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Board of Governance 2008-2009
Amnesty International Malaysia

AMNESTY INTERNATIONAL MALAYSIA
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Document - Malaysia: Government failing to respect the right to freedom of ...

Amnesty International

Public Statement

 

 

AI Index: ASA 28/008/2007

Date: 12 December 2007

 

 

 

Malaysia: Government failing to respect the right to freedom of assembly

 

Amnesty International condemns the arrests of human rights lawyers, activists and members of the public in the past few days as they exercised their right to peaceful assembly and freedom of expression. These include members of Bersih, a national coalition of NGOs and opposition politicians, calling for free and fair elections and the Hindu Rights Action Force (Hindraf). Amnesty International is also concerned that there are still many individuals who remain in detention, and calls for the immediate release of all those detained.

 

Amnesty International is concerned that the Malaysian government appears to have begun a sustained crackdown against public assemblies. In recent weeks two large assemblies have been held which have been met by excessive use of force by police and arrests on dubious charges. On 10 November, Bersih held a large demonstration of at least 30,000 people. In a separate incident on 25 November, Hindraf gathered around 40,000 ethnic Indians in order to protest their dissatisfaction over government policies resulting in marginalisation of and discrimination against the Indian community. During both demonstrations, police used water canons, tear gas and excessive force against demonstrators, resulting in many injuries. Mass arrests and arbitrary detention also occurred following the events.

 

Amnesty International is concerned that the Malaysian government is obstructing the fundamental human right of all individuals to freedom of expression and assembly. A series of arrests and charges began on 6 December, when 31 Hindraf supporters were charged with attempted murder, after a policeman suffered injuries, and have been refused bail. In addition, three leaders of Hindraf, P. Uthayakumar, P. Waya Moorthy, and Ganapathy Rao, have been charged under the Sedition Act for remarks made during a speech on 16 November, and with a letter posted on their website.

 

Nine human rights lawyers and activists were arrested on 9 December as they attempted to conduct a march commemorating Human Rights Day. The march which began at a large department store in Kuala Lumpur central market, was stopped halfway by a large police contingent. The lawyers were arrested and now face charges of illegal assembly and disobeying police orders to disperse. If convicted, they could face up to two and a half years imprisonment. Amnesty International also expresses concern over the arrest of seventeen members of Bersih who attempted to deliver a memorandum to opposition parliamentarians, on 11 December.

 

In putting its signature to the ASEAN charter on 21 November, Malaysia has committed itself to the ‘promotion and protection of human rights’ as stated explicitly in the Charter. Amnesty International urges the Malaysian Government to respect the fundamental rights of assembly and expression and to safeguard against arbitrary arrest and detention enshrined in the Malaysian Constitution and international human rights law. The organisation also calls on the Malaysian Government to ratify the ASEAN Charter without delay, and to give effect to the human rights principles contained within the Charter through the creation of an effective and independent regional human rights body.

 

Over recent years Amnesty International, along with the National Human Rights Commission (SUHAKAM) and the Royal Commission to Enhance the Operation and Management of the Royal Malaysian Police, has called on the government of Malaysia to amend section 27 of the Police Act. The section stipulates that a police permit is required for public assemblies. Under the Police Act anyone participating in a demonstration can be arrested and detained for ‘illegal assembly’. Amnesty International recommends that the Malaysian authorities implement the recommendations contained within the reports from SUHAKAM and the Royal Commission that also give guidance on police procedures during the dispersal of demonstrations and issuance of permits.

 

In light of the fact that more demonstrations are likely in the lead up to elections expected in 2008, Amnesty International urges the Government of Malaysia to respect the right to freeom of assembly and expression. The legitimate maintenance of public order must not be achieved through violating the rights of people who peacefully assemble and express their opinions.

 

http://www.amnesty.org/en/library/asset/ASA28/008/2007/en/pzcahVE-67AJ

 

In Malaysia, we have foreign workers both skilled and labourers in thousands or millions some have it good, easily been given blue ICs, while many Malaysians have not seen other than their red ICs for many decades however, the point of concern is the plight of workers under the Malaysian employers. so many issues deniying them basic human and employment rights by the order for both skilled workers and labourers:

1. The brokers who bring them here will squeeze as much and perhaps almost leaving the family penniless back in their home country

2. when they reach here, they are all dumped by the 10s in one house...no privacy and no little SPACE for basic breather I know of one house in penang which has over 20 bangladeshi workers..all almost can cuddle and sleep together. The have been denied even simple comfort, as promised by the employer earllier on

3. They are always living in fear from local mat rempits who have no qualms of stealing/exhorting money from them. Everyday there will be at least one worker who has his wallet stolen or his goreceries robbed away

4. Their salaries will be deducted when they reach here for things that was not mentioned earlier. The agreement is always drafted in favour of the employers' whims

5. As when they take their case to the industrial relations, for negotiations, they risk their permits revoked and thus they are deemed as illegal. The immigration department does not favour them or work hard to help reduce the red tape. soon enough, they no longer have a roof over their heads, and the government agencies do not provide them temporary shelter until the case ends

6. They also fear of being mobbed by thugs sent by angry employers..they actually fear for their lives 7. many skilled workers who have given up hope have left for home with meagre salary that they managed to obtain with pain in their hearts and a bad impression of our country. The rest who cant leave the country, stay on and just bear the repression

Interesting comment by Susan Loone
http://sloone.wordpress.com/2008/03/27/893/#comment-44013

Khalid Ibrahim, the newly minted Selangor chief minister wants companies with migrant workers to pay RM9 each so that the money can fund training courses for unemployed persons.

It’s a silly policy, short-sighted and shows lack of human compassion for the workers involved. Khalid cannot just shoot off crap from his mouth as he likes. Suggestions like this involve policy changes. Policies should not be changed according to the whims and fancies of whoever is in power.

First of all, the companies involved are not going to pay this amount from their pocktes. They’ll deduct it from the migrants’ salaries, which is already chicken feed.  These employers spend more on food, accesories and health care for their pet dogs and cats, you can be sure. 

Khalid, in all his mightiness, as ex-Guthrie CEO or current menteri besar, I am afraid, can’t do a thing to stop towkays and bosses from exploiting their workers further in this way. And what does it say about Selangor, the new and riches Opposition state?

Secondly, what has the migrants got to do with unemployed persons? Why must they be made to pay for our unemployment problems?

The very fact that migrants are at work, though miserably paid, shows that we have job opportunities. But why are they still many, many unemployed people in Malaysia?

It’s not that locals do not want to do the kind of jobs that migrants currently do. Employers prefer migrants because they can be easily exploited, and abused. Everyone makes money when a migrant comes to work in this country. From agents to employers,  government official, airline companies, doctors, house owners, everyone! Except the migrant themselves.

And…

It’s not that the migrants have deprived the locals of their jobs, that’s lazy thinking. But its the government policies, employers and agents, who work in cohorts, to make sure they make the most profits, leaving locals with less opportunity for jobs. It’s a vicious cycle, I know. But that’s the reality.

If unemployment is the main issue, there are other ways to takle it. Make Malaysia more conducive for investment, for one. Secondly, require employers to hire more locals, make it a policy. Improve the education system. These are long term policies, but worth investing in.

The education system sucks that students are not prepared for life skills when they finish school. All the education ministry wants to do is make sure that students dont get involved in politics. Well, do you think they can choose what’s best for their lives, if they can’t even be allowed to think about what kind of country they want, or which leaders to govern it?

Khalid’s putting his wrong foot into this. Has he met with migrant workers or those working on migrant issues yet or even the unemployed to know what the main problem is? Consultation is the key. Or else, you are no different from your BN/UMNO predecessors.

Perhaps, I am saying this too soon. To me, one thing has become crystal clear. It seems pointless to have so many social/ NGO activists in government, if none of them can influence policies.

http://sloone.wordpress.com/2008/03/27/893/#comment-44013

Khalid Ibrahim, the newly minted Selangor chief minister wants companies with migrant workers to pay RM9 each so that the money can fund training courses for unemployed persons.

It’s a silly policy, short-sighted and shows lack of human compassion for the workers involved. Khalid cannot just shoot off crap from his mouth as he likes. Suggestions like this involve policy changes. Policies should not be changed according to the whims and fancies of whoever is in power.

First of all, the companies involved are not going to pay this amount from their pocktes. They’ll deduct it from the migrants’ salaries, which is already chicken feed.  These employers spend more on food, accesories and health care for their pet dogs and cats, you can be sure. 

Khalid, in all his mightiness, as ex-Guthrie CEO or current menteri besar, I am afraid, can’t do a thing to stop towkays and bosses from exploiting their workers further in this way. And what does it say about Selangor, the new and riches Opposition state?

Secondly, what has the migrants got to do with unemployed persons? Why must they be made to pay for our unemployment problems?

The very fact that migrants are at work, though miserably paid, shows that we have job opportunities. But why are they still many, many unemployed people in Malaysia?

It’s not that locals do not want to do the kind of jobs that migrants currently do. Employers prefer migrants because they can be easily exploited, and abused. Everyone makes money when a migrant comes to work in this country. From agents to employers,  government official, airline companies, doctors, house owners, everyone! Except the migrant themselves.

And…

It’s not that the migrants have deprived the locals of their jobs, that’s lazy thinking. But its the government policies, employers and agents, who work in cohorts, to make sure they make the most profits, leaving locals with less opportunity for jobs. It’s a vicious cycle, I know. But that’s the reality.

If unemployment is the main issue, there are other ways to takle it. Make Malaysia more conducive for investment, for one. Secondly, require employers to hire more locals, make it a policy. Improve the education system. These are long term policies, but worth investing in.

The education system sucks that students are not prepared for life skills when they finish school. All the education ministry wants to do is make sure that students dont get involved in politics. Well, do you think they can choose what’s best for their lives, if they can’t even be allowed to think about what kind of country they want, or which leaders to govern it?

Khalid’s putting his wrong foot into this. Has he met with migrant workers or those working on migrant issues yet or even the unemployed to know what the main problem is? Consultation is the key. Or else, you are no different from your BN/UMNO predecessors.

Perhaps, I am saying this too soon. To me, one thing has become crystal clear. It seems pointless to have so many social/ NGO activists in government, if none of them can influence policies.

Malaysian minister to contest elections despite calls to quit Published: Thursday, 21 February, 2008, 02:10 AM Doha Time

KUALA LUMPUR: Malaysia’s only ethnic Indian minister said yesterday he will lead his party to victory in upcoming polls despite allegations he has failed to defend the rights of his community. Works Minister S Samy Vellu, president of the Malaysian Indian Congress (MIC) which is a member of the ruling coalition, has been heckled and abused at public events and faced mounting calls for his resignation. The veteran minister has become a divisive figure among ethnic Indians, who make up 8% of the population, since defending the government against recent anti-discrimination protests mounted by Indian activists. “I am confident we can get back the support of the majority of the Indians. The Indian voters now realise they have been misled,â€‌ Samy Vellu told reporters after announcing he would contest the March 8 elections as planned. However, pollsters say they expect the multi-racial coalition led by Prime Minister Abdullah Ahmad Badawi to lose the support of the ethnic Indian and Chinese minorities at the ballot box. Many in the minority groups are angry with the government for maintaining its positive discrimination policies towards the Muslim Malays who dominate the population and make up its support base. Samy Vellu, who turns 72 on polling day, acknowledged that retaining the MIC’s nine national parliamentary seats and 19 state seats would be a battle. “I don’t think it will be easy to win 100%. I know Indians don’t like me nowadays. Their mind has been distracted and crippled by false promises,â€‌ he said. Ethnic Indians have become a political force for the first time in the upcoming elections, after a mass rally in November that led to the indefinite detention of five activists under internal security laws. The community has a long list of grievances including the destruction of Hindu temples, and discrimination in terms of employment and education opportunities. – AFP http://gulf-times.com/site/topics/article.asp?cu_no=2&item_no=202806&version=1&template_id=45&parent_id=25

Devotees mull legal action over unlawful detention
http://www.malaysiakini.com/news/78367

We a group of peace-loving Malaysians were on our way to KL to attend prayers at the Pilaiyar temple in Pudu on 16 February 2008. However, our prayers were short-lived since we were blocked by police who did a road block and brought us to Pusat Latihan Polis (PULAPOL) in Jalan Semarak after confiscating our ICs without any reason.

We were illegally detained for 8 hours from 8.30am until 4.30 pm. There was no reason given why but they took down our particulars and the helpless us just submitted to their power play and could do nothing else. We requested our lawyers to represent us but that was denied. Lawyers could not enter the "FORT" of Pulapol.

We were sometimes threatened by plain clothes officers who said we would be remanded and a magistrate would be coming later to charge us. We were perplexed at the threat and the look on some of the uncles and aunties showed that they are really afraid.

Some rice which we presume are the prisoners' food was dumped upon us and many could not stomach it. It is best described by the picture a friend Palani took.

Our friends from outside begged for the police to get food for us (our friends gave the police money) and only then some decent food was given to us. After that, we were subjected to humilation for having to do urine test. WHAT FOR?

I was truly taken aback. It was at the stinkiest toilet i have ever seen and both men and women had to go and pee at the same ugly and dirty loo.

It was humialiting and unhygienic.

We went back home in disbelief on what we went through and decided to file a police report for the gross violation of human rights.
Today a few of us took time to file a report against the police for abusing their powers and holding us at Pulapol (partial incommunicado). The police report was done at the Patani Road Police Station (IPD -Bah. Timur Laut)

We called the media who came in full force and was represented by lawyer RSN Rayer who did it free of charge for us.
For those who want to support DAP in Penang then RSN Rayer would be candidate to be looked upon. Bravo to a lawyer who put aside his time for a good cause.

Bravo to SUARAM for supporting us fully. Sushi, Soh Sook Hwa and Choo Chon Kai (I love you all).

Sushi talked about police abusing powers and further called that an independent commission - the Independent Police Complaints and Misconduct Commission (IPCMC)- be implemented soon. Check more of this from AMNESTY INTERNATIONAL MALAYSIA.

Now the pictures courtesy from Palani (at Pulapol KL) and Sook Hwa (from the police station in Penang)