Tuesday, June 18, 2013

Home Minister, risk of cracks to buildings is no reason to call of search for Chin Aik, alive or dead?

It is absurd that the search for the body has been called off. Home Minister Ahmad Zahid Hamidi explained that the digging work to locate Chin Aik's body had to be called off as buildings around the craters - the Penang State Museum and Pakistan Mosque - are at risk of cracks. 

Cracks? - How can you even use such reason to stop the quest for Chin Aik? Maybe, he did not die...or he did but no one will know until his body is found. For any family, the finding of the body would be very important, and only with a body can one be buried and cremated - the proper funeral rites. This is not a case of a body lost in sea or space - but on land in Penang - please continue on with the search for Chin Aik - who also may still be alive. Would there even have been a suggestion to call off the search had that been a 'more important' person? 

Now, if the body cannot be found, then Chin Aik would be considered 'missing' - for a presumption of death, one has to be missing for many many years... or the law does not matter, the BN can do as it pleases.

Concern for the family and insurance claims? Well, this is lame for after all the Government can step in and provide the needed assistance to the family until Chin Aik's body is found or the necessary time has passed and the presumption of law that a person is dead comes into being.

Was there even any evidence of the person of Chin Aik found? DNA evidence? 

No probe (or inquest) should be conducted on the death since we still do not know whether he is dead or alive - but a probe must be conducted on the incident? Was there corruption involved? Were there anyone to be held responsible - was there regular inspections? Who was responsible? It is very easy to blame God, i.e. 'Act of God' - but first make sure that all the needful was done with regard construction and regular inspections...




Minister orders probe into storm victim's death

  • Susan Loone
  • 3:54PM Jun 17, 2013
Home Minister Ahmad Zahid Hamidi said police will conduct a probe into the death of hawker Lim Chin Aik so that an inquest can be carried out on the death.

NONEAhmad Zahid said the probe will be carried out by the forensics department headed by Penang Police chief Abdul Rahman Hanafi.

"The probe will be carried out beginning tomorrow until the (June) 20th," the minister (seated, centre in photo)said during a press conference with Chief Minister Lim Guan Eng (seated, right in photo) at the accident site along Jalan Macalister.

"The results of the probe will be sent to me so I can direct the National Registration Department to issue a death certificate on the 21st.

"The certificate is necessary for insurance claims as the vehicle that was discovered belongs to the victim," he stressed.

George Town OCPD Gan Kon Meng said once the probe is completed, the police will apply for an inquest from the Attorney-General's Chambers.

NONESearch for Chin Aik's body has been called off today after the Special Operations Rescue Team failed to uncover his remains despite digging into the crater for four days.

Parts of his Honda City were recovered in the six-metre deep crater after a 50-metre long lightning rod fell from the state Umno building striking the car when strong gales hit Penang last Thursday.

The rod struck a lorry, killing driver and Indian national Jahir Hussain Sulaiman. In a separate incident, another victim died after he was struck by a fallen tree.
Interest of victim's family placed first

Ahmad Zahid said financial aid will be handed over to the Chin Aik’s family by the Women, Family and Community Development Minister Rohani Kassim by this week.

He added that Penang BN and Umno will also extend some aid to ease the burden of the victim's family as Chin Aik was the sole breadwinner, with three kids, one of which has Down syndrome.

He has two sons aged 18, 20 and a daughter aged 13, while his 48-year-old wife Lee Chai Song used to be his helper.

"What is important is that we have put our differences aside and placed human interest of the family above all," Ahmad Zahidi said.

NONEThe minister thanked all sectors, including Lim, his staff, the police, fire and rescue departments and local council workers for working tirelessly to restore the situation to normal since the violent storm hit Penang.

He also apologised to the family of the victim (left) for the tragic incident.

He explained that the digging work to locate Chin Aik's body had to be called off as buildings around the craters - the Penang State Museum and Pakistan Mosque - are at risk of cracks.

Ahmad Zahid visited the family at the site about 2pm, around the same time as DAP senior leader and Gelang Patah MP Lim Kit Siang.- Malaysiakini, 17/6/2013, Minister orders probe into storm victim's death

Over 1,000 Burmese migrants arrested in Malaysia this June - and what has happened to them? Surely we must care and not just be concerned only about post GE13 issues


 
Published on Jun 08, 2013


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Malaysian police have arrested nearly 1,000 Myanmar nationals after clashes broke out in the past week. -- PHOTO: SIN CHEW DAILY/ASIA NEWS NETWORK
- See more at: http://www.stasiareport.com/the-big-story/asia-report/malaysia/story/kl-arrests-more-myanmar-workers-20130608#sthash.xbTpdIGI.dpuf


 
Published on Jun 08, 2013


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Malaysian police have arrested nearly 1,000 Myanmar nationals after clashes broke out in the past week. -- PHOTO: SIN CHEW DAILY/ASIA NEWS NETWORK
- See more at: http://www.stasiareport.com/the-big-story/asia-report/malaysia/story/kl-arrests-more-myanmar-workers-20130608#sthash.xbTpdIGI.dpuf
“We have taken steps to prevent further bloodshed by picking up more than 1,000 Myanmar workers, mainly in Sentul, Cheras, Brickfields and Dang Wangi,” Amar Singh [Kuala Lumpur’s deputy police chief, Sr Asst Comr Datuk Amar Singh] was quoted as saying, adding that illegal migrants to the country would be detained on a more permanent basis.- The Irrawady, 6/6/2013, Malaysia Detains Hundreds of Burmese after Reports of Killings

What has happened to the Burmese migrants that were detained, on the basis that there had been several incidents of violence and deaths on migrants from Burma. Note that there was also a report of an Indonesian migrant who was brutally stabbed (Star Online, 4/6/2013, Foreign worker brutally stabbed to death in Kepong)

The Malaysian police response seem to be a 'crackdown' on migrants from Burma (Myanmmar) resulting in over 1,000 arrests according to Kuala Lumpur’s deputy police chief, Sr Asst Comr Datuk Amar Singh (The Irrawady, 6/6/2013, Malaysia Detains Hundreds of Burmese after Reports of Killings) From the reports I have perused, it is really unclear as to who is responsible for the violence and the killing. Was it local Malaysians, or some foreign gangs? What is very wrong is the large number of suspects being arrested - over 1,000? 

What is also most disturbing is the 'differences' in the police response? How many people were arrested in connection to the brutal stabbing of the Indonesian? How many suspects are generally arrested in connection with any murder/violence?

Police cannot simply arrest large numbers of people just because the suspects were identified as being of a particular nationality, or spoke a particular language? We recall the mass arrest of Indonesians in the late 90s when a policeman was killed, and a witness said they sounded Indonesian. 

Suspects  should only be arrested if there is some evidence that makes one a suspect. Of course for any investigation, police can call in and gather evidence from witnesses - but you never arrest witnesses.

Media fails to report on this - but we will not be blinded or irresponsible to this gross injustice.

Hope be that the politicians of Pakatan Rakyat would also not be perceived as being uncaring by reason that these victims of injustice are not citizens that can vote them in the next elections. The people wants people's representatives to be human persons that care who will uphold always the cause of justice and human rights for all human beings without fear or favour.



Sunday, June 09, 2013

Bar suggests 10-day notice law exploited to block freedom of assembly


Well, really Najib's Peaceful Assembly Act is a law that infringes the freedom of Peaceful Assembly Act.  I say repeal this draconian law. If there is any requirement, maybe a requirement to inform the police maybe 12 hours before the event so that police can be there to ensure safety of protesters...and that this freedom is exercised in a peaceful manner. Police may want to assist in directing traffic, etc - but not interfere with this fundamental freedom...

 Malaysia

Bar suggests 10-day notice law exploited to block freedom of assembly

UPDATED @ 03:50:33 PM 08-06-2013
By Syed Jaymal Zahiid
June 08, 2013
 
KUALA LUMPUR, June 8 — The Bar Council today appeared to suggest that the police is exploiting a ten-day prior notice law to block the opposition from holding any street rallies. 

Its president Christopher Leong has criticised the authorities for charging Pakatan Rakyat (PR) leaders for allegedly violating the Peaceful Assembly Act (PPA) by failing to issue the notice before holding several “Black 505” protests nationwide, arguing that the it was unnecessary for them to do so. 

“There is no reason for the rally organisers to be charged. For me the provision for ten-day notice is ridiculous,” Leong told reporters after attending a forum on constitutional redrawing here, adding that he noticed a “trend” by the authorities to use the law as the reason to prosecute the leaders. 

The Bar Council president noted that the prior notice requirement under the PPA was merely drawn to give the authorities time to arrange, facilitate and ensure a rally is held peacefully. 

“Under the PPA, there is no approval needed...the ten-day requirement is not a good provision,” he said. 

Leong’s criticism comes just as Inspector-General of Police Tan Sri Khalid Abu Bakar suggested that the opposition had failed to meet the criteria of the provision when it notified the police about its plan to hold a mass rally at Padang Merbok here on June 15. 

According to Sinar Harian today, Khalid said the notice was incomplete following PR’s failure to obtain approval to hold a protest against the alleged fraudulent practices in Election 2013 from the city council DBKL. 

Home Minister Datuk Seri Ahmad Zahid Hamidi had said that PR could proceed with the planned June 15 rally, dubbed “Black 505”, if it is conducted within the provisions of the PPA. 

Leong said the Bar Council would maintain neutrality in the matter but pointed out that it would be sending a team to monitor what is likely to be the biggest poll reform rally held since polls watchdog Bersih 2.0 took the streets last year. 

“You cannot quote me saying we agree or disagree with their plan to hold the rally... what we will do is send a team to monitor,” he said. 

Immediately after the May 5 polls, PKR’s #siasatPRU13 team made a series of exposes on what it claimed was proof of polls fraud as the opposition moved to pressure Putrajaya to implement polls reform, starting with the complete overhaul of the Elections Commission (EC). 

PR and other civil society groups have since held mammoth rallies since May 5 to push their agenda for reform, outlining three main conditions with the first being the resignation of all EC members for its failure to ensure a free and fair Election 2013. 

The “Black 505” rallies as they are called, were also created as a movement of protest against PR’s claims of irregularities during the polls, which saw the ruling BN retain power despite losing the popular vote. 

In the over 10 such protests held so far, each one drew mammoth crowds of tens of thousands of people, turnouts that PR leaders have said is proof of their solid backing from more than half the country’s registered voters. 

Despite losing the overall election, PR’s candidates had garnered more than half the total votes cast on May 5 at 51 per cent while BN lost the popular vote contest with their 47 per cent, a first since the 1969 general election. 

But the protests have also led to the widespread crackdown on the opposition and its supporters, with score of politicians and activists finding themselves hauled in for questioning or even detained in lock-ups overnight.

Nik Nazmi was first to be charged on May 17. He claimed trial to charges under the Peaceful Assembly Act accusing him of failure to give early notification for the mammoth Kelana Jaya stadium rally on May 8. 

Ten days later, six others faced the same charges for similar gatherings in Perak, Johor, Pahang, and Negeri Sembilan. - Malaysian Insider, 8/6/2013, Bar suggests 10-day notice law exploited to block freedom of assembly

Saturday, June 08, 2013

Anwar Ibrahim, what parliamentary written questions did you submit and what were the answers you received?

Well, Member of Parliament(MPs) and Senators can submit WRITTEN questions every Parliamentary session, and they would get an answer to these questions for the government, i.e. from the relevant Minister/Ministry but sadly, Malaysians would never know the question and the answer unless our MPs and Senators share it with us - transparently disclose this information. 

The Malaysian Parliament website sadly does not disclose written questions and answers, which it really should. Only the oral questions are disclosed in the Agenda, and if it is dealt with during the parliamentary session, then we get to see the questions and the answers in the Hansard. 

Rightly, parliament website should also contain records of all questions asked by our Parliamentarians, and the answers to these questions.

Now, over the years I have been submitting questions to Parliamentarians to ask ... and some good ones do ask these questions in the form of WRITTEN questions, and do later disclose the answers they receive... 

Problem with a lot of Malaysian Parliamentarians, is that they do not consult with the people, they do not share.... They ask written questions, get written answers and just do not share... They should be putting it up on their Blogs, Websites, FB Pages, etc ... and political parties should be putting all these questions and answers on their websites and in their various publications. You are the people's representatives and we deserve to KNOW....

A good Parliamentarian would...

1 - Engage with the people, ask them whether they have any questions to be submitted to people - see for example Teresa Kok Do you have any questions for me to ask in Parliament?

2 -  Then, when you submit your questions, inform every one ---see for example Fuziah Salleh SOALAN-SOALAN UNTUK PERSIDANGAN DEWAN RAKYAT

3 - Most importantly, share with the people the answers received, not just to the oral questions(Soalan Lisan) - see Nurul Izzah - Jawapan Soalan-soalan Parlimen Mesyuarat Pertama Penggal ke-5

Just Scan The Response and Upload it - or type out the answers - give us the actual answers, and good also to include the Parliamentarian comments. Tony Pua, for example, goes to press and tells us about the written answers - Home Ministry Hides Crime Stats But Tony Pua, sometimes we just need to see the actual words of the answers given ...who knows others may see something else from the answers as well...

4 - Tell us also about questions that have been rejected by the Speaker like Teresa Kok -Why the Speaker didn’t allow Defence Minister Najib to tell me the cost of military operations and arms purchase


Some good MPs and Senators are doing this (sometimes not always)... but majority does not even do this, and the people are kept in the dark as to the answers given by the Government ... we cannot depend on the media who just select what they think is 'important' - so we need our Parliamentarians to follow the good practices ....

Pakatan Rakyat should also collect and compile all written questions(non-oral questions) and  answers on their website/blog so that the people will have easy access... PEOPLE want to know the answers to questions raised...

Parliament should also make sure a record of all non-oral(written) questions and answers can be accessed easily by the public so that people are not kept in the DARK...

When we do not get the answer, we ask and ask...problem is that the answers may have long ago been given to some Parliamentarian and he has 'secretly' filed away that answer, thinking that only he/she has the right to an answer not the Malaysian public --- we really need to kick out such MPs/Senators...

Does anyone know what questions (especially non-oral written type) did Anwar Ibrahim submit, and what were the answers he received? Surely, the Opposition leader must set the example .... to ensure accountability and transparency between people's rep and the people?


 

Friday, June 07, 2013

More than 1,000 Burmese migrant workers arrested by Malaysian police - this is very wrong.

“They should arrest those who committed killing. Instead, they arrest all the Burmese they see,”

Reports of about 1,000 migrants from Burma being arrested by Malaysian police in connection with recent deaths of 3 Burmese workers.
“We have taken steps to prevent further bloodshed by picking up more than 1,000 Myanmar workers, mainly in Sentul, Cheras, Brickfields and Dang Wangi,” Amar Singh [Kuala Lumpur’s deputy police chief, Sr Asst Comr Datuk Amar Singh] was quoted as saying, adding that illegal migrants to the country would be detained on a more permanent basis.
This is unacceptable, for only suspects involved in the killings should be arrested - not all the Burmese they see.  All persons shall be presumed innocent until proven guilty.

Who did the killing? Well, really there is uncertainty - Was it local youth? Was it some 'gangs'? Most migrant workers, documented or undocumented, are here for economic reasons and in some cases, when it involves Burmese, it is to flee an oppressive Burmese regime. There has been lifting of sanctions but really nothing (or very little has changed) for the people of Burma (Myanmmar) on the ground - hence there is little movement back to Burma of people who have fled the country.

One Myanmar migrant worker was killed and two others injured in separate attacks by some gangs of Malaysian youths in the northern suburbs of the capital of Kuala Lumpur on May 30-31...Some reports quoted Myanmar Embassy in Malaysia as saying that on May 30, a Myanmar worker working at a vegetable shop in Selayang Market, was attacked by a gang of unidentified motorcyclists when he was on his way back home...On the next day, another Myanmar worker was attacked in similar fashion. And on the same day, a Myanmar national living in western Selayang was killed by a gang...- People's Daily Online(English), 5/6/2005, Myanmar urges probe into attack on its workers in Malaysia

Is what is happening in Malaysia anything to do with ethnic clashes in Myanmar?  I have serious doubts about this..., and a propagation of this unconfirmed theory is wrong.  

We recall a similar case around 1998/9, when based hundreds of Indonesians were arrested in Johor on the basis that a witness to a killing said that the suspects sounded like Indonesians ...are we now seeing a repeat of this? But, here the victims are Burmese - the identity of the alleged perpetrators are unclear, it could have been anyone - so, is the mass arrest of Burmese reasonable or justified. Are the incidents or killings even committed by the same people? Is it the Burmese that are are being targeted, for after all an Indonesian worker was also killed in Kepong. Now, media does not report all killings... I wonder whether all this is anything to do with the outcome of the recent General Elections? There is just too many possibilities, and only good police investigation will reveal the truth - not mass arrests of persons.

Police should do their job properly, and only arrest suspects - not go on a massive crackdown on people from Burma.

BURMA

Malaysia Detains Hundreds of Burmese after Reports of Killings




  l
Two injured Burmese nationals are pictured at a hospital in Kaula Lumpur. (Photo: The Irrawaddy)
Two injured Burmese nationals are pictured at a hospital in Kaula Lumpur. (Photo: The Irrawaddy)

About 1,000 Burmese nationals in Malaysia have been “picked up” by Malaysian police forces in recent days after at least three Burmese migrants were allegedly killed by a group of Muslims in Kuala Lumpur.

Multiple clashes involving Burmese people in Kuala Lumpur and surrounding Selangor State have been reported since May 30, resulting in the deaths of three Burmese workers. Several others have been hospitalized with injuries, according to Burmese migrant workers in the Malaysian capital.

The killings have been linked to religious violence in Burma, where anti-Muslim sentiment has led Buddhist extremists to launch attacks against the country’s minority Muslims, leaving more than 200 Muslims dead over the last year.

Kuala Lumpur’s deputy police chief, Sr Asst Comr Datuk Amar Singh, told The Star Online that Malaysian authorities had begun to detain the Burmese nationals in order to prevent further possible violence.

“We have taken steps to prevent further bloodshed by picking up more than 1,000 Myanmar workers, mainly in Sentul, Cheras, Brickfields and Dang Wangi,” Amar Singh was quoted as saying, adding that illegal migrants to the country would be detained on a more permanent basis.

San Win, a Burmese migrant worker in Kuala Lumpur, told The Irrawaddy that Burmese people in Malaysia had contacted the Burmese Embassy in Kuala Lumpur seeking protection after they were attacked by a group of armed men who were believed to be Muslims.

He said, however, that the Burmese people had not received adequate protection from the Burmese Embassy. He said Burmese nationals, most of whom are Buddhists, were living in fear amid Malaysia’s majority-Muslim population.

On Thursday, five representatives of Burmese communities in Malaysia staged a protest in front of the Burmese Embassy in Kuala Lumpur, criticizing the Burmese ambassador to Malaysia, Tin Latt, for failing to provide protection to Burmese people living abroad in Malaysia.

Myat Ko Ko, an organizer of the protest, said that Malaysian authorities would launch a nationwide crackdown on Burmese nationals in the coming weeks.

The protesters also called on the Burmese Embassy to identify the bodies of those killed over the last week and to aid the families of the deceased. They demanded assistance from Burma’s diplomatic mission in Malaysia for those Burmese nationals hospitalized or in hiding as a result of the recent violence.

Myat Ko Ko said that the crackdown and detainments increased significantly after Deputy Foreign Affairs Minister Zin Yaw on Tuesday urged Malaysia’s ambassador to Burma, Ahmad Faisal Bin Muhamad, to take action against those who committed the killings and to prevent further violence.

Win Aung, a Burmese migrant in Kuala Lumpur, said the detentions were made over the last few days.

“Malaysian police, immigration officials and paramilitary militias started special operations in the evening of Tuesday and the whole day on Wednesday,” he said. “They arrested both undocumented and documented migrants.”

One Burmese migrant worker in Kuala Lumpur, who asked for anonymity, questioned the priorities of Malaysia’s law enforcers.

“They should arrest those who committed killing. Instead, they arrest all the Burmese they see,” he said.

It is estimated that there are more than 400,000 Burmese nationals living in Malaysia, including documented and undocumented migrant workers as well as UN-registered refugees.- The Irrawady, 6/6/2013, Malaysia Detains Hundreds of Burmese after Reports of Killings


Published: Monday June 3, 2013 MYT 11:06:00 PM
Updated: Monday June 3, 2013 MYT 11:20:48 PM

Foreign worker brutally stabbed to death in Kepong


By NICHOLAS CHENG



Policemen carrying the body of the 30-year-old Indonesian worker who was stabbed. Policemen carrying the body of the 30-year-old Indonesian worker who was stabbed.
 
KUALA LUMPUR: A foreigner working as a wiring subcontract was brutally stabbed to death in Desa Park City, Kepong on Monday.

In the 7.30pm incident, the victim, a 30-year-old Indonesian worker was believed to be returning home for dinner when the suspects attacked him.

Deputy Sentul OCPD Supt Othman Abu Bakar said the man was found dead by the roadside with parts of his stomach cut open and stab wounds on his chin and back.

He said authorities were looking for two suspects, who were seen attacking the man.

"We believe that one assailant used a knife to attack him, while another stood watch.

"The suspects, who are also believed to be foreigners, escaped shortly after," he said.

Othman said two witnesses have been brought in to assist investigations and that the case was being investigated under Section 302 of the Penal Code.

Meanwhile, Othman said that a similar incident involving a Myanmar national had occurred earlier at around 3.30pm in a wholesale market in Sentul.

The 27-year-old victim, who is a vegetable delivery boy, was stabbed by two assailants in the face, back of the head and both arms.

"He is in very critical condition and has been sent to the Selayang Hospital.

Thursday, June 06, 2013

5 migrant workers perished in a fire at a garments factory in Parit Buntar, Malaysia

 

 4 June 2013| last updated at 09:38PM

5 Foreign workers perished in a fire in Parit Buntar


PARIT BUNTAR: Five foreign workers were believed to be burnt to death in a fire which completely destroyed a used clothes processing factory in Kampung Parit Haji Awi, Bagan Tiang here today.


North Zone Fire and Rescue Department senior officer Zainuddin Abdul Rahim said as at 7pm yesterday two bodies of Myanmar male workers were recovered from the site.
 
He said the Fire and rescue Department does not rule out the possibility that there are three more victims yet to be found based on the information provided by the factory owner.
 
"We will continue the search operation to trace the remaining three who are probably trapped under the rubble.
 
"We are using K-9 sniffer dogs from Kuala Lumpur for this purpose," he told reporters here yesterday.
 
Zainuddin said the department is still investigating the cause of the fire and the total amount of losses.
 
Meanwhile Bagan Tiang voluntary fire brigade secretary  Soon Yeh Thung said the fire started at about 3pm and they were alerted by the public at about 3.15pm.
 
He said more than 100 volunteer firefighters were also involved in helping to control the fire.
 
"The low water pressure had make it difficult for us to douse off the fire. The fire was finally extinguished at 5.30pm, after fighting it for more than two hours," he added. - New Straits Times, 4/6/2013,5 Foreign workers perished in a fire in Parit Buntar

Tuesday, June 04, 2013

CIJ:- Online licensing effort a means to control online media and stifle dissenting opinions

CIJ views any online licensing effort as a means to control online media and in effect, an effort to stifle dissenting opinions. 

In a media monitoring exercise of GE13 coverage run by CIJ in collaboration with University of Nottingham Malaysia Campus, of all types of media which were monitored -- online, newspapers, television and state media (Bernama and RTM) -- online news portals performed the best, giving approximately equal quantities and quality of coverage to both BN and Pakatan Rakyat. CIJ believes a key contributing factor is that online media -- unlike its print and broadcast counterparts -- is not regulated by the state and has more room to practice independence and fairness in reporting. 

Any form of online censorship, however indirect (eg through licensing), will affect access to information to media portals, currently the choice of urban, young and middle-class reading public -- the very constituencies which contributed heavily to BN government's worst showing in the recent general elections.    

We hope Information Minister Shabery Cheek's suggestion to study how online media can be regulated is not another step to teach Malaysians a lesson in voting for Pakatan Rakyat collectively more than for BN.

At best, the Minister's mulling over licensing is a cowardly idea lacking in imagination. 
There is no reason to copy Singapore's move, given our neigbour's poor standing in any world press freedom ranking. 

Minister Shabery Cheek mentioned that social media has become mainstream media. Has the Minister thought about how to implement licensing on Twitter and Facebook accounts -- run by commercial Internet giants -- which have more than 50,000 followers/likes? Singapore's licensing move covers websites that report regularly on issues relating to Singapore and those with 50,000 unique visitors from Singapore for a month over two months 

Online media enjoys strong support from the Netizens -- even for portals which require subscription. They are a source of news not just for those in Malaysia but also for the international community. Any form of licensing imposed on online media will be strongly opposed by civil society in Malaysia and the borderless online community. 

The Information, Communication and Culture Ministry is one of two bodies responsible to uphold MSC Malaysia's Bill of Guarantee No.7 -- to ensure no censorship of the Internet -- is respected. It needs to take steps to promote the exchange rather than curb the flow of information on the Internet. 

--
Centre for Independent Journalism Malaysia
Web: cijmalaysia.org
Tel: +603-4023 0772
Twitter: CIJ_Malaysia
Facebook: Centre for Independent Journalism

The Centre for Independent Journalism, Malaysia (CIJ) is a non-profit organisation that aspires for a society that is democratic, just and free, where all peoples will enjoy free media and the freedom to express, seek and impart information.
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Gabungan Bertindak Malaysia (GBM) Calls for Immediate Implementation of IPCMC

Inline image 1


Media Statement For Immediate Release
 Gabungan Bertindak  Malaysia (GBM) Calls for Immediate Implementation of IPCMC
4 June, 2013

These days Malaysians go to bed with the shocking news of a custodial death only to wake the next morning to learn of another death in police custody. The custodians of law and order must take full responsibility for these custodial deaths.

From January 14 to June 1, 2013, eight custodial deaths have been reported. According to the chief of the police force these are apparently "unfortunate". Referring to the latest death in IPD Tampin, the IGP Khalid Abu Bakar had reportedly said in a text-message to The Malay Mail, “It's just unfortunate that he died in our lock-up."

In this connection, the Minister of Home Affairs had earlier said that he had to be careful about taking action against the police in order to ensure that it would not have any demoralising effect on the police force.

GBM regards both these statements as unbecoming of leaders who are duty bound to protect the people of this country and condemn them for being insensitive and indifferent towards the preservation of precious lives.

GBM notes with utter disgust that the wanton cruelty of the police personnel towards their victims has been so prominent all these years that a Royal Commission had to be set up in 2005 which among others concluded that deaths in the lock-ups are "a serious cause for concern".

The Royal Commission produced 125 recommendations to clean up the police force, the most important  being the setting up of an Independent Police Complaints and Misconduct Commission (IPCMC).

Almost eight years have passed, but the government has not shown any inclination to establish the IPCMC, which, in the opinion of GBM, legitimises the police force to continue with its wayward ways.

GBM, an alliance of 25 NGOs, fervently believes that this state of affairs cannot be allowed to continue and calls upon the government to undertake the following actions without any further delays or excuses:

(1) To implement the Independent Police Complaints and Misconduct Commission (IPCMC) as proposed by the Royal Commission of Inquiry immediately. There should be no overt or covert attempts to weaken the authority or terms of reference of the IPCMC.
(2) To undertake speedily all the other recommendations made by the Royal Commission of Inquiry. A schedule of implementation of the recommendations should be prepared by the Government for adoption by Parliament. 
(3) To appoint the Inspector-General of Police (IGP)  as recommended by an independent Selection Board consisting of a representative from the Home Ministry, retired judges, retired senior police officers, SUHAKAM commissioners, representatives of the Bar Council and other civil society organizations. If the recommendation is not accepted by the Home Minister, it should be automatically referred to the Parliamentary Standing Committee on Home Affairs for hearing and decision making.
(4) To decentralize the Police Force from its present centralized authority, and to move the Federal Constitution provision relating to the police from the Federal List to the Concurrent List. At present, the police is exclusively emplaced within the Federal jurisdiction. This has led to the politicization of the police. The greatest benefit from decentralizing the police is that it allows local public feedback to be better incorporated into police work. This tie-up will ensure more effective crime prevention, and will definitely have a positive impact on police work.
(5) To take immediate action to arrest and charge all police personnel involved in the latest series of custodial deaths. Only through a swift and transparent judicial process will it enable the police force to clear its name!

Issued by the Executive Council of Gabungan Bertindak Malaysia

Note: GBM comprises of the following 25 civil society organisation members:

1)  Kuala Lumpur & Selangor Chinese Assembly Hall (KLSCAH) 吉隆坡暨雪兰莪中华大会堂
2)  Aliran 国民醒觉运动
3)  Tamil Foundation 淡米尔基金会
4)  Pertubuhan IKRAM Malaysia (IKRAM) 马来西亚回教革新理事会
5)  Majlis Perundingan Malaysia Agama Buddha; Krisitian; Hindu; Sikh dan Tao (MPMA-BKHST) 马来西亚五大宗教理事会
6)  Negeri Sembilan Chinese Assembly Hall (NSCAH) 森美兰中华大会堂
7)  Penang Chinese Town Hall (PGCTH) 槟城华人大会堂
8)  The Federation of Chinese Associations Johore State (FCAJ) 柔佛中华总会
9)  Lim Lian Geok Cultural Development Centre (LLG) 林连玉基金
10) United Chinese School Alumni Associations of Malaysia (UCSAAM) 马来西亚华校校友会联合会总会
11) Muslim Professionals Forum (MPF) 穆斯林专业论坛
12) Suara Rakyat Malaysia (SUARAM) 人民之声
13) Pusat Komunikasi Masyarakat (KOMAS) 社区传播中心
14) Saya Anak Bangsa Malaysia (SABM) 马来西亚之子
15) Persatuan Masyarakat Selangor dan Wilayah Persekutuan (Permas) 雪隆社区协会
16) National Indian Rights Action Team (NIAT) 全国印裔权益行动组织
17) Peoples Green Coalition (PGC) 马来西亚人民绿色联盟
18) Anak Muda Sarawak (AMS) 砂拉越青年之子
19) All Womens Action Society (AWAM) 妇女行动协会
20) Partners in Community Organising (Pacos Trust) 沙巴社区伙伴信托组织
21) Persatuan Bekas Siswazah Universiti dan Kolej di China, Malaysia (Liu-Hua) 马来西亚留华同学会
22) Nanyang University Alumni Malaya (Nanda) 马来亚南大校友会
23) Japan Graduates Association, Malaysia (JAGAM) 马来西亚留日同学会
24) Gabungan Persatuan Alumni Universiti Taiwan Malaysia (GPAUTM) 马来西亚留台校友会联合总会
25) Islamic Renaissance Front (IRF) 回教复兴前线组织



                                      


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Gabungan Bertindak Malaysia(GBM)
Plan of Action for Malaysia  (PoAM)
马来西亚行动方略联盟(行动方略联盟)
c/o The KL & Selangor Chinese Assembly Hall (KLSCAH) GBM Secretariat
Phone: 03 2272 3594/012 320 6959    Fax:03 2272 4089
https://www.facebook.com/pages/Gabungan-Bertindak-Malaysia-GBM/163726347067478?fref=ts

Workers at ROHM-Wako Electronics (M) Sdn Bhd vote in favour of union

Workers at ROHM-Wako Electronics (M) Sdn Bhd at No. 1320, Kawasan Perindustrian Fasa 2, 16100 Pengkalan Chepa, Kelantan had their secret ballot on 28/5/2013 and 29/5/2013 to determine whether the workers in that factory wanted to unionize.



Electronic Industry Employees Union Eastern Region Peninsular Malaysia (EIEUER)[KSIEWTSM (Kesatuan Sekerja Industri Elektronik Wilayah Timur Semenanjung Malaysia)] put in a claim for recognition to ROHM-Wako Electronics (M) Sdn Bhd on or about 16/9/2012 but the company refused to accord recognition, and hence the need for a 'secret ballot' to be conducted at the factory to determine whether 50% plus one of the qualified workers in the factory were in favour of the union.

Number of workers qualified to vote was 1,515 but only 960 workers cast their ballot, and the end result was 909 voted in favour of the union, and 51 voted against. That means 60 percent of the workers (i.e. 909/1515) were in favour of the Union.

Many workers who did not come out to vote were possibly by reason of disinterest, fear or even confusion. There were allegation that memorandum issued to shift workers stipulated the date that they were allowed to vote i.e. on just one of the days, be it 28/5/2013 or 29/5/2013. Workers in the shift that were allowed to vote on 28/5/2013 were not allowed to cast their vote on the 2nd date - the reason is beyond comprehension or logic given that the secret ballot was fixed for 2 days, and as such all workers should have been allowed to come at any day to vote. Allegedly, there was some confusion amongst non-shift workers who allegedly was not covered by the memorandum, they were allegedly only allowed to vote on 28/5/2013 and those who wanted to do so on 29/5/2013. Allegedly, the EIEUER has lodged a complaint about this - be that as it may, the workers and the Union were victorious when they managed to get 60% of workers in favour of the union. 

Why did it take so long for the secret ballot to be conducted, i.e. more than eight(8) months after the claim for recognition was made on or about 16/9/2012? The laws and regulations really need to be amended to ensure, that in the event an employer company refuses to accord recognition, then the secret ballot should be conducted speedily, not more that thirty(30) days from the date the company refuses to accord recognition.

Why do companies not immediately accord recognition to unions, and expedite the enjoyment of the right to a recognized union and collective bargaining agreements? They, who respect worker rights, must accord immediate recognition especially when a Union seeking recognition is able to show that a majority of the workers are already members of the Union. The act of delaying recognition is indicative of an employer that really is not keen to respect the fundamental rights of workers to unionize... [The problem also is that the laws allow employers to evade recognition of a workers' right to a union and collective bargaining agreements..]

The additional hurdle facing workers today is the increasing usage of fixed-duration employment contracts(short-term contracts), many a time these are for 1 year or less. 

Regular employment until retirement was the norm, which provided the necessary security of tenure - which is needed to ensure a certain amount of financial security to the worker and their families. Malaysian government has failed to ensure that all workers in Malaysia, save maybe migrant workers, do enjoy regular employment. Malaysian government has also failed to LIMIT the percentage of workers that an employer can employ using these short-term employment contracts.

So, if an employer employs all its workers using 1 year employment contracts. Given the time taken for a union to be registered, time taken for a registered union to become a recognised union in the factory, and time for it to work out collective bargaining agreement, workers in such companies would never have a trade union. Worse still, the protection accorded to workers unionizing, i.e. protection from being discriminated against and/or terminated by employers who may try to 'kill' the attempt to unionize have been weaken when workers are let go when their employment contracts expire. There is still no protection for workers employed under short-term employment contracts, so much so that there is no right of continued employment even if the work the worker was doing continues to exist. Employer can simply employ a NEW worker to do the work. 

In Malaysia, workers in  the electronic industry have long been denied the right to a national union.On 27 May 2009, the Cabinet decided that only unions at regional level would be allowed, unlike the national unions for the other industries. The Western Regional Union (covering Kuala Lumpur, Selangor and Perak) was registered on 1 December 2009 , the Southern Regional Union (Johor, Malacca and Negri Sembilan) on 11 March 2010 , the Northern Region (Penang, Kedah and Perlis) on 31 March 2010 and the Eastern Regional Union (Kelantan, Terengganu and Pahang) on 23 August 2010.