Is this sufficient JUSTICE for Nirmala Bonat?

Criminal Court should have ordered compensation for the victim, Nirmala Bonat?

Migrant Domestic Worker Nirmala Bonat was allegedly abused and assaulted by her employer in 2004 - and finally in November 2008, this criminal trial comes to an end, and '...Homemaker Yim Pek Ha was found guilty today of grievously hurting domestic helper Nirmala Bonat, and was sentenced to 18 years in jail...'

It made headlines in Malaysia, with photographs of her severe injuries splashed on the front pages of newspapers when her plight was revealed in 2004.- Malaysiakini, 27/11/2008 - Maid abuse: Housewife gets 18 years

But the Nirmala Bonat's case is the exception .... not the norm. Many a time when the migrant worker is the victim, the perpetrators get off scott free because most will not be able to linger around in Malaysia waiting for the trial (or have the capacity to travel up and down for the trial).

Remember, in Malaysia, the victimized migrant worker, is not given the opportunity to work and earn an income while they wait for their cases to be heard...

Happily after the Nirmala Bonat's expose....the Malaysian authorities came out and asked other victims of abuse to step forward and complain about abusive employers...(But note that you will not be able to work with another employer until the case is over...and this is SO WRONG...)

Migrant Worker victims cannot be expected to just 'hang around' without new employment with a new employer...while the criminal case proceeds.

Could some Member of Parliament ask the question as to how many cases involving migrant worker victims have been completed? How many cases do the prosecution pay for foreign victims to come back to Malaysia to give evidence in the trial? How much money has been expended bringing these foreign victims back to Malaysia for the trial to give evidence?

Homemaker Yim Pek Ha was found guilty today of grievously hurting domestic helper Nirmala Bonat, and was sentenced to 18 years in jail.

MCPX

Kuala Lumpur Sessions Court judge Akhtar Tahir found Yim, 40, guilty on three counts of hurting Nirmala. An additional count of causing hurt was however not proven.

He sentenced her to 18 years' jail on each of the three charges but ordered the sentences to run concurrently.

Akhtar said Yim (left) had committed sadistic behaviour that cannot be tolerated in a civil society.

She had pressed a hot iron on Bonat's back and breasts, and pouring hot water on her legs as punishment for not doing the chores properly.

Yim was cleared of a fourth charge of breaking the maid's nose.

"I agree with the prosecution that you have not shown remorse and have been in a state of denial throughout the case," he said, noting that the court has to give weight to the public interest in passing sentence.

In his judgment, Akhtar said there were suggestions the injury could have been the result of Nirmala suffering bouts of gila kambing (epilepsy).

"Fermima Anunut, the employer of Nirmala's cousin, had testified that she (Nirmala) has the condition. However, Nirmala's mother, when testifying, had denied this.

“The electrocardiogram test and examinations performed by doctors also proved that Nirmala does not suffer from the ailment.”

Akhtar said it was illogical for Nirmala to have suffered a seizure while in her room, and that she had injured herself.

"Furthermore, the court cannot accept how Fermima would have known that Nirmala had suffered seizures when Fermima herself was in Ipoh, working," he said.

Akhtar hence ruled that the injuries suffered by Nirmala were not self-inflicted.

The judge said evidence also showed that Yim was capable of such actions as she had testified to having slapped Nirmala in the past.

"From the statements of the accused while on the witness stand, she blamed the maid for this and that. I could still see Yim's underlying anger even after three years. So it would not surprise me if she had caused the injuries. She also admitted that she had slapped the victim.

"Nirmala Bonat has been consistent in her statements that her lady boss injured her, in her testimony in court and from the time she was found by a security guard.

“The security guard had also given consistent evidence to say the female boss had done this to her. My finding of fact is that the injuries were not self-inflicted."

Akhtar said the court was also satisfied with the prosecution's decision to classify the case under ‘grievous hurt’, as Nirmala testified that she had not taken a bath for 20 days after suffering injuries.

"If a person cannot take a bath for 20 days, it shows the extent of pain from the injuries. Hence, the prosecution was right in classifying the cases as grievous hurt," he said.

In finding that the prosecution has proven its case beyond reasonable doubt, the judge pronounced Yim’s guilt.

Yim was seen crying and later hugging her husband Hii Ik Ting, 42, her children and relatives.

A former air stewardess and a mother of four, Yim was sentenced after Akhtar heard mitigation from her lawyers.

Counsel Jagjit Singh who was assisted by counsel Akbardin Abdul Kader told the court he could not submit that his client was remorseful.

“A staunch Christian, she still believes she is innocent and I too feel the same way,” the lawyer said.

‘Nightmarish experience’

DPP Raja Rozela Raja Toran, in pressing for a deterrent sentence, said Nirmala had come to Malaysia to find a decent job but had returned emotionally scarred to Indonesia.

"Although the physical injuries may have healed, she will always be haunted by her nightmarish experience while working here," she said.

Raja Rozela said the injuries inflicted on Nirmala were done not using ordinary items, but a hot iron and hot water, while the injuries were to her whole body.

"It is unbelievable that one woman would do that to another who is helpless. The extent of Nirmala's injuries showed the inhumane nature of the perpetrator," the DPP said.

She also applied under section 426 of the Criminal Procedure Code for an order to compel Yim to pay compensation.

Jagjit objected, pointing out that Nirmala had received donations in cash and kind from Malaysia.

"She is already a billionaire in Indonesia. Furthermore, my client is also facing a civil suit filed by Nirmala and the Indonesian government.”

Akhtar said he did not want to hear a defence application for stay of execution today, after Raja Rozela raised an objection.

"You have to file a written notice of appeal and after you do that, I will set a date for the hearing," said the judge.

Akbardin then said he wanted to submit an oral application, as he intended to file a written application later today.

However, the judge would not allow it, assuring, “I will set the earliest date available".

Legal history

Outside the court, Jagjit expressed unhappiness with the sentence, saying he felt it to be too harsh.

"This sentence is more severe than for culpable homicide. However, we have to respect the court's decision," he said, adding a notice of appeal would be filed today.

The verdict comes after 110 days of proceedings held over four and a half years.

Yim was charged with four counts of voluntarily causing grievous hurt to the Indonesian, then 19, with a hot iron twice on a day in January and in April 2004, with using hot water on a day in March 2004, and using a metal cup at about 3pm on May 17, 2004.

The offences were committed at Yim's upmarket Villa Putera condominium in Jalan Tun Ismail in Kuala Lumpur.

The first three offences were under section 326 of the Penal Code which carries a maximum punishment of 20 years' jail, and a fine or whipping. The fourth charge under section 325 carries a maximum seven years jail and fine.

This case created legal history when then DPP Stanley Augustin said this was the first time that an individual had been charged with three counts under Section 326 of the Penal Code for offences against the same victim.

Nirmala's case created an uproar among Malaysians and Indonesians, after a security guard discovered her plight.

It made headlines in Malaysia, with photographs of her severe injuries splashed on the front pages of newspapers when her plight was revealed in 2004.

Bonat said that Yim abused her every day of the five months she spent in the family's home, until her breasts and back were covered with burns, and her face was swollen by regular beatings.

In Indonesia, it sparked protests in front of the Malaysian embassy with demonstrators calling for better treatment for domestic helpers.- Malaysiakini, 27/11/2008 - Maid abuse: Housewife gets 18 years

It is good that the perpetrator of the crime is punished - but what about compensation for the victim of the crime. Criminal Courts must start making awards of compensation. There seem to have been an application here...but it seems that there was no award of compensation.

This means that now Nirmala Bonat will have to file a civil suit to get compensation and damages...and she still can do that as 6 years have not yet lapsed.

When migrant workers come forward and report a crime or a wrong committed by their employer or their family against him/her, that migrant worker should be able to go to some SHELTER to stay. Surely, she cannot go back to her employer...This SHELTER must be provided by the government.

Until the case is over , be it a criminal case as in the case of Nirmala Bonat or a Labour/Industrial case, the Migrant Worker should be permitted to remain in Malaysia - and also to be able to work and earn a living as he/she waits for her case to be completed.

When it comes to Migrant Workers - cases have to be expedited, to be completed not later than 3 - 6 months.

Updated Note

Compensation - the court should order the perpetrator to pay the victim compensation.

Control what we can: Protect rights for all workers include migrant worker.

It is good to know Home ministry aware about “Some migrant worker were not paid salary, abused and ran away “ and those who were abused, reports should be made so that the Ministry could take appropriate action . What is appropriate action Mr. Minister? Arrest them by RELA instead of facilitate for right to redress?
Mr. Malaysia society and economic development dependence on the labour from the migrant’s worker so why we are not accept that and legalise them . Lot of undocumented workers felled in to irregular situation and makes them undocumented.
Consider the factor that Migrants & Refugee will still coming to Malaysia as the survive strategy for their life as their country like Burma dictate by Regime.
Interesting question from S. Kulasegaran (DAP - Ipoh Barat) asked about the action that the Government had taken to overcome problems of foreign workers who overstayed “ Hmm so S. Kulasegaran ask to compare with what UK will do with Malaysian who over stayed in UK or as he cares about migrants rights and well being and consider of unfair circumstances occurred when migrants arrest and their condition in detention ?
Any MP in parliament who cares to ask how many cases Minister of human resources facilitate for migrant workers to claim their remedy when they were abuse and exploited in Malaysia ?

Published: Thursday November 6, 2008 MYT 3:45:00 PM
Updated: Thursday November 6, 2008 MYT 7:31:11 PM
Number of undocumented workers under control
By LOH FOON FONG

KUALA LUMPUR: The number of undocumented foreign workers coming into Malaysia is under control following concerted and continuous efforts by the Immigration Department, the Royal Malaysian Armed Forces and Rela volunteers, said Home Minister Datuk Seri Syed Hamid Albar.
He said from 2001 to 2008, 271,375 undocumented workers had been caught through their efforts.
The cost of administration and sending them back to their home countries through sea travel was RM205 for each person while the cost of air travel was RM1,200 and RM3,600 for each person, depending on which home country destination it was.
Amran Abdul Ghani (PKR - Tanah Merah) had asked the Minister in Parliament on Thursday to state the number of undocumented workersfrom 1997 to 2007 and the cost of sending them home.
Syed Hamid also said that it was estimated that there were one million undocumented foreigners in Malaysia and 2% of them had committed crimes.
On a supplementary question, S. Kulasegaran (DAP - Ipoh Barat) asked about the action that the Government had taken to overcome problems of foreign workers who overstayed.
”Some were not paid salary, abused and ran away but they overstayed to work so that they could get enough money to return to their home countries,” Syed Hamid said.
He said if those who had overstayed and run away were reported to the Ministry, they would be fined and sent back to their countries with cooperation from the relevant embassies.
However, he said that was not the main problem.
“Most of the problems were created by our own people taking in undocumented workers. This is the biggest number of undocumented foreigners,” he said.
On those who were abused, reports should be made so that the Ministry could take appropriate action, he said.
http://thestar.com.my/news/story.asp?file=/2008/11/6/nation/20081106154501&sec=nation

Biometric technology by Malaysian immigration: Stop wastes the money please!

What is Malaysian immigration is doing? Why the ASEAN government would like to follow? The whole idea is about the used to verify on the spot the authenticity of a foreign worker and curb the influx of illegal then do what arrest them, detain them and send them back home? So they will find the way back as they couldn’t at all survive in their country like Burma when they are no security and peace?
This should be the debate and we should be really informed about why in this recession of economic the immigration would like to implement the expensive technology? How much it costs for entire program? Who has the contract with ICT software and security company Multimedia Glory Sdn Bhd (MGSB) and how much immigration has to pay them? Where is the money come from? And what happening with the scandal of corruption in immigration department?
For US since September 11, 2001, there has been a great deal of interest in using biometrics for verification of identity and as the tool on the war on terror … so Malaysia and ASEAN want to follow. The reality is mostly of people from Mekong region, member of ASEAN they are illegal in their own country.. like Burma, Lao PDR and Cambodia ..Their rights to access to legal document like passport is not yet recognize and easy so how are we going to do that … arrest and curb everyone who do not have passport? So not having passport and identity should be stateless not the terror!! Shame on you! Shame on ASEAN for does nothing to improve Burma!
The government should consider whether biometric systems really work, whether they are sufficiently advanced to provide their capabilities, and their effectiveness and It should be noted that the technologies can be difficult to compare--especially their cost.
How will the system ensure accuracy? how will it be protected? Who will make sure that program administrators are responsible to privacy concerns? Can people remove themselves from a database voluntarily--in effect or if there is a choice, will people be informed of optional versus mandatory enrollment alternatives or they just mandatory use it over personnel data ?
Instead of spend the resources to use expensive technology immigration should spend their resources to verify and give the PR status to spouse of Malaysian to prove Malaysia is truly ASIA with caring and sharing community or improve the detention facility as they are outrage about how bad the condition is.. And don’t forget to work harder with ASEAN to bring down the Burmese regime.. Without dictator military people from Burma will not be influx to their neighboring country as refugee.


Tuesday November 4, 2008
Asean governments keen on KL’s method of tracking illegals

KUALA LUMPUR: Six Asean governments want to learn more about Malaysia’s biometric system of effectively tracking down illegal immigrants, Immigration enforcement director Datuk Ishak Mohamad said.
The Mobile Immigration Enforcement Sys–tem (MIES) is stored in a laptop that can to be used to verify on the spot the authenticity of a foreign worker and curb the influx of illegals.
“This is a technological breakthrough for Malaysia and six Asean countries have asked Malaysia to share the technology,” he said after briefing Asean Immigration officials here yesterday.
Ishak said a third of the 3.3 million foreign workers in the country were illegals who did not have any documentation, had false ones or had overstayed.
Award-winning ICT software and security company Multimedia Glory Sdn Bhd (MGSB) developed MIES to combat identity fraud and manage the influx of illegal visitors.
Its executive chairman Dr Lalitha Kaleedhass said MIES contained unique features that would effectively check the validity of foreign nationals working or residing in Malaysia.This biometric technology was recommended as the standard biometric implementation by the Asia Pacific Economic Cooperation (Apec) to all its countries.

ttp://thestar.com.my/news/story.asp?file=/2008/11/4/nation/2446256&sec=nationia Pacific Economic Cooperation (Apec) to all its countries.

Migration: One way or another ... Malaysian in UK

Migration: One way or another.. Malaysian who are migrants in UK also working for their better life.. But UK do not have REELA to abuse migrants like Malaysian government do..
Not sure how many Malaysian migrants will take the offer and go back home..

PUTRAJAYA: Malaysians staying illegally in Britain have been offered amnesty and a one-way ticket home by the government there.
Home Minister Datuk Seri Syed Hamid Albar said those who took up the offer would not face the country's immigration laws but would be barred from returning for five years.

This initiative, he said, was made following discussions between the British government and the International Organisation for Migration.

However, the one-off offer will not last long.

It is understood that the deadline for the offer has been linked with the deadline given to the Malaysian government to ensure that its citizens observe British immigration laws.
Britain had initially wanted to impose strict regulations requiring Malaysians to obtain visas to enter the country as many abused immigration laws by overstaying.

However, this was reconsidered in July.

"The British government is serious about addressing the issue of illegal immigrants, including the scores from Malaysia.

"Malaysians also risk having to apply for visas in the future if we do not improve on our record there," Syed Hamid said at the National Registration Department's Hari Raya gathering.

Also present were the ministry's secretary-general Tan Sri Abdul Aziz Mohd Yusof and Inspector-General of Police Tan Sri Musa Hassan.

Records show that from January to August, some 250,000 Malaysians travelled to Britain.

Currently, Malaysians travelling to Britain without visas are allowed to stay for up to six months.

On another matter Syed Hamid said the government would start re-issuing the green MyKad to 38,672 people.

These people are those whose parentage "could not be determined". They will have to renew their MyKad every five years.

The government stopped issuing the identification documents in 2004.
http://www.nst.com.my/Current_News/NST/Saturday/National/2390376/Article/index_html

Restrictive border controls and bans on women's movement should not be considered methods to stop trafficking.

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Straight to the point statement from GAATW to GFMD “Restrictive border controls and bans on women's movement should not be considered methods to stop trafficking “ more and more restrict of movement of person especially women it will leads to more risk during migration and that is the real trafficking .. The holistic approach on Migrants' rights especially women rights should be upheld in practice, and central to all policy level including GFMD discussions

Statement of the Global Alliance Against Traffic in Women (GAATW) to the Global Forum on Migration and Development (GFMD)

Statement of the Global Alliance against Traffic in Women (GAATW) to

the Global Forum on Migration and Development (GFMD)

Manila, Philippines, 27-30 October 2008

The Global Alliance Against Traffic in Women (GAATW)^[1] is committed to ending trafficking and to the protection of the human rights of trafficked persons and women migrant workers.

We take this opportunity to present our position on GFMD Roundtables 1.1 Protecting the rights of migrants and 2.2 Managing migration and minimizing the negative impacts of irregular migration. We call for the following:

4. Restrictive border controls and bans on women's movement should not be considered methods to stop trafficking.

5. Migration policies should not contradict the aims of anti-trafficking policies to protect trafficked persons and other migrants.

6. Migrants' rights should be upheld in practice, and central to all GFMD discussions.

Despite many governments' commitments to human rights and well-intentioned efforts to address human trafficking, the rights of migrant and trafficked women are still being violated. In 2007, GAATW published Collateral Damage, a report[2] which examines what measures states in eight countries have taken to combat trafficking and the human rights impacts of these measures. This has provided a strong evidence base for recommendations.

1. Restrictive border controls and bans on women's movement should not be considered methods to stop trafficking.

GAATW is concerned with the assumption in Roundtable 2.2 that 'irregular migration' is linked to or synonymous with trafficking, implying that managing and clamping down on irregular migration, through strict border controls, would best address trafficking. Not only does this overlook that trafficking occurs even when a person has migrated through regular channels, it also ignores the present reality in which many working class people must migrate through whatever means to survive.

Anti-trafficking laws are adversely affecting working class migrants by restricting semi-skilled women's movement from their country of origin or at border crossings. To date, trafficking prevention efforts have centered on the movement of potentially trafficked persons by tightening border security and preventing certain low-skilled migrant workers from leaving origin countries or entering countries of destination. This makes the migration process difficult for all migrants and increases the need for third-party assistance (brokers, agents) which increases migrants vulnerability to traffickers. Thus, when not properly assessed anti-trafficking laws can increase trafficking.

Anti-trafficking measures are commonly developed to 'protect women', rather than protecting their rights. This has led to women from some origin countries being denied the right to leave their country. For example, the Indian Government considered women migrant workers a "particularly vulnerable lot" and "issued an order prohibiting any female household worker below the age of 30 from being employed in the Kingdom of Saudi Arabia under any circumstance."[3] To avoid this ban, women are having to take riskier migration options than their male counterparts, making them more vulnerable to abuse at the destination point.

Destination countries have also closed their borders in misguided attempts at protection. Many Brazilian women attempting to enter the European Union have been repeatedly denied entrance and repatriated on the grounds that immigration officials thought they looked like "prostitutes" and thus likely to be trafficked. The preventative language used here does not mask the violations of women's rights to freedom of movement and freedom from discrimination. More empowering strategies must be found.

2. Migration policies should not contradict the aims of anti-trafficking policies to protect trafficked persons and other migrants.

Under many migration management programmes, the ability of people who need to migrate for work in order to survive or to improve their well-being is being severely restricted, as people are prevented from being able to migrate legally and safely into fair and reasonable working conditions.

Migration and labour policies are discriminating against poor people and particularly poor women. Such discrimination creates opportunities for dishonest brokers, corrupt officials and ruthless employers to exploit or traffic migrants. Effective prevention of trafficking thus requires recognition of the migration-trafficking nexus and seeks to facilitate and promote safe migration and fair work for all. Migration policies should be reformed so as not to contravene the aims of anti-trafficking initiatives.

Most trafficked persons are economic migrants, but it is important to remember that the vast majority of economic migrants are not trafficked. Governments and civil society organisations therefore need to work closely with migrants to determine not only what makes them vulnerable to trafficking, but also what safeguards were instrumental in ensuring a 'safe migration' situation.

3. Migrants' rights should be upheld in practice, and central to all GFMD discussions.

The first GFMD Roundtable (1.1 and 1.2) emphasizes that "[r]especting the rights of migrants is especially relevant for lower skilled labour migrants and also for female migrants..."[4] The rights-focus in GFMD Roundtables 1.1 and 1.2 should not be forgotten in Roundtables 2.1 to 3.3, which are not explicitly about rights.

The GFMD Roundtables run concurrently, and we question whether the conversations on
human rights being discussed in one room will have any impact on the discussions on
irregular migration in another. We challenge those delegates attending
Roundtables 2.1 to 3.3 to ensure that human rights implications of
regularisation policies, anti-trafficking legislation and migration management
programmes are examined.

We urge governments to take seriously not only the human rights of regular migrants
but also those who are undocumented. Further we encourage governments to maintain
a human rights approach which does not make the protection of the rights of
migrants and trafficked persons secondary to the perceived protection of
national security.

Trafficked persons are migrants who have ended up working in exploitative working conditions. Appropriate protection of the rights of migrants and workers is essential. Human rights such as freedom of movement, the right to migrate and freedom from discrimination should be rights given to all migrants including trafficked persons.

We appreciate that human rights have been included in this year's GFMD programme, and we would like to comment on the instrumental nature of their inclusion. The topic description for Roundtable 1.1 states: "These standards and rights are accorded to migrants on the assumption that a protected worker is a more productive worker, and thus, becomes a better agent of development."[5] We would like to emphasize the equal, universal and inalienable nature of human rights, rather than an instrumental one. Rights should not be conferred on people depending on whether the meeting of a right is deemed 'useful' for development or any other cause. Rather rights should be granted for rights' sake, rather than because they make someone a 'productive worker'.

Recommendations

1. Restrictive border controls and bans on women's movement should not be considered methods to stop trafficking.

o Protect people against discriminatory practices that particularly restrict semi-skilled women at points of origin and at border crossings.

2. Migration policies should not contradict the aims of anti-trafficking policies to protect trafficked persons and other migrants.

o Reform migration policies to be in line with national and international anti-trafficking legislation to protect trafficked persons and other migrants.

o Ensure that migrants are involved in developing appropriate mechanisms to end labour exploitation and trafficking, by their identification of safeguards instrumental to ensuring 'safe migration'.

o Allow for full migrant participation in the GFMD process and discussions.

3. Migrants' rights should be upheld in practice, and central to all GFMD discussions.

o Recognize the rights of all migrants (undocumented and documented) as equal, universal and inalienable.

o Maintain a human rights framework and impact assessment in all GFMD roundtables.

o Uphold the rights of all migrants to freedom of movement, to migrate, and to freedom from discrimination, over and above perceived protection of national security.

Muslims right to be protected against mandatory testing on HIV

The news from the Star below is really alarm on the issue of mandatory testing on HIV which violates human right of person and their dignity. According to the new starting next year Muslims planning to get married must undergo HIV tests. Why they have to do that?

• Does Islamic Development Department (Jakim) understand right to privacy? Every person should protected against mandatory testing; HIV status kept confidential
• Why Muslim couple? Being Muslim they also entitle to protected against discrimination
• If the department would like to do activity to prevent the transmission of HIV, all the rights include right to information and education, freedom of movement , right to non-discrimination ,right to health and right to privacy . All of these rights should be protected so that people will come forward for HIV information, education and means of protection, and will be supported to avoid risky behaviour:

Testing for HIV require Pre and Post counseling from the trained counselor.. The result from testing without proper counseling will have huge consequences to person. It should be an option NOT the must undergo HIV tests /mandatory testing.

It reminded us on the Malaysian and lots of other government policy on mandatory testing for migrant worker. If they found HIV+ they won’t be able to get the work permit and it violates their right to employment and really discrimination.

So we must call to end all policy on mandatory testing either they are Muslim couple or migrant worker.

Pre-marital HIV tests for Muslims

The Star , Tuesday Oct 7 , 2008

STARTING next year Muslims planning to get married must undergo HIV tests.

Islamic Development Department (Jakim) director-general Datuk Wan Mohamad Sheikh Abdul Aziz said all state religious authorities agreed to implement and enforce the ruling in a meeting in July.

However, Wan Mohamad said those found to have been infected with the AIDS would still be allowed to continue with the marriage if both partners wanted to go ahead.

"The couples will not be stopped if they want to go through it. In fact, state religious authorities will play their role in assisting such couples by giving them counselling and advice on preventive measures, and on how to prepare themselves physically and mentally.

"The HIV test will be offered to Muslims free of charge," he told Berita Harian.

The daily also reported that Rela officers would be roped in to monitor activities at all 67 Puspakom branches nationwide after an earlier operation received positive feedback from the public.

Its chief executive officer Datuk Salamat Wahit said the idea would be implemented after the festive season and that Rela personnel currently stationed at five Puspakom branches were helpful.

"We think this is a good idea as an immediate measure to deter touts at Puspakom," he said.

http://news.asiaone.com/News/AsiaOne%2BNews/Malaysia/Story/A1Story20081007-92108.html

THIS YEAR’S TREATY EVENT : 39 state parties ratified Migrant Workers Convention

The Convention on the Rights of Migrant Workers received two ratifications (Jamaica and Paraguay) and one signature, taking the number of State parties to 39.

Malaysian government ratified UN Convention against Corruption bringing the total number of States parties to 126.

Surprise to see Lao PDR ratified the Convention for the Protection of All Persons from Enforced Disappearance together with Bulgaria, Greece, Iceland, and United Republic of Tanzania) and one ratification (France), giving it a total of five States parties (others are Albania, Argentina, Honduras and Mexico) towards the 20 needed to enter into force.

CEDAW: The Optional Protocol to CEDAW received one accession and one ratification (Tunisia and Switzerland) and two signatures, taking the total number of States parties to 92. The Optional Protocol entered into force in 2000 and provides for communications by individuals or groups regarding violations of the Convention to be received by the monitoring Committee and permits the Committee to conduct inquiries into grave or systematic violations.

HUMAN RIGHTS OF PERSONS WITH DISABILITIES, MIGRANTS, WOMEN, CHILDREN DOMINATE THIS YEAR’S TREATY EVENT

42 Member States Took Actions in Areas of Environment, Trade, Disarmament



The 2008 Treaty Event concluded today with 42 Member States having taken 81 treaty actions. Six States participated at the level of Head of State and 21 at the level of Minister for Foreign Affairs. There were a total of 32 signatures and 49 ratifications, accessions, consents to be bound and other actions.



The Convention on the Rights of Persons with Disabilities received the most attention at this year's Event, with six signatures and three ratifications ( Austria, New Zealand and Uganda), bringing the total number of States parties to 40. The Optional Protocol to the same Convention received seven signatures and two ratifications ( Austria and Uganda). The Convention and its Optional Protocol both entered into force in May this year.



The Convention for the Protection of All Persons from Enforced Disappearance received five signatures (Bulgaria, Greece, Iceland, Lao People’s Democratic Republic and United Republic of Tanzania) and one ratification (France), giving it a total of five States parties (others are Albania, Argentina, Honduras and Mexico) towards the 20 needed to enter into force.



The International Covenants on Civil and Political and on Economic, Social and Cultural Rights received an additional signatory -- Comoros -- taking the number of signatories to 71 and 68, respectively. The number of States parties to the Covenants is 162 and 159, respectively.



The Second Optional Protocol to the International Covenant on Civil and Political Rights, concerning abolition of the death penalty, received one ratification (Chile), taking the total number of State parties to 68.



The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women received one accession and one ratification ( Tunisia and Switzerland) and two signatures, taking the total number of States parties to 92. The Optional Protocol entered into force in 2000 and provides for communications by individuals or groups regarding violations of the Convention to be received by the monitoring Committee and permits the Committee to conduct inquiries into grave or systematic violations.



The Convention on the Rights of Migrant Workers received two ratifications ( Jamaica and Paraguay) and one signature, taking the number of State parties to 39. The Convention entered into force in 2003 and creates international standards for the protection of the human rights of migrant workers and their families.



The Optional Protocol to the Convention against Torture, which entered into force in 2006, received one signature ( Congo).



The two Optional Protocols to the Convention on the Rights of the Child, relating to the involvement of children in armed conflict and the sale of children, child prostitution and child pornography, received one signature and one ratification each (the Russian Federation ratified the former and Monaco ratified the latter). Both Optional Protocols entered into force in 2002.



In the area of the environment, sustainable development, water and sanitation, the International Tropical Timber Agreement, 2006, which has not yet entered into force, received four signatures and one ratification (Australia) bringing the total number of States parties to 12.



Liberia joined the Law of the Sea Convention, bringing the total number of State parties to 157. Liberia and Guyana also became parties to the Convention's Implementation Agreement.



In the area of disarmament and penal matters, Jamaica made several actions, including acceding to the Conventional Weapons Convention and all its Protocols and Amendments. Belarus also became the forty-eighth State party to Protocol V of the Convention, concerning explosive remnants of war.



The Comprehensive Nuclear-Test-Ban Treaty (CTBT) received one signature (Timor-Leste) and one ratification ( Burundi), taking the total number of States parties to 145. The Treaty, which opened for signature in 1996, is intended to prohibit all nuclear-weapon-test explosions. The CTBT has achieved near-universal adherence, but article XIV of the Treaty requires ratification by 44 named States before the Treaty can enter into force. Of these 44 States, three -- India, Pakistan, Democratic People’s Republic of Korea -- have not signed the Treaty. A further six States -- China, Egypt, Indonesia, Iran, Israel, United States -- have signed but not ratified the Treaty.



Three ratifications to the UN Convention against Corruption ( Belgium, Malaysia and Tunisia) were received, bringing the total number of States parties to 126.



Other treaties that received ratifications during this year’s Treaty Event included the International Conventions for the Suppression of Acts of Nuclear Terrorism and the Suppression of Financing of Terrorism; and the UN Convention against Transnational Organized Crime and its Protocols, among others.

In addition, the Convention on the Safety of United Nations and Associated Personnel and its Optional Protocol received one accession and ratification, respectively. The Lao People’s Democratic Republic and Guyana each deposited instruments to become party to treaties relevant to landlocked and transit developing countries.



Since the first Treaty Event was held in 2000, a total of 1,442 treaty actions have taken place during these events. Treaty actions include, for example, signatures, ratifications, approvals, acceptances, accessions and consents to be bound.



For further information on the 2008 Treaty Event, including all photos of treaty actions, visit the new UN Treaty Database website at: treaties.un.org.

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