Letter to the Minister of Health : Detention Places, Deaths, Leptospirosis

15^th November, 2009

Minister of Health
Kementerian Kesihatan Malaysia
Block E1, E6, E7 & E10, Kompleks E,
Federal Government Administrative Centre,
62590 Putrajaya, MALAYSIA

Dear Sir,

We have recently been informed that 2 Burmese Migrants, who were detained at the Lenggeng Detention Centre recently died at the Seremban Hospital by reason of disease. We seek clarification as to what was the said disease? Was it again Leptospirosis.

One of the deceased was allegedly Aung Myo Lwin [Camp Body Number: 22157], who died on 22/10/2009. Hospital did not say what disease he died from. He was buried on 29/10/2009. The other deceased was allegedly buried on 28/10/2009.

Please find enclosed also a Joint Statement of 21 organizations and groups, from all over the world, dated 25/9/2009, entitled “Leptospirosis Causes Death Of Another 6 Burmese In Detention In Malaysia - Denial Of Healthcare Is A Violation Of Right To Life”

We are concerned about the report of recent deaths of 6 migrants at the KL International Airport (KLIA) depot.

We note that this is the 2nd time that this is happening. In May 2009, 2 persons in the Juru Detention Centre, in Penang, Malaysia. We refer you to our earlier letter dated 25/5/2009, which also enclosed the Joint Statement of 113 organizations and groups, from all over the world, dated 23/5/2009, entitled “Death Of 2 Burmese Indicative Of State Of Detention Places In Malaysia - Denial Of Healthcare Is A Violation Of Right To Life” [To date, 127 organisations have endorsed this statement]

The statement speaks for itself, and if there is need for further information and clarification, feel free to contact us [Charles Hector (chef@tm.net.my) or Pranom Somwong (Bee) (p_somwong@yahoo.com) at 019-237100/300]

Kindly acknowledge receipt, and we expect your response. We note sadly that there was no response to our letter of 25/9/2009, and wish to state that this reflects very badly on your good self, the Ministry of Health and the government of Malaysia. As such, we hope that you will take the time to respond this time.

We would like to know whether there was an investigation conducted by the Ministry and/or its departments as cause of the contamination that resulted in the death by Leptospirosis.

We would also appreciate statistics as to the number of deaths of detainees in places of detention, and the causes of the deaths.

With regard to Leptospirosis, we would like the Malaysian statistics of persons infected by Leptospirosis and the number of deaths, and also the same statistics with regard to prisons, detention centers of undocumented migrants.

We would also like to know the steps being taken by the Government of Malaysia, your Ministry, the Public Health Department and/or other relevant bodies to ensure proper hygine, cleanliness, and most importantly how prompt and effective healthcare is to be provided at places of detention to prevent unnecessary deaths.

If you are unable or unwilling to provide the said information, kindly revert to us as to the reasons why. We hope that you will promptly respond to this letter.

Thank you.

In solidarity,

Charles Hector

For and on behalf of the organizations that have endorsed the said Statements.

Lot 3585A, Kampung Lubuk Layang,
Batu 3, Jalan Mentakab,
28000 Temerloh,
PAHANG, Malaysia
Tel: 019-2371 100/300

26 Groups :- LEPTOSPIROSIS CAUSES DEATH OF ANOTHER 6 BURMESE IN DETENTION IN MALAYSIA - DENIAL OF HEALTHCARE IS A VIOLATION OF RIGHT TO LIFE

Joint Statement - 25/9/2009 (Updated on 5/11/2009)

LEPTOSPIROSIS CAUSES DEATH OF ANOTHER 6 BURMESE IN DETENTION IN MALAYSIA

DENIAL OF HEALTHCARE IS A VIOLATION OF RIGHT TO LIFE

We are shocked and disappointed to hear that another six Burmese migrants have died while in detention in Malaysia because of a suspected waterborne disease. Leptospirosis is caused by exposure to water contaminated by animal urine, like rat urine. (Straits Times, 25/9/2009, Migrants die in detention/ Associated Press, 24/9/2009).

From our investigation, the names of 3 of those who have died are So Thein [Prison Body number 0853, Block B1, Ethnicity: Burman, Age: 36], Min Khaing [Body number 5009, Ethnicity: Karen, Age: 23] and Min Nown [Ethnicity: Arkan, Age: 28]. The other 3 are of Chin ethnicity. It seems that the deaths happened in August.

This time the deaths seem to have occurred at the Detention Centre at the KL International Airport (KLIA) depot. The Straits Times report states that an official had informed them that ‘…the detainees likely contracted the disease in another centre. They were transferred together with some 700 others after a riot there...’. In an earlier report (Star, 24/7/2009), it was stated that ‘…some 700 Myanmar illegal immigrants involved in a ruckus at the Semenyih immigration depot early this month have been moved to the department’s KL International Airport (KLIA) depot…’

It must be noted that this is not the first case of death by reason of Leptospirosis. Sa La Hin, 26, and Thang Hoih Ping, 21, two Burmese migrants, died in the Malaysia ’s Juru Immigration Detention Centre from Leptospirosis in May 2009. 127 civil society groups and organizations responded vide a joint statement entitled ‘Death Of 2 Burmese Indicative Of State Of Detention Places In Malaysia - Denial Of Healthcare Is A Violation Of Right To Life’.

Complaints were also lodged with the Malaysia’s Human Rights Commission (SUHAKAM), Malaysian Prime Minister Dato' Sri Mohd Najib Bin Tun Haji Abdul Razak,, Minister of Home Affairs Datuk Seri Hishammuddin Tun Hussein, and the Minister of Health Dato' Sri Liow Tiong Lai,

After that Leptospirosis outbreak in the Juru Detention Centre in Penang in May, the Immigration Director-General Abdul Rahman assured us that the cleanliness and hygiene at immigration depots nationwide will be stepped-up to ensure safety of staff and inmates there against contracting infectious diseases (Bernama, 19/5/2009).

SUHAKAM also vide letter dated 16/7/2009 had informed us that they had met with the Director General of Immigration on 4/6/2009, and amongst others, had recommended that ‘… as a measure to control contagious diseases to ensure that all immigration detention centres should have a doctor or medical officer in line with international requirements, and that cleanliness of detention centres should be taken care of.’

It must also be borne in mind that last year SUHAKAM identified medical care as an overriding reason why 1,300 detainees have died over the past six years, and had made recommendations to the government. At present the 22 centres throughout Malaysia do not have a permanent clinical dispensary manned by doctors or a medical assistant to help detainees. (ABC News, 28/5/2009)

In May 2009, it was reported that about 26 were admitted to hospital following a Leptospirosis outbreak in the Juru Detention Centre, and they survived, and this leads us to believe that prompt access to healthcare can avoid death. It is shocking that in this recent case, 6 have died. What is more disturbing is that there seem to have been no reported disclosure by the Malaysian authorities on this. We still do not know the number of detainees that have been affected this time.

This is a disease caused by exposure to water contaminated with the urine of infected animals, and is very rarely propagated through contact with affected persons. Question must be raised as to how detainees in an enclosed detention centre are contracting this disease. Are they being affected through the food and water supplied by the detention centres? Are the detention centres having a rat infestation problem?

After the recent deaths and outbreak in the Juru Detention Centre, one would have expected the Malaysian government to have taken immediate steps to ensure that there are no more cases of Leptospirosis outbreak and deaths. We wonder also whether the authorities took a lackadaisical attitude, and did not even conduct a thorough investigation to determine the source of the contamination that caused that outbreak. Results of such investigations will not only determine liability, but would also ensure that further deaths from Leptospirosis could be avoided.

We, the undersigned, call on the Malaysian Human Rights Commission (SUHAKAM) to immediately commence a public inquiry into these deaths and detention places generally, and come up with concrete recommendations which could be implemented that will improve state of cleanliness, hygiene and healthcare of all detention places in Malaysia. It was sad that SUHAKAM decided not to carry out a public inquiry after the Juru deaths in May.

We are also call upon the Ministry of Health and the government of Malaysia to conduct a thorough investigation into the cause of this Leptospirosis outbreak, which is reported to have already resulted in 6 deaths.

We also call for the resignation of Immigration Director-General Abdul Rahman, considering that this is second reported case of deaths by reason of Leptospirosis at Immigration Detention Centres within the last 4 months.

The Malaysian government must take necessary action to ensure that proper steps be taken so that such disregard for life does not happen again.

With regard to those who have died, their family and/or dependents should be given adequate compensation by the persons responsible, the detaining authority and the Malaysian government.

Officers and persons responsible for the acts or omissions that resulted in death and suffering should be charged and prosecuted for these crimes. They should not be permitted to hide behind safeguards provided to public servants, which unfortunately only promotes culture of impunity with no sense of responsibility and respect for human life.

Charles Hector

Pranom Somwong

Tun Tun

For and on behalf of the 26 organizations/groups listed below:-

Asian Migrant Centre (AMC)

Burma Campaign, Malaysia

Clean Clothes Campaign -International Secretariat

Committee To Protect Vietnamese Workers

Coordination of Action Research on AIDS & Mobility (CARAM - Asia)

FIDH - International Federation for Human Rights

Khmer Kampuchea Krom Human Rights Organizatio (Cambodia)

Legal Support for Children and Women (LSCW) Cambodia

MADPET (Malaysians against Death Penalty and Torture)

Malaysian Trades Union Congress (MTUC)

MAP Foundation, Thailand

Mekong Migration Network (MMN)

Mekong Ecumenical Partnership Program-MEPP

Migrant Forum in Asia (MFA)

National League for Democracy [NLD (LA)], Malaysia

Network of Action for Migrants in Malaysia (NAMM)

Nepal Institute of Development Studies (NIDS) Nepal

Parti Rakyat Malaysia (PRM)

Persatuan Kesedaran Komuniti Selangor

Persatuan Masyarakat Malaysia & Wilayah Persekutuan (PERMAS)

Pusat Komas

The Shan Refugee Organization (SRO) Malaysia

Thai Action Committees for democracy in Burma (TACDB)

The Action Network for Migrants (ANM) Thailand

WARBE Development Foundation, Bangladesh

Workers Hub for Change (WH4C)

Letter to SUHAKAM - Healthcare & Death of Migrants in Detention Centres

16th November, 2009

THE HUMAN RIGHTS COMMISSION OF MALAYSIA
Level 29, Menara Tun Razak
Jalan Raja Laut
50350 Kuala Lumpur

Dear Sir,

We have recently been informed that 2 Burmese Migrants, who were detained at the Lenggeng Detention Centre recently died at the Seremban Hospital by reason of disease. We seek clarification as to what was the said disease? Was it again Leptospirosis.

One of the deceased was allegedly Aung Myo Lwin [Camp Body Number: 22157], who died on 22/10/2009. Hospital did not say what disease he died from. He was buried on 29/10/2009. The other deceased was allegedly buried on 28/10/2009.

Please find enclosed also a Joint Statement of 21 organizations and groups, from all over the world, dated 25/9/2009, entitled “Leptospirosis Causes Death Of Another 6 Burmese In Detention In Malaysia - Denial Of Healthcare Is A Violation Of Right To Life”

We are concerned about the report of recent deaths of 6 migrants at the KL International Airport (KLIA) depot.

We note that this is the 2nd time that this is happening. In May 2009, 2 persons in the Juru Detention Centre, in Penang, Malaysia. We refer you to our earlier letter dated 25/5/2009, which also enclosed the Joint Statement of 113 organizations and groups, from all over the world, dated 23/5/2009, entitled “Death Of 2 Burmese Indicative Of State Of Detention Places In Malaysia - Denial Of Healthcare Is A Violation Of Right To Life” [To date, 127 organisations have endorsed this statement]

The statement speaks for itself, and if there is need for further information and clarification, feel free to contact us [Charles Hector (chef@tm.net.my) or Pranom Somwong (Bee) (p_somwong@yahoo.com) at 019-237100/300]

Kindly acknowledge receipt, and we expect your response.

We note sadly that there was no response to our letter of 25/9/2009 to the Minister of Health, and wish to complain about the inaction and lack of response of the Minister of Health, and the government of Malaysia.

We would like to know whether there was an investigation conducted by the Ministry and/or its departments as cause of the contamination that resulted in the death by Leptospirosis.

We would also appreciate statistics as to the number of deaths of detainees in places of detention, and the causes of the deaths.

With regard to Leptospirosis, we would like the Malaysian statistics of persons infected by Leptospirosis and the number of deaths, and also the same statistics with regard to prisons, detention centers of undocumented migrants.

We would also like to know the steps being taken by the Government of Malaysia, your Ministry, the Public Health Department and/or other relevant bodies to ensure proper hygine, cleanliness, and most importantly how prompt and effective healthcare is to be provided at places of detention to prevent unnecessary deaths.

SUHAKAM has the requisite authority to visit places of detention, and to inquire into this matter. Attention is also drawn to the Aljazeera 101 East program that highlighted the bad conditions of Detention Centres for undocumented migrants that was screened on 15/11/2009.

It is time for SUHAKAM to hold a public inquiry, and to thereafter make concrete recommendations to the Malaysian government, and the relevant Ministries/Departments as to what need to do with regard to healthcare and the general state of detention places. The obligation to investigate root causes of diseases like Leptospirosis, and to do the needful to take action against those responsible for the conditions that led to inmates getting sick need to be stressed. The obligation of the Ministry of Health, and the Public Health Department to ensure continuous cleanliness and hygiene of places of detention must be stressed. The obligation to inform about the nature of the disease that has caused death to the deceased family/friends and the public should also be stressed.

We also would like SUHAKAM’s response and action with regard to this matter. We appreciate SUHAKAM’s letter dated 16/7/2009 in response to the Juru deaths.

A prompt response would be appreciated.

Thank you.

In solidarity,

Charles Hector
For and on behalf of the organizations that have endorsed the said Statements.

Lot 3585A, Kampung Lubuk Layang,
Batu 3, Jalan Mentakab,
28000 Temerloh,
PAHANG, Malaysia
Tel: 019-2371 100/300

* Note a letter was also sent again to the Minister of Health, which was copied to the Prime Minisiter of Malaysia and SUHAKAM (Malaysia's Human Rights Commission)

Bar Council: Deaths of migrants in prisons, rehabilitation and detention centres

Malaysian Bar Council
Press Release

Deaths of migrants in prisons, rehabilitation and detention centres

The Malaysian Bar is disturbed about the high number of migrants who have died while in custody.

In July 2009, the Dewan Rakyat was told that some 2,029 persons died in prisons, rehabilitation centres and immigration detention centres between 2002 and 1 June 2009. More recently SUHAKAM Commissioner Datuk Siva Subramaniam was quoted as saying that 1,300 foreigners died in detention within the past six years. The Dewan Rakyat figure would mean that an average of one migrant dies in custody almost every day!

The authorities should conduct a thorough investigation to identify the underlying causes for this large number of deaths. Brushing off these deaths as being due to illness, asthma or suicide is unacceptable. When individuals are placed in custody and denied their freedom of movement, the detaining authority is responsible for their well-being and care. The detaining authority has a duty of care towards all such individuals, which is a responsibility that should be taken very seriously.

In the event of a death, the questions that should be asked include whether the death could have been avoided, and whether the authorities were negligent in fulfilling their duty of care.

In order to address the worrying situation of deaths of migrants in custody, we call on the authorities to:

i. Take greater care to regularly monitor the health of all those in custody, especially those held in immigration detention centres. This will involve conducting regular medical check-ups and allowing the detainees easier access to medical personnel and facilities;
ii. Give serious attention to health-related complaints made by the detainees;
iii. Conduct an inquest each and every time there is a death in custody;

iv. Reprimand and take disciplinary action against all staff members who, through neglect or indifference, fail to prevent a death from occurring;
v. Give lawyers and family members greater access to detainees and detention centres; and
vi. Monitor those in custody more carefully, including the use of closed-circuit surveillance and more regular patrols.

In addition, one concrete step to reduce instances of neglect and abuse and to improve conditions in detention centres is to set up a Board of Visitors in each and every detention centre. The establishment of such Boards, which would have the power to conduct unannounced visits, will demand greater accountability from the system. It will compel the detaining authorities to upgrade their facilities, become more transparent in their operations and be more vigilant regarding what is happening within the detention centres.

The reports of deaths of migrants in custody are not new. Migrants, especially those in custody, are extremely vulnerable. They are more cut off from their families and community than Malaysians held in custody, hence there is an urgent need to take immediate measures to ensure that their welfare is protected and nothing untoward happens to them.

The Malaysian Bar also reiterates its call for open inquests to be held promptly and expeditiously to determine the cause of death of any person in custody.

The litmus test of how civilised we are as a nation is measured by the treatment we accord those who are most defenseless and vulnerable among us.

Dato’ M. Ramachelvam
Chairperson
Law Reform and Special Areas Committee
Bar Council

18 November 2009

____________________________________

No. 13, 15 & 17, Leboh Pasar Besar, 50050 Kuala Lumpur, Malaysia
Tel: 03-2031 3003 (Hunting Line) Fax: 03-2034 2825, 2026 1313, 2072 5818
E-mail: council@malaysianbar.org.my
Website: http://www.malaysianbar.org.my

---

2 more Burmese migrants in detention have died

Well, we have been informed that 2 more Burmese migrants in detention have died of disease. But what disease? Was it again Leptospirosis.

One of the deceased was allegedly Aung Myo Lwin [Camp Body Number: 22157]., who died on 22/10/2009. Hospital did not say what disease he died from. He was buried on 29/10/2009.

The other deceased was allegedly buried on 28/10/2009.

The 2 detainees was allegedly from the Lengeng Detention Centre, and they were taken to the Seremban Hospital where they died.

Remember that 6 other Burmese recently died of Leptospirosis at the KLIA Depot Detention Centre. This was an AFP Report, which was reported in the Singapore Straits Times. See Joint Statement dated 25/9/2009 in earlier post,LEPTOSPIROSIS CAUSES DEATH OF ANOTHER 6 BURMESE IN DETENTION IN MALAYSIA DENIAL OF HEALTHCARE IS A VIOLATION OF RIGHT TO LIFE

Recall also that 2 other Burmese detainees died of Leptospirosis at the Juru Detention Centre. See Joint Statement dated 23/5/2009 , 126 groups:- Death of 2 Burmese Indicative of State of Detention Places in Malaysia - Denial of Healthcare Is a Violation of Right to Life

We have a right to be informed of disease outbreaks and deaths in places of detention in Malaysia.

There is a need for permanent clinics manned by at least one doctor to be set up at all places of detention. There must be immediate access to heathcare, and continuous monitoring by the public health authority to ensure people in detention do not die by diseases, that most likely may have been avoided by ensuring cleanliness and adequate healthcare.

LEPTOSPIROSIS CAUSES DEATH OF ANOTHER 6 BURMESE IN DETENTION IN MALAYSIA DENIAL OF HEALTHCARE IS A VIOLATION OF RIGHT TO LIFE

Joint Statement - 25/9/2009

LEPTOSPIROSIS CAUSES DEATH OF ANOTHER 6 BURMESE IN DETENTION IN MALAYSIA

DENIAL OF HEALTHCARE IS A VIOLATION OF RIGHT TO LIFE

We are shocked and disappointed to hear that another six Burmese migrants have died while in detention in Malaysia because of a suspected waterborne disease. Leptospirosis is caused by exposure to water contaminated by animal urine, like rat urine. (Straits Times, 25/9/2009, Migrants die in detention/ Associated Press, 24/9/2009).

From our investigation, the names of 3 of those who have died are So Thein [Prison Body number 0853, Block B1, Ethnicity: Burman, Age: 36], Min Khaing [Body number 5009, Ethnicity: Karen, Age: 23] and Min Nown [Ethnicity: Arkan, Age: 28]. The other 3 are of Chin ethnicity. It seems that the deaths happened in August.

This time the deaths seem to have occurred at the Detention Centre at the KL International Airport (KLIA) depot. The Straits Times report states that an official had informed them that ‘…the detainees likely contracted the disease in another centre. They were transferred together with some 700 others after a riot there...’. In an earlier report (Star, 24/7/2009), it was stated that ‘…some 700 Myanmar illegal immigrants involved in a ruckus at the Semenyih immigration depot early this month have been moved to the department’s KL International Airport (KLIA) depot…’

It must be noted that this is not the first case of death by reason of Leptospirosis. Sa La Hin, 26, and Thang Hoih Ping, 21, two Burmese migrants, died in the Malaysia’s Juru Immigration Detention Centre from Leptospirosis in May 2009. 127 civil society groups and organizations responded vide a joint statement entitled ‘Death Of 2 Burmese Indicative Of State Of Detention Places In Malaysia - Denial Of Healthcare Is A Violation Of Right To Life’.

Complaints were also lodged with the Malaysia’s Human Rights Commission (SUHAKAM), Malaysian Prime Minister Dato' Sri Mohd Najib Bin Tun Haji Abdul Razak,, Minister of Home Affairs Datuk Seri Hishammuddin Tun Hussein, and the Minister of Health Dato' Sri Liow Tiong Lai,

After that Leptospirosis outbreak in the Juru Detention Centre in Penang in May, the Immigration Director-General Abdul Rahman assured us that the cleanliness and hygiene at immigration depots nationwide will be stepped-up to ensure safety of staff and inmates there against contracting infectious diseases (Bernama, 19/5/2009).

SUHAKAM also vide letter dated 16/7/2009 had informed us that they had met with the Director General of Immigration on 4/6/2009, and amongst others, had recommended that ‘… as a measure to control contagious diseases to ensure that all immigration detention centres should have a doctor or medical officer in line with international requirements, and that cleanliness of detention centres should be taken care of.’

It must also be borne in mind that last year SUHAKAM identified medical care as an overriding reason why 1,300 detainees have died over the past six years, and had made recommendations to the government. At present the 22 centres throughout Malaysia do not have a permanent clinical dispensary manned by doctors or a medical assistant to help detainees. (ABC News, 28/5/2009)

In May 2009, it was reported that about 26 were admitted to hospital following a Leptospirosis outbreak in the Juru Detention Centre, and they survived, and this leads us to believe that prompt access to healthcare can avoid death. It is shocking that in this recent case, 6 have died. What is more disturbing is that there seem to have been no reported disclosure by the Malaysian authorities on this. We still do not know the number of detainees that have been affected this time.

This is a disease caused by exposure to water contaminated with the urine of infected animals, and is very rarely propagated through contact with affected persons. Question must be raised as to how detainees in an enclosed detention centre are contracting this disease. Are they being affected through the food and water supplied by the detention centres? Are the detention centres having a rat infestation problem?

After the recent deaths and outbreak in the Juru Detention Centre, one would have expected the Malaysian government to have taken immediate steps to ensure that there are no more cases of Leptospirosis outbreak and deaths. We wonder also whether the authorities took a lackadaisical attitude, and did not even conduct a thorough investigation to determine the source of the contamination that caused that outbreak. Results of such investigations will not only determine liability, but would also ensure that further deaths from Leptospirosis could be avoided.

We, the undersigned, call on the Malaysian Human Rights Commission (SUHAKAM) to immediately commence a public inquiry into these deaths and detention places generally, and come up with concrete recommendations which could be implemented that will improve state of cleanliness, hygiene and healthcare of all detention places in Malaysia. It was sad that SUHAKAM decided not to carry out a public inquiry after the Juru deaths in May.

We are also call upon the Ministry of Health and the government of Malaysia to conduct a thorough investigation into the cause of this Leptospirosis outbreak, which is reported to have already resulted in 6 deaths.

We also call for the resignation of Immigration Director-General Abdul Rahman, considering that this is second reported case of deaths by reason of Leptospirosis at Immigration Detention Centres within the last 4 months.

The Malaysian government must take necessary action to ensure that proper steps be taken so that such disregard for life does not happen again.

With regard to those who have died, their family and/or dependents should be given adequate compensation by the persons responsible, the detaining authority and the Malaysian government.

Officers and persons responsible for the acts or omissions that resulted in death and suffering should be charged and prosecuted for these crimes. They should not be permitted to hide behind safeguards provided to public servants, which unfortunately only promotes culture of impunity with no sense of responsibility and respect for human life.

Charles Hector

Pranom Somwong

Tun Tun

For and on behalf of the 23 organizations/groups listed below:-

Asian Migrant Centre (AMC)

Burma Campaign, Malaysia

Clean Clothes Campaign -International Secretariat

Coordination of Action Research on AIDS & Mobility (CARAM -Asia)

FIDH - International Federation for Human Rights

Khmer Kampuchea Krom Human Rights Organization (Cambodia)

Legal Support for Children and Women (LSCW) Cambodia

MADPET (Malaysians against Death Penalty and Torture)

MAP Foundation, Thailand

Mekong Migration Network (MMN)

Mekong Ecumenical Partnership Program-MEPP

Migrant Forum in Asia (MFA)

National League for Democracy [NLD (LA)], Malaysia

Network of Action for Migrants in Malaysia (NAMM)

Nepal Institute of Development Studies (NIDS) Nepal

Parti Rakyat Malaysia (PRM)

Persatuan Kesedaran Komuniti Selangor

Persatuan Masyarakat Malaysia & Wilayah Persekutuan (PERMAS)

Pusat Komas

The Shan Refugee Organization (SRO) Malaysia

Thai Action Committees for Democracy in Burma (TACDB)

The Action Network for Migrants (ANM) Thailand

Workers Hub for Change (WH4C)

For further information, please contact Charles Hector (chef@tm.net.my) or Pranom Somwong (Bee) (p_somwong@yahoo.com) at 019-2371 300, or Tun Tun at 016-2980784

Nepali Government takes stand that there will be no more deduction of wages of Nepali workers for LEVY.

LEVY - rightly, it is the employer that has to pay the levy.

BUT...if the worker agrees that his/her salary can be deducted to enable the employer to recover the amount the employer paid for levy, AND the Labour Minister of Malaysia gives a special permission that the said employer can deduct from the salary of the said workers the amount the employer had paid for levy.

What is sad is that the worker is forced to sign an agreement that he allows his salary be deducted for the employer to recover the wages paid before he gets employed...or as part of his/her employment condition. This is so wrong. The worker has no choice. Say 'No' to deduction of salaries, and you do not get employed. Say 'Yes' and you get employed.

Many workers do not even realize that they do have a choice in the matter... Can workers after they are employed write to the Labour Minister and say that they do not agree to their wages being deducted for the employer to recover the levy that the employer was required to pay for hiring a foreign worker? I believe that the worker can ...and the Labour Ministry/Department should cancel that special permission.

When does a worker become a worker? After there is a valid employment agreement... and after he/she has started working. Agreement for the employer to be able to deduct the worker's salary to recover the levy paid must come from the worker only at that stage... i.e. after he/she has started working. What do you think.

Why does the Ministry of Labour (Labour Department) give these special permissions for employers to be allowed to deduct wages of workers to recover the LEVY that the employer is made to pay for employing foreign workers (rather than local workers). The giving of that special permission for the deducting of wages makes a mockery of that very government policy that requires employers of foreign workers to pay levy for each and every foreign worker that the said employer employs.

Rather than give special permission for employers to deduct worker's wages, the government should just give special waiver for the payment of levy for certain workers. That would be so much more just. Now, Malaysian government partakes in the oppression of foreign workers by allowing these additional deductions.. Some migrant workers, do not get any pay for about 6 months or more because the employer is 'deducting wages...' for levy, etc...and Malaysian government has implicitly endorsed this practice... [The law stipulates that the maximum deduction cannot be more than 50% of the salary...so, how come employers get away with not paying salary for so many months?]

DEDUCTIONS FROM WAGES

24. Lawful deductions. (Employment Act 1955)

(1) No deductions shall be made by an employer from the wages of an employee otherwise than in accordance with this Act.

(2) It shall be lawful for an employer to make the following deductions:

(a) deductions to the extent of any overpayment of wages made during the immediately preceding three months from the month in which deductions are to be made, by the employer to the employee by the employer's mistake;

(b) deductions for the indemnity due to the employer by the employee under section 13(1);

(c) deductions for the recovery of advances of wages made under section 22 provided no interest is charged on the advances; and

(d) deductions authorized by any other written law.

(3) The following deductions shall only be made at the request in writing of the employee:

(a) deductions in respect of the payments to a registered trade union or co-operative thrift and loan society of any sum of money due to the trade union or society by the employee on account of entrance fees, subscriptions, instalments and interest on loans, or other dues; and

(b) deductions in respect of payments for any shares of the employer's business offered for sale by the employer and purchased by the employee.

(4) The following deductions shall not be made except at the request in writing of the employee and with the prior permission in writing of the Director General:

(a) deductions in respect of payments into any superannuation scheme, provident fund, employer's welfare scheme or insurance scheme established for the benefit of the employee;

(b) deductions in respect of repayments of advances of wages made to an employee under section 22 where interest is levied on the advances and deductions in respect of the payments of the interest so levied;

(c) deductions in respect of payments to a third party on behalf of the employee;

(d) deductions in respect of payments for the purchase by the employee of any goods of the employer's business offered for sale by the employer; and

(e) deductions in respect of the rental for accommodation and the cost of services, food and meals provided by the employer to the employee at the employee's request or under the terms of the employee's contract of service.

(5) The Director General shall not permit any deduction for payments under subsection (4)(e) unless he is satisfied that the provision of the accommodation, services, food or meals is for the benefit of the employee.

(6) Where an employee obtains foodstuff, provisions or other goods on credit from a shop the business of which is carried on by a co-operative society registered under the Co-operative Societies Act 1993, it shall be lawful for his employer, at the request in writing of the employee and with the agreement of the manager of the co-operative shop, to make deductions from the wages of the employee of an amount not exceeding the amount of the credit and to pay the amount so deducted to the manager in satisfaction of the employee's debt.

(7) Notwithstanding subsections (2), (3), (4) and (6) the Director General, on an application by an employer or a specified class or classes of employers, may permit any deduction for a specified purpose from the wages of an employee or a specified class or classes of employees subject to such conditions as he may deem fit to impose.

(8) The total of any amounts deducted under this section from the wages of an employee in respect of any one month shall not exceed fifty per centum of the wages earned by that employee in that month.

(9) The limitation in subsection (8) shall not apply to-

(a) deductions from the indemnity payable by an employer to an employee under section 13(1);

(b) deductions from the final payment of the wages of an employee for any amount due to the employer and remaining unpaid by the employee on the termination of the employee's contract of service; and

(c) deductions for the repayment of a housing loan which, subject to the prior permission in writing of the Director General, may exceed the fifty per centum limit by an additional amount of not more than twenty-five per centum of the wages earned.

[Subs. Act A1026]

Let it be made very clear that the person that is required to pay the levy is the EMPLOYER...not the worker. {As such, I do not see how the Director General of Labour can give special permission under this section to enable employers to cut workers' wages to recover the Levy that the employer of foreign workers had to pay...}.

It is good that the Nepal Government has made a strong stand that their workers are no longer going to pay levy on behalf of the employer.

The Department of Foreign Employment (DoFE) has stopped providing foreign employment permits to individuals who agree to pay a levy to the Malaysian government in their work contract.

Issuing a notice to all the associated stakeholders, the DoFE said that the decision had been effective since Sept. 15.

Mohan Krishna Sapkota, director general of the DoFE, said that as per the new decision of the Malaysian government, only the recruiting companies in Malaysia will be responsible for paying the workers' levy and it will not come out of their salary.

"Thus, no such contract agreeing to pay the levy by the workers themselves will be permitted," he said.

Malaysia, where around 400,000 Nepali migrant workers are working, made this decision last April.

According to the DoFE, it had stopped issuing approvals to such candidates after receiving the direction from the Nepal Embassy in Malaysia, which works to ensure the rights of workers and reduce their financial burden.

Foreign employment entrepreneurs said that the decision by the Malaysian government was praiseworthy as it helps reduce the financial burden of Nepali workers there.

Earlier, as per the labour contract signed between Nepal and Malaysia, Nepali workers had to pay Ringgit 100 as levy per month and the basic salary was only Ringgit 481.

Tilak Ranabhat, president of the Nepal Foreign Employment Agencies Association, said that the foreign employment agencies had been encouraged by this provision.

"Now Malaysia has also agreed to fix the basic salary at Ringgit 546," he said.
Malaysia has an estimated three million foreign workers from South Asia, including Nepal, India and Bangladesh and from neighbouring Indonesia, the Philippines and Thailand.

Kumud Khanal, managing director of Fusion International, a foreign employment consultancy, claimed that the Malaysian government had made the decision to attract more Nepali workers to the country as it started to receive less human resources from other major workforce supplying countries like Bangladesh and Indonesia.

He said that demand for workers in the furniture, food and plastics industries was increasing with the salary ranging between Ringgit 750 to 1,000. "These sectors have not been affected even during financial crisis," he said.

He said that it was the right time to send more qualified workers to Malaysia and lobby for further increasing the salary.

Meanwhile, the DoFE has also stopped issuing employment approvals for house maids and construction workers for Malaysia after the direction from the Nepal Embassy. Now onward, besides women applying for foreign employment in Malaysia, even individuals applying to work as security guards have to get their necessary documents attested by the Malaysian Embassy in Nepal. - Ekantipur.com, 18/9/2009, Nepalis in Malaysia not liable for levy