[ANM/MMN Open Letter] THAILAND: CALL FOR AN OPEN INDEPENDENT INQUIRY INTO ALLEGATIONS OF ABUSE AND KILLING OF ROHINGYA BY THAI AUTHORITIES FOR IMME

[ANM/MMN Open Letter] THAILAND: CALL FOR AN OPEN INDEPENDENT INQUIRY INTO ALLEGATIONS OF ABUSE AND KILLING OF ROHINGYA BY THAI AUTHORITIES

FOR IMMEDIATE RELEASE January 20 , 2009 ANM -011-2009 An Open Letter to the Prime Minister of Thailand Mr. Abhisit Vejjajiva Prime Minister of Thailand Government house Thanon Nakornprathom Dusit Bangkok 13000 Tel /FAX +6622803000 To the Honorable Prime Minister, Mr. Abhisit Vejjajiva, THAILAND: CALL FOR AN OPEN INDEPENDENT INQUIRY INTO ALLEGATIONS OF ABUSE AND KILLING OF ROHINGYA BY THAI AUTHORITIES The Action Network for Migrants (Thailand) and the Mekong Migration Network, representing migrants and refugees in Thailand and the Mekong, are deeply concerned that the treatment of migrants and refugees in Thailand is inconsistent and thus does not adhere to prevailing international human rights standards. Without a coherent policy, the treatment of refugees and migrants has been left to the discretionary judgment of government officials to deal with situations as they arise. We are particularly concerned about the recent reports that in late December 2008, allegedly 427 Rohingya were forcefully sent back to International water by Thai authorities, whereby only 102 survived when they were rescued by Indian Coast Guards. The others are feared dead. ‘Local human rights groups who have interviewed survivors, say Rohingya refugees from Burma, were held on the remote Koh Sai Daeng off southern Thailand in December, forced back on boats with their hands bound and set adrift with little food and water…’ Bangkok Post, 18/1/2009 - Alleged abuse of refugees probed, Thai Military Accused of Role in Deaths of Hundreds of Burmese Boat People In the same Bangkok Post report, it was also revealed that there was another incident just before the New Year, when the Thai authorities towed 600 Burmese migrants out to sea in four boats. Allegedly, one of these boats is still missing and more than 200 Burmese refugees on board are now feared dead. ANM and MMN is pleased that the Thai government has indicated that they will be investigating the matter, but it is felt that since the alleged perpetrators are the Thai Navy and/or the Thai Immigration Authority, we believe that this investigation should not be done by a government Ministry, but rather a multi-sectoral commission that should conduct its inquiry in an open and transparent manner. It is our position that the National Human Rights Commission of Thailand should also conduct their own independent inquiry. ANM and MMN also call upon the Thai government to immediately adopt the position that it will not in the future set any persons, including refugees and asylum seekers, adrift in sea. The Thai government should allow these people to land, and should adhere to the highest standards of rights and justice including its commitment as contained in the 1999 Bangkok Declaration on Irregular Migration, where persons will be ‘…granted humanitarian treatment, including appropriate health and other services…” There should be no unfair treatment. The Thai Government must Protect the security, safety and well-being of the Rohingya who are currently seeking safety and refuge on Thai soil. They should be provided with all the basic facilities and support needed for survival in accordance with international humanitarian standards and principles. ANM and MMN also call upon the Thai government to immediately set up a joint government and non-government committee to produce a coherent national policy for welfare and protection to avoid future incidents and oversee/ monitor the treatment of asylum-seekers and migrants in Thailand In order to guarantee the future systematic protection of all refugees and migrants, we strongly urge the Thai Government to immediately ratify the International Convention and Protocol Relating to the Status of Refugees and the International Convention on the Protection of Rights of Migrants and their families (1990). Finally, the Action Network for Migrants (Thailand) and the Mekong Migration Network implores Thai Government to call on all governments of ASEAN to condemn and call for a complete cessation to all human rights abuses carried out by the State Peace and Development Council (SPDC) that remains the root cause forcing people to flee to the other countries of ASEAN. Yours sincerely Committee of The Action Network for Migrants (Thailand) Steering committee of Mekong Migration network Cc: 1. The National Human Rights Commission of Thailand 2. Ministry of Foreign Affair 3. Ministry of Defense

Contact Persons:

Mr. Htoo Chit +66 8 1797 7745

Ms. Pronom Somwong +60192371300 (Malaysia)

Action Network for Migrants (Thailand)

Ms. Reiko Harima +852 93692244 (Hong Kong)

Ms. Laddawan Tamafu +66 8 1595 1364 (Thailand)

Mekong Migration network

India, Malaysia sign agreement on employing migrant workers

According to news sources below:
On January 3 2009 India signed a bilateral labour mobility agreement with Malaysia, The broad procedure for employment of workers and the responsibilities of employees, workers and recruitment agencies are outlined in the agreement.
With the agreement, both countries hope to reduce the activities of unscrupulous recruitment agents and provide workers a fair deal in terms of labour law protection and compensations provided by the host country, with this agreement, both party hopes to improve the conditions of the existing workers and bring them under the prevailing labour laws and the social security net of the country.
The two governments will work together on pre-departure orientation and upgrading of skills. They have also agreed for protection and welfare of all categories of workers under the labour and other laws of the host country.
A sufficiently strong legal framework to ensure such recruitment is done in ordinary manner and any problems which might arise could be resolved on the basis of suitable systems and mechanics which will be set up by the joint committee, a body comprising representatives from the two countries to ease the situation.
The JWG consisting of at least three members from each Government will meet twice a year, alternatively in India and Malaysia. They work including to cited cases where Indian workers arrived in Malaysia to find they had no jobs; despite having paid recruiting agents to find them work.


India and Malaysia in labour pact
OUR SPECIAL CORRESPONDENT
New Delhi, Jan. 3: India today signed a bilateral labour mobility agreement with Malaysia, but Kuala Lumpur’s policy of cutting down on migrant workers — from the existing 12 million to 1.8 million — continues.
Both sides said supply of labour was demand-based.
With the agreement, both countries hope to reduce the activities of unscrupulous recruitment agents and provide workers a fair deal in terms of labour law protection and compensations provided by the host country.
Currently there are 1.5 million Indian workers in Malaysia, mostly in service sectors and plantation-based industries.
“With this agreement, we hope to improve the conditions of the existing workers and bring them under the prevailing labour laws and the social security net of the country,” said Malaysia’s human resource minister S. Subramanian, who signed the agreement with minister for overseas Indian affairs Vyalar Ravi.
“There is also scope for enhancing pre-departure and orientation training for workers in the agreement. The agreement will also check unscrupulous agents,” Ravi said.
A joint working group consisting of six members from both countries will also be constituted to review and set the administrative framework of the agreement.
The joint working group and a ministerial committee will meet periodically every year.
But the Malaysian minister admitted that the policy of discouraging migration still existed in his country.
“We have a policy to reduce the number of migrant workers to 1.8 million from the existing 12 million. Then recruitment of workers is based on demand. Wherever and whenever there is a demand, we will recruit workers,” Subramanian said.
http://www.telegraphindia.com/1090104/jsp/nation/story_10340946.jsp



India, Malaysia sign pact on employing labourers
By Rajiv Gupta on January 4th, 2009 14 views
New Delhi, Jan.3 (ANI): India and Malaysia on Saturday signed a Memorandum of Understanding (MoU) for improving recruitment and working condition of employees.
Indian Overseas Affairs Minister Vayalar Ravi and the Malaysian Human Resources Minister Dato Dr. S. Subramaniam signed the MoU in New Delhi.
“It is a major milestone in our friendship mark towards the protection of Indian workers going abroad and of course it will further strengthen relation between Malaysia and India,” said Ravi.
The broad procedure for employment of workers and the responsibilities of employees, workers and recruitment agencies are outlined in the agreement.
With the signing of MoU both the nations have agreed to facilitate orderly recruitment and deployment of workers.
The two governments will work together on pre-departure orientation and upgrading of skills.
They have also agreed for protection and welfare of all categories of workers under the labour and other laws of the host country.
A joint working group (JWG) would be set up to implement the MoU and review employment opportunities and availability of corresponding skills in both countries.
“This joint committee will work out the administrative details of how are we are going to implement the spirit of intentions of this memorandum of understanding. Hope with this we will have a sufficiently strong legal framework to ensure such recruitment is done in ordinary manner and any problems which might arise could be resolved on the basis of suitable systems and mechanics which will be set up by the joint committee,” said Subramaniam.
The group will also explore new avenues for cooperation in the field of labour and manpower development for mutual benefit.
The JWG consisting of at least three members from each Government will meet twice a year, alternatively in India and Malaysia.
Malaysia is an important destination for Indian workers. According to official estimates of the Malaysian Government, there are approximately 150,000 Indian workers in Malaysia, out of about 2 million foreign workers there.
Most of the Indian workers work in the plantation and construction sectors. During 2007, about 30,916 workers immigrated to Malaysia after obtaining emigration clearance.(ANI)
http://silverscorpio.com/india-malaysia-sign-pact-on-employing-labourers/
Malaysia, India to sign pact to protect workers: report
6 days ago
KUALA LUMPUR (AFP) — Malaysia and India are to sign a labour accord Saturday to govern the recruitment and welfare of their workers in each other's country, a report said Monday.
Malaysia's Human Resources Minister S. Subramaniam said the document would address abuses by recruiting agents and others against Indian workers brought into the country.
It will be signed by Subramaniam and Overseas Indian Affairs Minister Vayalar Ravi in New Delhi on January 3, The Star newspaper reported.
Malaysia is one of the largest importers of foreign labour in Asia. Foreign workers, both legal and illegal, account for about 2.6 million of its 10.5 million workforce.
The Star said there were about 150,000 Indian workers in the country, many of them in the plantation, construction and services industries.
Subramaniam cited cases where Indian workers arrived in Malaysia to find they had no jobs, despite having paid recruiting agents to find them work.
The agreement would set up a body comprising representatives from the two countries to ease the situation, he said.
Abuses against foreign workers are frequently reported in Malaysia's media.
In May last year, a Malaysian employer and his family were accused of starving and torturing an Indian migrant worker and then leaving his body in a remote jungle.
The three had allegedly beaten Ganesh Kumar Ramamoorthy, 28, from Tamil Nadu state, with canes and steel chains. They have been charged with manslaughter.

http://www.google.com/hostednews/afp/article/ALeqM5jMrtabjZiTKSR3i238ATg90sXSAw

Letter from TF-AMW to ASEAN

Task Force on ASEAN Migrant Workers

November 25, 2008

H.E. Surin Pitsuwan
Secretary-General, ASEAN
ASEAN Secretariat
Jakarta, Indonesia

RE: Development of Engagement Mechanism between ASEAN Committee for Migrant Workers (ACMW) and the Task Force on ASEAN Migrant Workers (TF-AMW)

Dear Secretary-General Surin,

This statement reflects the views of the participants of a regional consultation of key stakeholders convened by the Task Force on ASEAN Migrant Workers (TF-AMW) on November 24-25, 2008, to discuss the rights of migrant workers under the ASEAN Declaration on the Promotion and Protection of the Rights of Migrant Workers. At the outset, we commend ASEAN for following through to ensure the timely establishment of the ACMW, which held its first meeting in Singapore in September 2008. We take this as a clear indication of ASEAN’s commitment to implement an Instrument (as called for by the above-mentioned ASEAN Declaration) which will effectively protect migrant workers who are among ASEAN’s most vulnerable groups.

The TF-AMW kindly requests your assistance in supporting the development of a system of substantive participation and engagement to be set up between the newly established ACMW and the TF-AMW. The TF-AMW serves as the platform for ASEAN civil society groups working for the implementation of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers. We believe that this action would be in line with your vision for a “sharing, caring” ASEAN where citizens’ participation is both sought and respected. It is our view that the way this request for greater participation by civil society organizations is handled by ASEAN will be an important indicator of the level of collaboration that a “New ASEAN” plans to extend to its citizens and their grass-roots organizations in the future.

As you already know, the TF-AMW is hard at work developing a civil society version of the Instrument on the Protection and Promotion of the Rights of Migrants Workers. The TF-AMW has so far held seven national consultations (Cambodia, Indonesia, Lao PDR, Malaysia, Philippines, Thailand, and Vietnam) to channel the voice of national civil society organizations into our process. The recommendations resulting from those consultations have informed our work on the Instrument, and we have just completed our intensive review and revision of the 3rd draft of that Instrument. When completed, we intend to submit the final version of ASEAN civil society’s Instrument to both you and to the Senior Labor Officials Meeting (SLOM) at its upcoming meeting in Bangkok in 2009.
The civil society Framework Instrument is guided by four central principles. First, it will include and cover all migrant workers in ASEAN. Second, it will recognize that migration benefits both sending and receiving countries. Third, it will follow the principles of non-discrimination in treatment provided to migrant workers and their families. Finally, given the predominance of women who are migrating for work, it will ensure that migration policies and practices are formulated with attention to gender concerns.

There are four sections in our draft Instrument focusing as follows:

“Obligations of Labour Receiving Countries.”
From the outset, a key recommendation include ensuring that migrant workers are treated in accordance with the core labour standards of the ILO. The Instrument calls for according “national treatment” to migrant workers in terms of wages and conditions of work, and instituting standard contracts for hiring migrant workers throughout the region. The Instrument reaffirms migrant workers’ rights to hold their own passports and worker identification and calls for strong penalties against employers and others who seize these documents. Furthermore, the Instrument seeks special attention to the challenges faced by particularly vulnerable migrant domestic workers. Other areas where action is sought include ensuring provision of health care for migrant workers and their families, guaranteeing safe and hygienic accommodation and living conditions, making certain there are effective systems of inspection, and providing migrant workers with effective access to legal systems and justice.

“Obligations of Labour Sending Countries.”
These are understood to include effective pre-departure training systems and programs. Efforts should also be focused on vocational training and capacity building, especially for the CLMV countries. These elements are part of a larger set of requirements related to deployment of effective systems to regulate migrant workers’ departure to work in another country as well as their return and reintegration to their origin country. The Instrument also urges Governments to institute effective accreditation and regulation processes to oversee labour recruitment agencies in order to prevent abuses. Another area for action is to ensure systems of protection for migrant workers, through deployment and pro-active efforts of committed labour attachés or other staff at sending country Embassies in labour receiving countries.

“Joint Obligations of Labour Sending and Labour Receiving States.”
Among the areas where action is recommended is effective regulation of labour recruitment agencies; institution of practical and effective grievance systems that can be used by migrant workers; development of schemes to facilitate the migration of skilled labourers and recognition of their skills; effective suppression of human trafficking; and setting up easy-to-access systems to facilitate transfer of workers’ remittances and creation of safe institutions where migrant workers can save their money. Finally, and importantly, the section calls for member states to harmonize their national labour laws with international labour standards.

“Commitments by ASEAN.”
This section discusses administrative requirements, such as reporting and encourages participatory systems that include ASEAN civil society, both at the national and regional level. The Instrument also explores some of the possibilities for future ASEAN systems to protect migrant workers (such as an ASEAN worker ID, hotline, portable insurance). Concerning the forthcoming ASEAN Human Rights Body, the Instrument recommends the creation of an AHRB Subcommittee on the Rights of Migrant Workers. The Instrument lays out systems that could be further developed by ASEAN to manage the responsibility (set out in the ASEAN Declaration on Migrant Workers) for mutual cooperation among ASEAN countries in assisting migration workers from ASEAN when they are toiling in countries that are outside ASEAN.

Obviously, this is just a short summary of civil society’s Instrument on the Protection and Promotion of Migrant Workers, which now stretches to 35 pages and 171 articles. We look forward to continue the dialogue with you and your staff in the future on the specifics of the system of protection for migrant workers that the TF-AMW and its component regional and national networks of NGOs, trade unions, and other stakeholders desire.

Finally, since many of these issues are central to the ASEAN Socio-Cultural Blueprint which will be approved by the ASEAN Summit in December, we have taken the liberty of sharing this letter with the delegates of the ASEAN Social Forum meeting in Manila on November 27-28, 2008.

I look forward to discussing these issues with you and your staff in the near future.

With best wishes,


Sinapan Samydorai
Convener
Task Force on ASEAN Migrant Workers

CC:
Chair, ASEAN Social Forum – Nov. 27-28 meeting
All Focal Points, ASEAN Committee on Migrant Workers (ACMW)
ASEAN Department, Ministries of Foreign Affairs, ASEAN Member States

Reason for immediate abolition of RELA

RELA raid - 1 Dead...1 seriously injured. Abolish RELA.

RELA raid...and another death. It was a raid by apparently just the RELA...(the 'volunteer vigilante corp'). Where were the professional law enforcers - the Police, the Immigration Enforcement Officers during this raid?

"The operation at Jalan Changkat 19/1, involving eight Rela officers, was conducted after Rela received reports of illegal immigrants staying in the unit...."

This is NOT the FIRST time that deaths have allegedly resulted during RELA raids.

I hope that the police immediately commence criminal investigations (or SUHAKAM does an immediate inquiry) to find out what really happened. To determine whether the death was a mere accident or not. Are there any RELA member who are criminally (or otherwise) responsible for the death? Was the death caused by the absence (or lack) of professional training when the raid was conducted?

The undocumented migrant would generally face arrest, detention and deportation. Worse case scenario some WHIPPING..and a jail term...but this is not so bad for a person to 'jump to his death' for, is it. Was he pushed?

Investigation must be done NOW - and must involved also them who have been detained as allegedly being 'undocumented workers', before they are all deported...and the truth covered-up. We really should have PROCEDURES to immediately conduct independent inquiries into these kind of cases - within a month, when the memory is still fresh.

SHAH ALAM: A Rela raid ended in tragedy when an Indonesian illegal immigrant was killed and another seriously injured when they fell from a flat in Section 19 here yesterday.

Shah Alam police chief Assistant Commissioner Nor Azam Jamaluddin said a Rela officer lodged a police report after the 1.30am raid.

He said the Indonesian died an hour after he was discovered by Rela officers.

The injured man was being treated at Tengku Ampuan Rahimah Hospital in Klang.

Selangor Rela director Khairi Mohd Alwee said both men were believed to be hiding when Rela officers raided the fourth floor flat and detained six illegal immigrants, including two women.

Khairi said they were later found in a pool of blood on the ground floor.

He said Rela requested the help of paramedics from Civil Defence Department but one of them died.

"The operation at Jalan Changkat 19/1, involving eight Rela officers, was conducted after Rela received reports of illegal immigrants staying in the unit.

"In light of this incident, I hope all illegal immigrants surrender to the authorities during such operations.

"They should not endanger themselves by trying to flee.

"Illegals would be treated fairly by the authorities after detention."

Apart from the operation in Section 19, Rela Selangor, with the help of the Immigration Department, also conducted similar operations around Puchong and Damansara.

A total of 103 illegal immigrants were detained. - New Straits Times, 27/11/2008 - Illegal dies during raid

I wonder whether the RELA members are still being paid for each and every 'undocumented' migrant they arrest....

Migrants are human beings and should not be treated as stray dogs, and the policy and practice of paying members of the People’s Volunteer Corps (RELA) RM80-00 for each undocumented migrant must be stopped (Star, Monday January 23, 2006). Now RELA is also asking for allowance of RM24.20 for lower ranking members and RM34.20 for officers given to those participating in trainings and courses could be extended for operations (Star, Wednesday December 27, 2006 - RELA seeks allowance for staff during ops).

Syed Shahir, President MTUC during his opening speech at the MTUC/ILO Follow up Workshop on Migrant Workers in Malaysia held on 4-6 December 2006 said that this practice of using these “uniformed part-timers who have some policing powers, who were offered and did receive cash rewards for each migrant arrested as an economic incentive and this was most disturbing and embarrassing.” He also went on to say that it was sad that Home Affairs Minister Datuk Seri Radzi Sheikh Ahmad was reported to have said RELA members would be again roped in for the planned crackdown on undocumented workers in 2007(Star, 14/10/2006).

MCA Public Services and Complaints Department head Datuk Michael Chong claimed that the reward offered had made RELA volunteers desperate to nab as many illegals as possible. He said this when handing over RM,2,400-00, being donations, collected by residents of Old Klang Road’s 4th mile area, to the widows, both of whom had two young children. Their husbands, Ahmad Apik, 35, and Edy Sathurrohman, 26, both Indonesians, drowned allegedly after jumping into the Klang river while trying to evade the RELA personnel. Let’s not forget the words of Michael Chong :” “These people may be illegals [undocumented], but they are still human beings,” (Star, Monday January 23, 2006). A wife loses her husband and 2 children lost their fathers, and RM1,200-00 in donations is a far cry from justice. - RELA’S “CATCH A MIGRANT AND GET PAID FOR IT” POLICY MUST END

Recall also the Malaysian Bar Resolution in 2007 calling for the abolition of RELA..

MALAYSIAN BAR RESOLUTION FOR THE END OF THE STATE OF EMERGENCY AND AN END TO LAW ENFORCEMENT” BY THE UNTRAINED AND ARMED PEOPLE'S VOLUNTEER CORPS ( RELA)

Whereas:-

1. On 31^st August 2007, it will be 50 years since Malaysia achieved its independence and has been for over 30 years been a peaceful democratic nation.

2. It is sad that Malaysia is still in a state of Emergency as there exist today 4 Proclamation of Emergencies issued by the Yang di-Pertuan Agong that is yet to be revoked.

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

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

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

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

7. By reason of the proclamation of emergency, numerous legislations were enacted and are still in force, including also :-

a) Emergency (Essential Powers) Act, 1964 (30/64), today known as the Emergency (Essential Powers) Act 1979;

b) Emergency (Public Order and Prevention of Crime) Ordinance 1969;

c) Essential (Security Cases) Regulations 1975

8. For example, Section 6 of the Emergency (Essential Powers) Act 1979, states that “"For so long as the Proclamation of Emergency referred to in the preamble to this Act remains in force, the regulations made under the Emergency (Essential Powers) Act, 1964 (30/64) (except those regulations which the Yang di-Pertuan Agong may by notification in the Gazette declare not to be in force) shall be in force and shall have effect as if they have been made under this Act; and the regulations may be amended, modified or repealed as if they have been made under this Act.". [The proclamation of emergency referred to in this Act was the proclamation issued on 15 May 1969.]

9. The Ikatan Relawan Rakyat or better known as RELA (a People's Volunteer Corps) came into being by virtue of Essential (Ikatan RELAwan Rakyat) Regulations 1966 [P.U. 33/1966], under Emergency (Essential Powers) Act, 1964 (30/64), and continue to be in force by virtue of Section 6 of the Emergency (Essential Powers) Act 1979.

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

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

12. Noting also that there has been numerous complaints that have surfaced in the media about the RELA not just from migrants but also Malaysians ranging from torture, gangster-like behavior, damage to property, wrongful arrest and detention and even the causing of deaths.

13. Its was reported that RELA arrested a total of 17,700 people believed
to be illegal immigrants and screened 94,010 people up to September
2006, and that means 94,010 people (or 76,310) with proper documentations were subjected to unnecessary harassment and their right to a remedy in law is difficult. Of the people arrested, recent reports in the media indicate that many may even not be “illegal” or “undocumented” migrants at all.

* “…six foreign workers, all with legal travel and work documents, were whisked out of their quarters in a resort in Cherating in the wee hours of the morning on Dec 28 last year when RELA members "literally broke into their chalet and ordered them out." (The Star, January 12, 2007).”

* “…a team of 30 to 40 RELA members (half not in uniforms) turned up to look for foreign workers, assaulted some and allegedly stole cash and valuables during the raid. The companies, who lodged police reports, said that all the workers had legal work permits…..”(The Star, December 4, 2006) ·

* “22 workers of an IT company were beaten and made to do a 50m "duck-walk" at Section 30 in Shah Alam…” (The Star, February 16, 2006)

* Residents of about 10 households in Taman Anggerik, Cheras, Kuala Lumpur, complained that RELA personnel crashed into their homes after breaking door locks and smashing gates, and told them that they [RELA] were looking for illegal workers. The residents said the RELA personnel acted like gangsters and showed them no respect. When they asked the RELA personnel to explain why they crashed into their homes, they were told "we are the law." Cash totaling RM3,756 in a drawer was subsequently found missing. (The Star, October 17, 2006)

14. There have also been report of beatings and even deaths caused by RELA volunteers. As an example, in early 2006 it was reported that Ahmad Apik, 35, and Edy Sathurrohman, 26, both Indonesians, lost their lives, and they each left behind a wife and 2 young children. (Star, January 23, 2006).

15. The policy and practice of paying members of the People's Volunteer Corps (RELA) RM80-00 for each undocumented migrant must be stopped (The Star, January 23, 2006). Even MCA Public Services and Complaints Department head Datuk Michael Chong claimed that the reward offered had made RELA volunteers desperate to nab as many illegals as possible. (The Star January 23, 2006)

15. Malaysia is a developed country and professionally trained enforcement personnel should be used for law enforcement, and the use of volunteers like the RELA must end.

16. Some migrants may be undocumented, but they are still human beings and deserved to be treated humanely and should be accorded equal protection under the law.

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

18. New laws can always be enacted by a parliament in times of peace if needed.

IT IS HEREBY RESOLVED:-

a) That we, the Malaysian Bar, call upon the Yang Di-Pertuan Agung to revoke all existing Proclamations of Emergency in Malaysia;

b) That we, the Malaysian Bar call for the repeal all legislations and Acts that were enacted and continue to be in force by reason of the now existing unrevoked Proclamations of Emergency;

c) That we, the Malaysian Bar reiterate our call for the repeal of Emergency (Public Order and Prevention of Crime) Ordinance 1969 and the Essential (Security Cases) Regulations 1975;

d) That we, the Malaysian Bar specifically call for the repeal of the Emergency (Essential Powers) Act 1979 and all Regulations and Rules made thereunder, in particular Essential (Ikatan RELAwan Rakyat) Regulations 1966 [P.U. 33/1966], as amended by the Essential (Ikatan RELAwan Rakyat) (Amendment) Regulations 2005;

e) That we, the Malaysian Bar call for the employment and usage of only properly trained professional law enforcement personnel in Malaysia;

f) That we, the Malaysian Bar urge that inquests be conducted for Ahmad Apik, Edy Sathurrohman and for the other persons who have died as result of alleged RELA actions;

g) That we, the Malaysian Bar urge that all persons including undocumented migrants and/or refugees be treated humanely and accorded equal protection of the law;

h) That we, the Malaysian Bar call on the Malaysian government to immediately ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families;

i) That we, the Malaysian Bar call on the Malaysian government to immediately ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Proposers: Charles Hector & Francis Pereira, Motion dated 18^th February 2007.The motion was unanimously carried at the 61st Annual General Meeting of the Malaysian Bar held at the Grand Ballroom, Legend Hotel, Kuala Lumpur - 17 March 2007

Source:- RELA man outraged woman's modesty - Abolish RELA now

The Malaysian Government must employ more full-time professionally trained Immigration Enforcement Officers, and Police - and stop using this volunteer corp...

RESPECT human life and human persons - and abide by the commitments made by Malaysia in the 1999 BANGKOK DECLARATION ON IRREGULAR MIGRATION, which clearly states “Irregular [undocumented] migrants should be granted humanitarian treatment, including appropriate health and other services, while the cases of irregular migration are being handled, according to law. Any unfair treatment toward them should be avoided”

Note also that this incident occurred in Selangor - a Pakatan Rakyat governed state, and I say again that Pakatan Rakyat must EXPRESS clearly its position and stance with regard to RELA....and also Migrants and Refugees in Pakatan Rakyat governed states.

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.