Sabahan Yong Vui Kong appeal - Judgment Reserved

SINGAPORE - Latest News and film on Al Jazeera about Yong Vui Kong, ADPAN News Bulletin


1. SINGAPORE - Yong Vui Kong  - Give Yong a Second Chance!

AL Jazeera - has put out an excellent film in support of Yong.  This film (Lianainfilms) shows how the support and campaigning is still building to save Yong's life. It shows what his family is doing, the extraordinary lengths that his lawyer and ADPAN member M. Ravi is going to ensure he is not executed,   the collection of 109,000 signatures, how over 10,000 supporters are now on Facebook and the Give Yong a Second Chance Campaign.

Latest News:
On 17 January the Court of Appeal heard Yong Vui Kong’s appeal to stay his execution on the grounds that he had been denied a fair clemency process.  M. Ravi argued that the process of clemency, which was denied by the President last December, had been prejudiced by public statements made  earlier in the year by the Minister of Justice in favour of his execution. The Court of Appeal  reserved judgment  which means that the decision could be delivered any time and Yong  executed  if the appeal is rejected.

The Malaysia Foreign Minister has previously intervened to ask the President of Singapore to spare Yong's  life.

Please  also take a look at the film, the birthday wishes put out by Lynn from Lianainfilms. Place on your websites and distribute the appeal (see below).  
http://www.lianainfilms.net/2011/01/yongs-story.html

http://savevuikong.blogspot.com/2011/01/happy-birthday-yong-vui-kong.html

http://2ndchance4yong.wordpress.com/

See also earlier posts: 

Fight to save the life of 23 yr old Sabahan Vui Kong & for the abolition of the death penalty

Malaysia should save Yong like it managed to save Umi Azlim (and maybe others) from the death penalty

 

Domestic Workers :- A frank analysis will see the problem lies with the BN Government

The inability to get domestic workers in Malaysia is becoming a problem, and many are complaining about it...

The problem has been caused by the Malaysian government, that UMNO-led BN government that have kept wages of Malaysians low for so many years, so much so that now both husband and wife have to go find a job just to survive....and hence, the need to get help at home to do housework, look after kids and elderly parents, dependents..

Wages and income of Malaysians should have been so much more higher, whereby there should have no need to both spouses to have to go to work to survive. Keeping wage low was a strategy employed by the BN government to make Malaysia attractive to the foreign investor - but then, of late, especially in the past 10 years plus the Government has not been able to keep the cost of living low. Cost of living still rises - and with the new Goods & Services Tax, even the Astro Bill has gone up. Government is also hurriedly removing subsidies, and price of basic items are also rising...  The cost of Summons is also up - now RM300 for a speeding offence, and they are issuing summons left right and centre... [I just got a traffic summons for traveling at 90 KM/h...and, of course that summons came many weeks after the event by post - and, I do not even have a fair opportunity to dispute it for how do you remember - better if the summons was issued on the spot]

In line with the policy of keeping wages low, Malaysia also do not have a Minimum Wage law in place... [India had Minimum Wage laws since 1940s...]

Developing Rich in Resources Malaysia should have resulted long ago in Malaysians enjoying a higher standard of living - but no....in fact, it is sad to be told that Billions have just disappeared... [See also earlier post that shows the facts about growing inequality in Malaysia...CAP : Resolve widening income disparity gap now]

When wages are just too low, more and more Malaysians will choose just to live a simple life - happy to survive. It was this cultural trait of Malays that forced the British to bring in workers for their Plantations, Tin Mines, etc... and like the British, the BN government rather than improving on wages and working conditions also chose the easy way out of getting workers from other poorer countries who were willing to work for these lower wages...

Like Malaysian workers, migrant workers also still being exploited...and we have to fight for justice for all workers...

If wages and  income of Malaysians are not increased, it will be difficult for Malaysian households to pay higher wages to their employees, the domestic workers...

Most effected will be the poor and the middle-incomed families...

The government must, for the time being, reduce the cost of living - and for that we still need the subsidies in place. Taxation must also be reviewed, and we need to go for increased taxation of those who have higher incomes - the higher the income, the greater the percentage of taxes that one should be forced to pay...GST negates this principle and imposes taxes on all persons - the more you spend the more you pay...and this is very detrimental to the poor for suddenly cost of living has just gone up again..., and there is no increase in income...

Malaysian government, rather than pointing the finger of blame at themselves, happily blames others - and now the finger of blame is being pointed at migrant workers, and the government of their countries of origin...

Justice demands change in policy and practice - maybe even a change in government...BUT even new governments will be saddled by the mistakes already done by the UMNO-led BN government over the past 50 plus years...

Tens of thousands of Malaysian households have been thrown into domestic chaos as a shortage of maids hits the country with a long-standing addiction to cheap foreign labour.

Nearly two million foreigners, mostly from Indonesia, are registered to work in Malaysian homes, shops, factories and plantations, and many more are undocumented, making Malaysia one of Asia's biggest importers of labour.

Maids from Indonesia, who toil for as little as RM400 a month, have no laws governing their working conditions and a spate of shocking abuse cases prompted Jakarta to declare a ban on new arrivals in June 2009.

In an attempt to stem the mistreatment of domestic workers who have been raped, scalded with boiling water and branded with hot irons, the two governments opened negotiations for a formal labour agreement.

However, the talks have stumbled over Indonesia's demand for a minimum wage, prolonging the ban and causing serious inconvenience for families left without a helper - some 35,000 households according to an industry figure.

"I am struggling without a maid," said Maz, a mother of three who is considering quitting her job as a purchasing officer to take care of the household and her children aged between one and five.

Since becoming a working mum, Maz has had two Indonesian maids who stayed with the family until their two-year contracts ended, but when the last departed in September 2010 there was no one to replace her.

"I have to send my kids to nursery and babysitters now. All the household chores also fall on me after my work, I'm losing quality time to be with the kids so that is why I'm thinking of quitting my job," she said.

"I've tried to get a weekend maid to come in just to do the chores, but even that is very difficult now due to this maid shortage."

The problem may seem remote for countries where live-in help is a rare luxury, but in Malaysia, where there are few childcare centres and elderly relatives are often cared for in the home, it has become a crisis.

Not enough to meet demand

The Malaysian Association of Foreign Maid Agencies says the number of foreign maids in Malaysia has dropped from about 300,000 before the ban to 170,000 at present.

 

It says the shortage has seen a drastic decline from the 3,500 maids who arrived monthly in 2009 to 1,000 currently, leaving 35,000 families on waiting lists.

Agencies have attempted to source new maids from Cambodia and the Philippines, but there are not enough to meet demand.

The government has rejected a request to lower the minimum age requirement for domestic workers from Cambodia from 21 to 18 years, to allow in more women from the impoverished country, who are typically paid RM600 a month.

"We have tried to source from other countries but there is no supply at all," the association's vice-president Foo Yong Hooi told AFP, adding it was the worst shortage seen in his 10 years in the industry.

"It will affect the productivity of our country because career women will need to take leave to attend to their children and the worst scenario is that those who are desperate will resort to hiring illegal maids," he warned.

Malaysia to blame

Labour rights groups said however that Malaysia only has itself to blame because the lack of legal protection, low wages and the continuing abuse cases have led foreign maids to shun the country.

"It is very clear that the shortage is caused by the way that we are treating our domestic workers. We put them in a condition of slavery," said Irene Fernandez (right) from migrant workers' group Tenaganita.

"It is time for the minimum wage. Malaysians can no longer believe that they can continue to hire a worker in a very cheap and exploitative situation, that perception must disappear," she said.

"If they want to hire domestic workers, they must be prepared to pay decent wages and ensure their rights are protected."

Following the 2009 ban, Malaysia agreed to give Indonesian maids one day off a week and allow them to hold on to their passports - which had been routinely confiscated by employers intent on preventing "runaways".

But the talks have stumbled over Indonesia's request for a minimum wage of RM800. By comparison, domestic workers in Hong Kong receive at least US$460 (RM1,400) a month.

Malaysia's government is uneasy about having so many foreign workers in the country, and Human Resources Minister S Subramaniam would give no deadline for a conclusion to the prolonged talks.

"The consultation is still ongoing. We hope we can resolve it as early as we can with terms that the two countries can agree to," he told AFP.

"Except for Indonesia, other doors are open. It is a matter of whether the maid agencies are able to bring in those people," the minister said, adding "there is no easy solution".

- AFP -Malaysiakini, 25/1/2011, Maid crunch hits Malaysian households

Did 'torture' speed up death by reason of stomach ulcer?

The cause of death is stomach ulcer - it must have erupted and stomach fluids flowed to other parts of the body and possibly damaged organs, etc resulting in death.

But the question that need be asked was whether torture could have accelerated the death....A pimple, if pressure is applied, can erupt. Would pressure to the stomach in the form of being punched, kicked, etc - also bring about an early eruption of stomach ulcers/peptic ulcers causing death...

Would the condition of detention bring about an early rupture of a stomach ulcer? After all stress, injury are all causes of stomach ulcer...

Was the deprivation of food at the correct time a reason for this...

What is rate of death by reason of stomach ulcers in Malaysia? What is the rate of death by reason of stomach ulcers whilst in police custody? What is the rate of death by reason of stomach ulcer while in prison?

In the case of Veerasamy, who died in Ampang Police Lock-Up, the reason was again a rupture of an ulcer....and guess what, he was taken to hospital before that for stomach....gastric pains...and they had the equipment in the hospital to do a gastroscopy - which will have most likely than not identified that there was an ulcer...that was in danger of erupting....and treatment could have been given...In the worse case scenario, there is also surgery that could have been done. But the doctor gave some medicine and send him off....and it ruptured, he died...

Maybe, it should be made a standard procedure that all persons arrested and detained by police should be send for gastroscopy t0 if there are any 'ulcers' that is near eruption ...

Torture - well, techniques have been developed as to how to torture without leaving any clear marks, etc...and as such, it can be difficult to find evidence after some time lapse... [The torture could have resulted in getting the 'ulcer' closer to eruption...or even started to leak....and then later it just erupted - and person died..]

So, end result died by reason of stomach ulcer.... BUT was that death expedited by 'torture'???

The preliminary report of the second autopsy on electrician M Krishnan, who died in police custody on Jan 7, has concurred with a previous autopsy result which said the deceased succumbed to stomach ulcer related illnesses.

Lawyer acting for Krishnan's family Gurmit Singh Hullon said that his clients does not accept the outcome of the second autopsy.

“We are not happy with the result and we do not accept this findings because it is the opposite of the evidence. Krishnan was assaulted, beaten and left to die without medical attention for five days,” he said.

The second autopsy was performed at the Universiti Malaya Medical Centre (UMMC) by pathologist Dr K Mathiharen. This procedure was requested after the family because they did not accept the first autopsy result.

Krishnan's wife P Revathi, 37, told reporters that she does not accept the latest autopsy results and is adamant that her husband died due to police assault.

“I will fight this in court no matter how long it takes me. I will wait for the first and and second official post-mortem results,” she said, while fighting to hold back her tears.

“We had two eye-witnesses who saw everything and there are photographs of his bruises.” - Malaysiakini, 25/1/2011, Krishnan's family cannot accept 2nd autopsy results

Burmese migrant workers: caught between a tyrant and a tiger (Guardian, 24/1/2011) - Sinometal(5)

 

 

Burmese migrant workers: caught between a tyrant and a tiger

Malaysia's economic boom has been driven by the exploitation of cheap migrant labour, from Burma and Thailand. Underpaid and with no rights, this is their story

Malaysia's economic boom has been fuelled by cheap foreign labour. Photograph: Saeed Khan/AFP/Getty Images 

They were not illegal, nor criminals, not protesting nor agitating. For 900 Malaysian ringgits (around $290) a month they had travelled, through a broker, to the southern Malaysian town of Johor. There to bend the metal, mould the bars and solder the nuts that will bolt together the terrific rise in Asia's economies.

However the 35 Burmese workers found that, after two months, instead of the promised amount, they were to receive 640 a month, with no overtime pay, as promised.

So the workers organised, led by five individuals. They initially complained to their employers.

The employers immediately called the police, all 35 were detained on 12 January. No charges were brought, and 30 were released that day.

"Whenever workers do actually complain to their employers or against [them], employers tend to discriminate against them or even terminate [their contracts]," says pioneering Malaysian human rights lawyer, Charles Hector.

Before any legal rationale could be brought, or advocates or government bodies mobilised, the five leaders were whisked away to the airport for deportation, because, as Hector notes, "the employer wins by default if they are deported", they cannot compete in a labour dispute, and migrant workers are not allowed to be members of a union or stay in Malaysia without employment.

Out of the five leaders who complained, three have been forced back to Burma despite signing a three-year contract, two, however are missing.

Malaysia's growing "tiger economy", is driven by a workforce of around 20% migrant labour, with an estimated 500,000 from Burma, many of them illegal, taking their place at the bottom of Malaysia's semi-apartheid ethnic mix.

With GDP per capita hard to record in Burma, the IMF estimated in January 2009 that it was around $250. This compares with the IMF's 2010 estimate for Malaysia of $7,775.

Despite a constitution and laws pertaining to universal rights in Malaysia, law enforcement and other political precedence places migrant workers at immediate disadvantage. All companies in Malaysia that hire foreign labour are required to pay a levy. This is very often deducted from workers' pay, even though the practice was made illegal in April 2009.

Tun Tun, head of Burma Campaign Malaysia, notes that the overwhelming ethos is for employers to take responsibility for their workers as opposed to the workers having rights as individuals. He points out that when you arrive in Malaysia as a tourist, you need no visa and can rapidly leave the airport. However, migrant workers have to wait for their employer to pick them up and take them, in custodial fashion, to wherever they please.

Not all Burmese are just economic migrants. Many of those who eke out a living between the concrete apartment buildings and highways of Kuala Lumpur have fled political oppression in their homeland.

Kyaw Hsan was jailed in Burma at the age of 15. His "crime" was distributing pamphlets about democracy, with news and information that circumvented Burma's draconian military censors. He would leave pamphlets on the roof of a bus, so as it drove through the streets of Rangoon they would flutter down, as innocently as freshly falling rain. He was picked up outside a meeting of Aung San Suu Kyi's National League for Democracy on 16 September 2000.

His confinement was marked with weeks of torture, including night-long beatings by teams of guards. This was followed, in 2003, by periods of up to 32 days chained to a wet floor with dozens of other prisoners for protesting the rearrest of Aung San Suu Kyi.

He contracted tuberculosis, which quarantined him for a further year after his release from Rangoon's colonial-era Insein jail.

Beyond the scars marking his body, and despite his affable nature, the psychological toll is unmistakable. At the time of writing, a combination of dislocation, alcohol and the breakdown of a relationship had led to angry outbursts, which saw him lose his job as a waiter.

In exile

The isolation is palpable in divided Kuala Lumpur. On a busy rush hour Kyaw Hsan intervenes to protect a young Burmese who has been set upon by up to a dozen Malays. They beat him and take his phone, but he mistrusts the police so much that a foreign escort to the station to report it is deemed necessary.

Ko Harun, meanwhile, has weathered exile for longer. He fled his native Burma because of thediscrimination faced by the Rohingya minority. The Rohingya, he estimates along with many observers, are the most oppressed minority in Burma; despite having been in the country for about 1,000 years, they are denied citizenship rights.

Since he left Burma he has been arrested four times in Thailand and five times in Malaysia. In Thailand he says he was caged up with gang members who would violently steal his rations.

He has been "sold" to traffickers by Thai officials, after being handed over by Malaysian authorities. He was lucky enough to be able to borrow the fee to remove himself from bondage.

Conditions in Malaysian jails are horrendous, causing what the Malaysian press call riots but are actually hunger strikes or peaceful protests, complaining about the overcrowding, the constant outbreaks of leptospirosis, a disease caused spread through urine-contaminated water, or simply the length of detention.

The two missing worker leaders have not been heard from. Like an estimated 190,000 other Burmese in Malaysia, they are at the mercy of a divided, hungry nation.

• Joseph Allchin is a journalist with the exiled Burmese news network the Democratic Voice of Burma.

Source: guardian.co.uk, 24/1/2011, Burmese migrant workers: caught between a tyrant and a tiger

See also earlier posts:-

Sinometal Case Update(3): 27 Workers Win, 3 send back to Burma, 5 still missing...

Sinometal Case Update(2): 2 Migrant Workers escape employer's attempts to send them back to Burma

Sinometal Case Update: 5 Migrant Workers being send to KLIA possibly to be send back to Burma

35 migrant workers arrested in Senai, Johor when they try to claim their rights from employer

About Sinometal (4) :- Migrants missing after rights case (DVB, 19/1/2011)

Maybe, Selangor should have had a Referendum first before bringing the matter to the State Legislative Assembly...

When it comes to governing of a State, the power lies with the Menteri Besar and it is he that chooses his Exco/Cabinet, and of it is he who must choose the State Secretary, the State Legal Advisor....and maybe also have the power in changing the various Heads of State Departments, etc .... [What does he do with the existing heads of departments, ...well he may transfer them - reassign their duties, etc... for surely the MB will want people who will listen to him and put his policies into effect..He would not want a person (who is a pro-BN person) sitting in such positions who will create obstacles in implementation of policies...]. Of course, some MBs and/or PMs may find that the sitting head of departments, etc is a professional that they can work with and as such they may be retained - but from time to time, some 'chopping' may be needed....

We do not want the Pakatan Rakyat blaming the failure of the Selangor government on the fact that the BN cripples their efforts through the actions/ommissions of BN people sitting as State Secretary, State Legal Advisors... {Remember, the same thing may happen to BN - if and when take over the Federal Government, and BN governs a few States....}

Really, it may be time to re-look the State-Federal powers.... 

Maybe, it is time to look at States get a portion of income tax - maybe a certain % of the taxes paid by persons/companies in the particular State. Maybe a formula need to be worked out...

Before all these changes be put in place - I believe that the people need be consulted, and this should be done by a REFERENDUM....

In the case of Selangor, the questions that should be put to the people of Selangor directly...

a) Should the power to decide and appoint the State Secretary vest in the hands of the Menteri Besar of the State?

b) Should the power to decide and appoint the State Legal Advisor vest in the hands of the Menteri Besar of the State?

Let us do it ....let it be the people that decide....not the 'politicians' who always seem to vote in a particular manner because they are the opposition...or the government - they do not vote because of certain reasons - they do not exercise the individual minds to reason and decide... So, let the people decide...hold a REFERENDUM.

Now, I hope the Pakatan Rakyat do not come around and say that they cannot do so because of some law...

Be brave, have a referendum and let the people have their say...in this matter that really affects the people of Selangor...

BN's 'Guidelines for Muslims Celebrating Religious Festivals of Non-Muslims' is inconsistent with 1Malaysia

Well, this what the UMNO-led BN government is telling Muslims in Malaysia when they want to attend celebrations of Non-Muslims - and it clearly lacks the spirit of being Malaysian, which is one of respect of the other's culture and religion.

The BN government cannot turn around and say that it is JAKIM not the BN government, not the UMNO-MCA-MIC-GERAKAN and others BN government. But, this would not be true as he Department of Islamic Development Malaysia (JAKIM) is a government department

On 1^st January 1997, in line with the country’s steadfast Islamic development and progress, the Department of Islamic Development Malaysia (JAKIM) was established by the Government of Malaysia - JAKIM Website

And, guess what JAKIM has got Guidelines for Muslims Celebrating Religious Festivals of Non-Muslims, and there are elements in there ...

For a christian celebration , then there should not be crosses, lights, candles, Christmas trees, singing of religious songs, ....to deliver speech or gestures in the form of a praise to the non-Muslim religion, to bow or conduct acts of honour to the religious ceremony of non-Muslims.

For Hindus, possibly there must be no lights,... put any religious markings on the forehead, or other ... 

I believe that according to JAKIM (or the BN Government Guidelines), Muslims cannot attend any wedding, funeral or any religious ceremonies/functions/parties of non-Muslims. I wonder why this government that talks about 1Malaysia is really trying to divide Muslims and Non-Muslims in Malaysia...and this is certainly not the Malaysia I want. 

 

As Malaysians, we respect one another... and our attendance at weddings, funerals, functions, parties are out of respect and solidarity - 

If the kind of attitude propagated by JAKIM (and the BN government) is accepted and adopted by other Malaysians - then there be no non-Muslims also attending any function where there is some 'doa', etc. If you go to a Christian organized party/function, more likely than not there will be a short prayer of thanksgiving before the meal...In fact in any Malaysian function, of ordinary people, there will be some prayer of thanks and blessings...

I wonder what the MCA, MIC, GERAKAN and the other non-Muslim parties are doing in the BN. If they do not have a say on the policy and practice of the BN, then they must leave....If not, Malaysians should take that they do agree to all this.

The recent issue of the dierectives to remove crosses, not singing Christmas songs etc at the Christian Federation of Malaysia's(CFM) as a pre-condition for our Prime Minister to attend...may all be true after all, noting that this JAKIM's Guideline have been in existence since 2005.

Najib, do you want 1Malaysia or is it just a slogan - for your actions seem to suggest that you desire to 'divide' Malaysians. Note, this JAKIM is under the Prime Minister's Department. 

Guidelines For Muslims Celebrating Religious Festivals Of Non-Muslims

The 68th muzakarah of the National Fatwa Committee for Islamic Religious Affairs on April 12, 2005  discussed the Guidelines For Muslims Celebrating Religious Festivals Of Non-Muslims. The muzakarah has decided that:

In determining the non-Muslim celebrations that can be attended by Muslims, several main criteria should serve as guidelines so as not to contradict the teachings of Islam. The criteria are as follows:

1. The event is not accompanied by ceremonies that are against the Islamic faith (aqidah).

The meaning of “against the Islamic faith (aqidah)” is a thing, act, word or situation which if conducted will lead to tarnishing the faith (aqidah) of Muslims. 

For example:

1. to include religious symbols such as the cross, installing lights, candles, Christmas tree and so forth;
2. to sing religious songs;
3. to put any religious markings on the forehead, or other markings onto parts of the body;
4. to deliver speech or gestures in the form of a praise to the non-Muslim religion;
5. to bow or conduct acts of honour to the religious ceremony of non-Muslims.

 

2. The event is not accompanied by acts against the Islamic law.

The meaning of “against the Islamic law” is a thing, act, word or situation which if conducted will contradict the Islamic teachings practised by the Muslim community.

For example:

1. Wearing red costumes like Santa Claus or other garments that reflect religion;
2. Serving intoxicating food or beverages and the likes;
3. Having sounds or ornaments like church bells, Christmas tree, temple or breaking of coconuts;
4. Having ceremonies with elements of gaming, worship, cult, superstitions and the likes.

 

3. The event is not accompanied by “acts that contradict with moral and cultural development of Muslim society” in this country.

The meaning of “acts that contradict with moral and cultural development of Muslim society” is a thing, act, word or situation which if conducted will contradict the values and norms of the Muslim society of this country which adheres to the Islamic teachings based on Ahlus Sunnah Wal-Jamaah.

 

For example:

1. Mixing freely without any limit or manners;
2. Wearing conspicuous clothing;
3. Singing songs that contain lyrics of obscenity and worship;
4. Organising programmes such as beauty pageants, cock fighting and such.

 

4. The event is not accompanied by acts that can “stir the sensitivity of Muslim community”.

The meaning of “stir the sensitivity of Muslim community” is a thing, act, word or situation which if conducted will offend the feelings of Muslims about their beliefs and practices.

 

For Example:

1. Speeches or songs in the form of non-Muslim religious propaganda;
2. Speeches that insult the Muslims;
3. Speeches that insult Islam;
4. Presentations with the aim to ridicule the religious belief of Muslims.

 

5. The organisers and the public are asked to get the views of religious authorities before organising or attending celebrations of non-Muslims.

• Hits : 141 - JAKIM Website, Guidelines For Muslims Celebrating Religious Festivals Of Non-Muslims

See also earlier posts:-

Prime Minister, not special assistant, should take responsibility, clarify and apologize...

There was prayers, gospel reading, hymns, etc ...at the Christmas function that PM Najib attended

If the PM did ask for removal of crucifixes, no prayer and songs for Christmas gathering, then....

What is left to render unto Caesar when everything belongs to God...

Free Malaysia Today - ‘Compel employers to pay for health insurance’ (21/1/2011)

 

 

 

 

 

‘Compel employers to pay for health insurance’

G Vinod | January 21, 2011 

A coalition of 58 NGOs slam the government's move to make migrant workers pay for health scheme. 

PETALING JAYA: Employers of migrant workers should be the ones contributing to the foreign workers’ hospitalisation and surgical insurance scheme instead of the workers.

“It is appalling that the Malaysian government is asking the 1.5 million migrant workers, and not their employers, to pay for insurance,” a coalition of 58 NGOs said in a press statement.

On Jan 7, Health Minister Liow Tiong Lai said that migrant workers would be made to subscribe to the newly-launched insurance scheme as coverage for work-related injuries or death.

While employers of plantation workers and housemaids are required to pay for the insurance policies, other foreign employees must pay for it themselves.

Liow said that the government would not renew the permits of migrant workers if they did not subscribe to the insurance and settle their outstanding medical bills.

Spokespersons for the NGOs, Charles Hector and Pranom Somwong, said that no foreign workers should be made to pay for their medical treatment.

“These foreigners are required to get a clean bill of health before being given a work permit to be employed in Malaysia. Therefore, the employers should be paying for their medical treatement.

They poured scorn on Liow’s statement.

“The Workmen’s Compensation Regulations 1953 clearly states that public funds would be used to pay for workers’ medical expenses should they seek treatment at a public health facility.

“Since the minister was referring to government hospitals, what outstanding bills is he talking about?” they asked.

‘Liow is naïve’

The activists said the workmen’s regulations also needed a review as the amount stipulated for medical coverage for foreign workers was out of touch with current healthcare rates.

“The regulation caps employers’ contribution for surgery at RM300. However, operation charges can vary between RM50 and RM3,000 depending on the type of surgery.”

He also called Liow “naïve” for insisting that migrant workers produce their passports to the hospital authorities before seeking treatment.

“In most cases, employers or their agents illegally hold on to the passports. Sometimes, the passports are held by immigration authorities or other agencies,” said Hector.

The activists said it was only proper that the hospitals gave priority to the individual’s health instead of nitpicking on documentation and paperwork.

“Do not let the absence of a document and money be the cause of death or the loss of a limb of a migrant worker in Malaysia,” said Hector.

Among the 58 NGOs making the call were Aliran, Malaysian Trades Union Congress (MTUC), Suara Rakyat Malaysia (Suaram), Sarawak Dayak Iban Association, Centre for Orang Asli Concerns (COAC), Mekong Migration Network (MMN), Migrant Care of Indonesia, Migrant Health Association of Korea and Asia Pacific Forum on Women, Law and Development (APWLD).

See also earlier post:-

58 Groups : Employers must pay all medical cost of workers especially when it is a work-related accident or an occupational disease.

58 Groups:- Employers must pay all medical cost of workers especially when it is a work-related accident or an occupational disease.

Media Statement – 20/1/2011

Employers must pay all medical cost of workers especially when it is a work-related accident or an occupational disease.

We, the undersigned 58 organizations, groups and networks are appalled that the Malaysian Government is now asking about 1.5 million migrant workers themselves, and not their employers, to buy a new Foreign Workers Hospitalisation and Surgical Insurance. If these migrant workers do not do so, the Malaysian government is threatening not to renew their work permits. The Malaysian Health Minister, Datuk Seri Liow Tiong Lai, also stated that the worker’s work permits will not be renewed if there are outstanding hospital bills. [Bernama, 7/1/2011, Foreign Workers with Insurance May Enter Hospital without Deposit]

What is worrying is that workers should never be required to pay for their treatment and necessary healthcare especially if the reason treatment is sought is a work-related or industrial accident, or some occupation-related disease.

With regard to migrant workers in Malaysia, who are required to get a clean bill of health before they enter Malaysia, and before they are given a work permit, it is only right for employers to be liable to pay for all treatment and medical charges if they do get sick in Malaysia. Further, it is generally the employer that determines where these workers must stay and work.

In Malaysia, whilst the social security of local workers are covered by the Social Security Act, migrant workers are covered by the lesser Workmen’s Compensation Act 1952, which unlike the former do not provide for continuous regular support and assistance until death for a worker who is a victim of an industrial accident or occupational disease. The Workmen’s Compensation Act, on the other hand, only provides for a one-off payment to the victim and/or their dependents where death has resulted from the injury/disease, that is a lump sum equal to sixty months' earnings or RM18,000, whichever is the less.

It is good that the Workmen's Compensation (Foreign Workers' Compensation Scheme) (Insurance) Order 1998, extended coverage to personal injury (and death) that is sustained in an accident which occurs outside the working hours of the workman. Given this fact, there only needs to be a minimum extension of coverage to cover any remaining matters that will require treatment, hospitalization and/or surgery, and this could be done quite easily by amending the relevant Act and/or broadening the scope of the current insurance that employers already do have to buy for their foreign workers.

Malaysian Health Minister, Datuk Seri Liow Tiong Lai, was reported saying that this new insurance was to ensure that foreign workers’ medical bills in public hospitals, which to date total RM18mil, will not be a burden to the Government. (Star, 26/11/2010, Compulsory medical insurance policies for foreign workers from next year). However, this cannot be right as there should not be any outstanding migrant worker medical bills at all.

Under the Workmen’s Compensation Act, the employer is clearly liable to pay for the conveyance to the hospital, treatment, ward charges, medicines and other expenses incurred in the treatment and rehabilitation of such workmen (sec.15).  The employer is clearly liable to pay directly to the management of such hospital all fees and charges, and as such one wonders what unpaid medical bills the Minister is talking.

Further, attention also should be drawn to Workmen's Compensation Regulations 1953, in particular Regulation 18, which deals with the issue of excess fees, “A workman admitted either to an approved or a special hospital shall, where such hospital is a private hospital, himself be liable to pay the amounts of any fees or costs incurred on his behalf in excess of the maximum amounts prescribed by the Minister of Health under section 15 (3) of the Act, and, where such hospital is a government hospital, such excess amounts shall be paid from public funds.” Since, the Minister is talking about government hospitals, there is certainly no way that there exist outstanding medical bills when it comes to migrant workers.

The Malaysian pro-employer government has proceeded to further protect employers of migrant workers by limiting the maximum amount fees and cost that is payable by an employer under the Workmen’s Compensation Act. As of 1^st March 2007 (PU (A) 077/2007), this maximum liability of an employer for ward charges, including surgical ward treatment fee is RM300, for operation fees it is RM250, for X-Ray Fees it is RM100 and for other electric therapeutic charges it is RM100.

The rates stipulated are outrageously low given the fact that government hospitals and clinics charge migrant workers first class rates, and the lowest deposit for a migrant worker who needs to be warded is RM400, and if it was a surgical case, it is RM800-00. Operation charges can range from RM50 to RM3,000 depending on the type of operation. Ultrasound cost RM100. Radiology charges range from RM50-RM600. Lab charges range from RM5 to RM100 depending on the type of tests, and usually there will be quite a lot of tests needed.

But, even when the government does limit the amount that the employer is liable to pay, the excess as stipulated in Regulation 18 of the Workmen's Compensation Regulations 1953 is paid from public funds, and as such there really is no logical reason why there can ever be outstanding debt. It is really hoped that in Malaysia, the government does not expect the migrant worker to come up with the money themselves before the necessary treatment and/or surgery is done. Employers should make all the necessary payments immediately, and should thereafter do the needful to claim whatever excess payment from the public fund.

The Health Minister is naïve to insist that the migrant worker only need to provide their passport before treatment is given, as in most cases the employers and/or the agent do wrongly hold on to the passports of migrant workers. Sometimes, the passports are with immigration authorities and/or some other authorities. Hence, in the name of justice, all necessary treatment must be immediately provided to migrant workers on their arrival and registration, without insistence on the production of passport and/or payment of any large deposit. Let not the absence of a document and money be the cause of death or the loss of limbs of a migrant worker in Malaysia.

It is also very wrong to threaten to penalize the migrant worker with non-renewal of work permit, when any punishments in law should rightly be against the employer and should not in any way jeopardize the rights and the well being of migrant workers already in Malaysia.

We, the undersigned groups, hereby:-

a) Call on the Malaysian Government to ensure that all employers of migrant workers, not just those that employ domestic workers and in the plantation sector, be liable to pay for this new Foreign Workers Hospitalisation and Surgical Insurance;

b) Call on the Malaysian government to ensure that no worker would be made liable to pay for the conveyance to hospital, treatment, ward charges, medicines and other expenses following a work-related accident and/or for some occupational disease.

c) Call on the Malaysian government to repeal Maximum Amounts for Fees and Costs (PU (A) 077/2007), and ensure that employers of migrant workers be liable to pay reasonable amounts consistent with the rates imposed by the government for medical care and treatment of migrant workers at government hospitals.

d)  Urge the Malaysian government to review and remove the differential rates being charged for Malaysians and other foreigners, especially migrant workers, at government hospitals and healthcare facilities.

e)   Urge the Malaysian government to review the policy of ‘No Treatment until Production of Passport and payment of deposits”, and ensure that all who needs medical treatment and care are immediately given the said required care that will prevent loss of life and/or limbs.

Charles Hector

Pranom Somwong

For and on behalf of the following 58 organizations

Aliran

Archdiocesan Human Development Commission (AHDC)

Asia Pacific Forum on Women , law and Development ( APWLD )

Asian Migrant Centre(AMC)

Asian Migrants Coordinating Body in HK (AMCB)

Association for Community Development-ACD, Bangladesh

Association of Indonesian Migrant Workers in HK (ATKI-HK)

Building and Wood Workers’ International Asia Pacific Regional Office (BWI-APRO)

Burma Campaign Malaysia

Cambodian Defenders Project (CDP), Cambodia

Cambodian Human Rights and Development Association (ADHOC)

Cambodian League for the Promotion and Defense of Human Rights (LICADHO)

CCC  Netherlands

Center for Orang Asli Concerns (COAC), Malaysia

Civil Right committee, Kuala Lumpur & Selangor Chinese Assembly Hall

Committee of Asian Women, CAW

Democratic Party for New Society (DPNS), Burma

Health Equity Initiatives

Hsinchu Catholic Diocese Migrants and Immigrants Service Center (HMISC), Taiwan

IMA Research Foundation, Bangladesh

INFID, Indonesia

Johor Textile and Garment Workers Union

Judicial System Monitoring Program (JSMP), Timor Leste

Labour Behind the Label, United Kingdom

Lawyers for Human Rights & Legal Aid, Pakistan

Legal Support for Children and Women(LSCW), Cambodia

MADPET - Malaysians against Death Penalty and Torture

Malaysian Trades Union Congress (MTUC)

Manggagawang Kababaihan Mithi ay Paglaya (MAKALAYA), Philippines

MAP Foundation, Thailand

Mekong Migration Network (MMN)

Metal Industry Employees’ Union, Malaysia

Migrant Care, Indonesia

Migrant Health Association, Korea

Migrante International

Migrants Rights Council, India,

Myanmar Youth Knowledge Initiative

Network of Action for Migrants in Malaysia (NAMM)

NGOs in Myanmar Web Portal

PACOS Trust

Penang Office for Human Development (POHD)

Persatuan Kesedaran Komuniti Selangor (Empower)

Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS)

Pusat Komas

Sarawak Dayak Iban Assocoation

Solidaritas Perempuan (Women's Solidarity for Human Rights), Indonesia

Suara Rakyat Malaysia (SUARAM), Malaysia

Thai Committee for Refugees (TCR)

Think Centre, Singapore

Transient Workers Count Too (TWC2), Singapore

UNI Global Union-Malaysia

United Indonesians Against Overcharging (PILAR)

Verite Southeast Asia

Vietnam Committee on Human Rights, France

WARBE Development Foundation-Bangladesh

WIRDA (Women Institute for Research Development and Advancement)

Women's Legal and Human Rights Bureau, Inc. (WLB), Philippines

Workers Hub for Change (WH4C)

About Sinometal (4) :- Migrants missing after rights case (DVB, 19/1/2011)

Khun Hla Myint Oo, one of the migrants released after being detained following complaints over salary (Burma Campaign Malaysia)

Migrants missing after rights case

By JOSEPH ALLCHIN

Published: 19 January 2011

Three Burmese migrant workers in Malaysia have been deported and an additional two have gone missing after requesting that their employers uphold contractual obligations over payment.

Thirty-five Burmese in total had been detained last week in Johor in southern Malaysia after complaining that the owners of the Sinometal Technology Company had paid them only 640 Malaysian Ringit ($US210) per month instead of the 900 Ringit ($US295) agreed when they signed the three-month contract. They also complained that they were not receiving overtime pay which had also been promised.

Thirty were subsequently released, but the three deported were deemed to be ringleaders of the group.

“On 12 January the employer made a fake report to the police and the police arrived at the hostel,” says Tun Tun from the Burma Campaign Malaysia (BCM). The police detained all 35 workers at around 10.30am but released the 30 at around 6:45pm, telling BCM that the other five were “under investigation”.

According to Pranom Somwong of the Network of Action for Migrants in Malaysia (NAMM), however, “they immediately sent five of the workers’ leaders to the airport, and tried to send them back to Burma”.

No legal charges against the workers were made clear to either advocates or the workers. Human rights lawyer Charles Hector, who advocates for migrant workers in Malaysia, says: “Honestly speaking, the police should not have got themselves involved in this situation where there was no protest and there was no criminal offence happening. This was a labour matter, but police are used by employers to harass migrant workers – this is common practice.”

The case is another indictment of strained labour relations in Malaysia, around 30 percent of whose workforce is made up of migrant workers. Tun Tun tells DVB that Malaysia is thus “a pro-employer country”.

The Kuala Lumpur-based Burma Workers’ Rights Protection Committee estimates there are about 500,000 registered and unregistered migrants from Burma in Malaysia. As of May 2009, the UN Refugee Agency (UNHCR) said it had registered 50,000 people of concern from Burma, including refugees and asylum-seekers. Amnesty International claims there are a total of around 2.2 million legal migrants in Malaysia.

Hector believes the incident was aimed at “making the migrants believe that they can’t do anything against the employer”.

Access to the law in Malaysia is widely identified as a problem for Burmese migrant workers, meaning they are more liable to be abused by their employers. Tun Tun adds that the 35 did not speak Bahasa, the local language, and little English. As a result the BCM publishes the laws in Burmese in a newsletter called the Thuria Malaysia.

The 30 who were released returned to their hostel but found it locked and were unable to enter, forcing them to spend the night on the streets.

Through the intervention of groups such as the Malaysian Human Rights Commission, NAMM and the BCM, the country’s labour office became involved and was able to regain the jobs of at least 27 of the 35. As well as the fate of the deported three, concern abounds about the whereabouts of the two leaders whom no one has heard from. - Democratic Voice of Burma, 19/1/2011, Migrants missing after rights case

See also earlier posts:-

Sinometal Case Update(3): 27 Workers Win, 3 send back to Burma, 5 still missing...

Sinometal Case Update(2): 2 Migrant Workers escape employer's attempts to send them back to Burma

Sinometal Case Update: 5 Migrant Workers being send to KLIA possibly to be send back to Burma

35 migrant workers arrested in Senai, Johor when they try to claim their rights from employer