IPCMC good BUT do not abolish EAIC (needed for other enforcement officers)?

#Statement was reported in English by Free Malaysia today and Malaysiakini, and in Bahasa Malaysia by Malaysiakini. All reports are found below.

Media Statement – 12/8/2019

EAIC must be retained for other enforcement officers, other than police

IPCMC Bill seeks to abolish EAIC

MADPET(Malaysians Against Death Penalty and Torture) is appalled by the decision of the Pakatan Harapan led government to abolish the Enforcement Agency Integrity Commission(EAIC) vide the new proposed Independent Police Complaints of Misconduct Commission 2019 Bill. 

Section 51 of the new Bill states, ‘ The  Enforcement  Agency  Integrity  Commission  Act  2009  [Act  700]  (the  “repealed  Act”)  is  repealed  and  the  Enforcement  Agency  Integrity  Commission  (the  “dissolved  Commission”)  is  dissolved.’

Whilst the future new Independent Police Complaints of Misconduct Commission (IPCMC) would be dealing with complaints about police officers, the EAIC is currently dealing with complaints about almost all other enforcement agencies officers including the Immigration Department, Ministry of Housing and Local Government, Labour Department, Industrial Relations Department, Department of Occupational Safety and Health, Road Transport Department and Department of Environment.  A perusal of the statistics of complaints received indicate that complaints were received concerning many other agencies other than the police.

The recent toxic pollution incident in Pasir Gudang, and subsequent events indicates the failings of many of these enforcement agencies, who seem to have failed to do their work efficiently, and only seem to start acting after the failure in enforcement has resulted in catastrophe including deaths in some cases. 

It was shocking when so many illegal factories are discovered after the Paris Gudang incident, and how so many summons for violation of law were issued to factories after the incident. This is an indication of failure of responsible enforcement agencies, even after Pakatan Harapan formed the government in May 2018.

There was the case where 2 workers died, where the ‘…Selangor Health Director Datuk Dr Khalid Ibrahim in a statement said that the confirmed number of factory workers exposed to the ammonia gas was 27 people, including the two who were killed.’  An inspection by the Shah Alam City Council (MBSA) at the ice factory in Section 36 here, where ammonia gas had leaked earlier today, found that the premises had a license to carry out ice processing activities, but was not permitted to store hazardous materials. -Ice factory had no licence to store hazardous materials: MBSA (The Sun Daily, 13/8/2018). This again is a failure of the Local Council, Department of Occupational Safety and Health under the Ministry of Human Resources and maybe others. 

There have also been many other allegations concerning failings of Ministry of Human Resources enforcement officers, and likewise the Department of Environment.

As such, MADPET is of the position that the EAIC is very much still needed, and its powers should also be extended to prosecution. 

The scope of agencies covered by the EAIC should also be extended, including to maybe cover also the Malaysian Anti-Corruption Commission (MACC), the Prison Department and even the Election Commission.

The fundamental problem with the efficiency of the EAIC, and soon the IPCMC is the lack of public awareness. 

The second problem is a question of confidence, being also the question whether there is any use lodging complaints or bringing to the attention of the EAIC, and as such it is important that the public is made aware of the actions taken, including the number of errant officers prosecuted and/or disciplined and for what. This will restore faith and more people will come forward to highlight wrongdoings. Complainants should be kept updated of the outcome of their complaints.

The third issue is the question of public access – there really should be an office of the EAIC, and soon the IPCMC, at all major towns. These commission should also have sufficient staff to carry out the work.

Many of these wrongdoings of enforcement agencies impact negatively on people and their rights, and mere discipline actions like fines, transfers or demotions simply is not justly adequate. It also can impact the environment and health, some of which are irremediable. 

As such, there must not simply be just the removal of such bad apples from civil service, but the public prosecution and trial of all such wrongdoers. This will also serve as a deterrent to others but also improve the image of the administration of justice and government.

As such, even the proposed IPCMC Bill ought to be amended to give the Commission the power to prosecute, and not merely the power to discipline. 

List of names of all officers fined and/or disciplined should also be made public, including nature of the particular wrongdoing.

The EAIC, in the past, did conduct several inquiries, including into death in custody but alas, there seem to be no action taken.

For example, in the death in custody case of Syed Mohd Azlan Syed Mohamed Nur’s who died in 2014, the Enforcement Agency Integrity Commission (EAIC) found that ‘…the use of physical violence by police during arrest and questioning was the cause of death…’ According to the enforcement watchdog, its investigations also found attempts to obscure evidence from the 25-year-old’s interrogation that resulted in 61 separate injuries on various parts of his body.( Malay Mail, 30/10/2015), but alas to date, we have not heard about the prosecution and trial of these police officers that broke the law.

This reminds us about the recent findings in April 2019 of enforced disappearance of Pastor Koh and one Amri Che Mat by SUHAKAM (Malaysia’s Human Rights Commission), and we still see no prosecution. It is already almost 4 months. 

It is a waste of time to have such Commissions, including the EAIC, and then the Attorney General and/or the government fail to act on these findings. That is why all these Commissions, including SUHAKAM, EAIC and the future IPCMC should have prosecution powers. The lack of action by AG and government will only dampen the commitment of such Commissions.

Therefore, MADPET 

-          Calls on the government to retain the EAIC, and as such remove Section 51 from the proposed Independent Police Complaints of Misconduct Commission 2019 Bill that is now before Parliament;

-          Call on the government to amend laws to give the EAIC, SUHAKAM and even the proposed IPCMC prosecution powers; 

-          Call on the government to adopt a stringent policy with regards to public servants, whereby a failure in duty, which also may violate the rights of other/s including bringing about an impact to public health or the environment, and/or that may bring about injustice, shall result in termination and also prosecution and trial in an open court. This include the failure to inform the relevant authorities when senior or fellow officers and/or the Minister breaks the law.

-          Call on the Attorney General and/or the government to immediately prosecute police officers found to have killed and/or tampered with evidence in the cases of Syed Mohd Azlan and others. Let the court determine guilt and innocence. The government should stop protecting public servants and/or Ministers.

Charles Hector

For and on behalf of MADPET (Malaysians Against Death Penalty and Torture)

NGO: EAIC should stay despite planned IPCMC introduction

Published: 11 Aug 2019, 11:23 pm  |  Modified: 11 Aug 2019, 11:23 pm

   

The Enforcement Agency Integrity Commission (EAIC) should not be dissolved when the Independent Police Complaints of Misconduct Commission (IPCMC) comes into force, said human rights group Malaysians Against Death Penalty and Torture (Madpet).

Its coordinator Charles Hector Fernandez said there is still a need for an oversight body for enforcement agencies other than the police force.

"Whilst the future new IPCMC would be dealing with complaints about police officers, the EAIC is currently dealing with complaints about almost all other enforcement agencies officers including the Immigration Department, Housing and Local Government Ministry, Labour Department, Industrial Relations Department, Occupational Safety and Health Department, Road Transport Department and Environment Department .

"A perusal of the statistics of complaints received indicate that complaints were received concerning many other agencies other than the police," he said in a statement today.

Fernandez was referring to the IPCMC Bill 2019, which was tabled in the Dewan Rakyat last month and will be debated in the next sitting in October. 

The bill stipulates that the EAIC would be dissolved with the introduction of the IPCMC, which is a specific oversight body for the police force, and all EAIC assets will be transferred to the IPCMC.

Fernandez noted that there have been many complaints regarding the other agencies under the EAIC and therefore it should be retained and its functions enhanced.

"Madpet is of the position that the EAIC is very much still needed, and its powers should also be extended to prosecution.

"The scope of agencies covered by the EAIC should also be extended, including to maybe cover also the MACC, the Prison Department and even the Election Commission," he said.

The IPCMC was first mooted in 2005 by the Royal Commission to Enhance the Operation and Management of the Royal Malaysian Police, headed by former Chief Justice Mohamed Dzaiddin Abdullah.

A watered-down version in the form of the EAIC, which can investigate and provide recommendations but has no powers to take action against errant enforcement agency officials, was introduced after fierce objections by the police leadership at the time.

However, the police under the leadership of Abdul Hamid Bador (photo) has been more receptive to the oversight body on condition that police welfare is improved.

The IPCMC Bill, if passed, will not only allow the commission to investigate the police force but also take disciplinary action, including dismissal.

Fernandez said while the disciplinary power is new, the IPCMC should also be given prosecution powers.

De facto Law Minister Liew Vui Keong had said that the government is engaging stakeholders on the IPCMC ahead of the debate in Parliament in October and is prepared to consider changes.  - Malaysiakini, 11/8/2019

Retain EAIC to monitor all agencies, says group

FMT Reporters

-

August 11, 2019 11:54 PM

 

 

PETALING JAYA: A group campaigning for the abolition of the death penalty has called for the Enforcement Agency Integrity Commission to be retained instead of being replaced by the Independent Police Complaints and Misconduct Commission.

The group, Malaysians Against Death Penalty and Torture, said the EAIC is still very much needed.

Unlike the IPCMC which only deals with complaints about the police, the EAIC is empowered to deal with complaints about almost all other enforcement agencies, such as the Immigration Department, housing and local government ministry, Labour Department and the Road Transport Department.

The group said that statistics of complaints received showed that many agencies other than the police were the subjects.

It went on to cite the incident of toxic pollution in Pasir Gudang, Johor, and the deaths of two factory workers in Selangor from exposure to ammonia in 2018, which it said indicated the failings of many of government and enforcement agencies.

“The EAIC is very much still needed, and its powers should also be extended to prosecution. The scope of agencies covered by the EAIC should also be extended, including to maybe cover also the Malaysian Anti-Corruption Commission, the Prison Department and even the Election Commission,” it said in a statement.

The group suggested the Bill to set up IPCMC be amended to give the commission the power to prosecute, “and not merely the power to discipline”.

The bill is scheduled to be debated at the next Dewan Rakyat meeting in October.

The group questioned the lack of action taken by the government on enquiries conducted by EAIC in the past, and said all such government commissions, including Suhakam, EAIC and the future IPCMC should have prosecution powers.

“The lack of action by the Attorney-General and the government will only dampen the commitment of such Commissions,” the group said.- FMT, 11/8/2019

EAIC harus kekal lepas IPCMC ditubuhkan, kata NGO

News  |  Diterbitkan 11 Ogs 2019, 11:26 malam  |  Dikemaskini 11 Ogs 2019, 11:26 malam

 

   

Suruhanjaya Integriti Agensi Penguatkuasaan (EAIC) tidak seharusnya dibubarkan apabila Suruhanjaya Bebas Aduan Salah laku (IPCMC) ditubuhkan, kata kumpulan hak asasi manusia terhadap Malaysia Menentang Hukuman Mati dan Penyeksaan (Madpet).

Penyelarasnya Charles Hector Fernandez berkata masih ada keperluan untuk sebuah badan pemantau yang memantau agensi penguat kuasa lain selain pasukan polis.

"Walaupun IPCMC yang akan datang ditubuhkan menangani aduan terhadap anggota polis, EAIC kini menangani aduan terhadap hampir semua agensi penguatkuasaan lain termasuk Jabatan Imigresen, Kementerian Perumahan dan Kerajaan Tempatan, Jabatan Tenaga Kerja, Jabatan Perhubungan Perusahaan, Jabatan Keselamatan dan Kesihatan Pekerjaan, Jabatan Pengangkutan Jalan dan Jabatan Alam Sekitar.

"Satu kajian tentang statistik aduan yang diterima menunjukkan bahawa aduan telah diterima mengenai banyak agensi lain selain polis," katanya dalam satu kenyataan hari ini.

Fernandez merujuk kepada Rang Undang-Undang IPCMC 2019, yang dibentangkan di Dewan Rakyat bulan lepas dan akan dibahaskan pada sesi berikutnya pada Oktober.

Rang undang-undang itu menetapkan bahawa EAIC akan dibubarkan apabila IPCMC ditubuhkan dan semua aset EAIC akan dipindahkan ke IPCMC.

Fernandez berkata terdapat banyak aduan mengenai agensi lain di bawah EAIC maka ia perlu dikekalkan dan fungsinya dipertingkatkan.

"Madpet berpandangan EAIC sangat diperlukan, dan kuasanya juga harus diperluas untuk pendakwaan.

"Skop agensi yang diliputi oleh EAIC juga perlu dilanjutkan, termasuk juga meliputi Suruhanjaya Pencegahan Rasuah Malaysia (SPRM), Jabatan Penjara dan juga Suruhanjaya Pilihan Raya," katanya.

IPCMC mula dicadangkan pada 2005 oleh Suruhanjaya Diraja Bagi Meningkatkan Operasi dan Pengurusan Polis Diraja Malaysia, yang diketuai oleh bekas Ketua Hakim Negara Mohamed Dzaiddin Abdullah.

Bagaimanapun, EAIC, yang boleh menyiasat dan memberi cadangan tetapi tidak mempunyai kuasa untuk mengambil tindakan terhadap pegawai agensi penguat kuasa yang tidak bertanggungjawab, diperkenalkan selepas bantahan keras oleh kepimpinan polis pada masa itu.

Kini, di bawah teraju Ketua Polis Negara Abdul Hamid Bador, polis lebih menerima cadangan penubuhan IPCMC dengan syarat kebajikan anggota polis diperbaiki.

Rang undang-undang IPCMC, jika diluluskan, tidak hanya membenarkan suruhanjaya untuk menyiasat pasukan polis tetapi juga mengambil tindakan tatatertib, termasuk pemecatan.

Fernandez berkata walaupun kuasa mengambil tindakan disiplin itu baru, IPCMC juga perlu diberi kuasa pendakwaan.

Menteri di Jabatan Perdana Menteri Liew Vui Keong sebelum ini berkata bahawa kerajaan sedang melibatkan pihak berkepentingan berhubung IPCMC menjelang perdebatan di parlimen pada Oktober.- Malaysiakini BM , 11/8/2019

Kit Siang heckled - A growing disappointment against the Pakatan Harapan government?

Malaysians came out in numbers during the last Elections in May 2018 to remove the UMNO-led coalition(then Barisan Nasional), who had been the government since independence in 1957.They chose the Opposition coalition, the Pakatan Harapan - despite the fact that this coalition was made up of BERSATU(a party led by the Dr Mahathir, a former UMNO Prime Minister who was 'despised' by many for his iron-handed ways that curbed fundamental human rights and freedoms), and the Amanah(a PAS-break away party)

DAP was the most influential party in this coalition, and it had the support of many across race and religion, because it had a very long history of highlighting wrongdoings and fighting for justice and human rights without fear or favour. Its leaders were even willing to go to prison, as happened to Lim Guan Eng, and also ended up victims under Detention Without Trial laws such as Kit Siang, Karpal Singh,...

 

PKR was of course there, and it was hopeful because of it multi-racial membership, and it had amongst itself some key leaders who have championed issues like death in custody, the death penalty, freedom of assembly, freedom of speech, environmental issues(like Lynas), etc..But sadly, that party did not receive much support...due to maybe its leadership style and its primary focus being the 'well being' of Anwar Ibrahim...Many leaders in that party as they began to get popular were got-rid off or sidelined...Chandra Muzzafar, Zainur Zakaria, Zaid Ibrahim, Khalid, Ezam, Surendran, ...and it has remained under the leadership of Anwar, his wife, his daughter...Between elections, branch membership seems to decline and sadly there was a lack of local programs...

 

Anyway, the Pakatan Harapan came into power...and there were many promises about reforms and change...repeal of bad laws...getting rid of Lynas...democracy...restoration of freedoms including freedom of assembly...association...removing restriction on university and college students' freedoms...GLC reforms...structural reforms...accountability and transparency...in short CHANGE ('TUKAR')...but then, after coming into power...there has been PROCRASTINATIONS...and change in positions(the latest being the possible U-turn on Lynas...)...

 

True, there has been immediate investigations into financial malpractices of the previous government ...we saw the charging of Najib and many others on all kinds of allegations...but then there is no real changes...Laws and rules are not being tightened..

New government did not do away with political appointments...just started appointing 'their' people - even before adjusting the high salaries/allowances..or even creating reforms like annual audits by the Auditor General that will be made public of GLCs...and debated in Parliament..

So, the heads of kampungs/tamans/new villages/orang asli villages continue to be appointed by the government > not democratically chosen and elected by the people?

Local Council Elections - a major issue that DAP and PKR were fighting for...previously when BN ruled, their 'excuse' was that it could not be done before the Federal law was amended - now in power for more than a year, and still no attempt to amend that law and restore Local Council Elections ...now, some in PH seems to prefer to keep 'political appointment' rather than elections...

 

Electoral Reforms - well, when PH candidates win in by-elections, allegations of breaches, over-spending, using of government resources...all seem to 'ignored'...Parliamentary boundaries are also not being re-drawn to ensure that each constituency have more or less equal voters... We know that 2-weeks campaigning period is just too short - and it makes it difficult for Malaysians overseas to return their ballot papers...it should be extended to at least 1 month...but look at campaign periods after PH came into power and appointed a new EC Chief and EC Commissioners?

 

UEC - well, the recognition never happened...UEC is a MAJOR ACHIEVEMENT of civil society in Malaysia, they created a new education standard which is now recognized by many universities overseas as an entry requirement. {Most other standards like the A-level, SPM/STPM,...are government efforts...not non-government organizations.. Recognizing UEC was a simple small step...and it was important especially for the poor in Malaysia who simply could not afford to send their kids overseas to study...

Then, we have the U-Turn on Lynas - No license renewal unless the waste is removed from Malaysia - seem to now be changing to OK but must have a permanent disposal facility? It changed from sending Lynas away from Malaysia...

 

The list goes on...

Then, now the introduction of 'khat' - and art form of Arabic writing...just like Chinese caligraphy? Studying additional language is an asset to Malaysian students as it increases possibilities of further studies, work opportunities including the better chances of securing employment opportunities where knowledge of different language is an asset. Additional language also increases the advantage for business...So, if arabic was introduced, it may make better sense...In fact Malaysian students in primary schools should be taught Mandarin(spoken by about 2 billion), Hindi/Urdu)[spoken by about 2 billion], Spanish...etc > But khat, and art form? Malaysians had a good grasp of English - but today. it is in decline...How do workers even talk to employers, many of them do not speak Malay...? The Malaysian education system needs much reforms...and I may discuss this later... Wonder whether this 'khat issue' was to divert attention from the Lynas U-turn?

SOSMA not repealed yet... Detention Without Trial laws still there... Freedom of Assembly (a foolish amendment reducing the number of days notice is given to police - meaning still police has the power to control an exercise of this 'Human Right'....

 

Labour Reforms - well, still talk...no Bills being tabled - Why? Only Bill was about Minimum Housing Standards - but it makes workers pay for it, and the rent deducted from wages...? And only for the worker not their families? -  Worker's Housing Amendment - to help workers or Employers/Accomodation Providers? Not Free No Family?

Dissatisfaction in Pakatan Harapan is increasing with time...and most affected will be support for DAP... because the once advocate for justice and human rights ...seems to have lost its voice and commitment? Yes. they are in government - but even those MPs who are not in Cabinet have gone silent...including Kit Siang...

 

Will Pakatan Harapan move forward and bring about the changes that the people want? Failing which..

Has Lim Kit Siang also changed?

Kit Siang heckled in own constituency over khat issue 

Nation
Saturday, 10 Aug 2019 10:09 AM MYT

PETALING JAYA: DAP adviser Lim Kit Siang was seen heckled by the public over the khat issue during a Hungry Ghost Festival event in his constituency on Friday (Aug 9).

In two videos circulating on social media, Lim, who is the Iskandar Puteri MP, can be seen being shouted and booed at by the public.

In the first video, a man is heard shouting at Lim, "Are you still lying" while Lim is giving a speech.

Following this, the crowd starts to jeer at him.

In the second video, another man questions Lim but does not get a response as Lim just continues with his speech.

Online portal Malaysiakini reported that the function's organiser had claimed that Lim was booed at by locals as they were not happy over the khat issue.

The report also stated that Lim did not leave the event later over the jeering, but because he needed to attend another function.- Star, 10/8/2019

Angered by khat issue, Kit Siang's Johor constituents heckle him

Published: 10 Aug 2019, 12:08 am  |  Modified: 10 Aug 2019, 12:08 am

   

The khat issue continues to haunt DAP with even veteran leader Lim Kit Siang coming in for some rough treatment at a "Hungry Ghost Festival" event at his Iskandar Puteri constituency in Johor.

According to an organiser of the event, Lim was at the receiving end of some heckles and jeers from the crowd which numbered a few hundred.

Ng Siam Luang, special constituency representative to Lim Kit Siang said that in the course of his speech, the DAP MP decided to take the opportunity to explain the khat issue to the audience.

Based on brief video clips of the event, this did not go down well with members of the audience shouting "You still want to lie" and other such phrases to him.

"They also asked why the UEC qualification has not been recognised," Ng said adding that Lim's appearance had been a last-minute surprise.

Asked if Lim was booed, she answered "You know, the festival has always been a bit chaotic. Some of them took alcohol. There were people shouting and I feel some took the opportunity to spice up the issue."

The function's organiser, who asked not to be named, however, said that it happened, "[...] because local people are not happy about the issue of the proposed introduction of the khat script (into Bahasa Malaysia textbooks for Year 4 students in vernacular schools)."

"The mood on the ground over this issue is anger and there were also some MCA people there."

However, he emphasised that it was not a major incident and that Lim didn't leave the event because of it.

"He finished his speech and left because he had another function to attend, that's all," said the organiser who said he felt sorry that Lim had to experience being heckled.

Ng added that Lim will have a press conference tomorrow morning in Iskandar Puteri. - Malaysiakini, 10/8/2019

Worker's probation 3 months, High Court judges on 'probation' for 2-5 years? Appoint High Court judges - no more 'on probation'..

Judges on 'probation' was a practice that started after the 1988 Judicial Crisis - in 1990, they introduced the Judicial Commissioners.

Probation for workers are normally about 3 months, but for High Court judges, it can go on for even 5 years.

He referred to the case of High Court judge Vazeer Alam Mydin Meera who was promoted to the High Court only in early 2015, after being on probation for nearly five years.

He was responding to news that seven JCs would be elevated as High Court judges today after being on probation for more than three and a half years.

High Court Judges should be immediately appointed as High Court judges.

Now, we all know that the Prime Minister is the one with the power of choosing judges as the King appoints on the PM's advice...

So, is this 'probation' during which they are now called 'Judicial Commissioners', really meant to see whether these are the kind of judges the present government(or the PM likes) likes - Is it to ensure that only those who may be 'pro-government' or are open to suggestions from the government are appointed High Court judges? 

Would 'Judicial Commissioners' be absolutely FREE to make judgments/decisions as Judges...or will some consider whether their decisions may jeopardise their speedy appointment? Why are some Judicial Commissioners made Judges before 2 years...and others maybe after 5 years? 

“…At least five Judicial Commissioners (JCs) were not elevated to High Court Judges over the last five years because they failed to meet the criteria of the Judicial Appointments Commission (JAC).Chief Justice Arifin Zakaria, who is also JAC chairman, declined to offer more specific reasons why the judges on probation failed to make High Court judge….Arifin said the JAC met once a month to evaluate the JCs who were on probation for two years.’ (FMT News, 27/3/2017).

The time has come to abolish Judicial Commissioners - and appoint them immediately qualified persons as High Court Judges..

We do not have probation for Inspector General of Police, MACC Chief, EC Chief - so why for High Court Judges.. 

Remember that a Judicial Commissioner now has the same powers as a High Court Judge... but his/hers independence is not guaranteed by security of tenure. So, it may be possible that until they be appointed High Court judges, they may 'judge' in a way that will not jeopardize their appointment as High Court Judges. Although, this may not be the case and all Judicial Commissioners act independently and justly with no consideration whatsoever whether their decisions will impact on whether they will or not be appointed Judges...or whether they will speedily be appointed Judges or their appointment will be delayed for years...

The above are possibilities - but it will affect the public perception of the Malaysian Judiciary, in my opinion.

As such, maybe time to abolish Judicial Commissioners and straight away appoint High Court Judges, that will have all the safeguard including security of tenure until the mandatory retirement age.

 

Don’t put potential High Court judges on probation, Sri Ram urges JAC

V Anbalagan

August 8, 2019 2:05 PM

PETALING JAYA: A retired judge has urged the Judicial Appointments Commission (JAC) to appoint senior lawyers as judicial commissioners (JCs) to clear outstanding cases.

They can return to practice upon completing their tasks, says Gopal Sri Ram.

He said the current practice of appointing JCs from among lawyers and those in the judicial and legal service and placing them on probation does not augur well for the judiciary.

“Judges are not law clerks to be put on probation before being elevated. They must enjoy security of tenure to decide cases without fear or favour,” he told FMT.

He was responding to news that seven JCs would be elevated as High Court judges today after being on probation for more than three and a half years.

Sri Ram, who was the first judge to be promoted directly to the Court of Appeal in 1994, said the trial period was too long.

He said many had forgotten that JCs were originally appointed to dispose of a huge number of cases and would return to practice after completing their task.

Gopal Sri Ram.

He said an amendment to the constitution in 1976 vested power in the then-lord president to appoint JCs to clear the backlog.

Among those appointed to carry out the task then were Raja Aziz Addruse, Chan Hua Eng, S Jeyadeva, Abdullah A Rahman and RTS Khoo.

Sri Ram said the system was brought to a halt but that the appointment of JCs on a trial basis began in the early 1990s with the goal of elevating them as High Court judges.

He referred to the case of High Court judge Vazeer Alam Mydin Meera who was promoted to the High Court only in early 2015, after being on probation for nearly five years.

“He was fiercely independent and paid the price because he ruled against the then-attorney-general in a civil suit,” he said.

Sri Ram said the opposite could also happen where JCs decide on cases for the establishment in the hope of getting confirmed as soon as possible.

Former Malaysian Bar president Ragunath Kesavan said the maximum probation period for JCs should be two years as declared by former chief justice Richard Malanjum before he retired in April.

“However, the present chief justice, Tengku Maimun Tuan Mat, who is also the JAC chairman, must inform the public whether the trial period remains or is shortened,” he said.He also said JAC must be more transparent in revealing the criteria for appointments.

“One JC never went to court as that person was merely a corporate research officer in a legal firm,” he said.

He also called for a balance of JCs appointed from among lawyers and those coming from the service.

“At the moment, the numbers from the service are overwhelming and could affect the quality of justice,” he said. - FMT News, 8/8/2019

Anwar - What does he say about Lynas? Kit Siang and other MPs? No viewpoints or position?

Well, after the U-Turn as mentioned by Prime Minister Mahathir about Lynas waste, one wonders what is the position of Anwar Ibrahim or any of the other Members of Parliament of Pakatan Harapan...

No viewpoints...no opinions...no stand taken? 

Those in the Cabinet, the Cabinet chosen by the Prime Minister, may not want to express a position contrary to what the Prime Minister says ...for maybe, this was a decision made by Cabinet...and maybe they are agreed that Cabinet members will not say anything but support the Cabinet's decision - Was it a majority decision? Was it unanimous? Or was it a Prime Minister's decision and all Cabinet members have no say or no vote...

But wait, remember Nazri Aziz, the Minister in the former BN Cabinet - did it not come out and state publicly that he was for the abolition of the death penalty - He clarified that this was his PERSONAL position - not the Cabinet or government position. That is kind of Cabinet members we want - persons with positions of their own - who bravely will let the world know...are there no such MPs anymore...? 

Anwar Ibrahim - well, he is not in the Cabinet...he is a government Backbencher...and that means he is FREE to express his own personal view on the matter...What about Kit Siang...and all the other MPs ...to date, only maybe 2 MPs have voiced some form of opposition?

Does Anwar care about anything else other than becoming next Prime Minister...and maybe now securing his position and popularity in PKR? That is the impression we get reading the media...

Has he come out taking a different position on anything that Mahathir and/or his Cabinet said or did? No viewpoints and/or positions of his own?

Is that the problem with Malaysia's Members of Parliament? Are they all simply 'YES MEN OR WOMEN' - no opinions and viewpoints other than what is expressed by their Prime Minister..or party leader? 

END SECRETS when it come to voting in Parliament - let the people know which MP voted for what? MPs should vote according personal positions - not simply vote according to what party leaders....

HOW MUCH DOES MALAYSIA OR MALAYSIANS GET FROM LYNAS BEING IN MALAYSIA?

Lynas is a primarily Australian Company - so, really how much money does Malaysia make by Lynas factory in Malaysia? 

Do we get a share of the profits - I do not think so

Maybe, we get something from import-export taxes > so, how much is that per year?

Maybe, we get some money through wages and bonus earned by Malaysian workers (so, how many Malaysian workers really...how many migrant workers?

Maybe, we get money for electricity, water, utilities, licences...

ON, THE OTHER HAND - is the possible IMPACT to the environment, health, farming, river/seas...and the impact is very LONG TERM if the waste is allowed to be stored in Malaysia permanently...

I wonder what Anwar will say if Lynas was in Port Dickson? What will Azmin say if Lynas was in Gombak?  ...Now, the risk is highest in Pahang and Trengganu...Maybe, some in government just do not care if their own constituency or State may not be affected...

MP Fuziah of Kuantan's recent attempts to justify is PATHETIC - she implies that it is Japan's pressure since it's companies are the main customers of Lynas - Well, then Lynas can move to Japan and open the factory, can't they? - But alas, Japanese are maybe 'smarter' than Malaysians...they may not want the factory there...Maybe same reason why the factory is not in Australia(or even Trengganu) but in Pahang...

To suggest that everytime Malaysia borrows - then Japan has 'power' over Malaysia is absurd - I do not believe Japan will do that...(If they are, then PM must tell us...). Japanese companies can always get what they need from other companies ...

Kuantan MP Fuziah Salleh says Malaysia is in a jam over the Lynas issue as the main beneficiary of the processed rare earths is Japan, which has provided financing for the government in the form of Samurai Bonds....

In an open letter on the Lynas issue, Fuziah, a vocal critic of the plant in Gebeng, Kuantan, blamed the previous government’ for the borrowing from Japan, and for running up too many debts.

“I would like to state that Japan is the sole beneficiary of rare earth elements from Lynas. Would investors in Japan remain quiet if Lynas is unable to supply them?”

She said, such a situation would cripple Japanese downstream industries which depended on rare earth elements....- FMT, 4/8/2019

See earlier post:- 

Lynas - No more send back waste to Australia - now OK if PERMANENT disposal facility? Earthquake, Sabotage, Wear and Tear?

The Lynas con

Opinion  |  S Thayaparan

Published: 5 Aug 2019, 7:01 am  |  Modified: 5 Aug 2019, 7:01 am

   

COMMENT | It would be a great loss to Malaysia if misguided people prevent us from extracting and using the high clean electrical capacities of rare earth. Just as the lithium ion batteries in the cellular phones is not harmful even when we carry them everywhere in our pockets and put them to our ears, the mining and extracting of rare earth from Malaysian earth will not harm us in any way. – Mahathir Mohamad, 2012. 

It does not matter what your position is on the Lynas issue. What matters is the fact that the Harapan government’s u-turn on Lynas makes the anti-Lynas activists look like a bunch of dodgy environmentalist who duped the then Harapan base with propaganda.

Keep in mind the dodgy environmentalists were supported by mendacious politicians who jumped on the bandwagon sloganeering and making promises that shutting down Lynas would save Malaysia.

Back in 2012 at an anti-Lynas rally in Penang , the then Penang Chief Minister led a chant of, “Henti Lynas, Selamatkan Malaysia' (Stop Lynas, Save Malaysia). Anwar Ibrahim, now PM designate, claimed that if the then Pakatan Rakyat won Putrajaya, they would cancel the Lynas project and defend all environmental and heritage issues.

This was seven years ago. Since then the anti-Lynas rhetoric leading up to the historic May 9 win became more intense. Lynas was portrayed as an existential threat to Malaysia. Commentary around the issue hit the usual Harapan talking points. The talking points revolved around, corruption, an uncaring government and that the Umno regime was intent on committing crimes environmental and otherwise on Malaysian citizens.

While Harapan’s manifesto may have been silent on the issue, is this an excuse for allowing Lynas to continue its operations – even if such a decision is “kicking the can down the road” – instead of keeping promises made by politicians on the run up to May 9, which was supposed to not only save Malaysia but save lives?

Wong Tack (above), whose appeal was that he was more activist than politician, rode on the anti-Lynas wave and become part of a coalition that overthrew the Najib regime. The Lynas issue, which for so long we were told was an existential threat to Malaysia, became a symbol of the radioactive nature of Umno politics that seemed to be on the verge of being settled.

The government’s backtracking on this particular issue is appalling. Before the historic May 9th win, politicians from Harapan portrayed this issue as one of life and death. The propaganda coming out from the then Harapan opposition painted the Umno regime as culpable for all sorts of imagined crimes if the “radioactive” Lynas by-products infected the citizens of Malaysia.

Now we are told that even though the situation is less than ideal, it is preferable to the status quo. Preferable to the status quo? Before the election, stopping Lynas meant saving lives. What changed?

DAP Youth deputy chief Chiong Yoke Kong is on the ball when he demands that the minutes of the cabinet meeting be made public and the stand of each cabinet minister on this issue be revealed. 

Malaysians have a right to know, which cabinet member does not want to save Malaysia, or was just playing Harapan supporters for fools when he or she claimed that stopping Lynas meant saving lives and saving Malaysia.

The cynic in me wonders if DAP youth already knows the answer to their query and are confident that what is revealed would cause them no fallout, but why question political motives for transparency when it comes to this issue?

It gets even more curious when you consider the comments of Deputy Minister in the Prime Minister's Department Fuziah Salleh who somehow finds a way to blame former BN ministers for being "deceived" by Lynas but loses the courage to name these ministers.

How long is Harapan going to blame the BN regime for their backtracking and policy failures? The real question is how come these former BN political operatives have more influence in the Harapan government than Harapan political operatives?

And doesn't this demonstrate the utter failure of Harapan political operatives in containing the influence of former Umno/BN members who we were told would be controlled when Harapan claimed the throne of Putrajaya. 

Meanwhile, Wong Tack, wonders if there are dark secrets about the Lynas deal that people don’t know off. Well, yes, there very well could be some dark deals or maybe it is just business as usual for this government. What this government has done is make Wong Tack the poster child of the boy who cried wolf.

Wong said, “As the rakyat of Malaysia Baru, the people deserve to know the reasons if we are forced to swallow Lynas' toxic radioactive wastes and subject our children to so many risks,” which brings up a valid point.

Before the historic May 9th win, Harapan accused the Najib regime of allowing the citizens of Malaysia to be exposed to hazardous materials for profit. This appeal to emotion was the most virulent kind of anti-Lynas propaganda that implied that the Najib regime was so uncaring, so corrupt that the regime was willing to sell Tanah Melayu and poison children for profit.

The question of Wong Tack’s resignation is a legitimate one. I think Wong Tack should resign and run as an independent, if he believes that there are dark, secrets behind this deal and believes what he said of Lynas before the election.

After all, if he continues in his role as a politician for Harapan, he would just be carrying on the lies of a government that claimed that the Lynas issue was one of life and death for the good people of Kuantan.

Unless, that view was complete bunkum? Unless all the pre-election rhetoric demonizing Lynas and its supporters were part of a propaganda campaign against the Najib regime, and Harapan had no intention of shutting down Lynas. This explains the earlier views of the current grand poohbah.

Alternatively, maybe Harapan politicians knew that Lynas was not an existential threat to Malaysia and as such, Lynas should be allowed to continue because profit trumps whatever expectations Harapan supporters have of their elected reps. This makes the backtracking worse because in the Harapan dominated social media; pro-Lynas advocates were shouted down and portrayed as stooges for Lynas and the Najib regime.

Pro-Lynas advocates have argued that numerous false claims were made against the company and that there was a concerted effort to spin evidence and facts against the company.

Meanwhile, Harapan politicians used Lynas to gin up a base which not only gorged on the 1MDB fiasco, but who had no problem believing that the Najib regime would endanger the lives of children with radioactive waste for profit.

When Energy, Science, Technology, Environment and Climate Change Minister Yeo Bee Yin says that “The Cabinet has taken note of various viewpoints on this issue, and some people have varying views. Therefore, this is the decision that has been reached” is complete horse manure.

I get that there could be varying views on this issue, but what is important is the views of the Harapan government that, before their electoral win, claimed that by shutting down Lynas this would save lives and Malaysia. _ Malaysiakini, 5/8/2019

In other words, you said, you own it.

 

 

 

Lynas - No more send back waste to Australia - now OK if PERMANENT disposal facility? Earthquake, Sabotage, Wear and Tear?

Lynas - Disappointing that Malaysia seems to be backtracking from the position 'No renewal of license unless rare earth waste is removed from Malaysia? Now, it seems no more insisting that the waste be removed from Malaysia - and all that is required is not a TEMPORARY but a PERMANENT disposal facility. So, Malaysians will have to live with the RISK forever...maybe even after Lynas closes its factory in Malaysia and moves away?

Permanent Disposal Facility - well, we know that that there is nothing that is permanent...Even houses start springing up leaks after a number of years - little cracks and water always finds its way. There may be no leaks for maybe 5 years or 10 years or even 50 years - but what happens when there is a leak and this rare-earth waste starts seeping into the environment - affecting maybe the environment itself, and in the worse case scenario health risks and death...and maybe at that time the Lynas Company may have already left Malaysia or even be no longer existing. Who will be held responsible ...who will compensate the victims. Will the directors and shareholders be personally responsible...Will the Australian government be personally responsible? Will the Prime Ministers, Ministers and MPs of Pakatan Harapan parties be held personally responsible? 

What other things may pose a risk to such 'PERMANENT' disposal facilities - earthquake, Tsunami, sabotage by 'terrorists', etc ... 

Why Australia do not want to take back the waste? That should send us a 'warning' - after all, Australia can ensure that the waste is return to someplace where the mining occurred. Australia's strong position should be a concern - so should Malaysia keep this 'waste'? 

Will Lynas or where its 'Permanent' Disposal Facility result in declining value of property and houses near it? I, for sure, is not going to buy land or property anywhere near...

Sg Kim Kim toxic pollution -The episode in March this year saw the temporary closure of 111 schools in the Pasir Gudang district....now months later a second episode...

Are we confident with the laws and Malaysian enforcement agencies to ensure that there will be no rare waste impact to environment and health? After all, how did so many 'illegal factories' and breaches of law to ensure occupational health and safety of not just workers but also the surrounding community and environment happen. When an incident like Pasir Gudang happen...suddenly the authorities get to work...

A total of 67 factories were identified as operating without licence in Pasir Gudang, said Johor exco for local government, urban wellbeing and environment Tan Chen Choon...Tan said this was discovered during the integrated operations by various agencies following the recurrence of vomiting and breathing difficulties in the Pasir Gudang area since June 20...Of the 67 factories, eight will be subjected to court action, 46 were given warning notice, three were sealed, and two ordered to close.

How come so many? Have the various enforcement agencies been lazy? Was there corruption? Every year, the local government(Local Council) needs to issue licence for any business to operate? Is it pay the money, you get to operate - with no checking whether all the required permits to ensure health and safety to operate has been complied with .. 

Why did Malaysia change its policy? Corruption? Pressure from more powerful nation states? OR maybe more foreign investment? Is the health of the environment and people of Malaysia, in particular Kuantan and Pahang of so little importance...? Remember, Lynas first went to Trengganu who rejected Lynas - and then Pahang said OK 

While Trengganu said 'No' - Pahang agreed to allow a dangerous rare earth plant in Najib's home state

Putrajaya confirms letting Lynas explore rare-earths waste disposal in Malaysia

Published 2 hours ago on 01 August 2019

BY AZRIL ANNUAR

Prime Minister Tun Mahathir Mohamad speaks during a press conference after a roundtable discussion with international chambers of commerce at the Putrajaya International Convention Centre August 1, 2019. — Picture by Shafwan Zaidon

PUTRAJAYA, Aug 1 — The Pakatan Harapan government has removed the requirement for Lynas Corp to repatriate its rare-earth processing waste as a precondition for its licence renewal, Tun Dr Mahathir Mohamad confirmed today.

Instead, the prime minister said the Australian mining firm was directed to construct a permanent disposal facility (PDF) to treat the water leach purification (WLP) residue that is created from rare-earth processing at its facility in Gebeng, Kuantan.

“We are giving this condition to Lynas that they should have a plan for dealing with the waste. We are waiting for them to tell us how they will do that.

“Whether they can find the place, whether they can dispose the waste or not,” said Dr Mahathir.

Singaporean news outlet The Straits Times first reported that Putrajaya was dropping its demand for 

Lynas to ship its waste back to Australia and will agree to the PDF.

It quoted a source as saying Lynas must pay a RM206 million security deposit to finance the project and approval was dependent on the firm finding a suitable location and obtaining the necessary permits.

Lynas previously insisted that it cannot manage to export 450,000 tonnes of the water leach purification (WLP) residue, a by-product of their refinery operations, by September and offered to build the PDF as a compromise.

The firm agreed to build the facility last year following the recommendation from the executive review committee appointed by the Energy, Science, Technology, Environment and Climate Change Ministry.

However, Minister Yeo Bee Yin then insisted that Lynas must export its waste back to Australia as a prerequisite for Lynas’s licence renewal.

Following approaches by Yeo’s ministry, Australian authorities flatly rejected any possibility of accepting the Lynas waste in their country.

On July 9, Deputy Energy, Science, Technology, Environment and Climate Change Minister Isnaraissah Munirah Majilis told Parliament that they were awaiting further input before deciding on Lynas.

On July 21, 88 NGOs signed a petition urging Putrajaya to discontinue the rare-earth miner’s licence and criticised the government for appearing to favour the Australian mining firm.

Prior to the 14th general election, the rejection of the Lynas rare-earth refinery in Kuantan was among platforms PH had used to garner public support.

This contributed to DAP’s Wong Tack — a strident opponent of Lynas — securing an upset victory over the MCA president at the time, Datuk Seri Liow TIong Lai, in Bentong.

Since then, the coalition has warmed to the idea of rare-earth processing in the country, with the Entrepreneur Development Ministry defending the industry as potentially worth RM100 billion and the Water, Land and Natural Resources Ministry identifying other possible locations for rare-earth mining and development. - Malay Mail, 1/8/2019

Workers must be paid for work done by employers be they undocumented or working in an 'illegal' factory?

A worker must never be cheated of his/her due wages in any situation - more so if the work has already been done.

It was embarrassing that the Labour Court refused to hear the undocumented worker's wage claim. It is applaudable that the High Court  ordered the Labour Court to hear his/her claim for unpaid wages. EMPLOYERS SHOULD BE ALLOWED TO CHEAT WORKERS..

INJUSTICE happens when the High Court took almost 11 months to decide - noting that the Labour Court decision was in August 2018. 

How can migrant workers, especially undocumented migrant workers, survive for so long? An undocumented worker cannot work or stay legally in Malaysia after his/her permit expires...so, it is extremely easy for employers to CHEAT migrant workers and Malaysia sadly allows this exploitation to occur...

Now, the Immigration Department(or Malaysian government) arrest, detain and deport undocumented migrant workers ...without even checking whether their previous employer has paid all their wages and/or other monies owing the worker. Even if the Migrant Worker files a claim at the Labour Department, they are PREJUDICED because after termination and/or expiry of contract, the government makes them UNDOCUMENTED(Illegal) - they cannot anymore be in Malaysia, let alone work and earn income to live while they wait for the normally LONG administration of justice process.

LOCAL Workers working at illegal factories(many have been highlighted after the Pasir Gudang and similar situation) - Would they also be unable to claim for wages and monies owed by their past employers? Factory illegal...so their employment is illegal too - so can they claim wages as a result of ILLEGAL employment.

SOLUTIONS

- Government must enact policy/law that ensures that all workers, irrespective of whether their employment was illegal or whether they were 'undocumented'/illegal migrants..shall always be entitled to claim wages and monies due and payable from their employers. If the company is 'bankrupt', then the owners shall be personally liable.

- Labour Department must speedily deal with such claims especially from migrant workers, or even workers from other States in Malaysia including Sabah and Sarawak; Maybe even free accomodation and board for migrant workers if they are not allowed to work and earn an income until their labour cases are settled(just like in Hong Kong). 

- No deportation of migrant workers until HR Ministry determines that there are no outstanding claims against employers. Malaysia certainly do not want to be seen as a land where migrant workers can be exploited and their rights violated;

- Even if the employer company or business is illegal(as in cases of illegal factories), workers' right to wages and other monies due must be protected and defended.

- Malaysia defines human trafficking to include 'exploitation of workers', and as such protection of worker rights including access to legal mechanisms/courts must be protected.

A worker can so easily be cheated by 'bad' employers - they believe in employer's agreement to pay wages, and they do the work...so, it is an injustice if they are denied right to claim monies owing to them by employers. 

WILL PAKATAN HARAPAN LED GOVERNMENT PROTECT WORKER RIGHTS?

High Court orders Labour Court to hear undocumented worker's wage claim

Alyaa Alhadjri  |  Published: 29 Jul 2019, 5:35 pm  |  Modified: 29 Jul 2019, 7:17 pm

 

   

Shah Alam High Court Judge Azizah Nawawi (above) today ruled that the Labour Court must hear an undocumented worker's case to claim over RM30,000 in unpaid wages.

Nona* (not her real name) had appealed against a Port Klang Labour Court decision last August to dismiss her claim filed against the respondent identified by court documents as Angee Lee.

Azizah, in delivering her ruling, said the Labour Court had acted prematurely to dismiss Nona's claims on the grounds that it does not have jurisdiction to hear a case against an undocumented worker.

"The Labour Court had only considered the issue of whether the appellant (Nona) had a valid working permit.

"I am of the considered opinion that it is premature for the Labour Court to consider the valid permit issue without first ascertaining whether there was any employment relationship between the appellant and respondent," she said.

"If there was no employment, the issue of a valid work permit does not arise at all," she said.

Azizah went on to cite witness statements from both the appellant and respondent which she said indicated "clear dispute of facts" on the status of Nona's employment relationship.

"In conclusion the appeal is allowed with cost of RM5,000.

"The case is remitted back to the Labour Court for hearing," she said.

At this point, the respondent's counsel, K Renuka, informed Azizah that there was a previous agreement reached with Nona's counsels that the witness statements will not be used as evidence as it was never referred to by the Labour Court.

"Instead of redoing a full set of record of appeal, we (respondent) have agreed for our learned friend to highlight this (agreement) to court during case management, and this was done," said Renuka.

Lawyer SP Devi, who appeared for Nona (above), also confirmed that the matter was raised to a previous judge hearing the case.

She further informed Azizah that there was no admission of facts at the Labour Court because it had ruled to dismiss the claim solely on the grounds that Nona did not possess a valid work permit.

After hearing clarifications from both parties, Azizah said she maintained her decision that the Labour Court must hear Nona's claims based on its merits.

Nona was present at the Shah Alam High Court today, accompanied by migrant rights group Tenaganita representative Joseph Paul Maliamauv (below).

When met later, Joseph Paul welcomed the High Court decision that there is a need for undocumented workers to be heard.

"That (right) was denied in the first place," said Joseph, adding that they will proceed to file the necessary orders for Nona's case to heard at the Labour Court.

He, however, noted that more than two years have passed since the claim was first filed, and there will a greater challenge for the Labour Court to prove Nona's employment status.

Nona has sought refuge at Tenaganita's office in Petaling Jaya since mid-2017 after fleeing from her errant employer of four-and-a-half years.

Tenaganita previously said that the total figure filed in the claims was based on their calculations of Nona's unpaid wages, as well as other benefits. - Malaysiakini, 29/7/2019

•  

Labour Court: Undocumented worker has 'no right' to claim wages

Aug 14th, 2018 (Updated Aug 14th, 2018)

Nona* (not her real name) has been waiting for almost a year to claim over RM30,000 in unpaid wages as a domestic helper as well as other benefits.

However, her hopes were dashed today as the Labour Court dismissed her claims.

In a written order sighted by Malaysiakini, Labour director Misswandi Pardy said the claims amounting to RM30,265.32 "shall be rejected and subsequently dismissed as a resolution to this case", citing Section 69 of the Employment Act 1955.

Nona was present at the Labour Office today accompanied by migrant rights group Tenaganita representative Joseph Paul Maliamauv and lawyer S Devi.

It is understood that her employer was absent and represented by a lawyer.

Malaysiakini first met Nona at Tenaganita's office in Petaling Jaya last December where she had sought refuge after fleeing from her errant employer of four-and-a-half years.

With Tenaganita's assistance, a case was filed at the Port Klang Labour Office last October after negotiations with her employer failed.

No rights to file for claims

Joseph (photo) said Misswandi ruled that Nona was an undocumented worker and as such had "no rights" to file for claims at the Labour Court.


"The gist of the ruling is that she cannot file a claim in this court because she is undocumented.

"But that decision overlooks the fact that she has been employed here for over four years," he said.
Joseph, who described the decision as a travesty of justice, added that Tenaganita will file an appeal against the decision.

"Definitely we would be appealing. We are going to fight this to the end," he stressed.

'Decision paves way for further abuses'

Commenting further, Joseph said Nona's status as an undocumented worker should not be grounds to deprive her of her rights to just wages.

"For us, this ruling opens the door for Malaysian employers to continue exploiting undocumented workers.

"What they (employers) can do is, hire undocumented workers, work them to death and then throw them out, as they (workers) are not entitled to claim for their wages," he said.


Joseph also argued that a person's immigration status should not be grounds to negate them of their basic rights.

"For example, if she (Nona) was assaulted or cheated by somebody, does it mean she has no recourse to justice?" he questioned.

Finding solace in shelter

Meanwhile, Nona told Malaysiakini that she has been spending her time at Tenaganita's shelter learning basic sewing skills, as well as attending counselling sessions.

"I don't know if I will get my money," said Nona, who recounted how she had been present at the Labour Office for about seven times since last October.

She said she dreams of how the money could be of great help to her family back in Kupang, East Nusa Tenggara in Indonesia.

"But what if I never get it?" Nona lamented.

While employed, she took on a dual role as a domestic helper and a shop assistant, which is an offence under Malaysia's labour law that only allows a foreign worker to be employed in one sector as approved in their permit.
Nona said her monthly salary was RM550, an amount lower than the RM700 she was promised by an agent before her departure from Indonesia.

She added that to date, she had only been paid RM9,000 in total, which was banked into an account belonging to a family member back home.

Tenaganita said that the total figure filed in the claims was based on their calculations of Nona's unpaid wages as well as other benefits. - Malaysiakini, 14/8/2018