Showing posts with label Healthcare. Show all posts
Showing posts with label Healthcare. Show all posts

Friday, January 24, 2014

Foreign workers helped build Malaysia, let’s help them in return (The Ant Daily)


Foreign workers helped build Malaysia, let’s help them in return
   
Alyaa Alhadjri

PETALING JAYA: Much of Malaysia's physical development as a nation should be credited to the hard work of foreign workers. Yes, the nation owes them this much.

From the bygone era of Chinese tin miners and Indian rubber tappers to present-day Indonesian or Bangladeshi construction workers; all of them came to Malaysia in search of a better life by doing jobs that not many of our own were willing to do. 

To accuse them of being a "burden" to the country's healthcare system, without identifying or resolving the root causes of related problems, is grossly unfair. 

Labour activist Charles Hector Fernandez said there should not be any unpaid bills by documented foreign workers at government hospitals as they are insured under the Workmen’s Compensation Act 1952.

"The law is simple (but) the present problem is that employers are paying very little (in insurance premium) to the appointed companies. 

"The law also states that any excess charges (incurred by foreign workers) should be recovered from public funds," Fernandez told theantdaily.

The Workmen’s Compensation Act was amended in 2006, making it compulsory for all employers to insure their foreign workers under the Foreign Workers’ Compensation Scheme at the current annual premium of RM120. 

Failure to do so is an offence punishable with a fine not exceeding RM20,000 or imprisonment for a term not exceeding two years or both.

Fernandez noted that the problem is made worst by the fact that foreign workers are charged first class rates for treatment at government hospitals and there were cases where they personally could not afford to settle the bills. 

He was responding to DAP national assistant publicity secretary Teo Nie Ching who raised concerns over what she described as being the "hidden social costs" of hiring foreign workers.


The Kulai MP in a statement claimed that foreign workers have become a "burden" to the country's healthcare system due to their large amount of unpaid bills at government hospitals. 

"In Sabah alone, the unpaid bills by foreign workers have increased from RM21.54 million as at 2011 to RM40.9 million as at April 30, 2013," said Teo in urging the government to come up with a comprehensive plan to address such problems related to foreign workers.

On another issue, Fernandez also described it as "nonsense" for certain quarters to suggest that migrant workers is the cause of an increase in tuberculosis (TB) and other diseases in Malaysia as they are required to undergo two health screenings before being allowed to secure employment. 

"Employers should be held responsible for the working and living conditions of foreign labourers if they have contracted TB and other transmittable diseases.

"These (transmittable) diseases must now be classified as occupational diseases and the migrant worker should be adequately compensated to cover the treatment, and also the loss of earning opportunity when his employment period in Malaysia is suddenly shortened," said Fernandez.

In a posting on his blog, Fernandez cited a Dec 29 report quoting Deputy Health Minister Datuk Dr Hilmi Yahaya as saying that 20,000 out of 30,000 foreign workers brought into Malaysia had failed the health screening carried out by the ministry. 

Hilmi also reportedly said there were foreign workers who had passed the health screening carried out in their home countries but failed the test here.

"In such cases, the government should call for action to be taken against the recruitment agencies involved in sending workers to Malaysia for compromising the health-screening process," stressed Fernandez. 

He also urged the government to introduce a law to mandate a minimum standard of housing for foreign workers as a preventive measure against the spread of transmittable diseases. 

Instead of taking the easy way out by blaming foreign workers for various social problems in Malaysia, or launching sporadic crackdowns to weed out undocumented migrants, it is high time that the government come up with a cohesive plan to address fundamental issues that will not only benefit the workers, but also be in line with plans to be a developed nation within the next six years. - The Ant Daily, 8/1/2014, Foreign workers helped build Malaysia, let’s help them in return

Saturday, January 22, 2011

Shan Herald - Employers must pay all medical cost of workers....

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

Media Statement – 20/1/2011

We, the undersigned 53 organizations, groups and networks are appalled that the Malaysian Government is now asking about 1.5 million migrant workers themselves, and not their employers, to buy a new Foreign Workers Hospitalisation and Surgical Insurance. If these migrant workers do not do so, the Malaysian government is threatening not to renew their work permits. The Malaysian Health Minister, Datuk Seri Liow Tiong Lai, also stated that the worker’s work permits will not be renewed if there are outstanding hospital bills. [Bernama, 7/1/2011, Foreign Workers with Insurance May Enter Hospital without Deposit]

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

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

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

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

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

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

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

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

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

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

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

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

We, the undersigned groups, hereby:-
a) Call on the Malaysian Government to ensure that all employers of migrant workers, not just those that employ domestic workers and in the plantation sector, be liable to pay for this new Foreign Workers Hospitalisation and Surgical Insurance;
b) Call on the Malaysian government to ensure that no worker would be made liable to pay for the conveyance to hospital, treatment, ward charges, medicines and other expenses following a work-related accident and/or for some occupational disease.
c) Call on the Malaysian government to repeal Maximum Amounts for Fees and Costs (PU (A) 077/2007), and ensure that employers of migrant workers be liable to pay reasonable amounts consistent with the rates imposed by the government for medical care and treatment of migrant workers at government hospitals.
d) Urge the Malaysian government to review and remove the differential rates being charged for Malaysians and other foreigners, especially migrant workers, at government hospitals and healthcare facilities.
e) Urge the Malaysian government to review the policy of ‘No Treatment until Production of Passport and payment of deposits”, and ensure that all who needs medical treatment and care are immediately given the said required care that will prevent loss of life and/or limbs.


Charles Hector
Pranom Somwong

For and on behalf of the following 53 organizations

Aliran
Archdiocesan Human Development Commission (AHDC)
Asia Pacific Forum on Women , law and Development ( APWLD )
Asian Migrant Centre(AMC)
Association for Community Development-ACD, Bangladesh
Building and Wood Workers’ International Asia Pacific Regional Office (BWI-APRO)
Burma Campaign Malaysia
Cambodian Defenders Project (CDP), Cambodia
Cambodian Human Rights and Development Association (ADHOC)
Cambodian League for the Promotion and Defense of Human Rights (LICADHO)

CCC Netherlands
Center for Orang Asli Concerns (COAC), Malaysia
Civil Right committee, Kuala Lumpur & Selangor Chinese Assembly Hall
Committee of Asian Women, CAW
Democratic Party for New Society (DPNS), Burma
Health Equity Initiatives
Hsinchu Catholic Diocese Migrants and Immigrants Service Center (HMISC), Taiwan
IMA Research Foundation, Bangladesh
INFID, Indonesia
Judicial System Monitoring Program (JSMP), Timor Leste

Labour Behind the Label, United Kingdom
Legal Support for Children and Women(LSCW), Cambodia
MADPET - Malaysians against Death Penalty and Torture
Malaysian Trades Union Congress (MTUC)
Manggagawang Kababaihan Mithi ay Paglaya (MAKALAYA), Philippines
MAP Foundation, Thailand
Mekong Migration Network (MMN)
Metal Industry Employees’ Union, Malaysia
Migrant Care, Indonesia
Migrant Health Association, Korea

Migrante International
Migrants Rights Council, India,
Myanmar Youth Knowledge Initiative
Network of Action for Migrants in Malaysia (NAMM)
NGOs in Myanmar Web Portal
PACOS Trust
Penang Office for Human Development (POHD)
Persatuan Kesedaran Komuniti Selangor (Empower)
Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS)
Pusat Komas

Sarawak Dayak Iban Assocoation
Solidaritas Perempuan (Women's Solidarity for Human Rights), Indonesia
Suara Rakyat Malaysia (SUARAM), Malaysia
Thai Committee for Refugees (TCR)
Think Centre, Singapore
Transient Workers Count Too (TWC2), Singapore
UNI Global Union-Malaysia
Verite Southeast Asia
Vietnam Committee on Human Rights, France
WARBE Development Foundation-Bangladesh

WIRDA (Women Institute for Research Development and Advancement)
Women's Legal and Human Rights Bureau, Inc. (WLB), Philippines
Workers Hub for Change (WH4C)

For further information, please contact Charles Hector ( chef@tm.net.myThis e-mail address is being protected from spambots. You need JavaScript enabled to view it or easytocall@yahoo.comThis e-mail address is being protected from spambots. You need JavaScript enabled to view it ) or Pranom Somwong (Bee) ( p_somwong@yahoo.comThis e-mail address is being protected from spambots. You need JavaScript enabled to view it ) at 019-2371 300.

Saturday, January 15, 2011

Migrant Workers should not be charged 1st class rates at government hospitals in Malaysia

Did you know that foreigners, including migrant workers, are charged 1st class rates when they go to government clinics and hospitals? Malaysian government treats migrant workers as 'medical tourist' and is reaping great profits from them.

I believe that migrant workers, for whom annual levy have been paid by employers, and who is really helping in the development of our country should not be charged at the same rate as other foreigners and/or medical tourists are being charged. They should be charged at the same rate as Malaysians.
The other category of persons that should be charged at the same rate as Malaysians are foreign spouses of Malaysians.

It may be alright to charge foreigners a higher rate for medical treatment and care, but then, would it not be better that they are all charged the same. When Malaysians go overseas, would we not be wanting to be charged at the same rate that they are charging the local especially when we go to government/public hospitals. [With regard the private hospitals, they should be allowed to charge what they want - and I am wondering why the Malaysian government is interfering on the rates charged by private medical care providers]

In Thailand, there is a government scheme than enables Thais to even go to private hospitals and be charged the same low rate that they are being charged at government hospitals - maybe our Malaysian government should explore this possibility...

Back to migrant workers who are being charged 1st class rates, here are some information that I just recently obtained at the government hospital. The governing Act is Akta Fee 1951 (Fee Act 1951), and the rates now is as per Perintah Fee (Perubatan) 1982 [Fee(Medical) Order 1982]. Unfortunately I did not find this at our Health Ministry Website - or anywhere else. Should it not be freely available to the public?

First the payment required by Malaysians when they visit an hospital seeking treatment, it is RM1 if you are seeing a doctor, and RM5 if you are seeing a specialist. For the migrant worker, it starts with RM50 if you are seeing a doctor... more maybe if you are seeing a specialist.
Deposits Payable Where one requires to be warded
Then, the deposit payable by Malaysians who require to be warded, which depends on the type of treatment sought, i.e.Perubatan (Medical), Pembedahan(Surgery), Perbidanan/Sakit Puan (Maternity),...and then the whether one choses 1st Class, 2nd Class or 3rd Class.

Malaysians
Medical - RM700 (1st), RM200 (2nd), RM20 (3rd)
Surgery - RM1,100(1st), RM400(2nd), RM30 (3rd)
Maternity - RM800 (1st), RM350(2nd), RM15(3rd)
Pensioners - RM50(1A), RM40(1B), RM15(2nd), RM0 (3rd)
* Pensioners refer to those who are former public servants(a.k.a. government servants) - and sadly it just do not cover all elderly Malaysians above 55 yrs +

Foreign Nationals (including Migrant Workers)
Medical - RM1,400 (1st), RM600(2nd), RM400(3rd)
Surgery - RM2,200(1st), RM1,200(2nd), RM800(3rd)
Maternity - RM1,400(1st), RM1,000(2nd), RM800(3rd)

Well, for the Deposits where one needs to be warded, the charges is not exactly 1st class charges as seen above - but for all other charges, it will be 1st class charges...(In comparison, I have given the 3rd Class charges that Malaysians are charged)

Lab Charges
Foreigners (incl. Migrant Workers) RM5 - RM100 [depending on type of test]
*Malaysians RM2-RM25]

Surgery
Foreigners (incl. Migrant Workers) RM50 - RM3,000 [depending on type of surgery, A-F]
Malaysians RM10 - RM200

Ward Charges
Foreigners (incl. Migrant Workers) RM80/day
Malaysians Free - RM3

Delivery
Foreigners (incl. Migrant Workers) RM500[Normal Delivery] - RM1,000 [Cesarean]
Malaysians RM10[Normal Delivery] - RM100[Cesarean]

Ultra Sound
Foreigners (incl. Migrant Workers) RM100
Malaysians RM10 - RM50

Radiology Charges
Foreigners (incl. Migrant Workers) RM50 - RM600 (Depending on type, Z - AE]
Malaysians RM10 - RM120

Cardiology
Foreigners (incl. Migrant Workers) RM30 - RM250 (Depending on type)
Malaysians RM5 - RM50

Physiotherapy
Foreigners (incl. Migrant Workers) RM20 per session
Malaysians RM0 - RM5

Saturday, January 8, 2011

Minister say migrant worker who do not buy insurance/settle hospital bills will not get work permit renewed...

It is shocking that the Malaysian government is asking that migrant workers themselves, not their employers, to pay for their own Foreign Workers Hospitalisation and Surgical Insurance. The exception being employers of domestic workers, and those in the plantation sector. I believe that this is discriminatory - and there is no justification why not all employers are required to pay.

Secondly, are not migrant workers already covered by the Workmen’s Compensation Act 1952 (amended 1996)., which provide today coverage not only for accidents that happen at the workplace, but for all accidents anytime. The coverage also covers the cost of treatment, hospitalization, etc... and if what is provided for in is inadequate, possibly also by reason that migrant workers are charged 1st class rates at government hospitals and healthcare facilities, then the appropriate action would be to amend these laws to update the coverage so that it is sufficient to cover the exorbitant rate Malaysian government charges all foreigners, including migrant workers.

Since all forms of accidents are covered, and certainly all other forms of workplace related illness are covered, all that remain are sickness that are not workplace related. But, given that most migrant workers also stay in accommodations provided by their employers, hence employers should also be responsible to cover the cost of treatment of illness caused by close human contact and/or proximity, any which is by reason of poor accommodation conditions. Hence, rather than insisting on another insurance, it may be best to just expand the scope of the insurance already existing under the Workmen’s Compensation Act 1952 (amended 1996)..
If it is an industrial accident, are we saying that the worker is supposed to pay for it - and not the employer? This is absurd - for logically and reasonably, if it is an industrial accident, then the employer is duty bound to pay all monies to ensure immediate treatment, surgery, etc...

What is interesting is that migrant workers have no choice, and they are forced to buy this insurance only and not some other. And, if they do not, then their work permits will not be renewed... Why do they have the choice to buy some other insurance?

Now, if their outstanding bill is not settled, their work permit will not be renewed. Is the Minister talking about present 'outstanding bill', or future outstanding bill? Why should migrant workers suffer for the failings of an employer. An errant employer who may no longer need the services of a migrant worker, despite the fact that the initial agreement may have been for a couple of years more can simply not settle the medical bill - and the worker's work permit will not be renewed, and he will be sent back to the country of origin prematurely. [Some say, why can't the worker fight and claim for breach of contract...the short answer is money and the fact that any court/tribunal needs the complainant/claimant to be physically present for the case to proceed, and a migrant worker with no work permit do not have the right to stay legally in the country...]. On a platter, the government of Malaysia has just handed errant employers another method to wrongfully and unjustly get rid of the worker when their services are no longer needed.
Liow said that any outstanding hospital bill must be settled by the foreign worker concerned or his employer before a work permit can be renewed.
Another matter of concern, was the assertion that migrant worker needing medical attention need ONLY to produce his passport. But, this is a problem because in most case employers and/or agents illegally hold on to the passports of migrant workers. And despite the fact that the Malaysian law requires the migrant worker to be able to produce his/her passport on demand, failing which it will be an offence, resulting usually in immediate arrest, detention, etc.. - the Malaysian government shows no political will to stop this wrong. Passports are used like leashes to 'control' migrant workers.
"These foreign workers only need to produce their passport at the registration counter," Health Minister Datuk Seri Liow Tiong Lai said Friday.
I have knowledge of one case, where a worker who got injured in an industrial accident lost the usage of his fingers which could have been re-attached by surgery because the employer took time getting the passport and the required deposit to the hospital. Speed sometimes is essential for saving lives, limbs, etc - and it is hoped that Malaysian doctors and hospitals will not just stand by and see migrant workers die, or lose the opportunity of using one's hand by reasons like not having their passport, not having some medical insurance, not having enough money for deposit/treatment. Have we in Malaysia lost our humanity?

And the proposed insurance will cost the worker RM120, and the maximum coverage is RM1,000 according to the Bernama report attached. I just met a women migrant worker in Penang that took home about RM200 monthly wages, and so I wonder whether there is really any more money available to pay for insurance. Further, lowest deposit for a migrant worker who need to be warded is RM400, and if it was a surgical case, it is RM800-00. Operation charges can range from RM50 to RM3,000 depending on the type of operation. Ultrasound cost RM100. Radiology charges range from RM50-RM600. Lab charges range from RM5 to RM100 depending on the type of tests, and usually there will be quite a lot of tests needed. So, really do we think that RM1,000 coverage is sufficient? I believe that there are certain that there are other insurance policies in the market that provides better coverage...

It is also wrong to impose a new obligation to buy insurance on migrant workers already here and working in Malaysia. It could be done for new migrant workers - who then at least the opportunity whether they do want to come work in Malaysia or not.

Personally, I am of the opinion that all medical and healthcare charges should already have been borne by the Workmen’s Compensation Act 1952 (amended 1996) that now provides 24 hour coverage to the migrant worker. If the provisions do not provide enough payment for medical treatment at government healthcare facilities, then the Act needs to be amended. If sickness, i.e. not work related ailments and/or occupational diseases, are not covered maybe the scope of coverage should be covered. If there is be any additional insurance, then rightly it must be the employer who pays for it, and also for any medical charges over and beyond the coverage of the said insurance policy. If there outstanding medical bills, it must be the employer that is penalised by way of a fine or being 'blacklisted' from being to employ new migrant workers, the present migrant worker's work permit must never be held as ransom until outstanding payments are made. We are talking about human beings here - not some car or motorcycle.

KUALA LUMPUR, Jan 7 (Bernama) -- Employees covered by the Foreign Workers Hospitalisation and Surgical Insurance Scheme need not pay a deposit or produce a guarantee letter to be admitted to a government hospital.

"These foreign workers only need to produce their passport at the registration counter," Health Minister Datuk Seri Liow Tiong Lai said Friday.

This followed the implementation of the Foreign Workers Health Insurance Protection Scheme on Jan 1 which provides for cashless admission, he said in a statement.

The insurance scheme provides coverage of up to RM1,000 with premium payment of RM120 a year.

Liow said that employers of plantation workers and housemaids are required to finance the insurance policies while other foreign employees must pay for themselves.

The foreign workers are given three months to buy the insurance policies.

"For this group, the premium payment imposed by the insurance company will be based on the remaining period of validity of the work permit," Liow said.

"Those who fail to do this (buy insurance policies) will not be allowed to renew their work permits."

Employers who advance premium payments for their workers must seek permission from the head of the manpower department to deduct from employees' salaries.

Liow said that any outstanding hospital bill must be settled by the foreign worker concerned or his employer before a work permit can be renewed.

Liow said that 17 companies have agreed to take part in the scheme, 11 of them from Jan 1.

The 11 are AXA Affin General Insurance Bhd, Berjaya Sompo Insurance Bhd, Jerneh Insurance Bhd, Kurnia Insurans (Malaysia) Bhd, Malaysian Assurance Alliance Bhd, MUI Continental Insurance Bhd, Progressive Insurance Bhd, RHB Insurance Bhd, The Pacific Insurance Bhd and Tokio Marine Insurance (Malaysia) Bhd.

Allianz General Insurance Company (Malaysia) Bhd, QBE Insurance (Malaysia) Bhd, Overseas Assurance Corporation (M) Bhd and Syarikat Takaful Malaysia Bhd will start their policies on Feb 1 while Oriental Capital Assurance Bhd will begin theirs on Feb 15.

-- BERNAMA- Bernama, 7/1/2011, Foreign Workers With Insurance May Enter Hospital Without Deposit

Sunday, December 19, 2010

Make sure employers pay for new medical insurance for migrant workers

The idea of having medical insurance for workers is a good idea, as presently the Workmen's Compensation Act only deals with death and injuries arising from accidents, and occupational related diseases - but not other diseases.

The Workmen's Compensation (Foreign Workers' Compensation Scheme) (Insurance) Order 1998, extends coverage to personal injury(and death) that is sustained in an accident which occurs outside the working hours of the workman.

There is, however, no insurance that covers other diseases and ailments - though in normal employment law, the employer is liable to pay for the treatment. So, really there will be nothing wrong if the employers get their workers medical insurance. Employers should be made to pay for these insurance, and not the workers.

The government states that there is an outstanding unpaid foreign workers’ medical bills in public hospitals, which to date total RM18mil - but, I really do wonder whether this is correct. Could it just be outstanding bills of foreigners generally, and not that of the documented migrant workers only? Should not employers have been settling their worker's medical bills - or the already existing insurances and the Workmen's Compensation? Really, there must be a disclosure as to whose bills are these...



Compulsory medical insurance policies for foreign workers from next year

Source : TheStar Online (http://thestar.com.my/news/story.asp?file=/2010/11/26/nation/7507385&sec=nation), Nov 26, 2010

PUTRAJAYA: All foreign workers employed in Malaysia, except for domestic maids, must have medical insurance coverage under a government ruling effective Jan 1.

The move is to ensure that foreign workers’ medical bills in public hospitals, which to date total RM18mil, will not be a burden to the Government.

Health Minister Datuk Seri Liow Tiong Lai said each worker must have medical insurance coverage with an annual premium of RM120.

“The Government has incurred costs because some foreigners who sought treatment at public hospitals left without settling their bills or were only able to make partial payment.

“With medical insurance coverage, we hope this problem can be overcome,” he told reporters after opening the ministry’s management conference here yesterday.

Liow said employers hiring new foreign workers would have to enclose a copy of the medical insurance policy for their prospective employees when applying for a work permit.

For existing foreign workers, employers would have to submit a copy of the insurance policy when renewing their work permits, said Liow.

“The insurance coverage for foreign workers is part of my ministry’s six Entry Points Projects (EPP).

“The other two EPP which we have rolled out are establishing a suitable system to support research development and to further boost health tourism,” he added.

Liow said the ministry’s three other EPP – to explore generic medicine export opportunities, establish a nexus for diagnostic services and develop a health metropolis – were in the planning stages.

However, the question of who would pay the medical insurance premium – employers or their workers – had yet to be settled.

In an immediate reaction, the Malaysian Employers Federation voiced its concern about the insurance coverage to be borne by the 1.5 million foreign workers in the construction, services and manufacturing sectors.

“The bills incurred at government hospitals are not that high.

“Why does the coverage need to be high?” said its executive director Shamsuddin Bardan.

The federation, he added, had proposed for the coverage to start from RM50,000, rather than RM100,000, for each worker.

He said the Government had appointed 31 insurance companies to provide compensation coverage for foreign workers.

Shamsuddin added that more than 200,000 employers would be assisting foreign workers in ensuring that the companies extend the coverage to medical.

“The coverage is for all illnesses suffered by foreign workers while working, including critical illnesses,” he said. - Source: Immigration Department Website



Sunday, August 15, 2010

Migrant Worker Unnecessarily Dies Because of Employer's Delay ? 5,000 fellow workers protest

Nepali worker unncessarily dies because employer slow to act? This should stop
When it comes to migrant workers, access to healthcare is always a problem - and many a time, there is delay on the part of the employer in sending the workers to the hospital/clinic.

Why can't the workers go on their own to the clinics/hospital? One reason is that they do not have the required proper documentation to move around. let alone get treatment from the clinics/hospitals as most employers hold on to the worker's passports. Without proper documentation, government hospitals/clinics would not treat the foreigner - and this is a problem as we do have at least about 3-5 million undocumented migrants.

Even with proper documentation, they have to pay a lot before they do get treatment..get warded,etc. For the documented migrant, registration itself is RM50 (compared to RM1 for the Malaysian). Next, many government healthcare providers, require payment first before they do the needed tests, X-Rays, surgery, etc, and this is a problem for the migrant worker.

There are also some employers who do not follow Malaysian labour laws that clearly entitles workers to PAID sick leave and PAID Hospitalization leave. Some companhies just do not pay workers when they do not work because they are sick/hospitalized. In this case, there is an allegation that the Nepali worker that died concealed the fact that he was sick from the employer - and, the only reason for this would be that he wanted to work and earn. [Or maybe, he did tell the employer that he was sick, but the employer ignored this and decided that he was not sick and could still work]. There really must be an investigation - a thorough investigation into this.

The fact that the fellow workers protested, risking possible arrest, detention and other negative consequences, indicates that something is amiss. Did the employer delay sending the worker to the hospital, and did that delay contribute to the death of this worker? If yes, then the employer should be penalized? But alas, a perusal of the Employment Act shows that there seems to be no such offence listed in this Act that governs woirker rights....and there should be. If the employer did so, then also there must stipulated a penalty - which should be a compensation that the employer should give to the family of the deceased, i.e. maybe RM25,000-00 plus monthly wages for the remaining duration of that particular worker's contracts. The employer should not be protected by the Social Security Act/Workmen's Compensation Act who is obliged to pay for injuries/death of migrant workers. In fact, if the employer was reackless...or did(or did not do) something that contributed to the early unnecessary death of this worker, then maybe he should be charged with murder or causing death under the Penal Code. The one who died is a human being, and it should not matter whether he was Malaysian or a foreigner, whether he was documented or undocumented.

About 5,000 foreign workers of an electronics factory in Tebrau Industrial Park staged a protest against their employer in Johor Bharu today due to a misunderstanding caused by the death of a fellow employee.

During the seven-hour stand off which started at 7am near the workers quarters, the foreign workers from Myanmar, Bangladesh, Nepal and India turned violent, throwing chairs and rubbish in protest, claiming that the death of their fellow employee was caused by their employer's delay in sending him to hospital.

Johor CID Chief Amer Awal when met at the scene said the commotion and protest by the foreign workers was due to a misunderstanding caused by the death of a fellow employee.

"The employee from Nepal, aged 20, had kept his sickness (high fever) a secret and did not inform the company until it became serious.

"When the employer finally came to know and decided to send him to hospital it was a little too late. Due to the delay in treatment, he died at the Sultan Ismail Hospital at 7am," he said.
However, the other employees who thought the company was to be blamed for the delay in sending him to the hospital, gathered at the quarters and started shouting at their employer, angrily.

Amer said by 2pm, police and the Federal Reserve Unit (FRU) were able to disperse the workers without any untoward incident.

He added that nobody was detained while police had also informed the Nepal Embassy in Kuala Lumpur of the death.

- Bernama - Malaysiakini, 15/8/2010, 5,000 turn violent over worker's death in JB


Let us also make sure that the workers that protested are not discriminated against by their employer, or by our own authorities. What happened to the worker's union - most probably there was none there in the this electronics factory, since our Malaysian government is not very much in favour of allowing worker unions, more so in electronic factories. Migrant workers are also denied the right of association - and that makes them even more vulnerable to oppression and mal-treatment by employers. If there is no union, then they cannot even strike...or even collectively claim for an improvement of working/living conditions of workers.

Maybe, the Malaysian government must change its policy and make it mandatory for unions in every factory/businesses that have more than 10 workers working there. A union would be able to champion worker rights, and also act on behalf of workers when needed. Individual workers, on their own is so easily 'targetted', dismissed, discriminated against when they claim their rights and/or complain about anything...

Media Statement – 11/6/2010(Updated)

STOP PENALIZING WORKERS WHO WANT TO GET JUSTICE
- MAXTER GLOVE SHOULD REINSTATE BURMESE MIGRANT
WORKER WHO COMPLAINED TO LABOUR DEPARTMENT

We, the undersigned 69 organizations, groups and networks, concerned about migrant and worker rights, are appalled at the treatment of workers at Maxter Glove Manufacturing Sdn Bhd (229862-H), at its factory at Lot 6070, Jalan Haji Abdul Manan, 6th Miles off Jalan Meru, Klang, Selangor, Malaysia.

We are appalled at the dismissal of Thu Maung, a Burmese migrant worker, who courageously lodged a complaint at the Labour Department to claim his rights as a worker. Claiming worker rights by lodging complaints against errant employers at the Labour Department is the proper and legally recognized procedure in Malaysia. It is very wrong for employers to discriminate against and/or terminate workers who are exercising their legal rights. It is also wrong for employers to discourage and/or threaten workers from seeking justice, when worker rights are being violated.

Maxter Glove Manufacturing Sdn Bhd is a subsidiary of Supermax Corporation Berhad. Maxter Glove Manufacturing Sdn Bhd is a gloves manufacturer that makes Latex Powdered Examination gloves, Clorinated & Polymer Coated Latex Powder Free gloves, Nitrile Gloves and Sterile surgical gloves which is also exported overseas. Supermax Corporation Berhad is an established company, that according to their 2009 Annual Report made an after-tax profit of about RM126 million.

On 23rd March 2010, Thu Maung and another Burmese migrant worker from Maxter Glove Manufacturing Sdn Bhd lodged a complaint at the Subang Jaya Labour Department. Their complaints, amongst others, was that the employer:-

a. had wrongfully deducted levy, that employers have to pay when they employ migrant workers, from the worker’s wages,
b. had unlawfully deducted the medical check-up fees of RM1000 from the worker’s wages,
c. had wrongfully withheld 2 months wages,
d. had failed to provide the migrant worker with accommodation,
e. had not been giving the workers one rest day per week,
f. had made the workers work overtime(sometimes up to 13 hours per day), and also on public holidays and rest days, and had thereafter failed to pay overtime wages and wages for working on rest days and/or public holidays at the statutorily stipulated rates.

On 23rd March, Thu Maung and another had also lodged a complaint at the Malaysian Human Rights Commission (SUHAKAM).

On 12 April 2010, Thu Maung went again to the Labour Department in Rawang and gave a detailed complaint, whereby the Rawang Labour Department did record the complaint and forward the same to the Labour Department office in Port Klang, because they said that the Port Klang Labour Office, has the requisite jurisdiction since the employer, Maxter Glove Manufacturing Sdn Bhd, is in Klang.

According to Thu Maung, after about 1 month since the lodging of the complaint at the Subang Jaya Labour office, company’s representatives started intimidating workers individually by asking them who had complained to the Labour Department, and whether they were also going to complain to the Labour Department. This form of intimidation of workers is deplorable. This kind of actions by employers has the tendency of instilling fear and preventing workers from claiming their legally recognized labour rights.

On 28 April 2010, Thu Maung’s supervisor at the company, for no reason, suddenly asked him to return the worker’s pass and not to come back to work. Thu Maung was wrongfully terminated, and he verily believes that this was done just because he had complained to the Labour Department, and was perceived as the leader of the workers who wanted to claim their rights.

It is even worse when the worker is a migrant worker, for a termination will usually mean a cancellation of the work visa, and deportation back to their home country. This also would mean that they would not be able to even pursue their claims at the Labour Department, Labour Courts, Industrial Relations Department, Industrial Courts and/or Civil Courts as the physical presence of the complainant and/or litigant is necessary for the continuation of process of claiming rights.

The practice of terminating, cancellation of work visa and immediate deportation is a blatant disregard of the laws in Malaysia that exist to protect worker rights.

Work passes in Malaysia allow workers to work only for a specific employer – and hence a termination would leave the worker with no ability to work and earn a living legally in Malaysia, while he awaits the determination of the process that may give the worker justice. Cancellation of the work pass also makes his stay in Malaysia illegal, and he risk being arrested, detained and deported.

It is sad that the current laws and practices of Malaysia, which used to employ more than 2 million migrant workers have not been amended yet to ensure that workers who claim their rights are not wrongfully terminated and sent back.

Whilst there is a clear provision in the Industrial Relations Act 1967, that is section 5, which explicitly prohibits employers (or persons acting on behalf of employers) from discriminating, threatening, dismissing or acting negatively against workers who are interested in forming, joining, and/or encouraging other workers to join trade unions, there is no similar clear provision in law protecting workers who want to claim their worker rights through the Labour Departments and other available avenues. As an example, section 5(1)(c) and (d) of the Industrial Relations Act 1967is as follows:-

(1) No employer or trade union of employers, and no person action on behalf of an employer or such trade union shall -
…. (c) discriminate against any person in regard to employment, promotion, any condition of employment or working conditions on the ground that he is or is not a member or officer of a trade union;
(d) dismiss or threaten to dismiss a workman, injure or threaten to injure him in his employment or alter or threaten to alter his position to his prejudice by reason that the workman -
(i) is or proposes to become, or seeks to persuade any other person to become, a member or officer of a trade union; or
(ii) participates in the promotion, formation or activities of a trade union; or…
There should be a similar clear provision in law that will prevent employers from harassing, threatening, discriminating and/or dismissing workers that claim their worker rights using existing avenues of complaints and remedies. The act of employers impeding, dismissing (or threathening to dismiss) workers who claim their worker rights should also be made an offence with a hefty fine. Workers should also receive a significant sum in exemplary damages, over and above their claim. Deterrence is needed to stop this unhealthy practice of employers violating worker rights, and preventing them access to justice.

In the case of Thu Maung, we call for the immediate reinstatement of Thu Maung without any loss of benefits.

We call on Dato' Seri Stanley Thai, Executive Chairman cum Group Managing Director of Supermax Corporation Berhad, to ensure that the wrong done by their subsidiary, Maxter Glove Manufacturing Sdn Bhd, to Thu Maung and other workers in the said company is ended, and that all workers are paid forthwith what has been wrongly deducted from their wages, monies that have wrongly been withheld returned, outstanding overtime payments, and that all legitimate claims are settled.

We call on the government of Malaysia to do the needful, including enacting laws that will deter employers in Malaysia from exploiting workers, and also protect workers that claim their worker rights from the negative acts of repercussion and/or ‘revenge’ by some bad employers.

We also call on the government of Malaysia to ensure that all migrant workers can continue to stay and work legally in Malaysia until their cases in the Labour Department, Labour Courts, Industrial Relations Department, Industrial Courts and/or Civil Courts, and appeals thereafter are completed.


Charles Hector
Pranom Somwong

For and on behalf of the following 69 organizations

ALIRAN, Malaysia
Alliance of Health Workers Philippines
Arakan League for Democracy (ALD-LA-MALAYSIA)
Asia Pacific Forum on Women, Law and Development (APWLD)
Asian Migrant Centre (AMC)
Asian Migrants Coordinating Body-Hong Kong (AMCB)
Association of Indonesian Migrant Workers in HK (ATKI-HK)
BAYAN USA.
BOMSA, Dhaka, Bangladesh
BUGKOS
Burma Campaign, Malaysia
Burma Partnership
Canada-Philippines Solidarity for Human Rights (Vancouver, BC Canada)
Center for Japanese-Filipino Families
Clean Clothes Campaign -International Secretariat
Committee for Asian Women (CAW)
Communication Union of Australia (Vic Branch)
Empower, Chiang Mai
Filipino Migrant Center
Frank-Hubner-Scholl Resistance Movement of the White Rose
Free Burma Campaign Singapore (FBCSG)
Friends of Burma, Malaysia
Gabriela-Taiwan
IMA Research Foundation, Bangladesh
Institute for National and Democratic Studies of Indonesia (INDIES)
Interfaith Cooperation Forum
Kabalikat, A Domestic Workers Support Network,US
KAFIN-Migrante (Saitama)
Kafin Migrant Center, Japan
Labour Behind the Label, United Kingdom
MADPET - Malaysians against Death Penalty and Torture
Malaysian Trades Union Congress (MTUC)
MAP Foundation,Thailand
May 1st Coalition for Worker & Immigrant Rights, USA
Mekong Migration Network (MMN)
Migrante Aotearoa New Zealand
Migrante B.C. (Canada)
Migrante Denmark
Migrante Europe
Migrante International
Migrante-Middle East
Migrante Nagoya
Migrante Taiwan
Migrante UK.
Migranteng Ilonggo sa Taiwan
Mission For Migrant Workers (MFMW), Hong Kong
National League for Democracy [NLD (LA)], Malaysia
National Network for Immigrant and Refugee Rights (NNIRR), U.S.
Network of Action for Migrants in Malaysia (NAMM)
PAN Asia and the Pacific
Parti Rakyat Malaysia (PRM)
Persatuan Kesedaran Komuniti Selangor (EMPOWER)
Persatuan Masyarakat Malaysia & Wilayah Persekutuan (PERMAS)
Philippines Australia Union
Philippine Society in Japan
PINAY (Filipino Women's Organization in Quebec)
Pusat Komas
Rights Jessore, India
Shan Refugee Organization, Malaysia
Suara Rakyat Malaysia (SUARAM), Malaysia
The Asia Pacific Mission for Migrants (APMM)
The Best Friend Library - Chiang Mai, Thailand
The Hong Kong Coalition for Free Burma Campaign
Think Centre Singapore
United Indonesians against Overcharging (PILAR)
United Filipinos in Hong Kong
Workers Hub for Change (WH4C)
YASANTI, Indonesia
ZOMI National Congress- Malaysia


Monday, June 21, 2010

Findings of the UN Working Group on Arbitrary Detention - Malaysia

"...At the Lenggeng Detention Centre, the Working Group found overcrowding, poor sanitation and inadequate medical care...The Working Group would like to remind the Govemment of Malaysia of its obligation to guarantee the right to safety of all foreigners, particularly when deprived of their liberty..."

Findings of the UN Working Group on Arbitrary Detention - Malaysia

Well, the UN Working Group on Arbitrary Detention was in Malaysia from 7-18 June 2010, and they made a statement on the last day of their visit, which I believe should be an interesting read. [I copied the test from their pdf statement, and there were some changes in format/etc that had to be made to correct the errors in copying - I hope that I have not missed anything, and the statement below is the same as what they issued in pdf.]

Some points that I would like to highlight

* recommends that the four preventive laws [..Internal Security Act (ISA) 1960; the Emergency (Public Order and Prevention of Crime) Ordinance; the Dangerous Drugs (Special Preventive Measures) Act and the Restricted Residence Act] be repealed or, if amended, ensure they are in conformity with article 10 of the Universal Declaration of Human Rights.

*observe that conditions in prisons and in Simpang Renggam Detention Centre are considerable better than those at the Immigration Detention Centres, which are in a deplorable state.

* considers that detention of immigrants should be decided upon by a court of law, on a case by case basis, and pursuant to clearly and exhaustively defined criteria in legislation, under which detention may be resorted to. Immigrants should have an effective remedy to challenge the necessity and legality of their detention at any time. Additionally, immigration detention should not be applied to refugees, asylum-seekers and vulnerable groups of migrants, including unaccompanied minors, families with minor children, pregnant women, breast-feeding mothers,elderly persons, persons with disabilities, or people with serious and/or chronic physical or mental health problems.



STATEMENT BY THE WORKING GROUP ON ARBITRARY DETENTION UPON CONCLUSION OF ITS MISSION TO MALAYSIA (7-18 JUNE 2010)

Ladies and gentlemen,

The Working Group on Arbitrary Detention of the United Nations Human Rights Council conducted a countrymission to Malaysia from the 7tr of June 2010until today, followin g an invitation from the Govemment.The delegation was headed by myself, as the Working Group Chair-Rapporteur,ffid composed by one of the Working Group's members,Mr. Roberto Garetom and by two members of the Working Group's Secretaiat from the United Nations Office at Geneva.

First of all I would like to express my gratitude to the Government of Malaysia for its invitation and for the full cooperation extendedto the Working Group in the conduct of its mission. During the entire visit, the Working Group enjoyed the fullest cooperation from the Government, including all the authoritiesit met with, who providedthe delegation with all the necessary information and arranged all the meetings it requested. The delegation was able to conduct visits to detention facilities andto interview detainees in confidence. The Working Groupwould also like to thank the representativesof the Malaysian civil society, as well as representatives of international organizations, particularly the United Nations Development Programme(UNDP), for its support during the mission.

During its fact-finding mission, the Working Group met with senior Government authorities from the Executive, Legislative and Judicial branches,including the Minister andthe Secretary General of Home Affairs, the Deputy Minister and the Deputy SecretaryGeneralII of the Ministry for Foreign Affairs, the Chief of Justice,the Afforney General of Malaysia, the Commissioner General of Prisons and Director-General of Ikatan Relawan Rakyat(RELA). It also held meetingswith the Advisory Board on PreventiveLaws, the National Human Rights Institution SUHAKAM, the Bar Council andcivil society representatives,as well as with former
detainees.The Working Group also met with representatives from the United Nations Country Team and other United Nations Agencies.

During its official visit the Working Group visited Lenggeng Detention Centre, Kajang Prison, including the Women's Prison and the Drug Rehabilitation Centre,the Psychiatric Department at the General Hospital; Puncak Borneo Prison,the Women's Prison and the Integnty School in Kuching; Pengkalan Chepa Prison, the Women's Prison and the Rehabilitation Programme in Kota Bharu; Kamunting Detention Centre in Taiping and Simpang Renggam Detention Centre in Johor Bahru.The Working Group interviewed prisoners and detainees in private in all of these facilities.The Working Group alsoconducted a surprise visit to the Simpang Renggam Police Station.

The Working Group would like to highlight the good conditions in all the prisons visited, including the recent construction and renovation, as well as the good rapport between the detainees and the guards.The Working Group did not receive any allegations of abuse of power or ill-treatment from prison guards. In addition, the Working Group was pleased to learn that the number of detainees under the Internal Security Act has decreased in recent times, and was able to interview all 15 persons who are currently in detention under this legislation. In this regard, the Working Group was informed about the ongoing revision of the preventive laws, focused mainly on five areas. Furthermore, the Working Group welcomes the fact that the SUHAKAM Commissioners have been recently appointed.

During the mission, the Working Group received information that during the period between 2003 and 2007, 1,535 persons died in prisons, rehabilitation centres and immigration detention centres. 85 other persons died in police custody. Most of those deaths occurred in hospitals and they include a high number of persons affected by HIV/AIDS. The Working Group was also informed that deaths in police custody had been investigated by the Royal Commission to Enhance the Operations and Management of the Royal Malaysian Police. However, the Working Group considers that investigations by external, independent bodies are also necessary, and inquests should be conducted on each case as soon the death takes places.

At the Lenggeng Detention Centre, the Working Group found overcrowding, poor sanitation and inadequate medical care. Allegations were received of inadequate food and a lack of ventilation. The unsanitary and overcrowded facilities have also given place to the transmission of communicable diseases, particularly skin diseases. Some detainees also stated that the overcrowding led to confrontations and fighting between the detainees, with very limited or no intervention from the security guards. The Working Group would like to remind the Govemment of Malaysia of its obligation to guarantee the right to safety of all foreigners, particularly when deprived of their liberty.

Excessive powers attributed to the Police and to the volunteer organization RELA facilitate the arrest and detention of numerous individuals in immigration detentioncentres. This even includes refugees who are in possession of identity cards issued by the United Nations High Commissioner for Refugees due to their status, as well as Malaysian nationals. Once the detainees have served prison sentences as a result of their illegal presence in Malaysian territory, they are held in immigration detention centres during an indefinite period, while awaiting deportation to their countries of origin. Citizens of countries with a strong consular presence can be more or less easily deported. However, those nationals whose countries do not have a consulate in Malaysia, or whose Governments refuse to intervene, may stay in detention indefinitely, in contravention of international law and the Working Group's jurisprudence. The Working Group calls on the Government of Malaysia to ratify the 1951 Convention relating to the Status of Refugees.

The Working Group is seriously concerned about the Preventive Laws in force in Malaysia, mainly: The Internal Security Act (ISA) 1960; the Emergency (Public Order and Prevention of Crime) Ordinance; the Dangerous Drugs (Special Preventive Measures) Act and the Restricted Residence Act. These laws establish investigative detention to prevent a suspect from fleeing, destroying evidence or preventing him or her from committing a future crime. These laws deny the detainee the right to a fair and public hearing by an independent and impartial tribunal, consecrated in the Universal Declaration of Human Rights and other principles of international customary law. They also severely restrict detainees' access to legal counsel.

These Preventive Laws allow State institutions, particularly the Police and the Attorney General's Office, to elude the normal penal procedure for common crimes and offences.They also give the Minister of Home Affairs excessive powers to keep people in detention indefinitely, without the need to sustain.evidence in court or to prove criminal responsibility. In the detention centres reserved for detainees under these laws, the delegation found people charged with common offences which should in principle be treated under the regular penal procedure.

In this regard, the Working Group was informed that the Penal Code had been amended to establish the commission and financing of terrorist acts and hostage taking as specific offences under Malaysian law. However, suspected terrorists are still being detained under the ISA 1960. The ISA allows the Police to arrest people without a judicial arrest warrant and hold them for up to 60 days in special police remand centres. People can be held in detention during this period without the right to see their relatives or legal counsel and without being taken before a judicial court, resulting in incommunicado detention. Afterwards, the Minister of Home Affairs may authorize further detention for up to two years, a period which may be extended for an unlimited number of times. Once released, detainees are often subjected to restricted conditions, usually limiting freedom of residence in the national territory, freedom of travel inside and outside the country and even freedom of opinion, expression and association.

Although detainees may appeal every six months to the Advisory Board on Preventive Laws, its recommendations are not binding, nor are they made public. The Working Group could observe that the detainees are not notified of its recommendations.Also worrying is the fact that ISA decisions cannot be reviewed by any court. Detainees may file habeas colpus applications, based only on procedural issues, and not on merits. Nevertheless, even when a writ of habeas corpus is granted and the detainee is released, he or she is frequently rearrested immediately after the release. The Working Group was also informed that ISA was used in 2008 to detain a Member of Parliament, a blogger and a journalist for exercising their rights.

The Government justifies the need for these laws based on its obligation to guarantee national security and the security of its citizens. Nevertheless, detention without trial and without charges, for flexible and extendable term limits, at the will of the authorities, affects not only the rights to personal freedom, free trial and presumption of innocence, but also the right to security of person,which guarantees the right to liberty for all persons if they have not committed any crime.

The Working Group notes with concern that thousands of people are detained under the Emergency Ordinance and the Dangerous Drugs Act. Lr this regard, the Minister of Home
Affairs may issue a detention order for up to two years, if he considers that such a measure is necessary for the protection of the public order; the suppression of violence or the prevention of offences involving violence. Suspected drug traffickers may be detained for up to 60 days before the Minister for Home Affairs issue a detention order. Afterwards, the suspect may be held for successive two-year periods, with periodical review by the Advisory Board. In this case, the opinion of the Advisory Board is binding for the Minister.

Appearances before the Advisory Board, regardless of which legislation the person has been detained under, do not fulfill the minimal fair tnal guarantees. Defence lawyers may appear on behalf of the detainee, but attend the hearing without access to all the documentation, including evidence, and have no right to call witnesses. Ultimately, the Advisory Board is not a decision-making body, and may only make recommendations.

In the regular penal procedure, the limit to the initial police detention is24 hours. However, this is usually extended by a magistrate for up to two weeks. It is of concern to the Working Group that in some cases, the Police may arrest individuals without a warrant. It is also worrying that the extension of the 24-hourperiod is conceded by magistrates in practically all cases. The Working Group was informed that, although in some cases magistrates reduced the term of the extensions requested by the Police, they still granted the extensions to assure further investigations. Many detainees, especially those detained under the preventive laws,
told the Working Group that they were not informed of their rights while in police detention, particularly the right to contact their relatives or to consult a lawyer. Some of them reported that police officers even told them that to consult a lawyer would make their situation more complicated.

Additionally,virtually all detainees interviewed, especially those detained under the preventive laws, indicated that they had been subjected to torture or ill-treatment in order to obtain confessions or evidence in police detention. This is facilitated by the fact that many are held in incommunicado detention, at least initially.

Based on the above, the Working Group recommends that the four preventive laws be repealed or, if amended, ensure they are in conformity with article 10 of the Universal Declaration of Human Rights.

On the other hand, the Working Group did not receiveany complaints concerning the treatment by the guards in prisons and detention centres.The Group could observe that conditions in prisons and in Simpang Renggam Detention Centre are considerable better than those at the Immigration Detention Centres, which are in a deplorable state.

The ratio in prisons between people in pre-trial detention and those convicted seems proportional and adequate, with approximately a third of detainees on remand. However, the interviews with detainees showed that pre-trial detentionis considerably long, mainly due to a large backlog of cases in the courts. Additionally, most of the prisoners and detainees interviewed stated that they did not have defence lawyers, mostly as a result of the lack of financial resources to pay for them. In some cases, prisoners and detainees did seem not to understand the importance or the benefits of having a lawyer. The Working Group was informed that a legal aid system for the regular penal procedure does not exist, with the exceptionof those persons charged with crimes that can be sentenced to the death penalty.The Bar Associations in Peninsular Malaysia and in Borneo Island are fulfilling the role of the State on this issue, granting legal aid on a pro bono basis to thousands of detainees.

The situation of detentionin Malaysia would improve if the judiciary were fully independent, based on the principle of separation of powers, and composed of independent and impartial
judges and magistrates. In that sense, the Working Group was informed that the amendment to Article 121 of the Constitution, which eliminated the term 'Judicial power", seriously affected the hierarchy between the Executive, the Legislative and the Judiciary.A$ a result, recourse to judicial review has been severely restricted,in spite of the fact that Article 128 of the Federal Constitution foresees judicial review againstgovefitmentalactions on constifutional grounds.

The Working Group considers that detention of immigrants should be decided upon by a court of law, on a case by case basis, and pursuant to clearly and exhaustively defined criteria in legislation, under which detention may be resorted to. Immigrants should have an effective remedy to challenge the necessity and legality of their detention at any time. AdditionaIIy, immigration detention should not be applied to refugees, asylum-seekers and vulnerable groups of migrants, including unaccompanied minors, families with minor children, pregnant women, breast-feeding mothers,elderly persons, persons with disabilities, or people with serious and/or chronic physical or mental health problems.

The Working Group also recommends strengthening the status, powers and functions of SUHAKAM, in accordance with the Paris Principles. It also calls upon the State to take all necessary measures to ensure that it maintains its "A status" accreditation before the lrternational Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights.

A final report on the visit will be presented to the Human Rights Council in March 2011.

Thank you.

The former Commission on HumanRights establfshed the five-member Working Group in 1991 to investigate allegations of arbitrary deprivation of liberty. Its mandate was extended in 1997 to cover the issue of administrative custody of immigrants and asylum-seekers. The other three members are Ms. Shaheen SardarAli (from Pakistan); Mr.Mads Andenas(from Norway) and Mr. Wadtmir Tochilovslcy(from Ukraine).

For further information on the Working Group,please visit the following webpage:
http:/ /www 2.ohchr.org/engIish/issues /detention/index.ht or consult
http://www.ohchr.org/Documents/Publications/FactSheet2 6 en.pdf

For inquiries and media requests, please contact Mr. Miguel de la Lama (+41 79 752 04BI; at
m.delalama@ohchr. org or wgad@ohcltr. ord.
Abuse of detainees in police custody in Malaysia pose a major concern, according to preliminary findings by the United Nations Working Group on Arbitrary Detention.

“From 2003 to 2007, 85 people died in police custody. The systematic absence of lawyers' representation might contribute to the rampant abuse,” the working group's chairperson-rapporteur El Hadji Malick Sow said.
Only a few people, he added, had access to lawyers because of the lack of financial means and awareness of their rights.


Although deaths in police custody had been investigated by the Royal Commission to Enhance the Operations and Management of the Royal Malaysian Police, the working group considers investigations by external, independent bodies as also necessary, with the inquest into each case conducted as soon as death occurred.


Another major concern of the working group, which has been in the country since June 7, is the situation of migrants in Malaysia.


Malaysia is yet to rectify the 1951 United Nations Refugee Convention, Malick told a press conference at Wisma UN today.


“The detention of refugees is systematic. They are condemned by the court and often put in prison. They are not even given a chance to challenge the detention,” he explained, adding that no exception was given, even to refugees who have been identified by the United Nations High Commissioner for Refugees.


NONEDelegate Roberto Garretón (right), from Chile, said there appeared to be no culture of human rights in Malaysia.


“Few lawyers have used human rights and international conventions in their arguments in court. Judges have also confided to us that they do not take those arguments into account in their judgments,” he explained.


Things not all that bad


However, Malick did reveal some positive aspects of the government in the findings.


“We were invited by the government. Throughout our visit, they gave us full cooperation and we managed to speak to everyone, including senior government authorities from the Executive, Legislative and Judicial branches, civil societies and detainees,” he said, adding that the government was open to dialogue to improve the condition of human rights.


The delegates, whose visited to Malaysia is from June 7 until today, found conditions in the majority of prisons to be good and conducive for the inmates.- Malaysiakini,18/6/2010,UN group: Abuse in police custody worrying

Friday, December 11, 2009

No Za Bou, Women Migrant from Burma dies in KLIA Detention Centre - Could this death have been avoided with proper healthcare?

On 9/10/2009, I received information that yet another migrant from Burma, a woman, died at the KLIA Detention Centre.

Name: No Za Bou
Body No: 7652

What did she die of? Disease. What disease? The authorities allegedly will not disclose the disease when a migrant in these Detention Centres die.

Letters written to the Health Minister about previous deaths have yet to be answered, the last being as follows:-

15th 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




c.c.


Dato' Sri Mohd Najib Bin Tun Haji Abdul Razak,
Prime Minister of Malaysia,
Prime Minister's Office,
Main Block, Perdana Putra Building,
Federal Government Administrative Centre,
62502 Putrajaya, MALAYSIA



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

And, of course there were previous letters and statements..

Minister of Health's lack of response shows a lack of accountability - Death of Migrants in Detention Centres by reason of Leptospirosis

2 more Burmese migrants die in detention. Was it Leptospirosis again? Would hygienic conditions and proper healthcare prevented these deaths?

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

2 died in Juru Detention Centre of Leptospirosis - The SUHAKAM response.

126 groups:- Death of 2 Burmese Indicative of State of Detention Places in Malaysia - Denial of Healthcare Is a Violation of Right to Life