PM Anwar Ibrahim should walk the talk fast on his pledge to combat corruption ...(MADPET)

 

 

Media Statement – 29/11/2022

PM Anwar Ibrahim should walk the talk fast on his pledge to combat corruption especially in government

Law Enforcement & Judiciary Must Function Independently Without any Interference

As our new Prime Minister Anwar pledged to fight corruption, there is a need to strengthen laws against corruption, abuse of power and even money laundering. It is common for any Prime Minister and political parties to take a position against corruption and abuse of power, but what they then do is more important.

Abolition of Compounds for AMLA and corruption like offences

MADPET (Malaysians Against Death Penalty and Torture) calls for the abolition of compound for corruption and related offences including offences under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA). These are serious offences, more so when it involves Ministers and politicians.

Section 92 of AMLA Act now sadly allows for all offences in this Act to be compounded. It states, “…(1) The competent authority or relevant enforcement agency, as the case may be, may, with the consent of the Public Prosecutor, compound any  offence under this Act or under regulations made under this Act, by accepting from the person reasonably suspected of having committed  the offence such amount not exceeding fifty per centum of the amount of the maximum fine for that offence … to which that person would have been liable if he had been convicted of the offence…’. Such offences should be dealt by the court, and NOT by the Minister of Finance or the Minister appointed competent authority or enforcement agency.

The decisions with regard compound are now administrative decisions of the Minister or enforcement agency, not judicial decisions. It puts ‘pressure’ on Ministers especially when it comes to a fellow party or coalition member.

Any accused, after being charged in court, can always plead guilty, and this plea will mitigate the sentence imposed. It is BEST when such accused, especially Ministers and politicians, are dealt with by the Independent Judiciary.

The effect of an offer and the acceptance of an offer of compound, means an end of investigation and thereafter ‘…no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made…’(sec. 92(4) AMLA)

Administrative Avoidance of Trials and Convictions using Compounds

When it comes to sitting Members of Parliament and/or Senators, it must be noted that Article 48 of the Federal Constitution, states that an MP or Senator will be disqualified if  ‘(e) he has been convicted of an offence by a court of law in the Federation (or, before Malaysia Day, in the territories comprised in the State of Sabah or Sarawak or in Singapore) and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit and has not received a free pardon…’. There is nothing said about compounds.

Thus, the administrative compound can wrongly be used to prevent a fellow politician from being charged, tried, convicted and sentenced by court, thus saving this current or maybe future MPs or Senators from being disqualified as MP/Senator by reason of conviction, as is now provided in Malaysia’s Constitution.

It is reasonable to say that generally, no innocent person would accept a compound offer, and pay the compound amount, more so when it is a large sum. An innocent person would rather go to court to prove his/her innocence than ‘admit guilt’ by accepting a compound offer. For small offences, a person may choose to pay the small compound to save time and effort in having to go to court.

The availability of compound for small offences, like road traffic offences and violation of MCO requirement maybe acceptable. However, compound should not be available for AMLA offences, corruption, abuse of power offences and some other offences like Occupational Safety and Health. Charge them and let courts decide.

On 21/9/2022, then Pontian Member of Parliament (MP) Datuk Seri Ahmad Maslan was acquitted of charges of money laundering and giving a false statement against him after he agreed to pay a compound of RM1.1 million (Edge Markets, 22/9/2022).  The oddity in this case was that he had already been charged, when the compound offer was taken up. Prosecution will generally never charge any person unless they are confident that they can prove guilt beyond reasonable doubt.

When this happened, Ahmad Mazlan not only escaped a trial, the risk of conviction and potential disqualification as MP/Senator. He also obtained protection from being further investigated, and charged for the same offence ever again. Sadly, Ahmad Mazlan can be said to have also missed the opportunity to prove himself innocent in court. Doubts will remain in many minds.

Regulations/Law to Deter Corruption by PM and Cabinet

At present, there is no law/regulations that govern the conduct and discipline of the Prime Minister and Cabinet members. Though Cabinet members are public officers, they are excluded from disciplinary provisions that apply to Malaysian public officers.

Therefore, MADPET proposed that Malaysia’s new government extend the application of the Public Officers (Conduct and Discipline) Regulations 1993 to also include members of the Cabinet, and maybe even MPs.  Alternatively, a new law.

That public officers regulations even deals with ‘presents’, where it says that public officer ‘…shall not receive or give nor shall he allow his spouse or any other person to receive or give on his behalf any present, whether in a tangible form or otherwise, from or to any person, association, body, or group of persons if the receipt or giving of such present is in any way connected, either directly or indirectly, with his official duties…’ There are many provisions in the Regulations that will deter corrupt practice.

It will be best of members of the Cabinet, and even MPs are also governed by such regulations, or better still laws which will also deter corrupt practices and keep our Cabinet members clean. Following former Prime Minister Najib’s conviction for abuse of power, criminal breach of trust and money laundering involving RM42 millions of funds, crimes committed whilst holding government power, trust in the Prime Minister and members of Cabinet have diminished, and we need laws and regulations that will also deter such crimes. Trust in the PM and Cabinet needs to be restored.

Corruption and Abuse of Power

When a person/corporation contesting for a government contract/project, pays monies or provides benefits, to a Minister or persons connected with the power to decide or influence contract awarding, before or after the awarding of the tender, it is corrupt practice. It should not matter whether the monies or benefits flows directly into the said politician/public officer pocket, or to his/her family members, his/her related ‘political funds’ or political party, NGOs or charities which has links with the said politician or public servant, it will still be corruption. We are fed up, when we hear some politicians argue that the said monies were for themselves but some political funds or charity.

Annual Asset Declaration laws – to ensure no enrichment by reason of ‘corruption’, etc.

A law on regular Asset Declaration, that provides for regular, preferable every year, is needed. Asset Declaration is not for the public to know how rich or poor a Minister or MP is, but really is a means for the public to be sure  that the said MP or Minister did not use his/her position power to accumulate wealth wrongly.

This can only be done by comparing subsequent Declarations with the 1^st Declaration made immediately when he/she gets elected/appointed. It is sad that previous governments did not understand the reason behind asset declarations, and chose to only require one asset declaration – making it impossible for the rakyat(people) to be able to determine whether there was abuse and wrongful personal enrichment – there was no subsequent asset declaration where they could compare with. Making false declaration must be a criminal offence.

Political Funding Law

The law on political funding, which was earlier reported would be tabled in October, must also be speedily tabled now. It must cover not just political parties, but also individual MP’s and Senator’s. For years, Malaysian MPs did receive large additional funds, sometimes millions of Ringgit annually for expenditure in the Constituency, but alas there was no transparency as to how these public funds were used was never disclosed. Many wonders how much of the peoples’ monies went into the MP’s own pockets directly or indirectly, or wrongly flowed to their party or supporters? Accountability and Transparency is needed.

WALK the Talk, and end corruption pandemic in Malaysia

MADPET calls for the PM Anwar Ibrahim to WALK THE TALK – to demonstrate that his pledge against corruption and abuse of power will be followed by speedy real concrete actions, including the tabling of needed amendments to laws and new laws that will also deter acts of corruption and abuse of power amongst the Cabinet and also MPs in Malaysia.

The Prime Minister needs to act fast, remembering how Prime Ministers and governments in recent times change rapidly, whereby since GE14, we had 3 different Prime Ministers. Delay is no more an option.  

Charles Hector

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

 

What PH and Anwar have pledged

By Fuad Nizam - November 24, 2022 @ 10:00pm

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PH had in its manifesto pledged to overcome the cost of living issues by eliminating cartels, ensuring sufficient supplies of food products and increasing the workforce in agriculture to guarantee food security. -AFP PIC

KUALA LUMPUR: Datuk Seri Anwar Ibrahim's appointment as the 10th prime minister could finally herald in a new dawn not only on the political front but also see a host of new initiatives introduced to fulfil the election pledges made in the 15th General Election (GE15) campaign.

The 75-year old, who leads Pakatan Harapan (PH), had promised to make sweeping changes in the administration, outlining measures like combating corruption and strengthening democracy, managing the cost of living, improving competitiveness and also reducing the size of a bloated cabinet.

PH had in its manifesto pledged to overcome the cost of living issues by eliminating cartels, ensuring sufficient supplies of food products and increasing the workforce in agriculture to guarantee food security.

The coalition also pledged to build a clean and trustworthy system of governance by strengthening the integrity of institutions, safeguarding parliamentary sovereignty as the core pillar of democracy and guaranteeing media freedom together with the rakyat's freedom of expression.

The coalition is also committed to increase the competitiveness of Malaysia's plural society across by reaching out to those across geographic location, socioeconomic class, background and ethnicity.

Anwar's electoral pledges also outlined action in tackling climate issues faced by the country through implementing a climate change act, ecological fiscal transfers, marine protection areas and transboundary haze act.

PH also pledged to see the full implementation of the Malaysia Agreement 1963 and Inter-Governmental Committee (IGC) Report as steps in empowering the peace and prosperity in the regions of Sabah and Sarawak.

The most defining of the pledge made by Anwar is his determination to axe the bloated 70-minister cabinet brought upon by the previous administration and to take a pay cut.

Anwar had said he felt ashamed as the RM80,000 awarded as salary for a prime minister was in stark contrast to those of an Orang Asli villager he visited who struggled to even make RM400, as did minimum wage earners of RM1,500. - NST, 24/11/2022

 

MTUC/Unions - tell us which candidate to support, who will defend and increase worker rights in Malaysia?

The MAIN issue of Workers in Malaysia today is REGULAR(or permanent employment), where every year, there will be salary and rights increment. 

Problem is that the government who have the power to ensure REGULAR employment, have not bothered and allowed SHORT-TERM CONTRACT EMPLOYMENT usually for 1 year. If you are RETRENCHED or terminated before 12 months of employment, you are not entitled to  TERMINATION AND LAY-OFF BENEFITS

Normally, the longer you work with an employer, not only wage increase commonly happens every year, and your rights like to annual leave and sick leave also increases.

BUT, if you are on a 1 year contract, you lose it all - the benefits of REGULAR employment until retirement...

So, the MINIMUM that government can ensure is REGULAR EMPLOYMENT for all > of course, if the employer goes bankrupt or do not need so many workers, still can RETRENCH. If you commit a very serious misconduct, you may still be terminated. So, no disadvantage to the employer - but Regular employment provides so much for the Worker (including FREEDOM from stress not knowing whether employer will extend contract or not)

Section 60E Annual Leave, Employment Act 1955

(1) An employee shall be entitled to paid annual leave of-

(a) eight days for every twelve months of continuous service with the same employer if he has been employed by that employer for a period of less than two years;

(b) twelve days for every twelve months of continuous service with the same employer if he has been employed by that employer for a period of two years or more but less than five years; and

(c) sixteen days for every twelve months of continuous service with the same employer if he has been employed by that employer for a period of five years or more,

EMPLOYMENT (TERMINATION AND LAY-OFF BENEFITS) REGULATIONS 1980

3  General provisions for the entitlement of employees to termination or lay-off benefits payment

(1) Subject to these Regulations, an employer shall be liable to pay termination or lay-off benefits payment calculated in accordance with regulation 6 to an employee who has been employed under a continuous contract of service for a period of not less than twelve months ending with the relevant date if-

(a) the contract of service of the employee is terminated; or

(b) the employee is laid-off within the meaning of regulation 5.

(2) For the purpose of this regulation a continuous contract of service for a period of not less than twelve months shall include two or more periods of employment which are not less than twelve months in the aggregate if the intervening period or periods between one period of employment and another does not in the aggregate exceed thirty days.

Looking at some of Party Manifestos, there is only talk about increasing wages - but, more important is REGULAR EMPLOYMENT. 

These politicians/political parties just do not know about the REALITY of the worker...

If a worker is on a short-term contract, he/she may not even be interested in forming or joining Trade Unions, and he/she will be to AFRAID to even fight the employer for better worker rights - because of the worry that when his/her contract ends, it will not be extended. Hence, workers' ability to fight for better rights is diminished...so, please abolish short-term contracts in favour of REGULAR employment...

Which MP or Political Party should workers and their families support?

Will Malaysian Trade Union Congress(MTUC) or other Trade Unions or coalitions of Trade Unions help us here >>> TELL us which candidate, if elected, will be good for the worker, who will defend and PROMOTE better worker rights?

To protect Malaysian workers, what exactly is the QUOTA on foreign workers at a workplace?

The use of MIGRANT workers have also caused LOSS of skills in Certain Employments - what is your plan to restore these skills to LOCAL WORKERS - Construction, Farming, etc..

See earlier post

Minimum Wage Must Be Increased NOW in light of increase of food prices, and drop of Ringgit? Why is Wage Council and Minister silent? RM1,800 - RM2,000 NOW?

Outdated Malaysia - MINIMUM WORKER RIGHTS in Law guaranteed to workers earning less than RM2,000 > Singapore those earning less than RM8,189? ALL workers should be guaranteed MINIMUM rights

47 Groups :- WORKER AND TRADE UNION RIGHTS MUST BE PRIORITIZED FOR THE WELLBEING OF THE WORKER AND THEIR FAMILIES

MINIMUM WAGE - a betrayal of the poor by Pakatan Harapan? RM1,200 ends discrimination against non-government employees?

PM Najib lied about minimum wage? Honesty is always needed from Government

BN Government says private sector workers less important than government workers - so different MINIMUM WAGES?

The state of the labour movement in Malaysia (Part 1)

The origins of the labour movement in M’sia (Part 2 of a series)

How the British suppressed the Malayan labour movement (Part 3)

The last breath of the labour movement?(Part 4)

 

 

 

GE15 - Vote those who will restore Local Government/Council elections. And let us choose our Taman/kampung leaders - End POLITICAL APPOINTMENTS, Restore Democracy

GE15 - No promise to restore DEMOCRACY at Local Government - i.e. Local Council Elections. PH promises 'Promise 25 - To strengthen the role and power of Local Authorities' - and do not talk about people electing their representatives to Local Government...

No Local Council Elections - WHY? When earlier PKR and DAP(and PAS), when they were PR was all about RESTORING local government elections, yes "RESTORING" as we had them since Independence, when the BN abolished it in the 60s. Note> even ADUNs and MPs now are not in Loacl Government/Councils > Do our democratic choices not matter?

SUHAKAM Must Reconsider, just like in 2018, the decision to stop investigation and not hold Public Inquiry on the case of Sabri, the wrongfully detained, convicted, sentenced and whipped documented migrant worker(38 Groups)

 

Media Statement – 2/11/2022(Updated)

SUHAKAM Must Reconsider, just like in 2018, the decision to stop investigation and not hold Public Inquiry on the case of Sabri, the wrongfully detained, convicted, sentenced and whipped documented migrant worker

Indonesia and Malaysia must ensure justice is done, and not sabotage the quest for justice

We, the 38 undersigned groups are saddened by the decision of the Malaysian Human Rights Commission (SUHAKAM) not to hold a Public Inquiry or continue with investigations on the Sabri Umar’s, the Indonesian migrant worker’s case of wrongful detention, wrongful charging, wrongful conviction and sentencing, and illegal whipping despite there being a pending appeal. The rights violations sadly were brought about by, amongst others, the Malaysian police, Immigration authorities, Deputy Public Prosecutors, the Tawau Sessions Court and the Prison.

Sabri’s case, which was well documented, would have given the opportunity to SUHAKAM to also come out with recommendations for better human rights-based practice by the Malaysian authorities and personnel in dealing with cases involving migrant workers in Malaysia.

SUHAKAM can bravely investigate as cases filed are not on subject matters complained about

SUHAKAM’s justification for its decision is based on Section 12(2) of The Human Rights Commission of Malaysia Act 1999, which states that ‘The Commission shall not inquire into any complaint relating to any allegation of the infringement of human rights which- (a) is the subject matter of any proceedings pending in any court, including any appeals; or (b) has been finally determined by any court.’

However, it must be noted that the previous SUHAKAM in 2018 did not allow the fact that there was a related case in court stop it from investigation, or doing a public inquiry. The question really should be to see that the matters in the said court case are DIFFERENT from the matters before SUHAKAM. SUHAKAM must proceed with investigation and hold the Public Inquiry.

In January 2018, the Human Rights Commission of Malaysia (SUHAKAM) had ceased the inquiry into the enforced disappearance of Pastor Koh as a suspect, one Lam Chang Nam, had been charged in court in relation to the case. However, in May 2018, SUHAKAM said that the inquiry into Koh's disappearance would continue after concluding that the subject matter of Lam's case and the public inquiry was “not the same”. (Star, 26/8/2018).

Likewise, in the Sabri’s case, the subject matter of the Complaint/Petition by 47 parties to SUHAKAM dated 10/8/2022, where the subject matter of the petition included, amongst others,

# Wrongful detention from 5/4/2022 to 19/4/2022, without the legally required Magistrate’s orders noting that Sabri was arrested as a suspect of a crime, not an immigration offence.

# Wrongful charging, conviction and sentencing of Sabri for being illegally present in Malaysia, when it is a fact that Sabri was a documented migrant worker, with a valid Immigration issued Social Visit Temporary Employment Pass;

# Wrongful whipping (5 strokes), when the law prohibits whipping when an appeal is pending, and an appeal was pending in Sabri’s case

# Wrongful Imprisonment; and

# Torture whilst in police custody

The High Court case (No: TWU-21NCvC-5/8-2022) was primarily to get an interim court order to allow Sabri to remain in Malaysia until his quest for justice was completed, noting that all avenues of redress and courts that have the jurisdiction to deal with complaints and cases of Sabri’s rights violation are in Malaysia. The application was a matter of urgency, as the Malaysian Immigration Department seems determined to make Sabri, a poor migrant worker, to leave Malaysia thus making it very difficult for Sabri to get justice. There were delays in issuance of consecutive Special Passes, and when issued the reason stated was to make arrangement to leave Malaysia, not the purpose for which Sabri applied for the monthly Special Pass. The first two passes were just for 2 weeks, not the usual one month. Sabri, according to law, had appealed to the Minister against the Immigration’s decisions, but to date, the Minister to date, after months, has yet to communicate his appeal decision. This High Court suit also sought a Court Order for the Minister to speedily give his appeal decision, for without the Minister’s decision, Sabri is denied the right to file a Judicial Review in court. As such, this is clearly not the ‘subject matter’ of the SUHAKAM complaint.

The 2^nd case the SUHAKAM used as justification, is the case about claim for reinstatement by reason of wrongful dismissal. The law states that this claim need to be filed within 60 days from termination. This case finally has been referred to the Industrial Court.

It was clear in the SUHAKAM Petition, that we did not want to look into the issue of wrongful termination, but on other issues – ‘‘The matter of wrongful termination, and the quest for reinstatement is before the Industrial Department, and soon will be before the Industrial Court. As such, we want SUHAKAM to look specifically at the wrongful arrest, wrongful detention in police custody, the wrongful charging, wrongful conviction, wrongful imprisonment, and the wrongful whipping, all of which was caused by the action/omission, intentionally or otherwise, by the police, prosecutors, immigration department, prison department and the session court, possibly with the involvement of the employer…’.

Surely SUHAKAM did not want workers to abandon claim of wrongful dismissal for SUHAKAM to be investigate and conduct a Public Inquiry on human rights violations.

Therefore, we call on SUHAKAM to reconsider their decision communicated vide letter dated 28/10/2022, and act as SUHAKAM did in 2018, to continue to investigate Sabri’s case, and even do a Public Inquiry, which will certainly benefit all migrant workers in Malaysia, and more importantly ensure more human-rights based practices by the relevant officers and public authorities in Malaysia.

No Apology – And Sabri Under Threats to Abandon Claims Against Government

To date, Malaysia and/or the various relevant officers or department have yet to even apologize to Sabri, or even offer any compensation for the miscarriage of justice suffered by Sabri.

Sabri bin Umar, sadly have also been under much pressure from various quarters to not lodge complaints or pursue claims against the Malaysian government, its Ministries/Departments or its officers.

Indonesian Government for justice for Sabri or not?

Sadly, even certain officer/s in the Indonesian Consulate, according to Sabri, also did inadvertently exert such pressures, possibly in their personal capacity, and not as representatives of the Indonesian government.

On 22/9/2022, when Sabri went with the Consulate Officers to apply for a new Special Pass, which the Immigration said that they needed time to consider the application, one Indonesian Consulate officer then took Sabri to the port to return to Indonesia. Sabri informed the Sabah Timber Industry Employees’ Union (STIEU) in time, and when the Indonesian Consulate was notified, she speedily instructed the said officer/s to return with Sabri to the Consulate.

However, without prior information by the Indonesian Consulate to the Union and/or the lawyer, Sabri left Malaysia on 23/9/2022 with assistance of Consulate officers. The Immigration Department, reasonably at this point of time was still considering the application to issue the Special Pass.

The Union then did send a letter seeking clarification as to why this had happened, but to date there has yet to be a response from the Indonesian Ambassador in Kuala Lumpur, or the Indonesian Consulate in Tawau.

This raises suspicions as to whether the Indonesian government may also have taken the position of discouraging victim Sabri Umar’s quest for justice against the Malaysian human rights violators.

When the Indonesian government/lawyer failed, the Union stepped in for Sabri

After Sabri was arrested on 5/4/2022, wrongfully convicted and sentenced, Sabri’s Union, Sabah Timber Industry Employees’ Union (STIEU) verily believed that the Indonesian Consulate and their lawyer would do the needful fast to get Sabri acquitted and released from prison.

It was only after mid-June, when Sabri still continued to languish in prison and was illegally whipped, did STIEU, with assistance of BWI-AP start playing a more active role in investigating the delay in dealing with Sabri’s miscarriage of justice. Relevant documents were procured from the authorities, court and other sources. Support from groups, Human Rights Defenders(HRDS) and lawyers were sought to assist. The first, of many Joint Statements was issued by 46 Groups dated 19/7/2022 entitled Sabri, Migrant Worker Wrongfully Whipped Before Appeal Heard, and received media coverage.

Initially, the strategy employed was to advise the Indonesian Consulate and its lawyer was to correct mistakes made, and so what needed to done fast, but there was procrastination and reluctance.

Fortunately, when the facts of the case were highlighted, it came to the attention of the High Court Judge in Tawau, who then instructed the then Sabri’s lawyer to file the needed application/documents, and Sabri was set free on Revision on 22/7/2022.

After release, finding the then lawyer wanting, STIEU and others came in to assist Sabri in his quest for justice, including identifying new lawyers to file and argue his case/s in the Sabah Courts, the filing of complaint/petition to SUHAKAM, lodging needed complaints and seeking needed clarifications from relevant authorities. We are thankful for the lawyers that assisted including other lawyers of the Sabah Law Society and the Malaysian Bar.

Sabri left Malaysia but will return to fight

Sabri’s return to his hometown in Bone, Indonesia, allegedly to visit his sick mother, have now made it difficult for him to get the right to stay in Malaysia until his quest for justice is over. He will now have to enter Malaysia, and leave with social visit pass expires, and thereafter re-enter the country. Each trip back to his hometown and return to Malaysia will cost him a lot of time and monies, something that a poor migrant worker will not be able to do without assistance.

Sadly, officers of the Indonesian Consulate and other lawyers have also been attempting to ‘steal away’ Sabri related cases from STIEU and the current legal team, The motives are unclear, but there ais the possibility that it may be get Sabri to abandon the claims against the government and its officers, or for some other unknown motive.

Sabri, in a recent communication with his Union, indicated that he still wants the Union and his current legal team to continue fighting for him, and we hope that Malaysia and Indonesian government will allow this and help facilitate Sabri’s struggle against miscarriage of justice, and not allow the violators of Sabri’s rights to escape justice.

Poor Access for Justice for Migrant Workers in Malaysia – Bad law/policy/practice

Migrant workers in Malaysia currently face laws, policies and practices of the Malaysian government that denies access to justice and redress, given that avenues that must be used is in Malaysia only.

For example, in a claim of unpaid wages and violation of other worker rights, the law states that claim/complaint need to be filed in a Malaysian Human Resource Department, who will thereafter set a date for further inquiry/investigation which the migrant worker needs to physically attend, and a failure to attend will result in the case/complaint/claim being dropped.

Likewise, for wrongful dismissal cases, which have to be filed at the Malaysian Industrial Relations Department. In terms of court cases, it all need to be filed and proceeded in Malaysia – as only the Malaysian courts have jurisdiction to hear and determine the cases of rights violations that happened in Malaysia.

Courts and avenues for redress in the country of origin simply do not have the jurisdiction to hear and decide on such cases on worker rights or human rights violation.

Sadly, for the migrant worker, once his employment comes to an end, the current law, policy and practice of the Immigration Department is to get the migrant worker to leave Malaysia, if not he/she will be forcibly repatriated/deported. The fact of whether the migrant worker has an outstanding claim or case against employer, police or others is not taken into consideration by the Immigration authorities or the Malaysian government.

No Repatriation Until Migrant Worker Ends Quest For Justice

There have been proposals before from many quarters, that the Immigration does not repatriated migrant workers until after they have obtained a Certificate from the Human Resource Department confirming that there are no pending claims of worker rights violations, and a Certificate from the police confirming that there are no cases pending that requires the presence of the migrant worker but to date, these suggestions have not been taken up by Malaysia.

Thus, this open the door to more human rights or worker rights violations against migrant workers by employers and others, who know that it is almost impossible for migrant workers to claim or enforce their rights after they leave Malaysia.  The current law/law/policy and practice sadly tend to encourage human rights violation against migrant workers.

Sabri’s case highlights this issue, as we saw the Malaysian Immigration Department try to ‘force’ Sabri to leave, despite the fact that the human rights violations have already been highlighted and publicized. All 3 Special passes were issued for Sabri to date was to make arrangement to leave Malaysia, not for the purpose of pursuing justice even after cases have been filed/commenced and a petition/complaint had been filed at SUHAKAM.

Recent events also make us concern about Indonesia, as it seems that nation State from where the rights violated migrant hails from, seems not even concerned and supportive to ensure their citizen’s rights are protected, and if violated, the migrant can fight for his rights against perpetrators to get justice. When a migrant worker loses even support from his country of origin, it is a sad state of affairs. Indonesia may have ‘blacklisted’ Sabri’s past employer, but they must do more and not shy away when the alleged violators are Malaysian government officers.

A poor migrant worker alone, without even his own country’s support, facing all kinds of threats and external pressure simply may remain a victim with no real option for redress, or getting justice against the human rights violators. Worse still, when the said perpetrators are the Malaysian government, its Ministries/Departments/Institutions and its public officers. Malaysia, if committed to human rights, must have acted the ability of migrants, whose rights are violated, to pursue justice in Malaysia.

Change laws and practice to demonstrate Malaysia truly respects human rights

Malaysia must change its laws, policies and practices to ensure that migrant workers that help the Malaysian economy must also have the means and capacity to pursue justice through the Malaysian Courts and other avenues of justice in Malaysia. Special or other Passes that allow migrant workers to stay and work legally until their quest is over must be created and made available if Malaysia is truly for human rights. Malaysia must avoid the perception of being seen as a country promoting trafficking of human persons, by making actions against perpetrators of rights most difficult especially for the poor migrant worker.

Countries of Origin Must Not Tolerate Rights Violations of Its Nationals in Malaysia

Likewise, countries of origin like Indonesia where migrant workers come from must actively protect the rights of their migrant worker who contribute much to their country. This must include strengthening the capacity and ability of their citizens, as migrant workers, to fight for justice in Malaysia when migrant’s rights are violated. To not do so means give the impression that these countries of origin are simply not bothered if the rights of their citizen migrant workers are violated in Malaysia.

We call on Malaysia and Indonesia to allow and assist rights violated Sabri, and other migrant workers, to be able to pursue justice in Malaysia.

We call on Sabri bin Umar to remain strong and committed in his pursuit of justice against all human rights violators in Malaysia, despite the numerous threats that he has been facing. His case and eventual victories will certainly benefit all migrant workers in Malaysia.

Charles Hector

Apolinar Z Tolentino, Jr.

Khamid Istakhori

 

For and on behalf of the 38 groups listed below

ALIRAN

Building and Wood Workers International (BWI) Asia Pacific Region

MADPET (Malaysians Against Death Penalty and Torture)

Sabah Timber Industry Employees Union (STIEU)

WH4C (Workers Hub For Change)

Serikat Buruh Kerakyatan (SERBUK) Indonesia

Badan Eksekutif Mahasiswa Sekolah Tinggi Hukum Indonesia Jentera (BEM STHI Jentera)

Black Women for Wages for Housework

Federasi Kebangkitan Buruh Indonesia (FKUI), Indonesia

Federasi Kehutanan, Industri Umum, Perkayuan, Pertanian dan Perkebunan, Indonesia

Federasi Gabungan Solidaritas Perjuangan Buruh (FGSPB), Indonesia

Federasi Serikat Buruh Merdeka (FSBM), Indonesia

Federasi Serikat Pekerja Bandara Indonesia (Indonesian Airport Worker Federation) /FSPBI

Federasi Serikat Buruh Persatuan Indonesia (FSBPI)

Haiti Action Committee

International Women's Rights Action Watch Asia Pacific (IWRAW Asia Pacific)

Kanal Muda (Student Movement from Yogyakarta), Indonesia

Koalisi Buruh Migran Berdaulat (KBMB)

Labour Law Reform Coalition (LRRC), Malaysia

Lembaga Bantuan Hukum (LBH) Semarang, Indonesia

North South Initiative(NSI)

Pacific Womens Indigenous Network (Pacific Win), New Zealand

Payday Men’s Network (UK)

Persatuan Sahabat Wanita Selangor

Persatuan Komuniti Prihatin Selangor & KL

Sabah Plantation Industry Employees Union (SPIEU)

Serikat Pekerja PT PLN (Persero) Indonesia (SPPLNI)

Teoh Beng Hock Trust for Democracy, Malaysia

Union of Forestry Department’s Employees Sarawak ( UFES ) Malaysia

William Gomes Podcast, UK

Women of Color/Global Women’s Strike, US/UK

Yayasan Lembaga Bantuan Hukum Indonesia (YLBHI)

International Domestic Workers Federation (IDWF)

Persatuan Pekerja Rumah Tangga Indonesia Migran (PERTIMIG)

Association of Nationalist Overseas Filipino Workers in Malaysia (AMMPO)

Domestic Caretaker Union (DCU) Taiwan

Forum Komunikasi Buruh Bersatu D.I. Yogyakarta - Jawa Tengah (FORKOM BB DIY-JATENG)

Federasi Serikat Pekerja Mandiri (FSPM) Regional DIY-Jawa Tengah

 

               

Suhakam inquiry into disappearance of Pastor Raymond Koh to resume on Aug 27

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By RASHVINJEET S.BEDI

• Nation

• Sunday, 26 Aug 2018

  3:20 AM MYT

PETALING JAYA: The Suhakam inquiry into the disappearance of Pastor Raymond Koh (pic) is scheduled to resume on Monday (Aug 27) afternoon, after an almost eight-month hiatus.

In January, the Human Rights Commission of Malaysia (Suhakam) had ceased the inquiry as a suspect had been charged in court in relation to the case.

Suhakam commissioner Datuk Mah Weng Kwai, who is leading the inquiry, had cited Section 12(3) of the Human Rights Commission of Malaysia Act, which states that it should "immediately cease" an inquiry if the allegation becomes the subject matter of any court proceeding.

The public Suhakam inquiry into Koh’s case was put on hold as a 31-year-old part-time driver Lam Chang Nam claimed trial to extorting Koh’s son, Jonathan Koh Szu Hao.

Lam was charged under Section 385 of the Penal Code with extorting RM30,000 from Jonathan for the release of his father.

However in May after the general elections, Suhakam said that the inquiry into Koh's disappearance would continue after concluding that the subject matter of Lam's case and the public inquiry was “not the same”.

The inquiry is being held under Section 12(1) of the Human Rights Commission of Malaysia Act in connection with the disappearances of Koh, social activist Amri Che Mat, Pastor Joshua Hilmi and his wife, Ruth Sitepu.

The inquiry into the other disappearances will go on as scheduled.

Koh, 62, was abducted by a group of men along Jalan SS4B/10 in Petaling Jaya on Feb 13, 2017 while on his way to a friend's house.

CCTV footage, believed to be of the incident, showed at least 15 men and three black SUVs involved in the abduction, which was done in "professional" style.

Koh's silver-coloured car bearing the number plate ST5515D has still not been found. - Star, 26/8/2018