Monday, August 06, 2012

National Worker Protection Policy, Public Transport Policy - not 'Car Policy'

Automotive policy - for car owners - well, PKR and Pakatan can have a new policy - but really there are so many other matters that need to be priority.... and, one of this is a new Worker Policy (or Labour Policy). Elements of this new labour policy should include...

1 -  Permanent Regular Employment until retirement age for all workers. The trend of employing workers on short-term employment contracts must end, or severely restrained. When the work is part of the core operations, perennial in nature (or on-going work),etc - workers employed must be regular workers - not short-term contract workers, not workers of sub-contractors, not workers of 'contractors for labour'.... Employment security is a priority and a basic right for all workers - and it is essential for the well-being and welfare of workers in their family. What use talking about increased retirement age, better maternity benefits, etc...when workers employed on the basis of short-fixed term contracts can so easily be denied all these rights..


In India, The Contract Labour (Regulation And Abolition) Act, 1970, in brief, disallows principals from using 'short-term contract employees or workers' when:- (a) The work is perennial and must go on from day to day; (b) The work is incidental to and necessary for the work of the factory; (c) The work is sufficient to employ considerable number of whole time workmen; (d)  The work is being done in most concerns through regular workmen..." F

The said Act stipulates that the principal/owner of the workplace shall be the Principal Employer, and it also places obligations on the Principal. For example, “The contractor is required to pay wages and a duty is cast on him to ensure disbursement of wages in the presence of the authorized representative of the Principal Employer...”. As a matter of interest, there is a provision in that Act that states that,  “The contract labour who performs same or similar kind of work as regular workmen, will be entitled to the same wages and service conditions as regular workmen.”


2 - All workers must be employees of the principal/owner of the establishment that they work in. The trend of allowing principals/owners using workers, not their employees, but employees of 'contractors for labour' must end. The first step if for the repeal of the recent amendments to the Employment Act 1955 which allows the 'contractor for labour' and their practices.


3 - Minimum wages - All workers shall be entitled to minimum wages. The BN's denial of minimum wages to workers on probation (for up to 6 months) must be ended immediately. Workers on probation also need to live a decent life and there is no justification that they be denied minimum wages.... Remember, that with current employment practices in Malaysia, these probation workers unlike in the past are not just the young workers who enter the employment market after school for their first job....


4 - Probation - This is usually the period provided to employers to determine the suitability of new employees before they are confirmed as permanent regular employees - and this period need to be limited to no longer than three(3) months maximum. 3 months is long enough for any employer to access the performance and suitability of any worker. Today, some employers abuse this ...and sometime persons can be still on probation after 1 year...2 years... and this is really unfair. Their status as workers on probation also affects their other rights as workers - and this is so wrong. 


5 - Trade Unions - This is a fundamental right to ensure justice for workers - it allows workers to be united and engage with their employer on a more equal footing to negotiate better rights and working conditions BUT under the BN it is so difficult for unions to be formed.... New policy should be that any approval or recognition process must be completed not later than 30 days, for now the delay in the process many a time is caused unnecessarily by the registration/recognition process. Every workplace shall be entitled to form a trade union therein...Maybe on application, there should be immediate registration and recognition...


6 - Protection of worker rights must be a priority and violations by employers must be penalized. Now if employer does not pay overtime for 5 days, and the worker complains and he is successful be it after mediation of trial - all that the employer is required to do is pay the worker what he should have paid in the first place. The worker will also not get any compensation for cost and time wasted in pursuing the claim. This will certainly not deter employers from violating worker rights...And the BN government is happy with this - reflective of its stance of being pro-employer and anti-worker. Changes needed (1) If the worker is successful in his/her claim the errant employer shall be liable to pay three(3) times what they should have originally paid the worker PLUS also compensate the worker for transport and wages most in pursuing the claim. (2) The employer should also be liable to a FINE of not less than RM10,000 and not more than RM50,000, and the amount and the nature of the violation shall be a consideration in the determination of the fine. We need deterrent sentences to protect workers...and their families, and deter employers from violating worker rights.

7 - The equality guaranteed by the Federal Constitutions shall also apply to all workers, including those in the private sector. Now, it only applies to workers in the public sector. Today Syarikat XXY can easily discriminate workers on the basis on gender - pay women workers less than male workers, require women workers to retire at 50 while men workers can retire at 55... There is still discrimination in Malaysia when it comes to workers in the private sector - and this needs to end. 


8 - Establish a National Retrenchment Fund....maybe even a National Unemployment Fund that will be able workers who have been retrenched...and who cannot find new jobs. Many workers, when companies cease operations, suddenly find themselves being deprived of overdue wages, benefits...even termination and lay-off benefits to which they are entitled to in Malaysian law. MTUC has been suggesting this for so many years and this BN-government is just not interested in workers of Malaysia.





- well, a National Workers Policy... a National Labour Policy is what we really want and we hope that PKR (or better still Pakatan Rakyat) will tell us what their policy is .... Silence may lead to many believing that PR's policy like that of the BN may end up being a pro-employer anti-worker policy...


Alas - they are talking about 'car-policies'..... and, even then, should they not be talking about a more efficient public transport policy so that we Malaysians are not forced to buy a car or a motor-bike at all. It is the failure of BN government having a comprehensive public transport policy... that has forced many Malaysians to have to buy cars and motor-bikes just to get to work and anywhere in time... 

And, PKR did a lot of work on their car policy ---- if only, they spend more time presenting us with a National Worker Policy, National Public Transport Policy, National Social Protection Policy,.... hello - do think more about the poor, the low and middle income earners, the ordinary people... 


PKR: Our car policy will benefit existing owners
  • Aidila Razak
  • 2:50PM Aug 2, 2012
 
PKR's proposed automotive policy will also be beneficial to car owners still servicing their vehicle loans, as they can upgrade to a better vehicle while paying the same amount in installments.
However, PKR strategic director Rafizi Ramli said existing car owners can only benefit from the proposed policy if they upgrade to a new car.

NONEThis is because the proposed automotive policy would cause a depression in the second hand car market once excise duties are removed.

To illustrate how the scheme may be beneficial, Rafizi uses the example of a person paying RM600 in installments and still owes a bank RM40,000 for a car.

Once excise duties are removed, the hypothetical car value would  drop to RM25,000 and thus, by selling it in the second hand market, the owner will suffer a loss of RM15,000.

However, if the owner trades in his vehicle and upgrades to a better vehicle, lower market prices would mean that he can purchase a much better one for RM40,000 for the same monthly installment of RM600.

"So rather than paying RM600 a month for a Proton Saga, I'd rather pay RM600 for a Honda," he told Malaysiakini after a press conference to detail the nuts and bolts of the proposed automotive policy.

azlanThe second hand cars will later be exported, said PKR de facto leader Anwar Ibrahim at a press conference earlier.

"The export of second hand cars to new markets is expected to create new income for the government," he said.

To encourage a second-hand export industry, Anwar said that incentives will be given to those who set up reconditioning and upgrading facilities for used cars for export purposes.

Plugging RM8 bil revenue loss
 Besides the second hand export market, he said loss of RM8 bil a year in revenue from the scrapping of the excise tax can be recouped through:

  • Implementing a three tier bidding system for approved permits to import cars, expected to return RM2 to 3 billion a year until the 2015 deadline;
  • A rise in sales and income tax of about RM1 to RM1.5 billion a year, as consumers now have RM8 bil more in their pockets through cheaper car prices; and,
  • Reduction in ad hoc expenditure and allocation for the Prime Minister's Department.
Anwar also gave the assurance that the proposed policy will not render automotive sector workers jobless.

“The policy does not guarantee advantage for any quarter. This is important to ensure that the job opportunities for the sector grow through the entrance of more international automotive firms,” he said.

He added that local car manufacturers will ,however, be offered a special incentive to upgrade the quality of the cars in order to compete with the international carmakers locally and abroad. 

police parliament blockade traffic jams in city area 140708 02He added that the policy also considers the need for a comprehensive public transport, with the focus on making Malaysia the most public transport friendly nation in south east asia in 10 years.

This includes restructuring Keretapi Tanah Melayu Bhd and the rail systems in the long run, while upgrading the bus systems in the short run.

He said that Pakatan does not intend to review all existing agreements on transport, including the MRT and LRT, unless found to not be in the public interest.

Incentives will also be accorded  companies which manufacture environmentally friendly vehicles in Malaysia.

Anwar also explained that this is PKR's policy to be presented to its Pakatan partners. - Malaysiakini, 2/8/2012, PKR: Our car policy will benefit existing owners











Thursday, August 02, 2012

Police and Media must be held accountable for antics at "anti-vice' raid

The police must be condemned for their action of 'inviting the media' to accompany them as they conduct a raid on a premise allegedly carrying out illegal activities...

The law gives police certain powers....to enter premises where there is a believe that crime is being committed - but certainly, there is no power to bring guests ....and certainly not the media and 'outside' photographers and video camera men..

The police is supposed to gather evidence to prove a crime....and then submit to the prosecutors...who then may charge a person in court... and only after a person is convicted will he be presumed guilty...

And in this case, what were the police doing? What were the media personnel doing? Was it criminal intimidation.... or maybe even defamation...assault???

506.  Punishment for criminal intimidation.
Whoever commits the offence of criminal intimidation shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both; and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment, or with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment for a term which may extend to seven years, or with fine, or with both.
Was there any 'prostitution' proven at all? Was there any sex for money at all? At night, they raided a premise - and there were women - some not having the time to dress up properly...
"If one of the girls is your mother, sister, or daughter, would you take the photos and publish them?" - Muhammad Sha'ani Abdullah, Commissioner, Human Rights Commission of Malaysia

Is it a crime for a group of women scantily dressed to be in a private premise at night? I do not think so...

Is it even wrong for a man and women to be caught having sex....No, it is not a crime if it is consensual and both are adults. For Muslims, it may be an offence in Syariah law if they are not married...but not the case for non-Muslims.

Is it wrong for a women masseur to be scantily dressed when she is massaging a customer...in a premises licensed as premise that provides massage services...No, it is not.

Is it wrong for a women scantily dressed to be massaging a man in some other premises... No, it is not.

Sometimes, our own prejudices...and 'excitement' blinds us from the facts...interestingly also we find that there are very few (if any at all) cases where a person have been tried and convicted for prostitution... 

Too many times, these kind of abuses by the police (and the media) have occurred - and sadly it continues... We have seen many media reports (even reports on TV) about similar raids ... where we are also shown pictures and images of usually young women....

SUHAKAM maybe should have a public inquiry about this raid - and come up with recomendations about proper conduct of the police and the media...

1. Media should never be invited to accompany the police on any such raids... 

2. If media is to report on any such raid, there must be no pictures, video or graphics of any of the said women or persons arrested, etc that allows any third person to be able to be able identify such women and persons....be it vide their faces, clothing, physical trait/description, nationality, religion ....

*** The victims, the women and other persons victimized, most likely would not want to take any action (or legal action) against the police, media and ...who violated their privacy and rights... 

Be that the case, justice loving Malaysians and persons, must insist an end to such behavior and conduct by the police, the media ....against SUSPECTED sex workers...




 
Photographers have a ball at anti-vice raid

  • Loh Iee Wen
  • 9:10AM Aug 1, 2012
COMMENT Two weeks ago, the media was invited by the Selangor police to witness its anti-vice, gambling and secret societies unit in action.

Media personnel gathered at the Puchong Jaya police station that night and were given a short briefing by the enforcement team.

The team leader then told his 20-strong team that the police rarely bring the media along during a raid, reminding his subordinates to behave and not to embarrass themselves.

He also reminded his men not to smoke cigarettes or behave aggressively during their raid. Just before the briefing ended, the leader said: "I don't like the media following us either."

This remark didn't really bother me, but I did find it rather baffling at the time.

Later, we arrived at the gates of a suspected vice-den and the police went through a considerable effort to break down the door.

Personal gratification

What followed were some rather "lively" scenes caused by the media personnel present.

While the police did not abuse their power, some media personnel did. They used their cameras and cell phones to take photographs of suspected sex workers for their personal gratification.

Many suspected sex workers did not have enough time to dress, and were forced to stand naked in front of the trigger-happy press photographers. The police did not interfere.

sex worker prostitute police raid 010812 oriental dailySome suspected sex workers were shocked by the sudden appearance of the police personnel and the media horde, causing them to grab their clothes to cover their bodies.

One senior male media personnel appeared extremely excited when he saw a naked woman in front of him. While training his camera on the woman, he scolded her in Malay: "Who asked you to cover (your body)?"

The woman tried in vain to locate a private nook to dress herself, but the photographer tailed her until a police personnel said: "Forget it. Let her dress up."

The media man slowly made his way out of the room, but stopped in front of a curtained cubicle to take photographs of another woman putting on her clothes.

After the suspected sex workers had put on their clothes, they were taken to the lobby of the establishment.

Female journalists too join the fun

One suspected sex worker wore a short dress and in her haste, did not put on any underwear. As she sat down, several photographers and videographers noticed her exposed private part and quickly trained their cameras on her.

When the victim realised what was going on, she rushed back to a room to put on an underwear.

Meanwhile, several female journalists were having a ball posing for photographs in front of the suspected sex workers.

The incident clearly illustrate how some media personnel had violated their journalistic ethics.

It is no surprised that Bukit Aman Anti-Vice, Gambling and Secret Societies Division director Abdul Jalil Hassan once said that the media often enjoyed such assignments.

This reminded me of the police officer who had earlier ordered his subordinates to take care of their image during the raid.

But that night, the members of the media were the ones who embarrassed themselves.


LOH IEE WEN is a crime desk reporter with Oriental Daily News. The above article appeared in Oriental Daily News on July 30, and is reproduced with permission.- Malaysiakini, 1/8/2012, Photographers have a ball at anti-vice raid


See earlier post: -

Not just defaming young foreign women - but now chaining and marking them - Shame on you Malaysia


WAO: Stop taking media on anti-vice raids

  • Sara Ghazie
  • 5:10PM Aug 1, 2012
Amidst criticism of a media pursuit to photograph naked women during a recent police anti-vice raid in Selangor, calls have been aired for greater respect for news subjects as well as a stronger grip on journalistic ethics.

womens aid organisation pc censored anti rape campaign 130109 ivy josiahWomen’s Aid Organisation executive director Ivy Josiah said the police should stop taking media personnel along on the raids, especially to massage parlours.

“Why should the media be there in the first place? The police should have never invited the media,” said the long-time campaigner for fairer portrayal of women in the media.

“Over the years, whenever there is a raid, they (media have) tended to take photographs of naked women… The customers and employers have rarely been shown and this is sexist.

“It is a common practice but it is humiliating and disrespectful to the women. The portrayal of women in the media has always been problematic.”

Photographers involved in the raid stand accused of taking pictures of the women, even following them to their changing rooms. The police apparently did not stop the photographers.

sex worker prostitute police raid 010812 oriental dailyIvy said reporters and media photographers should be educated by their editors to stop being unethical.

“The editors should focus on the ethical issues of their subordinates. They should be educated to respect women, innocent or guilty,” she told Malaysiakini today, noting that those caught in such situations could be victims of human trafficking.

She suggested that the media industry should monitor itself by seeking help from support groups like the Centre for Independent Journalism (CIJ) and National Union of Journalists (NUJ) to step up ethical reporting.

Malaysiakini also spoke to other stakeholders on this issue.

NUJ secretary-general V Anbalagan 

All journalists and photographers covering events must respect the privacy of the people involved.

NONEThey (news subjects) are innocent until proven guilty. Media are quick in blaming people and it is dangerous especially when it involves the rights of women and children.

The media is trying to paint a negative picture by posting (indecent) photos of women. The women have not been charged (with any offence). They are still being questioned by the police.

Since reporters need to write their stories, they should be careful in handling the photos and should not identify the women.

Although the NUJ has provided classes on ethics in the past, it is the job of the employer to fully educate the photographers and journalists.

The NUJ will look into updating the code of ethics. Times have changed, so the code needs to be changed too.
Muhammad Sha'ani Abdullah, Commissioner, Human Rights Commission of Malaysia

The media should not sensationalise their articles to sell more newspapers.

suhakam memo shaani sha'ani 170412In any news coverage, they (media) should respect the subject's dignity.
The media should not use images of these people to promote their newspapers. This is not in our culture.

The police too have no right to invite the media on raids.

Suhakam will decide whether or not a dialogue is required with news editors to discuss the journalistic code of ethics.

We have highlighted this before. It is the media's responsibility to protect the privacy of (subjects), not degrade them any further.

If one of the girls is your mother, sister, or daughter, would you take the photos and publish them?  - Malaysiakini, 1/8/2012, WAO: Stop taking media on anti-vice raids

Former Public Sector Workers who are not pensioners forgotten?

CIVIL servants will be paid a half month bonus with a minimum payment of RM500 ...Sharing the joy of the 1.27 million civil servants are 657,000 pensioners who will receive a RM500 special payment. 
Pensioners - well, these are persons who are receiving pensions. And, I remember that not all former public servants (civil servants/government servants) are pensioners - for there was a time that this BN government did 'encourage' many to abandon the pension scheme and choose EPF - and many did so.

It seems that these Raya gifts are only for 'pensioners' - what about other former civil servants who are not pensioners - for they, really, are the people that are suffering...

The Malaysian government is finally acknowledging the failure of the EPF scheme ---- for these 'savings for old age' (simpanan hari tua...) is really NOT ENOUGH - many after taking their EPF money after retirement finds that the money all gets spend within a few years... [Say, for a middle income earner - who when he/she retires have say RM70,000 - and say, in Modern Malaysia - this person spends RM1,000 per month to survive - this RM70,000 will only last less than six(6) years....] So, what will these persons do after that.... To make the problem worse, the government also encouraged a lot of people to buy 'unit trust', etc...and provided very little advice, and I know people that invested in 'unit trust' that promised very high returns ... and not knowing that such funds are not safe - as they can also result in high losses as well..

All Malaysians, above 55 years, did contribute to the current well-being of Malaysia - and Malaysia needs to take care of ALL of them - irrespective of whether they were former workers in the public sector or not.... In fact, a date base must be maintained, which has also the person's bank account (best it be BSN) - and the government easily could transfer directly into these accounts Raya gifts and other monies to take care of our 'Warga Mas' (Golden Citizens) - for they all did contribute.

BN government and Najib only appreciates those in the public sector now, and the only the pensioners..., it seems...

See also earlier post:

No Raya Bonus from Government for private sector workers, farmers,...in 2012


Defecting BN MPs so close to the next GE may be cause for concern

Defecting BN MPs... just when their term is expiring ...and the next General Elections around the corner - a reason to be joyful and happy...or a reason to be greatly concerned...

Maybe, these 'defectors' were not going to be given chance of contesting under the BN come next General Elections - and by defecting just maybe a few weeks/months before the next General Elections may be the way of just being able to continue being an MP - under maybe Pakatan Rakyat...

I would have been happier if they had 'defected' in 2008 - and, as such I am concerned and hope the Opposition do not make the mistake of naming them as MP/ADUN candidates for the Opposition...


Anwar hints at more 'good news' from Sabah
  • Aidila Razak
  • 12:49PM Aug 2, 2012
 
In what seems like a flashback to the Sept 16 episode, PKR de facto leader Anwar Ibrahim today hinted at more “good news” to come from Sabah soon.

This follows the defection of Tuaran MP Wilfred Bumburing and and Beaufort MP Lajim Ukin from BN last weekend.

“I will be back in Sabah on Aug 12, with some more possible good news...We will have to be prepared,” he told reporters with a grin. - Malaysiakini, 2/8/2012, Anwar hints at more 'good news' from Sabah

Sunday, July 29, 2012

No Raya Bonus from Government for private sector workers, farmers,...in 2012

What about Raya bonuses for private sector workers, for self employed, farmers and small business persons?

Again in 2012, Malaysia's BN government (and also the Selangor State PR government) seem to be just showing concern for public sector workers only - and pensioners of the civil service? Raya bonuses.....

CIVIL servants will be paid a half month bonus with a minimum payment of RM500 ...Sharing the joy of the 1.27 million civil servants are 657,000 pensioners who will receive a RM500 special payment.

Penang Government is giving out a half-month Hari Raya bonus with a minimum payment of RM600 to civil servants in the state ...In Selangor, Mentri Besar Tan Sri Khalid Ibrahim said in a statement that a half-month bonus with a minimum payment of RM500 plus an additional RM200 will be deposited into the civil servants’ Selangorku Savings scheme next week

What about the other workers, those in the private sector - many of whom are in a bad state - not even able to enjoy that very low minimum wage that the government has set at RM900 which will only start to take effect next year....

Are all other workers and persons in Malaysia not been contributing to Malaysia - that is how it feels when this BN government (and some PR government) only seem to be interested in giving civil servants (and pensioners) bonuses...allowances... etc.

Bonuses - well, this is something that employers give their workers when they are making profits and their financial situation is good. Well, Malaysia has been removing subsidies, increasing taxation, .... all the while saying that Malaysia is in a precarious economic condition - there have also been word that Malaysia would go 'bankrupt' if the government does not reduce its public spending in the form of subsidies...

So, why is the BN government literally spending money which they should be saving for stability?

As it is, workers in the public sector are already treated as a preferred class of workers - they have pension, and they are even covered with regard to heart cases at the Institut Jantung Negara..., etc... their wages are also certainly better. Employment stability is also something that they have.. 

But, as far as contributing to the well-being of Malaysia, I believe that all workers (both private sector and public sector), the self employed, farmers, fisher persons, small business persons, etc - all have done their part, and governments need to acknowledge these contributions...

If special help for Hari Raya or some other festive season is to be handed out - make sure it reaches all Malaysians - how do you do this? Well, there are so many creative ways....Let's see:-
a) Say RM20 subsidy on all household electricity bills, or water bill for the Raya period..
b) Say a special subsidy for rice, flour, cooking oil - which will effective bring price down for the period..
c) Say postal rate subsidy so that the stamp cost for sending festival greeting cards would be reduced...

The above would be ways of benefiting all Malaysians -- and when it covers basic necessities like these, it is less likely to be taken advantage of by the undeserving...

Half-month bonuses - well the higher paid would surely be getting a lot several thousands of ringgit .. (By the way MPs, Senators and ADUNs also would, I believe fall into this category). If the intention of the government was to assist primarily those in the low-income bracket - then give these bonuses just to that category ... or better just a RM500 to all. It would have been better.

It is time that all private sector workers, self-employed, small/oetty business persons, farmers, fisher persons, etc to reject such governments that only assists the workers in the public sector ---- and remember that this is the money of all the peoples in Malaysia including  private sector workers, self-employed, small/oetty business persons, farmers, fisher persons, etc. I do not think Malaysians are happy with a government that uses their money in such a discriminatory fashion...

Who is spending for all these PM visits, parties, gifts during the Hari Raya period? Is it not coming out of the government coffers...the people's money. Subsidies were removed ... prices have gone up - all by actions of this BN government who said that money must be saved...spending reduced to prevent our Malaysia from going bankrupt... and the effect of these cuts in subsidies is seen today at the Pasar Ramadan.... 

1 jug of sugar cane water in 2011 was RM3 - today in 2012, it is RM4 (in some places, one may be lucky to get it for RM3.50). Cost of living has certainly increased - thanks to Najib and the BN government ... so, please do not use Malaysia's money indiscriminately and for wrong purposes... 


KUALA LUMPUR:  CIVIL servants will be paid a half month bonus with a minimum payment of RM500 on Aug 9 in a Hari Raya gesture announced by the government yesterday.

Sharing the joy of the 1.27 million civil servants are 657,000 pensioners who will receive a RM500 special payment. Prime Minister Datuk Seri Najib Razak made the announcement yesterday. Chief Secretary to the Government Datuk Seri Dr Ali Hamsa thanked the government for its contribution.

Speaking before a buka puasa function with Deputy Prime Minister Tan Sri Muhyiddin Yassin here, Ali said the payment was timely. “I hope civil servants will spend it wisely.” Congress of Unions of Employees in the Public and Civil Services (Cuepacs) president Datuk Omar Osman said this demonstrated the government’s appreciation of civil servants and pensioners.

“This contribution is meaningful for low income earners among civil servants, especially in helping them to prepare for Hari Raya.” Malaysian Government Pensioners Association president Datuk Paduka Raja Wan Mahmood Pawan Teh said the payment proved that the government appreciated the services and sacrifices of pensioners for the country’s development.

He said this showed that Najib was a noble leader who was concerned about the welfare of civil servants and pensioners. Later,at a buka puasa with some 3,500 residents of Taman Nirwana, Ampang, Najib said Barisan Nasional was capable of developing policies that made the economy sustainable and resilient. At the same time, BN could also find new sources of revenue, he said.

Najib added that this had enabled the government to implement programmes, such as Bantuan Rakyat 1Malaysia (BR1M), to help the people, including 23,000 families in Ampang who had received the RM500 aid.

“If we just continue to give, how long can it last? The answer is: not long. If we continue to spend without adding to our income, even the highest hill can be scraped flat.

“There is no point in aiming to be a popular government if it cannot develop the economy and is clueless about how to obtain wealth and attract investments.”

He said the government had done a lot through the Islamic concept of islah, or transformation. He took a swipe at the Pakatan Rakyat-led Selangor government over the state’s water problems. He added that a Federal Government that was able to generate new ideas and wealth would have no difficulty addressing the water situation.

Najib presented a contribution of RM2 million for the construction of Masjid Al-Mustaqim, a RM1.45 million contribution for mosques and surau in Selangor, and contributions of RM100 each to 100 single mothers and the disabled.

Present were Najib’s wife, Datin Seri Rosmah Mansor, Selangor BN coordinator Datuk Seri Mohd Zin Mohamed and Ampang parliamentary coordinator Datuk Ismail Kijo.

Later, Najib performed terawih prayers at Surau Taman Sri Angsana Hilir in Kampung Pandan,where he presented contributions from Kelab Putera 1Malaysia to the heads of mosques in Selangor. - New Straits Times, 26/7/2012, Raya bonus for civil servants, pensioners


PETALING JAYA: In wanting to outdo their political opponent Barisan Nasional, the Pakatan governments in Selangor and Penang have declared a higher minimum bonus payout for civil servants employed by the two states.

The Penang Government is giving out a half-month Hari Raya bonus with a minimum payment of RM600 to civil servants in the state.

Chief Minister Lim Guan Eng said the total payout estimated to be more than RM3.9mil would be given to 3,780 civil servants on Aug 9.

In Selangor, Mentri Besar Tan Sri Khalid Ibrahim said in a statement that a half-month bonus with a minimum payment of RM500 plus an additional RM200 will be deposited into the civil servants’ Selangorku Savings scheme next week.

This handout comes on the heels of Prime Minister Datuk Seri Najib Tun Razak’s announcement of a half-month bonus with a minimum payment of RM500 for civil servants in the country and a special payment of RM500 for government pensioners as appreciation to civil servants.- Star, 27/7/2012, Selangor, Penang up ante in Raya bonuses



Friday, July 27, 2012

Settled? Lynas should restore Free Malaysia Today's press freedom...

Should we allow businesses, corporations, MNCs.... take away freedom of expression, freedom of opinion, press freedom, freedom to highlight human rights violations and other real concerns about rights, justice, health risks, environment? 

Well, sadly in Malaysia - there is still no legal protection accorded to human rights defenders and others (including media) who try to exercise these freedoms....

...and, it should not be so - there must be laws that protect the ordinary citizen and concerned groups of persons so that they can truly exercise these freedoms in democratic Malaysia...

The case of Lynas is of great interest... for this corporation, I believe, went to court to effectively try to 'gag' or prevent any statement, opinions and views that were anti-Lynas... 

There were 2 suits filed, and we look now at the second suit that was filed...i.e. the suit against the publishers of Free Malaysia Today (an alternative on-line media)... which was just recently settled...

Let us look at the apology...

An apology to Lynas Corp Ltd

July 17, 2012
Re: Lynas Corporation Ltd & Anor v Mtoday News Sdn Bhd
Kuala Lumpur High Court Civil Suit No 23 NCVC-52-04-2012

We refer to the articles previously published by us which claim that the Lynas plant may be unsafe. We apologise for these publications as such claims do not have a scientific basis. The regulatory review of the Lynas plant has been thorough and diligent.

Comment - so the articles raised concerned that the Lynas Plant may be unsafe .... it was not an allegation that the Lynas plant was definitely unsafe. 

And, today there was a settlement recorded in court...

And, shockingly part of the settlement seems to be an undertaking that Free Malaysia Today will no more publish anti-Lynas statements

MToday’s counsel, Rueben Mathiavaranam, told reporters that as part of terms of the settlement, Lynas withdrew the suit and the defendant gave the undertaking not to publish any more anti-Lynas statements.
So, VICTORY for Lynas - for now Malaysians and others have lost ONE avenue to assert opinions, views... for the shutting down of the Lynas Plant....etc...

So, will the strategy for such corporations be further legal actions against other forms of expression - resulting in just a shut down of all anti-Lynas protest, opinions, etc....

It is a good strategy for corporations, who do have the resources to do so, --- but is something that individual persons, protest groups, civil society, alternative media, bloggers do not have... being taken to court is not only stressful, but there is a lot money and resources needed for lawyers, etc...The Malaysian courts, with the quantum of costs and damages being awarded is no more for the poorer folks - but only the rich can utilize this battleground...

It would have been more just to have just been required to give an undertaking that no anti-Lynas statement be published until Lynas be given an opportunity to respond before publication. That is what is expected of the media anyway...

 We apologise for these publications as such claims do not have a scientific basis. The regulatory review of the Lynas plant has been thorough and diligent,” it said.

Are we expected to only say things after we have done scientific research or scientist opinions.... Can media or persons publish matters based on their own belief, opinion, etc - based on a general understanding of a subject matter obtained by 'limited' research vide internet, libraries, publications, etc ... I believe, yes.... 

Is rare earth dangerous? Is radiation generated a health risk? ... It is sad that part of the settlement required FMT to say ...'no scientific basis...' at all....and to also say that the review had been 'thorough and diligent' - who is FMT (or its owners) to say that it had been thorough and diligent.... Lynas can say that, but ultimately it will be the reviewing body who has to show that it was 'thorough and diligent'... and if persons disagree, then they should have the opportunity to appeal....and even take the matter to Court for a determination that it was 'thorough and diligent'.... I say, at the end of the day, all that one can really say is that I "...verily believe that it was thorough...blah...blah..." - for only God can say whether something is thorough or not....

PROPOSAL TO GOVERNMENT & CORPORATION/BUSINESSES

This is not a Battle between Lynas and the people of Malaysia  - both have a right to have their say, raise their points, make their assertions and arguements.... and all this is directed to the Malaysian Government and/or the State Government and/or the relevant Local Council and/or Parliament....- who have the power to decide whether the said rare earth processing plant be allowed to operate, continue to operate, etc.... (and after that decision is made, anyone not happy can appeal ...challenge it in courts...). For cases of judicial review, there must be no cost and damages awarded at all...

So, there must be laws against parties using the courts and/or other means to attempt to gag, to gag, or to undermine the right and freedom of opinions, views, expression of the other party...

We do not want a society where human persons are expected to be 'silent' and all accepting all that is done by governments and businesses.... we want a society where human persons are concerned about others, environment and the overall well-being and  good of the community... we want people to express their views and opinions....freely...and unhindered. There should be no requirement that this must be done in 'good' English or BM - likewise there should be no requirement that they must have scientific basis or proof first... before they can express a view...Views and opinions of ordinary persons are generally based of feelings, perceptions, beliefs, values, etc... seldom does it come after any 'thorough investigations' or scientific experimentation or research....and to expect that 'high standards' of ordinary human persons (not experts in the field) is really nothing more than a suppression of the freedom of expression and views...

Malaysia must ratify the UN Human Rights Defenders Convention ...

We must have laws that promote freedom of expression - not that suppress them...? As such, the repeal of the Sedition Act is certainly a step in the right direction....

We certainly must be also given full freedom of expression when it comes to corporations and businesses...

When it comes to statements about individual persons - it may have some control
 
I am of the opinion that the right to sue for defamation/libel should only be available to individual human persons - certainly not to corporations and other legal entities...



Lynas withdraws suit after FMT apologises
  • Bernama
  • 12:57PM Jul 27, 2012
 
Lynas Corporation Limited and Lynas Malaysia Sdn Bhd today withdrew their suit after MToday News Sdn Bhd, operator of the online news portal Free Malaysia Today (FMT), apologised to Lynas over an allegedly defamatory article published on its website.

The parties recorded the settlement of the suit in chambers before High Court Judge Nor Bee Ariffin.

MToday’s counsel, Rueben Mathiavaranam, told reporters that as part of terms of the settlement, Lynas withdrew the suit and the defendant gave the undertaking not to publish any more anti-Lynas statements.

“As part of the settlement, the court also made no order as to costs and no damages to be payable, and for three offending articles also to be removed from the FMT (website),” he said.

On July 17, MToday posted an apology on its website, www.freemalaysiatoday.com, over the published articles which claimed that the Lynas plant might be unsafe for the public.
 
We apologise for these publications as such claims do not have a scientific basis. The regulatory review of the Lynas plant has been thorough and diligent,” it said.

On April 19, Lynas Corporation of Sydney, Australia, and Lynas Malaysia filed the suit against MToday News over an allegedly defamatory article published on its website on March 6.

Lynas sought general and aggravated damages, costs and an injunction restraining the defendant from publishing further defamatory articles on Lynas.

Counsel Rishwant Singh represented Lynas.

- Bernama - Malaysiakini, 27/7/2012, Lynas withdraws suit after FMT apologises

Do hope that Lynas - will review its position - and give back full press freedom to Free Malaysia Today with regard its future coverage about Lynas. The condition to contact Lynas for a comment/response if the news report is 'anti-Lynas' before publication of the said report, with the assurance that Lynas will respond within 1 hour failing which the report shall be published - and any response by Lynas shall be forthwith published thereafter as soon as possible...



Monday, July 23, 2012

What you can do to STOP Malaysia's plan to build Nuclear Power Plants?



Press Statement                                                                                                                                                                                                                      19 July 2012

Nuclear Energy in Malaysia: From “Option” to “Point of No Return”
 
We, the undersigned civil society organisations, are extremely concerned that the Malaysian government is going ahead with its plans to build two nuclear reactors, without sufficient public information, consultation or debate. There is concern that the government has quietly proceeded to advance its plans on nuclear energy, ignoring wide public concerns about the dangers of nuclear energy and the lethal risks of nuclear accidents, as in the Fukushima melt-down last year.
 
At a forum in February 2012, statements by the Malaysia Nuclear Power Corporation (MNPC) and Tenaga Nasional Berhad (TNB) revealed that the Nuclear Power Plant (NPP) project has tiptoed to an advanced stage of development:
 
*  Nuclear energy was singled out as one option for electricity generation on 26 June 2009 and a pre-feasibility study completed in 2010.
*  The construction of two nuclear power plants (NPP), with a total capacity of 2 gigawatts, was identified in 2010 as one of the Entry Point Projects in the Economic Transformation Programme.
*  The MNPC is preparing a Nuclear Power Infrastructure Development Plan (NPIDP) which is expected to be completed by 2013, culminating in the delivery of Malaysia’s first nuclear power plant by 2021.
*   The final decision to ‘go nuclear’ is expected to be made in 2013 or early 2014.  
 
A detailed timeline on nuclear power deployment (Source: Nuclear Malaysia; Malaysia NKEA OGE Laboratory 2010), indicates that the final site selection will be made in 2014, marking this as the POINT OF NO RETURN, when the government makes its final decision and awards the contract to the successful vendor. It is expected that the twin-unit NPP will require a RM21.3 billion investment up to 2020.
 
It has come to our knowledge that the following potential sites have already been identified:
·         Five coastal sites, one each in Kedah, Perak and Terengganu and two in Johor.  
·         Two inland sites, near Tasik Temenggor, Perak, and Tasik Kenyir, Terengganu.
 
We have learnt that Burns and Roe Enterprises Incorporated of the United States of America has been appointed to conduct the NPIDP (refer to handout), feasibility studies and make recommendations to MNPC, with regard to optimal siting, reactor technology, reactor size, infrastructure development needed to support the nuclear power option, and preparation of the bid documents for solicitation of potential vendors for the NPP.
 
We are disappointed that the Malaysian government is determined to consider nuclear as an energy option when such technology has been rejected by a growing number of countries and carries enormous risks to health and public safety, including the indefinite accumulation of radioactive waste, which cannot be disposed of safely and which will remain lethal to future generations of Malaysians for thousands of years.
 
Nuclear power is not a feasible option for Malaysia, whereas renewable energy and energy efficiency are.   Besides, the cost of nuclear energy is escalating world over while the costs of renewable energy have been declining.
 
Moreover, there has been no process of public consultation and decisions are being made without transparency or accountability.  We do not accept that government-sponsored and corporate-funded meetings by pro-government groups, including academia, constitute such engagement or information, particularly when statements, made at such meetings, represent disinformation. As a result, the public has been deluded and misinformed about the facts of nuclear energy and nuclear power plants. The undeniable truth is that nuclear energy and nuclear power plants are not cheap, clean or safe.  
 
In view of the serious long-term impacts of nuclear power production, we demand that the Malaysian government abandon its plans for nuclear energy and invest in safe renewable energy and energy efficiency.  We further demand that the government come clean on its plans including disclosing the potential sites for the nuclear power plants. We call on the government to stop the on-going implementation process immediately.
 
 
 
List of supporting organisations
 
1.         Centre for Independent Journalism
2.         Consumers' Association of Penang
3.         Centre for Orang Asli Concerns
4.         Dignity International
5.         EcoKnights
6.         Environmental Protection Society of Malaysia (EPSM)
7.         Himpunan Hijau
8.         Institute for Development of Alternative Living (IDEAL)
9.         Jaringan Muafakat Pertubuhan Islam Perak
10.       Majlis Perundingan Pertubuhan Islam Malaysia
11.       Malaysian Physicians for Social Responsibility (MPSR)
12.       Nuke Off
13.       Pahang Raub Ban Cyanide in Gold Mining Action Committee
14.       Peoples Green Coalition
15.       Persatuan Sahabat Wanita Selangor
16.       Persatuan Persaudaraan Muslimah Malaysia
17.       Persatuan Teras Pendidikan Dan Kebajikan Melayu Malaysia
18.       Pertubuhan Gelombang Hijau Kuantan
19.       Pertubuhan Muafakat Warga Desa (Rural Citizens) Negeri Kedah
20.       Sahabat Alam Malaysia
21.       Sarawak Dayak Iban Association (SADIA)
22.       Sekretariat  Himpunan Ulama Rantau Asia
23.       Social Economic Committee of Kuala Lumpur & Selangor Chinese Assembly Hall
24.       Stop Lynas Coalition
25.       Tenaganita
26.       TERAS Pengupayaan Melayu
27.       Third World Network
28.       TrEES (Treat Every Environment Special)
29.       Warga Permuafakatan Pertubuhan Islam Darul Aman
30.       Women's Aid Organisation (WAO)
31. LLG Cultural Development Centre
32.    Borneo Resources Institute Malaysia (BRIMAS)
 
 
 
and
 
 
 
 

Best Opposition do not give us ex-BN characters as their alternative candidates come next GE

The next General Elections is just round the corner - and the people are ready to vote out the Barisan Nasional, in favour of an alternative government 

But there are still lingering doubts as to whether there will be any real changes when the alternative government comes in .... will we witness an 'Animal Farm' situation where people and political parties just transform into just another 'BN type govetrnment '- where nothing changes only the people in power and their cronnies...

Since 2008, many NGOs, civil society groups and individuals have treated the Pakatan Rakyat and their state government less critically -  a 'giving chance' stance - Why? They are new, and need time...and they have yet to oust the BN government ...and that is a bigger PRIORITY

....and noting also the  environment like Malaysia where main stream media(TV, Radio, Print Media,  is still effectively pro-BN and anti-Opposition, anti-workers, anti-people...and the environment where true freedoms of expression, assembly,....etc is almost totally a bsent or suppressed by the authorities so badly... A small failing highlighted may have been blown out of proportion and dominated the media .... So some people who desired CHANGE held back..., I believe. 

The desire for change ....for getting rid of the BN (led by UMNO) that has ruled us since independence - people want a change .... they want a difference....and this feeling and attitude dominated - resulting also in a less open and critical stance adopted against the Opposition...

Now, there is a concern that come next elections, we will find a lot of ex-UMNO, ex-MCA, ex-MIC,...ex-BN MPs and ADUNs, even ex-Ministers, standing as candidates for the Opposition coalition - and this will be most disturbing. We want a real alternative - so, it is important that this is reflected also in the candidates of the Opposition.... [PKR supreme leader is an ex-UMNO member - a former Deputy PM of the BN government -- and a large number of PKR are ex-BN memebers - but when it comes to choosing of candidates, it is essential for the candidates chosen who were ex-BN be kept to a minimum - And if these ex-BN people are trully committed to change ...to REFORMASI, they will in fact be happy to stand aside and not insist on being chosen as MP/ADUN candidates.... Those who insist...and say that if not  allowed to contest in the upcomuing GE they withdraw the suport and those of their cronnies are really persons that the Opposition parties must purge....for we do not need them...]  We do not MPs/ADUNs who will threaten to jump if they do niot get this or that for their personal or their cronnies gain.    

There are so many good persons available out there, those who were not ex-BN, with a long history of struggling for justice and human rights .... so, it is my hope that the Opposition do not present us with these ex-BN members, MPs, ADUNs and leaders as their alternative candidates...

Malaysians really want to get rid of the BN - and enjoy being governed by an alternative government....so give us proper good candidates come next General Elections...

REPEAL OF THE SEDITION ACT IS COMMENDABLE

PRESS STATEMENT

REPEAL OF THE SEDITION ACT IS COMMENDABLE

The Human Rights Commission of Malaysia (the Commission) welcomes the announcement of the proposed repeal of the Sedition Act 1948, one of the many laws which it has previously called upon the Government to repeal, and hopes that this commendable move will enable a greater enjoyment of the basic human rights to freedom of speech as guaranteed under the Federal Constitution and as enshrined in Article 19 of the Universal Declaration of Human Rights 1948 (UDHR). 

The Commission appreciates and supports the efforts for democratic reforms and to safeguard human rights and freedom in the country, as promised during the Honourable Prime Minister’s special Malaysia Day address on 15 September 2011. The Government has earlier revoked all Emergency laws, including the Internal Security Act 1960, the Banishment Act 1959 and the Restricted Residence Act 1933, and amended the Printing Presses and Publications Act 1984, the Police Act 1967 and the Universities and University Colleges Act 1971, and enacted the Peaceful Assembly Act 2012 and Security Offences Act (Special Measures) 2012. Nevertheless, the law reforms efforts have generated some concerns from various sections of the society since they were done swiftly and without much consultation. While the Commission welcomes the proposed replacement law, the National Harmony Act, and notes its intention to provide a balance between guaranteeing the freedom of speech for every citizen and handling the complexity of plurality existing in the country, it hopes that the new Act will be drafted in a transparent manner through consultations with all stakeholders in order to ensure that it will be in line with fundamental human rights principles. 

On that note, the Commission looks forward to engaging with the Attorney General’s Chambers and other stakeholders including civil society groups in the drafting of the new law to address particular concerns and to ensure that the provisions provided under it are consistent with universally accepted human rights principles, thus promoting and protecting human rights in the country. As part of its functions as the national human rights institution, the Commission will continue to monitor the implementation of this and other new laws to ensure that they are in compliance with international human rights principles and norms, more specifically the Universal Declarations of Human Rights 1948 (UDHR).

- END –

“HUMAN RIGHTS FOR ALL”

TAN SRI HASMY AGAM
Chairman
The Human Rights Commission of Malaysia (SUHAKAM)

12 July 2012