’s order in this case dissolving the civil marriage and granting custody of the children to the ex-husband cannot prevail.  The Federal Court pointedly observed that “[i]t is an abuse of process for the spouse who has converted to Islam to file for dissolution of the marriage and for custody of the children in the Syariah Courts.”[4] 

Thus, the dissolution of the civil marriage by the High Court was upheld.  However, the Malaysian Bar is disappointed with the decision of the Federal Court to vary the custody order of the Seremban High Court — which was affirmed by the Court of Appeal — granting custody of both children to the ex-wife. The Federal Court should not have ordered that the ex-husband be given custody of the son (now 8 years old), with the ex-wife to have custody of only the daughter (now 11 years old).

It should not be forgotten that the ex-husband blatantly defied the custody order of the High Court (as well as the Court’s specific order prohibiting him from removing the children from the ex-wife or her parents’ home or from the children’s school), when he abducted the son (then five years old) just two days after these orders were made.  The ex-wife was compelled to obtain a recovery order directed at the Inspector General of Police (“IGP”) and his officers to regain custody of her son from the ex-husband.  They did not comply with the recovery order, on the basis that there were at the time conflicting custody orders by the Syariah Court and High Court. 

The Federal Court has now erroneously exonerated the IGP and his officers for not complying with the High Court’s recovery order, by holding that the Syariah Court custody order is valid until it is set aside.  The Syariah Court is created by statute, and its jurisdiction is limited by the statute.  Where the Syariah Court makes orders that are beyond its statutory jurisdiction — such as to dissolve a civil marriage and to grant ancillary relief to the converted spouse — these orders are inherently void and therefore without legal effect. The IGP and his officers should not have relied on the flawed Syariah Court custody order, and they condoned the breach of the High Court’s custody order in refusing to enforce the High Court’s recovery order. 

Further, this exoneration by the Federal Court may be inferred as tacit approval of the conduct of the ex-husband in abducting the son, which the Seremban High Court described as “an act of contempt of the grossest kind”.[5]   The ex-husband appears to have been emboldened by the exculpation of the IGP and his officers.  He has yet to be held accountable for his wrongdoing.  It was recently reported that he has threatened to kidnap the daughter, notwithstanding the Federal Court’s order granting custody of the daughter to the ex-wife.[6]  His belligerence and insolence warrant condemnation, and his refusal to obey court orders must not be condoned. 

It would seem that the Federal Court also ignored the ex-husband’s history of domestic violence.  The ex-wife had reportedly lodged more than 25 police reports relating to domestic violence during their marriage, and obtained an interim protection order to protect her from further abuse in August 2013.[7]  In this regard, in granting the recovery order, the High Court found that the ex-husband “…has no respect for the law.  Certainly he is not a person who should be entrusted to have custody of the children.”[8]  In addition, the ex-husband had a criminal conviction, and the High Court noted that he “… had no scruples being involved in criminal activities for the sake of money.  What kind of example would that be to a young child.”[9]   These findings were undisturbed by the Court of Appeal. 

The Malaysian Bar is also very concerned with the apparent last-minute decision by the Federal Court to interview the children in court, before the custody order was varied.  This was improper, and undoubtedly an intimidating and scarring experience for the children.

In jurisdictions such as England, Singapore and Australia, judges do not routinely interview children to ask them which parent they wish to live with.  Instead, a welfare report on the children is done well before the court decides on custody.  Such a report is prepared by experts in child psychology or welfare, who would spend considerable time with the children to assess the best interests of the children.  These experts would then be in a position to advise the court in arriving at its decision in respect of the custody of the children. 

The unilateral conversion of both children to Islam by the ex-husband was not a question framed for the determination of the Federal Court in this case.  It is nevertheless an issue that must be resolved. The unilateral conversion occurred when the daughter was eight years old and the son was five years old.  As the High Court aptly questioned, “… at such tender age is it reasonable to expect them to be able to consider and make rational decision regarding the choice of converting to another religion other than the one that they are born with.”

The Malaysian Bar maintains that the Cabinet directive announced in April 2009 through the former de facto Law Minister Dato’ Seri Mohamed Nazri Abdul Aziz — that the children of an estranged couple should remain in the religion of the parents at the point of their marriage — is just and fair, and is constitutionally correct. Further, the Malaysian Bar agrees with the views expressed by the current de facto Law Minister Hajah Nancy Haji Shukri that the welfare of children is paramount, that young children, especially, need their mother, and that the children should be allowed to choose their religion when they reach the age of majority.[10]  

There is a proposal for a tribunal, comprising Syariah and civil court judges, to resolve disputes of this nature. The proposal is unacceptable and counter-productive.  The intended “tribunal” has no constitutional basis.  It would further have the effect of elevating the Syariah courts to the level of the civil courts, which is contrary to our constitutional scheme.  It would also subject non-Muslims to adjudication by Syariah court judges, which is plainly unconstitutional.  Critically, it would lead to an intrusion into the clearly defined jurisdiction of the civil courts under the Federal Constitution and statute law. 

The sole and absolute preserve of the civil courts to determine constitutional issues, and matrimonial matters in relation to civil marriages under the LRA, must be jealously guarded and never compromised.  The civil courts must always exercise this important jurisdiction wisely. 


Steven Thiru
President
Malaysian Bar

22 February 2016  


[1] See the Federal Court in Subashini a/p Rajasingam v Saravanan a/l Thangatoray [2007] 3 MLRA 81 and the Supreme Court in Tang Sung Mooi v Too Miew Kim [1994] 3 MLJ 117. 

[2] See paragraphs 22 and 25 of the judgment of the Federal Court in Viran a/l Nagapan and Deepa a/p Subramaniam.

[3] See Teh Siew Choo v Teo Eng Hua [1999] 6 CLJ 308, Kung Lim Siew Wan v Choong Chee Kuan [2003] 6 MLJ 260, and Shamala a/p Sathiyaseelan v Dr Jeyaganesh a/l Mogarajah [2004] 2 MLJ 241.

[4] See paragraph 32 of the judgment of the Federal Court.

[5] See paragraph 51 of the judgment of the High Court in Deepa Subramaniam v Viran Nagapan [2014] 5 MLRHU 1, at page 14.

[6] “​Izwan tells his side of story, warns ex-wife if daughter raised as Hindu”, The Malaysian Insider, 17 February 2016.

[7] Press statement by Women’s Aid Organisation entitled “​Yet another delay for S. Deepa to be reunited with her son”, 14 January 2015. 

[8] See paragraph 51 of the judgment of the High Court in Deepa Subramaniam v Viran Nagapan [2014] 5 MLRHU 1, at page 14.

[9] See paragraphs 103 to 105 of the judgment of the High Court in Deepa Subramaniam v Viran Nagapan [2014] 5 MLRH 107, at pages 126 and 127.

[10] “​​Nancy: Let children choose religion at 18”, The Star Online, 15 February 2016 .

Friday, February 19, 2016

HR Minister says 'NOT TRUE', then Zahid Hamidi says 'FREEZE' - 1.5 Million NEW migrant workers from Bangladesh?

Malaysian Minister of Human Resources, Richard Riot, saying it is NOT TRUE that Malaysia will be bringing in 1.5 million new Bangladeshi migrant workers.... When confronted with the statements allegedly made by Ahmad Zahidi, Malaysia's Home Minister, under whom is the Immigration Department, he stood firm stating "It came from him (Zahid) and I think I will stick to my answer saying that the 1.5 million is actually the number of registered Bangladeshi workers.". "The figure that has been mentioned is actually the number of workers registered with the government of Bangladesh through the Ministry of Expatriates’ Welfare and Overseas Employment." 

"The figure of 1.5 million Bangladesh workers is actually the number of workers registered with the Government of Bangladesh through the Ministry of Expatriates' welfare and Overseas Employment for the purpose of employment to 139 countries in the world, including Malaysia, Singapore, UAE and Saudi Arabia," he said. "The perception that 1.5 million workers will be brought in from Bangladesh to Malaysia to work is not true."

So, it seems that 1.5 million is figure of Bangladeshis registered in the system in their country - not meaning that they will all come to Malaysia. Richard also said, MoU signed did not mention any figure, just like other MoUs Malaysia has signed with seven other countries - Indonesia, India, Thailand, Cambodia, Pakistan, Sri Lanka and Vietnam.

The Immigration Department, under the Home Minister, approves and/or issues migrant worker work passes/permits, and maybe also does the LEVY collections. Really, all matters concerning workers should be under the Minister of Human Resources, including the approvals and LEVY collection policies. The Immigration Department should stick to the administrative function of issuing visas. They maybe can reject an application for a work visa/pass for reasons similar to why the disallow any normal visitors coming to Malaysia - security considerations. etc. 

All matters of Human Resource, Workers, employers and matters related must come directly under the Minister of Human Resources. This will also include the amount of Levy payable by employers of migrant workers. So employers and employer groups should be going to see the Minister of Human Resources - not the Home Minister on matters concerning human resources.

Richard Riot also revealed that currently Malaysia's labour policy is that the number of migrant workers in Malaysia SHALL NOT exceed 15% of the total labour force. 15% of the current labour force is 

Bangladeshi workers in the country totalled 282,287, while Indonesia still tops the list with 828,283 workers, followed by Nepali workers at 526,933...

Malaysia currently has 2,135,035 foreign workers,....The current workforce that we have in the country is 15.3 million.... Richard said it was Malaysia’s policy to ensure that the maximum number of foreign workers would not be more than 15 percent of the country’s total workforce.

Interestingly, our Home Minister (also Deputy Prime Minister), Ahmad Zahid Hamidi, also made a statement of his own today stating, '...The government today announced it has put on hold the recruitment of workers from all source countries until it ascertains the actual manpower needs of industries...."Foreign workers without valid documents or have overstayed in the country will be arrested and sent back to their country of origin,"...'He said enforcement against illegal foreign workers would be stepped up and implemented on a large scale in the country.'

Now, was there a recent (maybe yesterday??) Cabinet Meeting or some special cabinet meeting or the Cabinet Committee on Foreign Workers meeting recently that decided on this matter that Zahid Hamidi announced today?... 

See earlier related posts, some of which are as follows:-

MTUC stopped at gate of Ministry when they went to express views about '1.5 million NEW Bangladeshi migrants' plans?

101 Groups Letter to PM Najib - Employers should pay the Levy – Not Migrant Workers , Immoral for Malaysia to take from Workers to overcome national economic problems

Richard Riot - still Minister of Human Resources? Or now it is Zahid Hamidi? 1.5 million new Migrant Workers?

Singapore - Migrant Worker Employer Pay Levy, Quotas, Increased levy as you increase percentage of MW? Protection of local workers?

For local workers, employers pay extra 13% above their income to EPF - not so for migrant workers?]

 

 

1.5m Bangladeshi workers figure incorrect, says minister


Alyaa Azhar     Published     Updated     


Human Resources Minister Richard Riot has denied claims that the country will bring in 1.5 million Bangladeshi workers.

At a press conference today, Richard said the widely spread perception was simply "not correct".

"The perception that 1.5 million workers will be brought in from Bangladesh to work in Malaysia is not true," Richard said.

"The figure that has been mentioned is actually the number of workers registered with the government of Bangladesh through the Ministry of Expatriates’ Welfare and Overseas Employment.

"This is not the number that will be recruited (by Malaysia). Bangladesh is sending workers to 139 countries throughout the world," he said.

The memorandum of understanding (MoU) signed yesterday by both Malaysia and Bangladesh, he said, was just like any other MoUs.

When it was pointed out to him that Home Minister Ahmad Zahid Hamidi was the one who announced the figure, Richard said he preferred to "stick to his answer".

He added: "It came from him (Zahid) and I think I will stick to my answer saying that the 1.5 million is actually the number of registered Bangladeshi workers."

Asked why he had allowed the perception to persist, Richard said he wanted to wait until the MoU was signed.

“That's the reason why I, as human resources minister, opted not to say anything.

“That's why I called for the press conference. Not until I signed (it)... it is perhaps rumours or hearsay, even though the word came from the deputy prime minister,” he said.

MoU subject to review

Putrajaya yesterday inked the deal with Dhaka to bring in the Bangladeshi workers into the country.

Zahid, in June last year, announced that 1.5 million Bangladeshi workers would be brought to Malaysia in stages to meet the needs of employers from numerous sectors.

The workers will enter Malaysia under the G2G (government-to-government) Plus scheme which allows them employment in the construction, service, manufacturing and agriculture sectors, apart from the existing plantation sector opened to them.

Meanwhile, Richard said the MoU signed did not mention any figure, just like other MoUs Malaysia has signed with seven other countries - Indonesia, India, Thailand, Cambodia, Pakistan, Sri Lanka and Vietnam.

However, the MoU will be subject to a review after five years.

Asked for the total number of Bangladeshi workers that will actually be brought in, the minister said it all depended on the demand.

Employers and companies, said Richard, must log in online, through the Bangladesh Workers Management System, to apply for workers.

There is currently no available list of companies that have registered, he said.

Sabah, Sarawak have own labour laws

Asked whether other states would follow the way of Sabah and Sarawak, which have stated that they would not accept Bangladeshi workers, Richard said the two states have their own labour ordinance.

“Other states in Peninsular Malaysia don't have their own labour ordinance. Therefore, the question of other states following suit does not arise,” he said.

Asked whether the government planned to reduce its reliance on foreign workers, Richard said it was Malaysia’s policy to ensure that the maximum number of foreign workers would not be more than 15 percent of the country’s total workforce.

“The current workforce that we have in the country is 15.3 million. (Some) 15 percent of this number is 2.3 million, we have not exceeded the figure.”

Although Malaysia currently has 2,135,035 foreign workers, he admitted that the cap at 2.3 million did not take into account illegal migrant workers.

“For every 10 legal foreign workers, there are eight illegal workers. That means there are about 1.7 million undocumented workers in the country,” he said.

Registered Bangladeshi workers in the country totalled 282,287, while Indonesia still tops the list with 828,283 workers, followed by Nepali workers at 526,933. - Malaysiakini, 19/2/2016

Read more: https://www.malaysiakini.com/news/330955#ixzz40bEboVKT


Zahid: Intake of all foreign workers on hold


Bernama     Published     Updated    


The government today announced it has put on hold the recruitment of workers from all source countries until it ascertains the actual manpower needs of industries.

Deputy Prime Minister Ahmad Zahid Hamidi said the suspension would also enable the government to review the revised two-category levy on foreign workers.

He also said that the government would focus on the foreign worker rehiring programme and step up enforcement to ensure that no more foreigners entered the country as workers.

"Foreign workers without valid documents or have overstayed in the country will be arrested and sent back to their country of origin," he said at a casual meeting with soldiers at the Muara Tuang Camp, Sarawak.

He said enforcement against illegal foreign workers would be stepped up and implemented on a large scale in the country.

Zahid, who is also the home minister, said it was hoped that Malaysians, especially youths, would respond to the government call for local people to take up the jobs now held by foreigners and become the mainstay of the nation's workforce to drive national economic growth.

"The suspension will be in force until the government is satisfied with the manpower needs of the industries," he said.

More than 1,000 soldiers attended the gathering with Zahid, the first event of the deputy prime minister on his working visit to Sarawak beginning today.

Tomorrow, he is scheduled to attend a Prisons Day event in Padang Merdeka, Kuching, and conclude his visit. - Bernama - Malaysiakini, 19/2/2016

Read more: https://www.malaysiakini.com/news/330985#ixzz40bNAfhDa

Now Putrajaya says foreign worker recruitment suspended 


After much backlash, Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi says the recruitment of foreign workers has been put on hold. – The Malaysian Insider pic by Najjua Zulkefli, February 19, 2016.After much backlash, Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi says the recruitment of foreign workers has been put on hold. – The Malaysian Insider pic by Najjua Zulkefli, February 19, 2016.Putrajaya has put on hold recruitment of foreign workers from all source countries, including Bangladesh, Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi said, one day after signing a deal with Dhaka to send workers here.

Zahid's announcement also comes hours after the human resources minister said not all of the 1.5 million Bangladeshi workers thought to be headed for Malaysia were meant for the country.
 
Datuk Seri Richard Riot had said the figure was merely the number of Bangladesh citizens registered with their government for employment.

Zahid was speaking in Kuching, Sarawak, today, where he said the suspension was decided after thorough consideration while the government would also review recent changes to the levy system on foreign workers. 
Both the new levy system, which imposes a higher payment on employers using foreign workers, and the plan to bring in 1.5 million Bangladeshi workers have been criticised by employer groups and trade unions.
 
Zahid, who is also home minister, said employers were urged to hire locals instead and the recruitment of foreign labour would be deferred until the need arises.
 
Additionally, the government would also focus on re-hiring programmes for local workers while increasing enforcement on undocumented migrant labourers.
 
"Those existing foreign workers, especially whose working permits have expired or are without proper document, they are not allowed to work in Malaysia," Zahid said after a function to meet army personnel at Camp Muara Tuang.
 
The plan to bring in 1.5 million Bangladeshi workers over three years was announced last year, but only recently did Zahid say that the figure was Bangladesh citizens who had registered with their government for work.
 
He had also defended the move saying locals did not want to do dirty, dangerous and difficult jobs (3D) and had challenged Malaysian youths to do so.
 
However, the Malaysian Trades Union Congress (MTUC) had pointed out that many Malaysians were working such jobs, but overseas, such as in Singapore, where the pay was better.
 
MTUC and MEF have long spoken against Malaysia's over-reliance on foreign labour at the expense of training locals in skilled work, and over the high amount of remittances at around RM30 billion flowing out of the country.
 
The new levy system has also been a sore point for employers, who must pay RM2,500 per worker in the manufacturing, construction and services sector, and RM1,500 per worker in the plantation and agricultural sector. – February 19, 2016, Malaysian Insider

- See more at: http://www.themalaysianinsider.com/malaysia/article/now-putrajaya-says-foreign-worker-recruitment-suspended#sthash.LIfFJAp2.dpuf
 
 

Malaysia downplays foreign worker controversy

The Malaysian government has clarified reports that it had entered into an agreement with Bangladesh to bring in 1.5 million workers into the country over the next three years. 

KUALA LUMPUR: Malaysia insists it is not bringing in 1.5 million Bangladeshi foreign workers into the country amid a backlash over the purported move.

Human Resources Minister Richard Riot held a press conference on Friday (Feb 19) to clarify the issue.

"The figure of 1.5 million Bangladesh workers is actually the number of workers registered with the Government of Bangladesh through the Ministry of Expatriates' welfare and Overseas Employment for the purpose of employment to 139 countries in the world, including Malaysia, Singapore, UAE and Saudi Arabia," he said. "The perception that 1.5 million workers will be brought in from Bangladesh to Malaysia to work is not true."

Later on Friday, Deputy Prime Minister Ahmad Zahid Hamidi told a crowd in Kuching that the government was placing a freeze on all foreign workers.

Last week, reports emerged alleging that the Malaysian government would be entering into an agreement with the Bangladeshi government to bring in 1.5 million foreign workers into the country over three years.

This sparked uproar by groups worried about the impact such a move would have on the local labour market and questioning the government's motives for doing so. Some more extreme reactions came from NGOs linking foreign workers to disease and rape.

Officially, Malaysia has 2.1 million registered migrant workers - 282,287 of whom are Bangladeshi.

But the government estimates there are an additional 1.7 million undocumented foreign workers - using the estimate of seven undocumented workers for every 10 legal foreign workers.

Before the announcement by Mr Ahmad Zahidi, Mr Riot told reporters that the government was taking care to regulate the number of migrant workers according to demand from employers, capping the number at 15 per cent of the total workforce or 2.3 million foreign workers in a total workforce of 15.3 million.

"Any recruitment of Bangladesh workers shall be in accordance with Malaysia's policy, which is based on actual demand of employers from the various sectors that are allowed to hire foreign workers subject to the principle of demand and supply," he said in a statement to the the media.  - Channel News Asia, 19/2/2016

Thursday, February 18, 2016

MTUC stopped at gate of Ministry when they went to express views about '1.5 million NEW Bangladeshi migrants' plans?

Malaysian Trade Union Congress(MTUC), the recognized body by the Malaysian government and the International Labour Organisation, representing all workers and trade unions in Malaysia had a protest at the Human Resource Ministry and the Home Ministry concerning the '1.5 million NEW Bangladeshi migrant workers that will be brought in over the next 3 years' according to an MOU signed by Malaysia and Bangladesh.

The group was earlier barred from entering the complex by the security official..."This is the first time we were barred from entering government premises. It is shameful because this is our right as citizens,"

Shamefully, the MTUC activist were stopped at the gate - They were not even allowed to reach the building that housed the relevant Ministries, let alone go directly to the Ministries. There were only about 50 MTUC representatives, as this was a working days and during working hours, and naturally numbers will be small.

The treatment of the MTUC indicates how badly Malaysian government treats local Malaysian workers, their unions and the MTUC(the legitimate representative of labour). If it were employer groups, chambers of commerce, manufacturers association, etc - would they also be treated in this way? I very much doubt it.

At present, there are about 2.1 million documented migrant workers, and a further over 6 million undocumented migrant workers in Malaysia. Many of these undocumented migrants came in as 'documented migrant workers' and later became undocumented - Malaysia has yet to tell us WHY this happened, or HOW MANY? This will certainly reveal much about Malaysia's working and living conditions that has caused this.

There are also many Malaysian workers out there who are without employment, and the number continues to increase with more retrenchments, VSS/MSS or such schemes where workers willingly agree to leave the employment - a fact questioned given that there are many of such workers that have subsequently filed claims for wrongful dismissal claiming reinstatement, factory closures, etc..

The influx of many workers from other countries, facilitated by the Malaysian government, has also effectively deterred the rise of wages, better rights and benefits and better working conditions - and this affects all Malaysian workers and migrant workers now in Malaysia. Of course, workers want higher wages and better working conditions - if not, it would not just be unjust but foolish to work in a poor working environment. 

When it comes to this new '1.5 million NEW migrant workers from Bangladesh over the next 3 years', there are just too many questions...is it really to satisfy a manpower need? Or is it just for some other reasons...noting that the whole G2G(Government to Government) initiative was to reduce the 'cheating' and/or 'exploitation' of third parties involved in the recruitment process, and also to reduce recruitment cost - but suddenly now it has become a G2G Plus agreement - which now includes also recruitment agencies (who were earlier blamed for the problems the government wanted to resolve). We will discuss G2G at a later stage.

Something smells wrong, and as such MTUC's call for the setting up of a Royal Commission of Inquiry is valid. Our Malaysian labour policy needs to be clarified. Our policy about migrant workers also need to cleared up.

Local workers are ready to work - but alas, now we see no advertisement for workers at many workplaces. Many workplaces have also stopped hiring workers as employees - preferring rather to get workers from labour suppliers('contractor for labour')...so many issues...

The full statement of MTUC that was handed to the Ministries still not available on the MTUC Website, and when it is, I may post it in this Blog. Media pick and choose what they want to report, and we cannot get the complete demands of MTUC.

See also:-

101 Groups Letter to PM Najib - Employers should pay the Levy – Not Migrant Workers , Immoral for Malaysia to take from Workers to overcome national economic problems

Richard Riot - still Minister of Human Resources? Or now it is Zahid Hamidi? 1.5 million new Migrant Workers?

Singapore - Migrant Worker Employer Pay Levy, Quotas, Increased levy as you increase percentage of MW? Protection of local workers?

For local workers, employers pay extra 13% above their income to EPF - not so for migrant workers?]

  

 

 

 

Thursday February 18, 2016
12:01 PM GMT+8
MTUC members gather outside complex D in Putrajaya to protest against the intake of foreign workers, February 18, 2016. — Picture by Kamles KumarMTUC members gather outside complex D in Putrajaya to protest against the intake of foreign workers, February 18, 2016. — Picture by Kamles Kumar
KUALA LUMPUR, Feb 18 — Around 50 members from the Malaysian Trades Union Congress (MTUC) protested outside the government complex housing the Home and Human Resource Ministries today to condemn Putrajaya’s decision to bring in 1.5 million foreign workers.

The group was earlier barred from entering the complex by the security official, who claimed that they did not have permission.

“We just want to hand over a memorandum but they are saying there is a new procedure and we are not allowed in. This is undermining our rights as citizens if we don’t agree with government policies,” MTUC acting president Abdullah Sani Abdul Hamid told reporters at a press conference outside the building.

The group went on to hold up pickets and banners outside the building for half an hour, demanding to meet officials from either ministry.

Eventually the memorandum prepared by MTUC was collected by Human Resource Ministry policy secretary Kun Abun on behalf of its minister Datuk Richard Riot Jaem, who is in Bangladesh currently.

Abdullah, who is also MP for Hulu Langat, added that MTUC will seek legal action against the ministries for barring his group from submitting the memorandum.

Putrajaya is facing resistance and criticism from various civil and trade groups over its plan to bring in foreign workers that it said was needed for “dirty, dangerous and difficult” jobs that Malaysians are purportedly snubbing.

- See more at: http://www.themalaymailonline.com/malaysia/article/mtuc-protests-in-putrajaya-over-planned-1.5m-foreign-worker-influx#sthash.OQC1DMyH.dpuf

They prefer Bangladeshis, says MTUC after snub by ministries


Yap Jia Hee     Published     Updated     8 comments


About 50 Malaysian Trade Union Congress (MTUC) members today gathered at the main entrance of the Human Resources Ministry and Home Ministry to protest plans to bring in up to 1.5 million Bangladeshi workers in the next three years.

They tried to enter the premises of both ministry complexes to hand over a memorandum at about 10.30am, but were barred by security personnel.

This prompted MTUC to hold a picket outside the complexes with placards and posters.

"They would have met with us if we were Bangladeshis," acting president Abdullah Sani Abdul Hamid quipped.

"This is the first time we were barred from entering government premises. It is shameful because this is our right as citizens," he said.

The protesters chanted slogans like 'Long live the workers' and held posters calling for local workers to be prioritised against foreigners.

A representative of the two ministries met with them outside the complexes to accept the memorandum 15 minutes later.

'No compromise'

Calling for a halt on foreign workers intake, MTUC urged the government to form a royal commission of inquiry on the issue.

"The influx of foreign workers will adversely impact generations to come.

"We need to ensure the rights of local workers are protected, especially under the Trans-Pacific Partnership Agreement," he said.

He said MTUC will meet to discuss its future course of action.

"This will not be the last you hear from MTUC on this. We will not compromise on treachery against workers."

Putrajaya and Dhaka have signed an agreement to allow more Bangladeshi general workers to work in Malaysia.

There are an additional 1.5 million workers registered on the Bangladeshi recruitment database who can now apply for jobs in Malaysia. - Malaysiakini, 18/2/2016

 

MTUC wants royal commission on 1.5 million Bangladeshi workers issue



A Penang Island City Council worker at a morning market area in George Town. The Malaysian Trade Union Congress (MTUC) says it is more appropriate if Malaysians are given training and pay in kind to absorb them into the semi-skilled workforce. – The Malaysian Insider pic Hasnoor Hussain, February 18, 2016.A Penang Island City Council worker at a morning market area in George Town. The Malaysian Trade Union Congress (MTUC) says it is more appropriate if Malaysians are given training and pay in kind to absorb them into the semi-skilled workforce. – The Malaysian Insider pic Hasnoor Hussain, February 18, 2016. 
 
The Malaysian Trade Union Congress (MTUC) has called on Prime Minister Datuk Seri Najib Razak to set up a Royal Commission of Inquiry to look into the foreign workers issue, and to scrap the plan to bring in 1.5 million Bangladeshi workers.
 
In a statement today, the trade union federation said the government should do what was right for the people of Malaysia.
 
It said it could not accept the plan to bring in 1.5 million Bangladeshi workers over the next three years, via the government-to-government's memorandum of understanding.

“Bangladeshi workers were previously used as labourers in plantations, but it was now agreed that they could work in the services, farming, manufacturing and construction sectors. “What will this move do to locals who are semi-skilled and unskilled? MTUC feels that it is more appropriate and better if Malaysians are given training and pay in kind to absorb them into the semi-skilled workforce.
 
“For now, these sectors are not appealing to locals because the salaries are low and the working hours long,” MTUC said.
 
It also noted that thousands of Malaysian workers travelled to Singapore daily to earn their living.

“Who are the workers doing semi-skilled and 3D (dirty, dangerous and difficult) jobs in Singapore?

“Even though the jobs are semi-skilled in nature, the pay is good, so Malaysians don't mind travelling across the Causeway for work.

“These are not just those holding professional positions, but those who are not highly educated and general workers,” it said.

MTUC also said the use of foreign labour incurred more costs for employers, who would have to pay levy, processing fees, training, travel expenses, among others others to bring in foreign workers.

It also expressed existing concerns that thousands of illegal foreigners were already working in the country without permits or valid papers.

“The government should be looking for a solution to this issue before they decide to bring in another 1.5 million foreigners.”

MTUC also said the country should be reducing its intake of foreign workers, as stated in the 11th Malaysia Plan – which was to reduce foreign workers to 15%, if Malaysia seriously wanted to be recognised as a high-income nation.

“With the present situation, we doubt this can be achieved. Until now, there are about 7 million foreign workers in the country and only 2.1 million are legal,” it said.

The union said the government should conduct detailed studies on matters concerning employment like terminations, unemployment and the market's demand for labour to enable the government to gradually cut down the intake of foreign workers.

“We should not rely on foreign labour because it will harm the local economy and have a negative impact on the people.

“Of late, we have been getting so many unhealthy reports of foreigners committing crime and other negative activities.

“This should be tackled for the collective good and well-being of everyone and the country.” – February 18, 2016 - Malaysian Insider
 
- See more at: http://www.themalaysianinsider.com/malaysia/article/mtuc-wants-royal-commission-on-1.5-million-bangladeshi-workers-issue#sthash.d5vAHd0O.dpuf

'3D' industry: Local workforce should be given appropriate training, salary - MTUC

'3D' industry: Local workforce should be given appropriate training, salary - MTUC
MTUC members hand over a memorandum at the Human Resource Ministry complex today, to protest on the influx of 1.5 million Bangladeshi workers to Malaysia. - Astro AWANI/Shahir Omar
 
PUTRAJAYA: The local workforce should be given training and appropriate salary to work in the sector considered as dirty, difficult and dangerous, or 3D.

Malaysian Trades Union Congress (MTUC) secretary-general N. Gopal Kishnam said these are among the steps that should be taken by the government.

“If the best policy is drafted, we believe that local employees are able to fill the demands of the 3D industries,” said Gopal Kishnam.
 
Gopal Kishnam was met after leading a group of MTUC members to the Human Resource Ministry complex on Thursday to hand over a memorandum protesting the taking of 1.5 million Bangladeshi workers.

The group gathered at around 10.15am and dispersed after having over the memorandum at around 11.30am.
The group gathered at around 10.15am and dispersed after having over the memorandum at around 11.30am. - Astro AWANI/Shahir Omar

Although not allowed in, a representative of the ministry were present to accept the memorandum.
The group gathered at around 10.15am and dispersed after having over the memorandum at around 11.30am.
On Sunday, Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi called on local youths to take over the 3D jobs to reduce the country's dependence on foreign workers, who were dominating the plantation industry, manufacturing, construction, and cleaning service sectors. - Astro Awani, 18/2/2016

HENTIKAN PENGAMBILAN PEKERJA ASING

11 February 2016  Kongres Kesatuan Sekerja Malaysia(MTUC) tidak dapat menerima sama sekali dengan kenyataan yang dikeluarkan oleh kerajaan untuk membawa masuk 1.5juta pekerja asing dari Bangladesh. Pekerja-pekerja ini yang sebelum ini diserapkan dalam sektor perladangan kini boleh diserapkan dalam sektor-sektor perkhidmatan, pembuatan dan pembinaan.

Apakah akan terjadi kepada pekerja-pekerja tempatan yang separa mahir di Malaysia dengan tindakan ini?

MTUC merasakan adalah lebih wajar dan baik sekiranya penduduk tempatan sendiri diberi latihan yang secukup di samping gaji yang setimpal untuk diserapkan mereka dalam sektor kerja separa mahir ini. 

Sektor-sektor ini kurang diminati oleh penduduk tempatan kerana kadar gaji yang rendah dan masa kerja yang panjang.

Beribu-ribu pekerja dari Malaysia merantau ke Singapore setiap hari bagi menyara hidup. Kenapa? 

Siapakah yang banyak melakukan kerja-kerja separa mahir ini di Singapore? Walaupun ia adalah kerja separa mahir , kerana imbuhan yang dibayar adalah tinggi dan setaraf dengan kerja tersebut maka pekerja-pekerja tempatan sanggup ulang-alik ke negara jiran ini. Mereka ini bukan sahaja profesional malah juga terdiri dari golongan yang terkandas dalam pelajaran dan pekerja Am.

MTUC risau dengan keadaan semasa di negara kita dimana beribu-ribu pekerja asing yang beroperasi secara haram dan tiada sebarang dokumen sah akibat pelbagai sebab. Kerajaan seharusnya mencari jalan penyelesaian bagi menangani isu mereka sebelum membuat keputusan membawa masuk 1.5juta pekerja asing lagi.

MTUC merasakan sekiranya kerajaan serius dengan pengiktirafan untuk mencapai negara berstatus pendapatan tinggi, maka mereka harus menghadkan pekerja asing di tempat kerja seperti yang dinyatakan dalam Rancangan Malaysia Ke-11 (pengurangan pekerja asing ke paras 15% sahaja). Tetapi berdasarkan perkembangan semasa yang berlaku MTUC kurang yakin bahawa hasrat tersebut boleh dicapai. Sehingga ke hari ini lebih kurang 7 juta pekerja asing berada di negara ini dan hanya 2.1 juta sahaja yang sah (memiliki dokumen sah).

Kementerian harus menjalankan kajian serta analisa yang mendalam berkaitan pemecatan, pengganguran dan keperluan pasaran tenaga kerja bagi membolehkan kerajaan menghadkan pengambilan pekerja asing secara beransur-ansur.

Pengumuman kerajaan ini menunjukkan seolah-olah hasrat kerajaan untuk mengecualikan mereka dari Perintah Gaji Minimum. MTUC membantah sama sekali tindakan diskriminasi ini.

Negara tidak harus bergantung kepada sumber tenaga kerja dari negara asing. Keadaan ini sudah tentu akan memudaratkan ekonomi tempatan dan memberi kesan buruk kepada penduduk tempatan. Sejak kebelakangan ini kita sering mendapat laporan yang kurang sihat, penglibatan penduduk tempatan dalam pelbagai aktiviti jenayah dan aktiviti kurang sihat. Ini perlu ditanggani secara harmoni bagi kebaikan bersama dan kesejahteraan negara.

Sekian, terima kasih.

N. Gopal Kishnam
Setiausaha Agung

Source: MTUC Website