Caning doesn’t deter illegals (Star)

The Malaysian Bar has already called for the abolition of whipping and corporal punishment...and it has been pointed yet again in the recent Star report that whipping is not a deterrent...

They come because there is work here -- and the real persons that should be targeted are the employers - not these persons who coming looking for work to support themselves and their families.

The law says that employers will also be whipped --- but are we not surprised that no employer has yet to be whipped. At the same time

Tuesday July 22, 2008 (Star Online)

Caning doesn’t deter illegals

KOTA KINABALU: As many as 4,326 illegal immigrants jailed, caned and deported have been found back in Sabah.

Sabah Immigration Department director Datuk Baharon Talib said some of them had been deported up to seven times but they keep coming back.

He said these immigrants who were rearrested between 2004 and June this year were found working at plantations, mills, workshops and restaurants.

Baharon, who was responding to calls for locals found guilty of employing illegal immigrants to be caned, said that there had been no caning imposed on employers.

However, he said several companies were charged or fined by the courts for not paying the levies.

Calls for more stringent action against those who employ illegal immigrants have been growing in the state.

LAWYERS UNANIMOUS IN CALL FOR THE DEMISE OF RELA ...

LAWYERS UNANIMOUS IN CALL FOR THE DEMISE OF RELA AND THE USAGE OF ONLY PROFESSIONAL LAW ENFORCEMENT PERSONELL IN MALAYSIA

The Malaysian Bar at its 17^th March 2007 Annual General Meetings unanimously called for the end of RELA, the Volunteer Peoples’ Corp, which have attracted much public outcry in the way that they have been going after both Malaysians and migrants. There have been allegations of torture and even the causing of death by volunteer RELA personnel, who also received payment of RM80-00 for each undocumented migrant they managed to catch.

The Bar’s Resolution called for the repeal of the Emergency (Essential Powers) Act 1979 and all Regulations and Rules made there under, in particular Essential (Ikatan RELAwan Rakyat) Regulations 1966 [P.U. 33/1966], as amended by the Essential (Ikatan RELAwan Rakyat) (Amendment) Regulations 2005, also for the employment and usage of only properly trained professional law enforcement personnel in Malaysia as opposed to the RELA volunteers.

The Resolution also called for inquests be conducted for Ahmad Apik, Edy Sathurrohman and for the other persons who have died as result of alleged RELA actions.

By virtue of the Essential (Ikatan RELAwan Rakyat) (Amendment) Regulations 2005, which came into operation on 1 February 2005, the powers of the Rela, have been dangerously over-extended giving RELA personnel the right to bear and use firearms, stop, search and demand documents, arrest without a warrant, and enter premises without a warrant. and all these powers can be exercised the RELA personnel has reasonable belief that any person is a terrorist, undesirable person, illegal immigrant or an occupier. Illegal immigrant and occupier (which would be Malaysians usually) was added on by this 2005 amendment.

These not-professionally trained volunteers has also now been accorded protection by the new amendments whereby it is stated that "…The Public Authorities Protection Act 1948 shall apply to any action, suit, prosecution or proceedings against the Ketua Pengarah Ikatan RELAwan Rakyat, Timbalan Ketua Pengarah Ikatan RELAwan Rakyat or any member of the Ikatan RELAwan Rakyat in respect of any act, neglect or default done or committed by him in good faith or any omission omitted by him in good faith, in such capacity."

Revoke All 4 Existing Proclamations Of Emergency

Lawyers in Malaysia were also unanimous in their call upon the Yang Di Pertuan Agong to revoke all 4 existing Proclamations of Emergency in Malaysia, for the repeal all legislations and Acts that were enacted and continue to be in force by reason of the now existing unrevoked Proclamations of Emergency including the Emergency (Public Order and Prevention of Crime) Ordinance 1969 and the Essential (Security Cases) Regulations 1975.

Since independence, five states of emergency have been declared under Article 150 of the Federal Constitution. The first was the only one to have been revoked. The remaining four are still in operation. The second state of emergency was proclaimed in September 1964 when the country was faced with a campaign of violence from Indonesia. Although the threat ceased within less than two years, the state of emergency was never revoked.

The next state of emergency was declared on 14 September 1966 following the dismissal of the Chief Minister of the state of Sarawak. No violence - or threat of violence - resulted from the crisis. The government nevertheless proclaimed an emergency, confined to Sarawak. And although the crisis was soon resolved, the state of emergency has not been revoked.

The fourth proclamation came on 15 May 1969 following large-scale rioting and racial violence in the capital, Kuala Lumpur, during a general election. The violence led to several hundred casualties. As a result, further elections were postponed and parts of the Constitution suspended. Normalcy was restored soon - the legislature was reconvened and normal constitutional government restored in February 1971. However, the state of emergency has yet to be revoked.

On 8 November 1977, the fifth Emergency, limited to the state of Kelantan, was declared following a political crisis.

Humane Treatment for ALL

The Malaysian Bar asked that all persons including undocumented migrants and/or refugees be treated humanely and accorded equal protection of the law.

Malaysia, who is a party to the April 1999 BANGKOK DECLARATION ON IRREGULAR MIGRATION, which clearly states “Irregular [undocumented] migrants should be granted humanitarian treatment, including appropriate health and other services, while the cases of irregular migration are being handled, according to law. Any unfair treatment toward them should be avoided” must adhere to its commitments.

It was also stressed in the Resolution, that all persons, be they citizens or otherwise, are guaranteed by our own Malaysian Federal Constitution to equal protection of the law.

Ratification of International Conventions

The Malaysian Bar also called on the Malaysian government to immediately ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families and also the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Charles Hector

Petaling Jaya

18^th March 2007

2 Workers Dead & 10 seriously injured in Industrial Accident at Work Place

Recently on 10/1/2006, it was reported that one Malaysian & one Burmese worker were killed, and 12 other Indian Migrant Workers were seriously injurded when a scaffolding at the construction site(their workplace) collapsed. They were hit by the slabs, which fell from the seventh level. Twelve slabs, each weighing about 50 kgs, were said to have fallen from a platform on the scaffolding.

The dead are 52-year-old Malaysian Liew Wan Chew and Myanmar national Boi Nei Tang, 35. The injured have been identified as Balraj Singh, 21, Pretap Singh and Arjan Singh both 22, Aman Singh, 23, Kala Singh and Gurbachan Singh, both 24, Salam Khan, 25, Subash Kumar, 26, Gurnam Singh, 30, Jamuna Prasad, 33, Rampal Singh, 37 and Kashmeer Singh, 40. Except for Salam who is from Bangladesh, the rest are from Punjab, India.

The police says that it is a case of sudden death ("Dang Wangi OCPD Asst Comm Mohammad Zulkarnain said the police have classified the case as sudden death" - a bit too fast for a conclusion, is it not - was there thorough investigation done before hand..and what does that "sudden death" mean) - BUT the question is whether any criminal action will be taken against the said employers and/or the developers.

The question is whether the Employers will be fined and/or required to pay any compensation to these workers. It was sad to note that the Minisiter, was seen to listen to the briefing of the by developer Pavilion Kuala Lumpur Sdn Bhd - strange that he did not seem to have gotten any briefing from any Occupational Health and Safety inspectors. A stop-work order was issued BUT for how long. Will there be an investigation into the incident, and will the said Developer and persons involved in the constructions be penalized.

The questions that arise:-

1) Have the Occupational Health and Safety Officers been doing visits to construction sites to ensure that working condirtions are safe for the workers on a regular basis? It is not enough only to come in when there is an industrial accident that receives the attention of the media. Looking at construction sites, and comparing it with some other countries like Hong Kong, it can be seen that the Malaysian worksites are not as safe as those. In Hong Kong, safety netting covers the whole of the building and there is very little (or no) risk of any brick falling and other things falling. It all looks so safe.

2) 2 died and 12 were injured but the Developer seem to be more concerned about completing the work done - which they said was only 6 weeks away from completion. Now, will the government do a thorough investigations and ensuring that all requirements to ensure safety is complied with is in place before revoking the stop-work order OR will the stop-work order be revoked in a few days time after the issue is no more a hot topic in the media. Has work already started.

3) What are the benefits that these migrant workers will get? Are they covered by SOCSO and/or Workman's Compensation Act? Was all the said Migrant Workers documented workers? If they were not, would they receive any compensation at all - for after all it was not too long ago that some undocumented Indonesian migrant workers were declared to be not entitled to receive their wages because they were undocumented. What about these 1 Migrant Worker and the 12 others who were injured - are they documented or not? And if they are documented with the relevant government department ensure that they get their due compensation as the law requires - or just keep quite and not make any payment out because these workers did not take the necessary steps to put in for their claims (After all Migrant Workers are not part of any Unions and many are ignorant about the law and/or how to make the necessary applications for compensation). Note some of the injured also may be not able to work anymore - and would the employer just terminate them - and not pay them for the months that could not work (or the remaining period of their work permit)? Many may just want to get back to their country - and the employer would get off scot-free, and the SOCSO and Workmen's Compensation also may just forget them.

4) Would the Company - its Directors and its shareholders be penalized and also charged for reckless killing of another (or murder or some other offence in the law) - or will they again get off scott-free. They must be penalized and also charged in court - and this will also serve as a warning so that other employers/developers would thereafter make sure that safety at the workplace is at its highest standards. Would the said Developer be "black-listed" - of course not just the company BUT also the Directors (if not that same group of Directors, CEO and COO etc will just go away and set up another company and escape the intention of the "black-listing").

5) Lifes were lost and persons were injured - but alas the coverage by the local media was dismal and in fact foreign media had more details about what happened and who got killed/injured.

6) Several years ago a Sudanese young man, who came to Malaysia to study, was killed by electrocution at the workplace (i.e. the Putrajaya Mosque) - and sadly this never received media attention - and in fact the incident was also not reported to the Labour Ministry. The boys family is yet to receive any monies from Workmen's Compensation. How many more migrant workers (documented or otherwise) have been similarly killed and/or injured at worksites - and have just not gotten reported, and even if the case was reported or was in the knowledge of the Ministry have not been given even the required workmen's compensation as required by law. Migrants are also human beings - and it must be the duty of the government, be it the Ministry or the police force, to ensure that they get whatsoever compensation as required by law and that the developers/employers be penalized for their negligence that caused the death of workers.

This case, like most other cases involving the ordinary man, will just be forgotten - BUT it is hoped that the Ministry and the police do the necessary to ensure that JUSTICE be done.

Selected reports from the local media, and also some foreign media about the incident is as follows. The source has been the internet version of these media - not the print media version.

STAR
Two dead, 10 injured when scaffolding collapses
Update by The Star newsdesk KUALA LUMPUR:

Two died and 10 others were injured when a scaffolding they were standing on collapsed at a construction site in Jalan Bukit Bintang around noon on Wednesday.

Four of those injured are in critical condition.

The two dead workers were a Malaysian and Myanmar. Dang Wangi OCPD Asst Comm Mohamad Zulkarnain bin Abdul Rahman, who was at the scene of the incident, said the two died when they construction material fell onto their heads after they landed on the ground.

The injured workers were sent to Kuala Lumpur Hospital.

The workers were standing on a platform on the metal scaffolding about 15m above the ground when it collapsed.

Eleven Indians injured in Malaysia
Press Trust of India Thursday, January 11, 2007 (Kuala Lumpur):

Two people were killed and 11 Indians injured, some of them seriously, when a scaffolding with several slabs of granite and construction materials plunged 15 metres to the ground in the Malaysian capital.

The accident took place at the construction site of a swank condominium-cum-botique hotel complex in downtown Kuala Lumpur on Wednesday.

One of the dead was a Malaysian national while the other was from Myanmar.

The Indians were all reported to be from Punjab who had come to Malaysia to work as construction site workers.

They were on the ground floor when the scaffolding crashed on them. Four of the injured were reported to be in a serious condition.

One of the injured workers, 22-year-old Rampal Singh whose arm got fractured was quoted by the New Straits Times as saying that he had managed to jump clear just before the slabs hit the ground.

"I am returning to India when I recover," Singh said. Seven of the injured are still at the hospital.

Work suspended

The two dead people were in a lift outside the second level of the building when they were hit by the slabs, which fell from the seventh level.

Twelve slabs, each weighing about 50 kgs, were said to have fallen from a platform on the scaffolding, the report said.

Work has been suspended at the Pavilion Kuala Lumpur project site by authorities. Human Resources minister Fong Chan Onn said he would not compromise on safety at construction sites.

The Kuala lumpur Department of Occupational Safety and Health director Omar Piah said 17 people died at construction sites in the city and at the administrative capital of Putrajaya last year.

The incidents happened at 10 construction sites, he was quoted by the media as saying. One of the accidents that hit media headlines here last year was the death of a management consultant who was killed when a 720 kg concrete mould fell on him from a 20th floor of a partly completed complex.

Star, Thursday January 11, 2007
Two die in scaffolding mishap, KUALA LUMPUR:

Two men were killed and 12 others injured when an upper-level scaffolding with several granite slabs collapsed and hit them. Police said the scaffolding could have collapsed from the weight of the slabs, each weighing about 50kg.

The tragedy occurred at 12.30pm yesterday at the 5ha construction site of the Pavilion Kuala Lumpur, a residential cum boutique hotel project, in Jalan Bukit Bintang here.

Dangling scaffolding: Workers and passers-by looking up at part of the collapsed scaffolding left in mid-air after the 12.30pm mishap which killed two workers.

The dead are 52-year-old Malaysian Liew Wan Chew and Myanmar national Boi Nei Tang, 35.

It is believed that the two were in a lift outside the second level of the building when were hit by the slabs, which fell 15m from the seventh level.

Twelve slabs, each weighing about 50kg, were said to have fallen from a platform on the scaffolding.

The falling slabs also injured 12 workers who were on the ground floor. Four of them are in serious condition. The injured have been identified as Balraj Singh, 21, Pretap Singh and Arjan Singh both 22, Aman Singh, 23, Kala Singh and Gurbachan Singh, both 24, Salam Khan, 25, Subash Kumar, 26, Gurnam Singh, 30, Jamuna Prasad, 33, Rampal Singh, 37 and Kashmeer Singh, 40. Except for Salam who is from Bangladesh, the rest are from Punjab, India.

At press time, Balraj Singh, Gurbachan Singh, Subash Kumar, Salam Khan, Arjan Singh, Rampal Singh and Kashmeer Singh were still warded in Kuala Lumpur Hospital.

Dang Wangi OCPD Asst Comm Mohammad Zulkarnain said the police have classified the case as sudden death. When met at the Kuala Lumpur Hospital mortuary, Lim's wife, who declined to be named, demanded action to be taken against those responsible.

Related Stories: Deaths the second fatal incident in five months

Star Thursday January 11, 2007
Deaths the second fatal incident in five months KUALA LUMPUR:

The death of two workers from falling granite slabs at the Pavilion Kuala Lumpur project site was the second fatal accident in five months. A stop-work order has been issued on the project.

Human Resources Minister Datuk Seri Dr Fong Chan Onn said a worker died in August last year after he was hit by a piece of wood that fell from a scaffolding. “The fact that there had been two accidents within five months shows some degree of non-compliance or a lapse in the system,” he told reporters after inspecting the accident site and a briefing by developer Pavilion Kuala Lumpur Sdn Bhd yesterday. Dr Fong said an immediate stop-work order had been issued on the residential cum boutique hotel project. “The scaffolding may have given way due to overloading,” he said. During the briefing, Pavilion executive director Y.S. Liew said the project was just six months away from completion. He said the workers had been installing tiles on the outer part of the building when the incident occurred.

In a faxed statement, Pavilion and its sub-contractor Putra Perdana Construction Sdn Bhd expressed regret over the incident and extended their condolences to the families of the deceased workers.

Two dead, 10 hurt when scaffolding collapses at Malaysian site
dpa German Press Agency Published: Wednesday January 10, 2007 Kuala Lumpur-

A Myanmar construction worker and his Malaysian colleague were killed when a 15-metre high scaffolding they were on collapsed Wednesday in the heart of Malaysia's capital Kuala Lumpur. Ten other workers at the construction site in the city's major tourist and shopping area were injured in the accident.

The two victims, a 50-year old local worker and the 35-year old Myanmarese national, died from severe head wounds, said district police chief Muhammad Zulkarnain Abdul Rahman.

Out of the injured, six were said to be in critical condition, Muhammad Zulkarnain was quoted as saying by the official Bernama news agency. The nationalities of the injured, who have been sent to a nearby hospital. have not been confirmed, he said.

In the noon incident, the cables of the metal scaffolding was believed to have given way due to overloading.

Work on the site has been temporarily halted until investigations are conducted.

© 2006 dpa German Press Agency

BANGKOK DECLARATION ON IRREGULAR MIGRATION

BANGKOK DECLARATION ON IRREGULAR MIGRATION

We. the Ministers and representatives of the Governments of Australia, Bangladesh, Brunei Darussalam, Cambodia, China, Indonesia, Japan, Republic of Korea, Lad DPR, Malaysia, Myanmar, New Zealand, Papua New Guinea, the Philippines, Singapore, Sri Lanka, Thailand, and Vietnam, as well as the Hong Kong Special Administrative Region (hereinafter referred to as "the participating countries and Region"), meeting at the invitation of the Royal Thai Government in Bangkok on 23 April 1999, on the occasion of the International Symposium on Migration, held on 21-23 April 1999, under the chairmanship of H.E. Bhichai Rattakul, Deputy Prime Minister of Thailand, to address the question of international migration, with particular attention to regional cooperation on irregular/undocumented migration:

1. Realizing that international migration is a complex phenomenon which is rooted in human history and is closely associated with social and economic aspirations of each country and region;
2. Recognizing that the process of globalization and liberalization, including the increasing interdependence of economies, has contributed to large flows of people in the Asia-Pacific region, thus providing both opportunity and challenge for governments in the region;
3. Noting that both the supply (push) factor and demand (pull) factor from concerned countries have led to the outflow of migrants from the countries of the region;
4. Being aware that international migration, particularly irregular migration, has increasingly become a major economic, social, humanitarian, political and security concern for a number of countries in the Asia-Pacific region;
5. Noting with concern that the ongoing financial and economic crisis in many Asian countries has led to rising unemployment and other social problems, and has had differing impacts on irregular migrants and on the countries of origin, transit and destination;
6. Noting further that the periodical natural disasters in some Asian countries badly affect their economies and lead to rising unemployment and irregular migration;
7. Gravely concerned by the increasing activities of transnational organized criminal groups and others that profit from smuggling of and trafficking in human beings, especially women and children, without regard to dangerous and inhumane conditions and in flagrant violation of domestic laws and international standards;
8. Underlining that comprehensive, coherent and effective policies on irregular/undocumented migration have to be formulated within the context of a broader regional framework based on a spirit of partnership and common understanding;
9. Noting that over 65 percent of the world’s poorest people live in the Asia-Pacific region, hence poverty and differences in level of development among countries in the region remain important causes of irregular migration;
10. Noting that there is a number of international conventions and instruments dealing with humanitarian issues relating to migration;
11. Respecting the sovereign rights and legitimate interests of each country to safeguard its borders and to develop and implement its own migration/immigration laws, and also recognizing the obligation of the country of origin to accept its nationals back, and the obligation of the countries of transit and destination to provide protection and assistance where appropriate, in accordance with their national laws;
12. Recognizing the important role and contribution of regional consultative mechanism, such as the Asia Pacific Consultations on Refugee, Displaced Persons, and Migrants, and the Manila Process, on issues relating to irregular migration;
13. Noting with appreciation the participation of countries from various regions, United Nations bodies and specialized agencies, intergovernmental organizations, as well as non-governmental organization, in sharing their views and experiences in dealing with migration issues;
14. Noting with appreciation the participation of countries from various regions, United Nations bodies and specialized agencies, intergovernmental organizations, as well as non-governmental organizations, in sharing their views and experiences in dealing with migration issues;
15. Noting also with appreciation the discussion papers prepared by the Institute for Population and Social Research, Mahidol University, and the International Organization for Migration (IOM), which provided useful points of discussion and recommendations for the management of irregular migration;
16. Acknowledging with gratitude the timely initiative of H.E. Dr. Surin Pitsuwan, Minister of Foreign Affairs of Thailand, the dynamic chairmanship of H.E. Bhichai Rattakul, Deputy Prime Minister of Thailand, as well as the excellent arrangements provided by the Royal Thai Government, with the valuable support of the IOM;

Declare as follows:

1. Migration, particularly irregular migration, should be addressed in a comprehensive and balanced manner, considering its causes, manifestations and effects, both positive and negative, in the countries of origin, transit and destination;
2. The orderly management of migration and addressing of irregular migration and trafficking will require the concerted efforts of countries concerned, whether bilaterally, regionally or otherwise, based on sound principles of equality, mutual understanding and respect;
3. Regular migration and irregular migration should not be considered in isolation from each other. In order to achieve the benefits of regular migration and reduce the costs of irregular migration, the capacity of countries to manage movement of people should be enhanced through information sharing and technical and financial assistance. In this context, UNITAR, UNFPA, and IOM, joint sponsors of the International Migration Policy and Law Course (IMPLC), are invited to hold, in the near future, a course for middle to senior government officials from the region;
4. A comprehensive analysis of the social, economic, political and security causes and consequences of irregular migration in the countries of origin, transit and destination should be further developed in order better to understand and manage migration;
5. As the causes of irregular migration are closely related to the issue of development, efforts should be made by the countries concerned to address all relevant factors, with a view to achieving sustained economic growth and sustainable development;
6. Countries of origin, a well as countries of transit and destination, are encouraged to reinforce their efforts to prevent and combat irregular migration by improving their domestic laws and measures, and by promoting educational and information activities for those purposes;
7. Donor countries, international organizations and NGOs are encouraged to continue assistance to developing countries, particularly the least-developed countries, in the region aimed at poverty reduction and social development as one means of reducing irregular migration;
8. The participating countries and region should be encouraged to pass legislation to criminalize smuggling of and trafficking in human beings, especially women and children, in all its forms and purposes, including as sources of cheap labor, and to cooperate as necessary in the prosecution and penalization of all offenders, especially international organized criminal groups;
9. The participating countries and Region should exchange information on migration legislation and procedures for analysis and review, with a view to increasing coordination to effectively combat migrant traffickers;
10. The countries of origin, transit and destination are encouraged to strengthen their channels of dialogue at appropriate levels, with a view to exchanging information and promoting cooperation for resolving the problem of illegal migration and trafficking in human beings;
11. Greater efforts should be made to raise awareness at all levels, including through public information campaigns and advocacy, of the adverse effects of migrant trafficking and related abuse, and of available assistance to victims;
12. Concerned countries, in accordance with their national laws and procedures, should enhance cooperation in ascertaining the identity of undocumented/illegal migrants who seemingly are their citizens, with a view to accelerating their readmission;
13. Timely return of those without right to enter and remain is an important strategy to reduce the attractiveness of trafficking. This can be achieved only through goodwill and full cooperation of countries concerned. Return should be performed in a humane and safe way;
14. Irregular migrants should be granted humanitarian treatment, including appropriate health and other services, while the cases of irregular migration are being handled, according to law. Any unfair treatment toward them should be avoided;
15. The participating countries and Region should each designate and strengthen a national focal point to serve as a mechanism for bilateral, regional and/or multilateral consultations and cooperation on questions of international migration;
16. A feasibility study should be conducted on the need to establish a regional migration arrangement, linked to existing international bodies, to provide technical assistance, capacity building and policy support as well as to serve as an information bank on migration issues for the countries in the Asia-Pacific region. The countries in the region are meanwhile encouraged to utilized and strengthen the already existing bilateral and multilateral arrangements;
17. The participating countries and Region will follow-up on the above mentioned issues of irregular migration at the political and senior official levels in ways which may be deemed appropriate;
18. This documents shall be given the widest publicity and dissemination possible to encourage governments, non-governmental organizations, the private sector and civil society to join in a collective regional effort to alleviate the adverse effects of irregular migration and to prevent and combat trafficking of human beings, especially, women and children.

Bangkok, THAILAND

23 April 1999