Monday, September 16, 2013

Allocating weath/opportunities amongst ethnic groups not the solution to ensure equitable distribution of wealth amongst persons/families/households in Malaysia

Ethnic group data does not paint a TRUE picture of how wealth/income have been distributed amongst the different individual persons/households within that ethnic group.

There are 100 durians - and A, a Malay, is given 49 and B another Malay is given 1 - and the data will reflect that Malays got 50% of the Durians - but in reality it has not been equitably divided, and A has got 49.

In short giving a small group of Malay/'Bumiputra a lion's share of allocation meant to have the end result of a more equitable distribution of wealth in Malaysia does not achieve what should be the REAL object of a justice loving government - to ensure an equitable distribution of wealth amongst all its people - persons and families/households.

Likewise, to say that this other ethnic group has XXX % of the wealth, for in truth it is just a few in that ethnic group - not all who may have the BIG share of  wealth/resources, and the majority are still poor and in need of assistance..

I say that our national focus must be helping the POOR Malaysians, irrespective of ethnicity, religion or cultural identity.

Distribution of Wealth/Benefits/Opportunities among Malaysians just acrros ethnic lines has failed...and was doomed to fail right from the start - we have to look at helping poor Malaysians and households, and BR1M has already moved in this right directions - and maybe this OPTION FOR THE POOR should continue in this way.

It is only the poor and the marginalised that needs (or deserves) 'Special Treatement' so that they too will one day be able to enjoy a Decent Sustainable Livelihood.

Wednesday, September 11, 2013

18 DRB Hicom dismissed workers and family picket at Prime Minister's Office in Putrajaya






Background
 
On 3/5/2013, a group of 18 workers submitted the MTUC memorandum to one of the contesting candidates in the Pekan parliamentary constituency, which also happens to be the constituency that the Prime Minister of Malaysia was contesting. The 13th General Elections was held on 5/5/2013, and these workers were trying to get commitments for worker demands/rights from the candidates before voting day.

HICOM Automotive Manufacturers (Malaysia) Sdn Bhd, which assembles automobiles for Suzuki, Mercedes-Benz and Volkswagen, has issued show cause letters on  22/5/2013 to 16 workers, and speedily proceeded with the 'Domestic Inquiry' which began on 11/6/2013. ISUZU HICOM Malaysia Sdn Bhd, that assembles automobiles for Isuzu, also issued show cause letters to 2 workers and conducted domestic inquiry.
* The Domestic Inquiry for 16 workers was done in One(1) day, and the  National Union of Transport Equipments & Allied Indutries Workers(NUTEAIW) were not allowed to represent the workers in the DI - only the members at the factories concerned or the 'work site committee of the Union' were allowed to represent these workers. Sadly, NUTEAIW seem to have not challenged this deprivation of the best representation at that time.The collective bargaining agreement is between NUTEAIW and the factory.


19/8/2013 - all 18 workers were terminated

20/8/2013 - National Union of Transport Equipments & Allied Indutries Workers(NUTEAIW), being the Union the said workers belonged to, issued a Media Statement, "Termination action against workers exercising their political rights is abhorred"
 
 

Saturday, September 07, 2013

21 million poor Malaysians in need of government financial aid? Poverty line income should be increased to RM3,000 in line with BR1M

It could be said that Malaysia's BN government inadvertently admitted that Malaysian households earning less than RM3,000, and bachelors(possibly living alone) who earn RM2,000 are poor and in need of government financial aid to survive. It follows that this maybe this should now be the new poverty line income, which determines how many Malaysians are poor.

The BR1M (1Malaysia People's Aid) programme has admitted that households earning RM3,000 or less require direct financial assistance. (Say, that a household is made up of an average of 4 persons, that means the number who were assisted in 2013 is 4.8mil X 4 =  19.2 million)

Bachelors earning less than RM2,000 monthly that were assisted was 2 million.

That makes the estimated total number of Malaysians that needed welfare - in the form of government financial aid is about 21 million, and this is shocking.

Malaysia's total population is about 29 million, and the government by its BR1M exercise has admitted that 21/29 (or about 72%) of Malaysians are 'poor' and in need for direct financial aid by the government to survive. 

This means that all the wealth in Malaysia is not being equitably distributed, and the number of Poor is on the rise.


This year[2012], 4.2 million people benefited from the BR1M payment, involving an allocation of RM2.1 billion. - New Straits Times, 1/1/2013, BR1M 2.0 to start next month
THE payment of the 1Malaysia People's Aid 2.0 (BR1M 2.0) will begin in February, Second Finance Minister Datuk Seri Ahmad Husni Hanadzlah said yesterday. He said in a statement that BR1M 2.0, involving an allocation of RM3 billion, was expected to benefit 4.3 million households and 2.7 million single unmarried individuals aged 21 and above.- New Straits Times, 1/1/2013, BR1M 2.0 to start next month

The government spent RM2.9 billion for the distribution of the second wave of 1Malaysia People's Aid (BR1M 2.0) to some 6.8 million recipients at the beginning of this year, Deputy Finance Minister Datuk Ahmad Maslan said in parliament today.

From the total number of recipients, 4.8 million were those with a household income of less than RM3,000 and two million others were bachelors earning below RM2,000. - New Straits Times, 1/7/2013, Govt spent RM2.9b for BR1M 2.0
And, the government is now planning to increase the amount of aid given to Malaysian poor that require financial assistance in coming years, and this is good. There is also plans to divide the amount given equally between husband and wife..and this also fair.

Ahmad[Deputy Finance Minister Datuk Ahmad Maslan] also said the government would fulfil its promise of increasing the BR1M allocation from RM250 to RM600 for bachelors and RM500 to RM1200 for households, but would do it in stages within five years. "The ministry is also mulling over several other proposals regarding the disbursement of BR1M for households, which includes dividing the amount equally between husband and wife," he added. - New Straits Times, 1/7/2013, Govt spent RM2.9b for BR1M 2.0
Some may say that it is not true that there are so many Malaysian poor in need of financial assistance, but I would disagree for if not, do we want to say that it was purely a 'vote buying exercise' - I think not.

It is good that Malaysian government has at last admitted who really is poor, and in need of immediate financial assistance, and this time the figure is much more reasonable compared to the RM900 minimum wage figure. I say, that we must raise our minimum wage to RM2,000 (or at the very least RM1,500) to be in line with the BR1M figures. The Deputy Finance Minister in Parliament rightly said, ""This has nothing to do with the number of hardcore poor Malaysians,”- but it certainly is reflective of the number of poor in Malaysia. Wonder what is the number of hardcore poor?
BR1M must be made a right - not a discretionary practice. We need a law that guarantees financial assistance for the poor in Malaysia, and the law will provide it, and also provide qualifications for entitlement, methods of application/appeal, means of disbursements, frequency of disbursements, etc 
Giving everyone the same amount also not right. The poorer Malaysians deserve more financial assistance that the less poorer Malaysians - there must be a scale set for the financial aid entitlements.
Dignity - we have consider the dignity of Malaysians as well. The need to apply, the need to go line up and get vouchers in public assemblies(forced to wait for some politician to come and make a speech), the need to then go to banks to cash out vouchers need to change. Monies could be directly banked into bank accounts of these Malaysian poor, or cheques in their name sent to them by post or worse that they go some government department and collect it.
Lump sum payment may also need to be reviewed - maybe it should be staggered quarterly payments, or monthly payments.
Other means to assist Malaysia's poor also need to be considered. Maybe making necessary food items controlled items where the price is set. At least, all Malaysians will then be able to get a staple diet daily. Proposed priced controlled items must be cooking gas, cooking oil, rice, flour, chicken, egg, bread...(some already in the controlled price list but many other basic items like egg, chicken,...is not there.
Review rates for water and electricity for homes - keep it low. Review 'cukai pintu' for human dwellings. 
Fuel subsidy maybe should be given to individual persons private motor-bikes and cars.
We need to do more to end poverty in Malaysia and ensure a more equitable distribution in income...


Thursday, September 05, 2013

Malaysian government failings the reason for still so many undocumented migrants(illegal foreigners)?

Big crackdown on undocumented migrant workers in Malaysia - but what is coming to light is disturbing, i.e. allegations from migrant workers that they have been CHEATED - They believed that they were documented migrant workers, some after the 6P exercise in 2011.{In fact, migrants were still being cheated last year, believing that the legalization was still ongoing}

The Malaysian government should have used public servants (government officials) for the registration and legalization exercise rather that appointing persons/private sector entities to do their work. It is these 'third parties' and maybe also other third parties that pretended to be government appointed/authorized agents who may be at fault. After all, look at the answer they gave in Parliament - it was a private funding initiative - but who was this 'private sector'? Was it the recruitment agencies? Who?Who funded the 6P programme? - Private Funding Initiative (PFI)? So who funded, and why?Happily the government announced that they spend nothing, as no accounts were given as it was a PFI,

Now, on 10/1/2013 the Government of Malaysia clearly stated that the 6P Migrant Registration & Amnesty program, which began in October 2012  was ended today(10/1/2013) - and there will be no extension....but still migrant workers were being called to register - see one such notice in the following blog posting 32,664 undocumented migrants have been whipped after they were found guilty under the Immigration Act 1959/63.

The government should have conducted this themselves using Immigration Officers(in uniform) and official offices - rather than allow private parties to do it. The migrant worker, who naturally is not fluent in Malay/English is so easily cheated and deceived by 'private' parties...Hence, the fault this time in part lies with the government

The direct employment by Employers that have work and need workers, who would then be able to identify clearly the migrant worker before entering into an employment agreement and bringing them to Malaysia is always the BEST way. But, if the government uses 'contractors for labour' who bring in migrant workers in bulk with the hope of satisfying the demands of businesses/factories that need workers - there is a problem. What if the worker is not suitable, the factory/business just pick up the phone and tell the 'contractor for labour' to take back this worker and provide another. What happens to the 'rejected' worker - he returns to the 'contractor for labour' who themselves do not have work...so no pay, and may not be able to find a suitable employment for this worker - what happens then? Send the worker back? Well, any migrant worker usually incur substantial debts even before they arrive in Malaysia to work - so returning home is never an option for many who just become undocumented migrant workers hoping to earn enough to settle their debts and go back home with some money for themselves and their families.

The government must there abolish the 'Contractor For Labour System', bring back the 'old' system where the employer goes and finds the best worker for the work he has in Malaysia. Make it also clear that the duration of the employment contract is fixed, i.e. 3 years or 5 years, and if the employer ends the contract prematurely, then he is liable to compensate the migrant worker the remaining duration of the contract - basic wages X months remaining. Blacklist employers who break the laws - not just the company or the business, but also the Directors, CEO/Managers and shareholders. This would ensure that employers are more serious and careful when they choose migrant workers, and enter into employment agreements and thereafter adhere to all their agreed obligations as employer - This will certainly decrease the number of undocumented migrants.

Ensure that migrants, if they lodge complaints at the Labour Department, Industrial Relations Department,... that they may stay and work legally until their claims/cases are settled in these departments/courts... Again that will ensure that employers would stop 'cheating' migrant workers. Now, some employers prefer migrant workers over local workers because (1) they can easily exploit these workers; (2) they can easily cheat them of their monies and they will not be able to complain or get justice - because the employer can get work permits cancelled, and they become undocumented losing rights to continue their claims/cases [If you take the effort, migrant worker can stay but cannot work and will be given a Special Pass, costing the worker RM100 per month, and this usually given for 3 months only - not enough time for access to justice procedures to come to an end.]

The Malaysian government must be serious and stop employers/'contractors for labour'/agents for they really may be root cause for undocumented migrants.

Change the employment policy - allow only direct employment, allow migrant workers who want to change employers the ability to do so and put the onus on new employers to immediately 'register' their new migrant worker.... ABOLISH LEVY...or ensure that it is employers that LEVY not workers. 

Tell us:-
1) How many of these undocumented migrants (illegal) came to Malaysia as documented workers and then became undocumented?
2) How many of these 'illegal migrants' did register under the 6P programme?
3) How many were cheated by 'third parties' who gave them the impression that they were legal? Investigate, find these 'third parties' and prosecute them ... The migrant workers should be now 'legalized'. 
4)....

With regard to those from Myanmmar, make sure that they are not asylum seekers or refugees - for this Malaysia needs to enact a law recognizing refugees and asylum seekers, and providing a procedure for vetting, etc .. {It is not good enough depending on UNHCR - plus the fact in Malaysian law, the refugee and/or asylum seeker is still not statutorily recognized}


 

Double blow for man cheated by '6P agent', then arrested
 
EXCLUSIVE A Myanmarese migrant was arrested on Tuesday night despite having lodged a police report last month alleging that he had been cheated of his passport and thousands of ringgit by a so-called 6P agent.

Picked up in Pudu, Kuala Lumpur at about 8pm, the 26-year-old man was among 2,586 nabbed in the massive immigration operation on undocumented migrants, which started on Sunday.

NONEAccording to the police report lodged by the man on Aug 12, he had paid an agent operating in Lebuh Pudu RM3,600 and surrendered his passport as the agent claimed this was required for the 6P migrant legalisation exercise.

"She took my original passport (passport number withheld) and RM3,600 for the processing fee and she said after the process was done, she would call me for a medical check up," he said.

He said that the agent, a Myanmarese woman allegedly married to a Malaysian, then gave him a receipt but he never heard from her again.

He also claimed he had gone to her to renew his work permit which was then expiring.

The agent provided the man with copies of documents including one purportedly issued by the Home Ministry which states that the man has been approved to be on the 6P list.

Immigration and ministry letters
The man was also given a copy of his "registration slip", purportedly issued by the Immigration Department dated Aug 12, 2011.

Also provided to him was a copy of a letter from a Home Ministry official to the Myanmar Embassy dated Nov 29, 2011 stating that the man is already legalised under the 6P programme.

Malaysiakini is withholding the name of the Myanmarese man for his safety, as he previously claimed that the agent had hired thugs who stopped those allegedly cheated from approaching the agent's place of business.

NONEThe portal is also withholding the name of the purported agent, as they have yet to respond to requests for response.

Checks on the Home Ministry website showed that the agent is not part of the list of officially-appointed 6P agents.

According to Malaysian Trades Union Congress labour advocate Peter Kanadiah, at least 26 Myanmarese workers have lodged police reports against the same agent but no action has been taken.

"We have also brought the matter to the police, the Immigration Department and the Home Ministry. They are well aware of it," said Kanadiah.

Malaysiakini last week emailed the ministry official on the matter, and provided the reference numbers of the letters he had appeared to have signed.

He has not replied to the email, nor has he been available at the telephone number listed on the ministry website.

'Those being processed will be freed'

NONEMalaysiakini has also made various calls to Immigration Department director-general Alias Ahmad (right) for clarification, but the calls and text messages have been unanswered.

However, he was reported by The Star as saying that workers whose 6P registration is still being processed will be freed as long as they had not overstayed their visas.

The 6P legalisation programme ran from July 2011 to April 2012 for registration and legalisation of foreign workers, through 336 companies appointed by the Home Ministry.

A total of 393,358 illegal immigrants were legalised for work at 76,195 premises as at April 10, 2012 while another 127,503 have been granted amnesty and allowed to return to their countries of origin.

The government also earned some RM1.533 billion in levies as at April 10, 2012. - Malaysiakini, 5/9/2013. Double blow for man cheated by '6P agent', then arrested

 


Tuesday, September 03, 2013

Malaysians want to be independent financially - BRIM not a RIGHT but a handout from time to time creating dependence on PM Najib and the BN government

The prices of RON95 petrol and diesel rose by 20 sen today, and again it was done suddenly and secretly. This BN government asked consumers to shift to RON95 from RON97 with the assurance that the government would keep the price of RON95 low - and many Malaysians, despite the negative consequence of changing fuel to their vehicles did so - and yet again JANJI TIDAK DITEPATI - and the people have been betrayed yet again, and now will have to bear with the increase.

Why is the timing of these 'increases' kept secret? - we were informed of the price hike hours before it happened, and as before many rushed to fill up their fuel tanks to safe a few ringgit before midnight. I wonder whether friends of the PM and the government knew about it earlier, and filled up their fuel tanks earlier?

MAKE BRIM OR FINANCIAL ASSISTANCE A RIGHT IN LAW - no more at the discretion of the PM and his government

To compensate the increased cost of living, the government is talking about increasing BR1M payouts. Hello, this BR1M entitlement is at present not a right in law - it depends on the discretion ('budibicara') of the Prime Minister and his cabinet. Why don't they past an Act of Parliament (a law) guaranteeing the receipt of this 'BR1M' or financial assistance to those earning low income. That Act can stipulate the who exactly will benefit, i.e. based on income per month, and really there must be some sort of sliding scale, to ensure that poorer persons and households benefit more. Then, it will be a RIGHT, and Malaysians do not have to wait around like 'beggars' for financial assistance from the government.

We had BR1M in 2012, 2013...but will it be there in 2014, 2015 and every year thereafter? We do not know, do we? 

Handing over Government discretionary financial assistance to the elderly, poor persons and households over the years have much to be desired...

(a) In one instance, for warga mas, people were asked to go to a particular dewan, wait for hours until the politician came and gave their speeches, and then they had to line up and sign as they received monies in brown envelopes - oddly, different people allegedly found differing amounts of monies. Was it race based? Or was it just like a 'lottery' where it all depended on luck? I had wondered why the envelopes did not have the names of the recipients, and there was no announcement about how much was in those envelopes? - Maybe all envelopes were meant to have the same amount, and some persons had been naughty and packeted some monies and that was the reason for the difference in sums received? Maybe some not entitled had taken the envelopes that were never claimed by the elderly? After all, was all those entitled aware of this 'financial assistance'? 

(b) Then on another occassion, they started giving 'vouchers' and again the name of the recipient was not printed on the said vouchers, and after receiving the vouchers, the recipients were to go to designated banks to exchange the vouchers for cash.. [Again, what was there from preventing those not entitled getting these vouchers and cashing out for cash..]

The best way of disbursing monies would be by the issuance of cheques in the name of the beneficiaries, or directly banking it into their bank accounts - this would ensure less 'leakages' and ensure that all those entitled would get the monies.

INCREASE FUEL PRICES WILL RESULT IN INCREASE FOOD AND COST OF LIVING

Well, Najib and his government failed to even ensure that all workers in Malaysia are already enjoying the benefit of mininimum wages  of RM900 per month. There are still many who are not enjoying this right, as this government has granted extension of time for employers to pay workers, some until the end of 2013 - maybe even then not, if further extensions are granted. Now, what has happened is that many workers have also lost existing benefits like loss of certain allowances like 'night shift allowances' etc, as employers restructured worker remuneration packages, something that this government should never have allowed, as minimum wages were meant to only increase basic wages to the new rate. 

Poverty Line Income - what is it today? How much would a Malaysian need for himself and his family/dependents to live a decent life? Everything has gone up - even for TV, now we have to pay a minimum monthly payment of RM32 for ASTRO. In Thailand, for the usual channels like RTM1 and RTM 2, and some other channels subscribers pay no monthly charges - only the one of charges for the instalation of the satellite, etc - but in Malaysia, even to watch government channels, we have to pay. If a minimum meal cost is RM4 (which is difficult to find), then the cost of meals only for an household of 4 having 3 meals a day is RM4 X 3 X 4 X 30 = RM1,440,and if they only had 2 meals a day, then it would be RM960 and that too is higher than Malaysia's average poverty line income. We know the poverty line income of 2009, but what is the poverty line income of 2013?
The Poverty Income Level (PLI) is defined as:

“An income that is necessary to buy a group of foods that would meet the nutritional needs of the members of a household. The income is also to meet other basic necessities such as clothing, rent, fuel and utilities, transport and communications, medical expenses, education and recreation.”

Plainly speaking, the PLI is how much money in a month a Malaysian household needs to meet these eight components.

Though the Government calculates different PLIs for Malaysia’s three regions, the total average PLI is RM800.

For this demonstration, Jayanath uses the Peninsula PLI of RM763.

A household living in the peninsula is considered poor only if its monthly income is below RM763. - Malaysian Insider, 21/7/2010, How poor are we, really?








Is Najib and his BN government, solving the problem of poverty in Malaysia, by simply fixing a 'very low poverty line income', and happily reporting that poverty in Malaysia is slowly being irradicated. We must demand to know what is the present 2013 Poverty Line Income, and also how is it calculated.

Indirectly, the Malaysian BN government has indicated the Poverty Line Income, i.e. RM3,000 for an household, and RM2,000 for a single unmarried individual, when these was the category that was listed as requiring financial assistance to survive - so why don't this government just admit and make this the new Poverty Line Income?

Each household with a monthly income of less than RM3,000 was eligible to receive a one-off payment of RM500 and the single unmarried individuals earning less than RM2,000 were eligible to receive RM250. New Straits Times, 1/1/2013, BR1M 2.0 to start next month
Would government discretionary handouts of RM500 and RM250 overcome the financial difficulties of the poor in Malaysia? I do not think so, as increases in cost of living just erases any benefit.

Fuel prices are up, and the government is talking about 'production cost' - what about transport cost? Is the price of commodities only going to increase by 0.1%? Our government has also shrunk the list of price controlled items over the years, chicken, eggs, rice, milk, etc are not in that list. Controlling prices for festive periods is not enough..Chicken, egg, bread must be a price controlled items - Why are our MPs not fighting for these basic issues that affect all Malaysians
TRADERS have been told not to raise food prices following the move to cut fuel subsidies, which is  unlikely to affect food production costs.Domestic Trade, Cooperatives and Consumerism Minister Datuk Hasan Malek said the ministry's studies showed that the increase in fuel costs was projected to raise food prices by 0.1 per cent."We have done our best to ensure that any move to reduce subsidies would not unfairly burden traders. As such, we see no reason for them to mark up food prices as a result of the rise in fuel costs." - New Straits Times, 3/9/2013, 'Do not hike food prices'
Well, when it comes to petty traders, sundry shops and the small business people at the end of the supply chain, their cost would definitely increase with this increase of fuel prices - and naturally, they who are low-income or middle-income earners would naturally have to increase prices to ensure even SAME profits. The government has not helped them much, and the latest Kedai Rakyat 1 Malaysia(KR1M) and its products also have affected these small business persons. Why open new shops? Why did they not just make available cheaper products that could be marketted by these smaller shops and business persons?

IMPROVED CHEAP PUBLIC TRANSPORT is not in place, as an alternative to private vehicles, and this should have been so before FUEL prices are increased. No, this government is still trying to get ordinary people to BUY private vehicles and use more petrol... We desperately need to improve the public transport system so that people would have the choice to travel to work, to market, to hospiitals, to schools, etc using public transport - reducing the usage of privately owned vehicles - hence reducing FUEL consumption - hence reducing government subsidies...i.e. achieving the same effect.


Tuesday, August 27, 2013

So, who killed Altantuya? - Is it just a case of prosecution incompetence or what?

Is it just the incompetence of the prosecution? Yes, it is the prosecution who has the duty to prove that a person is guilty of a crime beyond reasonable doubt. But, in some cases, one wonders whether it is just simply a question of negligence or incompetence that they fail in this duty, or was in intentional. Are third parties interfering, and preventing prosecution officers from doing what they would have normally done? Or is it just a case of negligence? 

Remember, once a person is charged, tried and acquitted - he cannot be charged again for the same offence, it is called Double Jeopardy. And that makes one wonder whether these failings of prosecution is intentional?

Tan Sri Eric Chia Eng Hock was wheeled out of the Kuala Lumpur court complex a free man after he was acquitted by the Sessions Court here of committing criminal breach of trust 13 years ago involving RM76.4mil.,,, 
Akhtar said the most glaring setback was the prosecution’s failure to call two material witnesses, who would have been able to confirm whether payment was needed for the technical assistance agreements (TAA) signed between Perwaja Rolling Mill Development and NKK Corporation.
He said former Perwaja company secretary R.R. Durai Rajasingam, who was involved in all Perwaja’s contracts, would have known the actual contents of the TAA....“Yet the prosecution never called him. The question is why?...The judge also questioned the prosecution’s reluctance to call the five Japanese witnesses, including NKK Corporation, Japan, director N. Otani, who was present at the signing of the TAA in Japan in 1993....He said the prosecution failed to lead any evidence to show fabrication of that document, which it contended.- Star, 27/6/2007, Eric Chia acquitted of CBT

Former land and cooperative development minister Tan Sri Kasitah Gaddam was acquitted and discharged by the High Court here of committing corrupt practice and cheating involving shares belonging to the Sabah Land Development Board (SLDB) in 1996.... Justice Suraya said the failure of the prosecution in not calling six board members who were present in the meeting was detrimental to the case as it had created a big gap over the question of whether the board members were actually cheated by the accused..- Star, 13/8/2009, Kasitah freed of corruption charges

And now, in this Altantuya case, we  

While the Court of Appeal last Friday detailed the non-calling of Najib Abdul Razak's aide-de-camp DSP Musa Safri as a factor in acquitting the two Special Action Unit officers, the written judgment also states that the second accused, Sirul Azhar Umar, could have been framed. - Malaysiakini, 26/8/2013, Court: Sirul could have been framed for Altantuya murder
We have been talking about Judicial Reforms, maybe it is time to talk about prosecution reforms - maybe, we need to place safeguards to ensure independence of prosecutors.

So, who killed Altantuya? And why?

NEWS ANALYSIS BY JAHABAR SADIQ, EDITOR

August 23, 2013
Latest Update: August 23, 2013 01:49 pm
 
Seven years on, no one has paid the price for the death of Altantuya Shaariibuu. And no one knows why the pretty Mongolian was killed one night in October 2006.

But today's Court of Appeal decision does not close the file on her mysterious murder.

Instead, the ruling to acquit former chief inspector Azilah Hadri and former corporal Sirul Azhar Umar raises more questions than ever.

Who killed her? Why?

She was shot dead and C4 explosives were allegedly used to blow her to bits but both police commandos said they had no access to the explosives. So what happened? Were there others involved?

She came into the country but there were no immigration records with her name. Did she use another passport? Can the authorities explain this?

Some of these questions could have been answered if the likes of DSP Musa Safri had been called to give evidence.

The prosecution did not call him and the appeal court today allowed the appeal because material witnesses were not called to testify, including Musa.

Musa would have been able to say what sort of help political analyst Abdul Razak Baginda had asked of him to fend off Altantuya.

The interpreter had become Abdul Razak's lover but later hounded him. He had to hire private investigator P. Balasubramaniam to keep watch on her. When Altantuya turned up that fateful night on October 19, 2006, the policemen took her away and that was the last time she was seen alive.

What followed rocked Malaysia's political establishment. Abdul Razak was held in connection with the murder and both police commandos Azilah and Sirul were later charged for Altantuya's murder.

Their connection to each other was simply Musa, who was aide-de-camp to then deputy prime minister and defence minister Datuk Seri Najib Razak.

Now prime minister, Najib has denied any links to the case although Abdul Razak was closely associated with him. Will today's ruling provide closure for him too?

Will it also provide closure for Abdul Razak, who was the first to be acquitted of conspiring to kill Altantuya? He had admitted to fending her off but not asking for her death.

Interestingly, the prosecution never appealed his acquittal.

But the prosecution has said it would appeal today's ruling that freed Azilah and Sirul, both of whom were hooded and shielded from public view during their 159-day murder trial.

That again raises more questions. And endless possibilities. - August 23, 2013, Malaysian Insider, So, who killed Altantuya? And why?

Monday, August 26, 2013

18 workers terminated for exercising a citizen's right to participate in the political life of Malaysia

It is a sad day for Workers in Malaysia when on 19th August,  18 workers were terminated by the DRB HICOM companies in Pekan.

51 Groups responded when disciplinary action was commenced against the workers, vide a Joint Statement entitled, "DRB HICOM MUST RESPECT THE CITIZENS’ RIGHT TO PARTICIPATE IN THE DEMOCRATIC PROCESS IN MALAYSIA –Stop disciplinary action against workers for exercising their political rights dated 25/6/2013.

The plea was made to DRB HICOM and also the Prime Minister of Malaysia, also the MP for Pekan. (The PM is yet to respond to our letter)

As it is, public servants's right to participate in peaceful assembly and other political activities are curtailed by the government, their employer. Now, it seems that private sector employers are also trying curtail the rights of their workers...An employer should only have control of their workers during the work-hours, and in matters directly linked to their employment. When employer extends their 'control' over workers with regard their activities outside working hours, and in this case a Union sanctioned activity, it is unacceptable - Will Malaysian workers stand up and fight in the public arena, or would they choose to 'silently' resort to just using the available legal avenues of access to justice or just keep 'silent' as their rights be eroded. Media sadly gives little or no space to worker, union and civil society statements - and likewise, our politicians also 'avoid' taking up worker/union issues.

Below is a report from the Blog LABOUR BULLETIN, which has added graphics to the UNION statement after the workers were terminated.

Message to TAN SRI SYED MOKHTAR AL BUKHARY - Press Release ::: Press Report for DRB Group – Termination action against workers exercising their political rights is abhorred.


We, the National Union of Transport Equipments & Allied Indutries Workers NUTEAIW) is appalled by the action of DRB Hicom companies, being Hicom Automotive Manufacturing Sdn Bhd and Isuzu Hicom Sdn Bhd in Pekan, taking disciplinary action against 18 workers who exercised their right as citizens outside working hours.  Pursuant to a decision by the Malaysian Trade Union Congress (MTUC), which was also supported by the NUTEAIW, to extract commitments on worker rights from contesting candidates and political parties, workers went to meet contesting candidates before election day.
On 3/5/2013, these 18 workers submitted the MTUC memorandum to one of the contesting candidates in the Parliamentary constituency, which also happens to be the constituency that the Prime Minister of Malaysia was contesting. For this, disciplinary action have been initiated by two  DRB HICOM companies in Pekan, after more than 85 days of suspension were terminated on 19th August 2013.
Hicom Automotive Manufacturing Sdn Bhd, which assembles automobiles for
Suzuki, Mercedes-Benz
and Volkswagen, issued show cause letters to 16 workers, and speedily proceeded with the Domestic Inquiry on 11th June 2013 and terminated them on 19th Auguste 2013. Likewise, Isuzu Hicom Sdn Bhd, that assembles automobiles for Isuzu, issued show cause letters to 2 workers and they too has been terminated by the Company on 19th August 2013. The workers were not allowed the right to be represented by representatives of the National Union, only representatives from the work site committee.

We consider this not only a gross violation of worker rights, but a violation of the right of citizens to participate in the democratic process of Malaysia during the 13th General Elections. No employer should have the right to dictate directly or indirectly the political choices, activities and/or actions of their workers, more so outside employment hours. Workers, as citizens, of Malaysia must have the freedom to join and participate in any political parties, even offer themselves as candidates and involve themselves in campaigning in general elections. Hence the taking of this disciplinary action against workers for things they did in exercise of their rights as citizens in a democracy during the 13th General Elections is an infringement of their rights. The best thing that these DRB Hicom companies can do now is to immediately reinstate these workers without any delay.
 
The charges levied against the workers are (1) Undermining the image or good name of the company orally, in writing or by action, and (2) Bringing about or trying to bring about any form of influence or outside pressure to submit or support any external claim that is related to service be it an individual claim or claims of other employees.
The employer allegedly is of the position that the participation and action of the said 18 workers,Photo were contrary to the interest of the company gave the false impression that the company was involved in politics.

If the company fears that there will be a perception that ‘the company was involved in politics’, it is hypocritical given the fact that during campaigning period, on 25/4/2013, the company encouraged workers to go and meet the Barisan Nasional Paliamentary candidate for Pekan, Mohd Najib Abdul Razak, also the incumbent Prime Minister. Workers were allowed to go for the meeting during working hours. This event was also highlighted in Najib’s 13th General Election Pekan Constituency candidate website (http://www.parlimenpekan.com,) and the posting was entitled ‘Dato’ Sri Najib Beramah Mesra Dengan Warga DRB-Hicom Pekan’Najib Beri Sijil 2(Dato’ Sri Najib Socialize with DRB-Hicom citizenry). Later that very day women workers were also allowed by the company to meet up with Najib’s wife.

Companies and businesses should never terminate a worker for reasons other than matters that relates to work performance and/or their conduct as a worker save for very exceptional cases like where a worker is convicted for a criminal offence.
These 18 workers have families and children, and a termination would cause great hardship to their wellbeing and livelihood. Amongst the 18 are also trade union leaders, including also the current chairperson of MTUC Pahang Division
, and as such termination of worker leaders may also be perceived as a ‘union busting’
 action by these DRB Hicom companies.
We call on DRB Hicom,  Hicom Automotive Manufacturing Sdn Bhd and Isuzu Hicom Sdn Bhd to immediately reinstate them without loss of benefits.
We call on Prime Minister Mohd Najib Abdul Razak,being also the Member of Parliament for Pekan, to intervene and ensure that worker and citizen rights of his constituents are not violated by employers.

This press release is prepared and released by:


N.GOPAL KISHNAM
General Secretary
National Union of Transport Equipment & Allied Industries Workers (NUTEAIW)
No. 30 A, Jalan Utas A, Section 15, 40000 Shah Alam. Selangor Darul Ehsan. Malaysia
Tel : 603-55192421 or 603-55193860
Fax 603-55106863
e-mail: nutew@streamyx.com or kishnam18gp@yahoo.co.uk 
 
Source: Labour Bulletin

See earlier post:-

Now 51 groups call on DRB HICOM TO RESPECT THE CITIZENS’ RIGHT TO PARTICIPATE IN THE DEMOCRATIC PROCESS IN MALAYSIA

RFID in Identity Cards - tracking Migrant Workers like cattle and criminals is unacceptable - will soon all Workers, Malaysians also be deprived their privacy?

Now, Malaysian government is seriously going to infringe the privacy of migrant workers (and maybe later Malaysians too) with the introduction of  Radio Frequency Identification (RFID) into their identity cards. That means their movement can be tracked as though they as though they are cattle or criminals.

A total of 1.4 million Bangladeshi workers, scheduled to be recruited in stages from early next year, will be issued special identity cards (IC). 

Home Minister Datuk Seri Dr Ahmad Zahid Hamidi said the ICs would have Radio Frequency Identification (RFID) and biometric technology, and would function as a debit card and stored-value card (such as Touch & Go).

Radio Frequency Identification (RFID)

RFID tags, a technology once limited to tracking cattle, are tracking consumer products worldwide. Many manufacturers use the tags to track the location of each product they make from the time it's made until it's pulled off the shelf and tossed in a shopping cart.

Outside the realm of retail merchandise, RFID tags are tracking vehicles, airline passengers, Alzheimer's patients and pets. ...the noncommercial uses of RFID tags and how the Departments of State and Homeland Security are using them. Lastly, we'll examine what some critics consider an Orwellian application of RFID tags in animals, humans and our society. - Wikipedia

Malaysia also announced that they will soon be using electronic monitoring device (EMD) on suspects - this also is unacceptable because a person is innocent until proven guilty. Maybe, it may be acceptable as a 'new' bail condition, that too should be restricted to serious and violent crimes only and a for a limited short period only, for trials should be speedily held - if not, it will be abused and be akin a 'punishment without trial' where people may be simply charged and held on bail indefinitely. We really need a criminal compensation scheme in place so persons can be compensated for loss of liberty and other freedoms, if their charge is subsequently withdrawn, found not guilty, ... The other category of persons maybe those let out earlier on parole - i.e. earlier than their prison sentence by reason of good behavior - and that too maybe for serious and violent crimes only. As it is ex-convicts are already facing discrimination and hurdles to re-integrate into society resulting in many returning to their ways of crime by reason of no other choice.

The Home Ministry plans to use the electronic monitoring device (EMD) on offenders charged under the Security Offences (Special Measures) Act 2012 by end of next month.

Attorney-general Abdul Gani Patail confirmed that the government had approved the use of EMDs to track organised and violent crime suspects to ensure they would not commit other crimes while out on bail.- Malaysiakini, 24/8/2013, Electronic monitoring device to be implemented in Sept

EMD and this RFID may be different devices/technology but their intent is the same, to track people and their movement. There was some talk before that our new MyKad may have been something similar to RFID - maybe some MP should ask that question in Parliament to just make us all feel safe, and that our privacy is not being infringed by our government.

In any event, migrant workers should never be treated LESS - they are human beings. They are workers - and they should not be treated like some product in a supermarket, cattle or like criminals (or suspected criminals).

What happens to migrant workers today may soon be happening to LOCAL workers later - then maybe even all Malaysians. The 'contractor for labour system' which erodes direct employment relationship between the worker and the owner/operator of the workplace(principal), weakens unions, erodes worker rights, etc... started out with Migrant Workers around 2005 - but today LOCAL workers are also victims of this very unjust system.

We  have to protest these plans by the Malaysian government which undermine human dignity, freedoms ...and yes, the right to personal privacy.


Published: Thursday August 22, 2013 MYT 7:14:00 PM
Updated: Thursday August 22, 2013 MYT 7:18:23 PM

Ahmad Zahid: Bangladeshi workers to get special IC

Home Minister Datuk Seri Dr Ahmad Zahid Hamidi.
Home Minister Datuk Seri Dr Ahmad Zahid Hamidi.





PUTRAJAYA: A total of 1.4 million Bangladeshi workers, scheduled to be recruited in stages from early next year, will be issued special identity cards (IC). 

Home Minister Datuk Seri Dr Ahmad Zahid Hamidi said the ICs would have Radio Frequency Identification (RFID) and biometric technology, and would function as a debit card and stored-value card (such as Touch & Go). 

"The cards would be colour coordinated to indicate different employment sectors to prevent the workers from switching jobs," he told reporters after a courtesy call from Bangladesh Expatriates Welfare and Overseas Employment Minister Khandker Mosharraf Hossain here on Thursday. 

He said the workers would be screened to ensure that they had no prior criminal records before being recruited and those found moving sectors would be fined up to RM12,000. 

"One of the issues discussed was temporary housing for the workers, so they will be taken care of and to prevent assimilation problems with locals," said Ahmad Zahid. 

He said the Bangladesh workers' entry had been agreed during Datuk Seri Hishammuddin Tun Hussein's term as Home Minister, to cater to the shortage of workers in the plantation and services sectors. 

"They will be brought in under a government-to-government agreement to prevent exploitation by middlemen. 

"We're also discussing the same approach with other countries such as Indonesia and Myanmar," he said.
Meanwhile, Khandker said the government-to-government deal would reduce cost from US$4,000 (RM13,284) to US$400 (RM1,328) per worker.

"Before this, they had to work four to five years to repay the cost due to exploitation by middlemen, but now they can settle the amount in two months," he said. - Bernama - Star, 22/8/2013, Ahmad Zahid: Bangladeshi workers to get special IC

Wednesday, August 14, 2013

75% of retirees reaching the age of 55 have less than RM50,000 in their EPF savings. Obviously that amount will not carry the employee through for the remainder of their life - another failing of the BN government?


“Based on statistics, more than 75% of retirees reaching the age of 55 have less than RM50,000 in their EPF savings. Obviously that amount will not carry the employee through for the remainder of their life,”

The Employees Provident Fund was a 'Simpanan Hari Tua' (Savings for Old Age) scheme for workers - but alas, this government, possibly to help the 'economy' allowed workers to dig into this savings and use the money NOW for a variety of reasons - and the end result was a shrinking of this savings - and no more would it be possible for many people to rely on these saving to sustain their livelihood until death.

Now, people have become dependent on this money NOW, and there would be resistance to any proposal to freeze the taking out of this monies now - and allowing the EPF beneficiary only the ability to take the monies on retirement. See how many workers protested the idea that they would only have access to these monies at 60, the new retirement age. If one can work and earn until 60, workers should NOT be allowed access to this monies until after they stop working...

Does the Malaysian government even guarantee this moneys in your EPF account? Does the Malaysian government even guarantee an annual minimum interest rate of 8% or 10%? Now, the EPF is using EPF monies to invest overseas - what happens if the investments do not bear better benefits or, worse still is lost - then workers will suffer. It is thus important that the Malaysian government guarantees these 'savings for old age' , and even guarantee a minimum 8% annual interest on monies available.

If a person retires at 60, and lives on until 75, how much would he need to survive. Let us take it to be RM1,000 per month

1,000 X 15 X 12 =  RM180,000-00

If RM1,500, then 1,500 X 15 X 12 = RM270,000-00

It looks like more than 75% of workers under this EPF scheme would now not have enough to survive, and the way price of food and cost of living is increasing, this is a MAJOR problem which need to be addressed NOW...

Maybe, we can try to reduce the cost of living of people above 60 - totally FREE healthcare, FREE Public Transport, Monthly allowance of RM500, Free Water, Electricity, Phone, Sewage Treatment, TV, Internet... [Remember that the elderly usually needs more to survive - i.e. healthcare, care givers, etc ]. Of course the RICH would be excluded ...

If workers had been made better wages, a just living wage - we would have a 'smaller problem' - but this Malaysian government only introduced Minimum Wages recently, and some workers are still being denied even this.

Now, there are many many people who are self employed, farmers, fisher-folk, etc that do not even have such a 'scheme' in place - no pension, no EPF, no Insurance, etc ... and the government must determine the numbers that would need assistance in their old age...

We should help the elderly Malaysians have and keep their dignity - we certainly do not want them to become 'beggars' relying on goodwill of others for their 'survival'...Respect the elders is a value that all Malaysian hold dear, and as such, it is essential that something is done now to ensure that we will take care of all our 'golden' Malaysians.
WHILE it is important to set aside a portion of your income for your golden age, many find it hard to decide where to put their hard-earned money. Employees are often choosy and sceptical in selecting the right financial instruments to invest in, other than keeping their money in the bank. 

It is not often that one can rely on one’s EPF savings alone to sustain oneself through one’s retirement age.
Malaysian Employer Federation (MEF) executive chairman Shamsuddin Bardan says it is not because people are not contributing enough to the EPF, but instead, it is the leakages in the system that limits its full purpose. 

“Based on statistics, more than 75% of retirees reaching the age of 55 have less than RM50,000 in their EPF savings. Obviously that amount will not carry the employee through for the remainder of their life,” he says. 

Cumulatively, both employer and employee contribution would amount to between 23% and 24% of wages being contributed to the EPF on a monthly basis. “A lot of withdrawals are allowed on education, medical, housing loan, and so on. Obviously when one reaches one’s retirement age, the money is not there anymore. In fact, it is very much reduced,” says Shamsuddin.

The Government needs to look into putting the EPF savings back on track, he says.

“It should not be utilised for anything else except for “old age” purposes. Perhaps if you want to buy a house, you would have to use other means. This is so your savings will be intact. Then, at retirement age, you would have enough to carry you through,” he says. 

The new retirement age policy allows employees to continue working until the age of 60, compared with 55 previously. This represents an additional five years of contribution to EPF savings.

“That would beef up employees’ savings,” he says. 

However, one can withdraw one’s entire EPF savings when one reaches the age of 55. This is not in sync with the new retirement age. If an employee works until the age of 60, but fully withdraws his EPF savings at the age of 55, by retirement time he would be left with only five years of contribution. 

Shamsuddin says this misalignment is yet another issue the Government needs to look into. “Although it won’t be a popular thing for the Government to change the withdrawal policy to age 60, we need to have a hard look at that, and perhaps bite the bullet and change it. Or else, the increase in retirement age with the main purpose of enhancing retirement savings would not be achieved,” he says.  - Star, 10/8/2013, PRS a good idea but may not be enough