A conversation with Aung San Suu Kyi

Transcript of a conversation with Aung San Suu Kyi

29 November 2010, 03:08PM

This is a transcript of a recorded conversation between Nora Murat (the Director of Amnesty International Malaysia) and Aung San Suu Kyi. This conversation took place on 24 November, 2010. The transcript and the recording were supplied Amnesty International Malaysia.

You can listen to the audio of the conversation here.

Nora: Madam my name is Nora and I am the director of Amnesty International Malaysia and I have with me right here youth activists and youth members right now in Malaysia. We have been trying to get you and right now Amnesty International Australia is also listening in. We were unable to contact you earlier but we have about 10 countries with us that wanted to speak to you especially the youth of Asia Pacific. We are wondering if right now if you can give a personal message to the youth of the Asia Pacific if that is alright with you. If we can just have 5 mins of your time right now and we will then record your message and then we will give it to our youth is that alright?

ASSK: Alright. Are you going to read out the questions?

Nora: We have a few questions here, can we ask you?

ASSK: Ok.

Nora: This is one from Amnesty International youth activist. His name is [...]. His asking you can you kindly advise us on how youth can continue working on Burma and who should our action be targeted to?

ASSK: At the moment what we would like our young friends abroad to do is try to do everything they can to bring about the release of the remaining 2,200 political prisoners in Burma. Some of them are young people like themselves, some are not out of their 20s yet, and yet they have been given long long prison sentences. So the first thing that we would like is the youth to increase awareness of the situation of political prisoners in Burma. Do you think that they would be happy to do that?

Nora: Yes we would definitely be happy to do that. The second question Madam is from Amnesty International Australia - her name is Larnie. She is asking you, "how can we help to further the democracy and human rights for people of Burma?"

ASSK: I think first of all people all over the world needs to know exactly how much human rights violations are going on in Burma. I think some don’t quite know. Yesterday I was speaking to somebody from India. And she was surprised because I said that in order to link up to the internet I had to make an application and this is not always granted. So we have very little freedom of information and freedom of communication compared to other countries in this region, so if the youth of other countries use their opportunity to increase awareness of situation in Burma, for us, because they have more access to IT technology and they have more access to freedom of information than we have. That would help us a great deal. In other words if they would do the work that we are prevented from doing ourselves.

Nora: Alright Madam the last question will be from Amnesty International New Zealand - her name is Lena. Her question to you is "what inspired you to continue with your cause for all these years despite all the obstacles in your way?"

ASSK: ...the lot of our people when I look at what people are having to go through in this country, then I think that its everybody’s duty to do everything they can to change the situation. And I must also add that I have very, very good colleagues. They’ve really been through so much and yet they don’t stop trying. So with colleagues like that how I can even think of stopping trying?

Nora: Yeah. Madam we have one final question is that alright? One more?

ASSK: Yes dear.

Nora: This is from Amnesty International Philippines. His name is Nathan. His question is "how is the situation in Burma since your release from the house arrest?"

ASSK: Well at the moment of course I have been walking the streets for about 10 days what I’ve seen certainly is that there are a great many more youth involved in our democratic process than there used to be. There’s a lot of enthusiasm on the part of young people which I did not see 7 years ago so that is very, very encouraging for us and I would very much like the young people of Burma to be able to communicate with young people abroad, so they can find new ways of helping to bring our struggle to a victorious end.

Nora: This is a question from me and my colleague Jenny Leong in Australia: "Madam - because we do a lot of campaign for Amnesty International - but which regional government do you see as being the most important for the young people from this region to lobby in order to put political pressure on the Burmese authorities to meet basic human rights standard? Which target?"

ASSK: I think we need all the ASEAN countries to rally around to work in coordination - as well as, of course India and China, I need hardly add that. But if we’re talking about ASEAN countries we need all of them to work in coordination. Thailand is important of course because its our neighbour and Singapore is important because it’s an economic power, Malaysia is important because in some ways we should have progressed along the same lines, and Indonesia is important because (laughs) Indonesia used to be a military dictatorship... and the Philippines are important because it’s a democratic government with a President at present who is very, very sympathetic to us. So each ASEAN country is important in its own way and what I would like to see is for the youth of those countries to be united in an effort to help us in Burma

Nora: Madam thank you so much from Amnesty International Malaysia, Amnesty International Australia and all the youth network in the region and all the youth and who are really working hard for the release of Burma political prisoners and hopefully that we will see a better future very, very soon. Thank you very much madam.

ASSK: Well thank you. What I would like to see is a group of ASEAN youth coming to visit us here.

Nora: We will do.

ASSK: If you could possibly arrange it.

Nora: We will do.

ASSK: Very good.

Nora: Say HI to her.

Everyone: Hiiiiiiiiii!

Nora: Thank you madam.

ASSK: Thank you. Good bye.

http://www.amnesty.org.au/crisis/comments/24274

http://www.amnesty.org.au/crisis/comments/24272/

Mandatory Medical Insurance for all Migrant Workers

On the face of it, it is a good thing - but importantly it must be the employer who should be liable to pay for these medical insurance not the employer.

But then migrant workers are already covered by the Workmen's Compensation Act - one wonders whether the benefits provided under this Act is sufficient or not to cover the healthcare costs of migrant workers. In Malaysia, foreigners (including documented migrants) who go to government clinics/hospitals are generally charged the 1st class rate, and one wonders whether the amount claimable under the Workmen's Compensation Act is sufficient. If not, then the Act need to be amended so that it will cover all hospital/medical charges - not the introduction of another new medical insurance.

Himalayan News Service

KATHMANDU: The Malaysian government will make medical insurance mandatory for migrant workers beginning January 1, Malaysian Deputy Human Resource Minister Maznah Mazlan told Star, a Malaysian daily.

The medical insurance scheme will affect over four lakh Nepali workers in Malaysia. “It will definitely affect Nepalis, but we are not sure how. We are analyzing the policy,” said Minister for Labour and Transport Management Mohamed Aftab Alam. “I will comment on it after consulting experts,” he told this daily over phone.

Malaysian government’s move comes in the wake of many foreigners leaving government hospitals with unpaid bills amounting to $ 6.7 million. As per the policy, even the old workers are required to get medical insurance done before renewing their work permits.

As per the insurance policy, each worker will have to pay annual insurance premium of $ 38 i.e. more than $ 3 per month. Average monthly earning of a Nepali worker in Malaysia is $ 175.

Authorities dealing with foreign employment term Malaysian government’s move a step in the right direction. “I welcome the policy which protects workers from health hazards,” said Mohan Krishna Sapkota, Director General at Department of Foreign Employment.

Nepal government sends workers for overseas jobs only after ensuring Rs 5 lakh medical insurance for them but illegal migrant workers obviously go without any insurance. “Malaysian government’s policy will include even them,” he said. However, he did not elaborate on the financial burden on the workers. “I cannot say more without analyzing risks and benefits,” he added.

Malaysia is among the top destination countries hiring Nepali workers. Of the 294,094 Nepali workers going abroad last year, 113,982 went to Malaysia. As many as 42,454 Nepalis have already found jobs in Malaysia in the first four months of the current fiscal year.- The Himalayan Times, 30/11/2010, Medical insurance must for Malaysia migrants- Up to four lakh Nepalis to be affected

UPDATE: JVC Unjustly Discriminates Against Burmese Migrant Women Workers Case

I have just received a reply from JVC Manufacturing Malaysia Sdn Bhd, whose contents has been copied and is pasted here. This letter is in response to the Media Statement entitled "JVC Unjustly Discriminates Against Burmese Migrant- Women Workers Who Claim Worker Rights" which has been endorsed by 90 groups. A copy of the said joint media statement was sent to JVC. 

JVC

JVC MANUFACTURING MALAYSIA SDN. BHD.(172773H)                   Tel No.: 03-55416688(VIDEODIV)
(Formerly known as JVC Video Malaysia Sdn. SM.) .                                                 03-55413377 (AUDIODIV)
Lot No.1, Persiaran Jubli Perak, Jalan 22/1, Seksyen 22, 
40300 Shah Alam,                                                                                              Fax No.: 03-55422168 (VIDEO DIV)
Selangor Darul Ehsan, Malaysia.                                                                                  03-55416698 (AUDIO DI’))
Postal Address:P.O. ,Box 7111,40702 Shah Alam,
Selangor Darul Ehsan, Malaysia.

19.November.2010

Messrs. Charles Hector & Pranom Somwong
Lot 3585A, Kampung Lubuk Layang
Batu 3, Jalan Metakab
28000 Temerloh
PAHANG, Malaysia
 
Dear Sirs,
 

The President of JVC Kenwood is in receipt of your letter dated 31st October 2010, concerning the standards of human and workers rights at JVC Manufacturing Malaysia Sdn. Bhd. (JMM).

JMM has investigated the contents of your letter and please be informed that we have already appraised the said important matters. We are committed to cooperate with all parties concerned to rectify any problems and ensure that improper occurrences are avoided in the future. In this regard, a joint resolution has been reached after discussions with the concerned Myanmar workers, their employment agency Fast Link Trans Sdn. Bhd., the Malaysian Trade Union Congress, the Electrical Industry Workers Union and JMM.

For verification on the above, please feel free to communicate with Mr Peter Kandaiah, Sr.Industrial Relations Officer, MTUC (mtuc.kaäkimail.com) or Mr. Maniyam Poovan, Gnereal
Secretary, Electrical Industry Workers Union (eiwu@streamyx.com).

We appreciate your concern about the human rights of workers, particularly’ in Malaysia. Please be assured that all of the companies in the JVC Kenwood Group, including JMM, are committed to honouring the employment rights of all of our workers, whether they are local or foreign, or whether they are hired directly or through dispatching agencies.

Sincerely,

Mr Yoshihiro Tamaki
Managing Director
JVC Manufacturing Malaysia Sdn. Bhd.

We would be verifying the matters alleged by JVC in their letter, and will try our best to keep you all informed about the latest developments in this case.

Media Statement – 21/10/2010 (90)

JVC Unjustly Discriminates Against Burmese Migrant

Women Workers Who Claim Worker Rights

We, the undersigned 79 civil society organizations and groups, would like to express our serious concern that JVC has indicated that they will not re-new the employment contracts of Pa Pa Aye and 15 other Burmese women migrant workers, who lodged a claim at the Labour Department claiming worker rights that the JVC company had violated, amongst them the wrongful deduction of their wages to recover levy that employers have to pay when they employ foreign workers. The other 7 workers, who complained, whose contract was renewed in August, will also be terminated and repatriated. The information contained in this statement has been provided by the affected workers.

JVC has its factory at Lot. No.1, Persiaran Jubli Perak, Jalan 22/1, Section 22, Shah Alam, 40702 Shah Alam, Selangor, Malaysia, and they manufactures cameras, video cameras and audio equipment components, amongst others.

On 21/7/2010, Pa Pa Aye and 22 other women migrant workers lodged a complaint at the Subang Jaya Labour Office in Malaysia. Amongst their demands were for the return of monies wrongly deducted from their wages for levy the employer had to pay to the Malaysian government for employing migrant workers, other unlawful deductions like transfer fees, saving funds, etc amounting to about RM3,500-00, and for the return of the Passports which are still wrongly being held by  the employer . They were also claiming for the balance of the wages that they were entitled. According to the workers, the employer was to pay them much more about RM50 per day but they were only paid the sum of RM23.

On 6/8/2010, after night shift when the women workers were being transported back to their homes, their bus took a different route, and suddenly stopped where the agent was waiting. The agent then called one of the Burmese women migrant workers who had complaint to the Labour Department and asked her to leave the bus and follow him. The workers suspected that the agent was trying to get the worker sent back to Burma, and they stood together and prevented the agent from taking the worker. The workers then lodged a police report about this incident. There have also been other cases of harassment, whereby in one incident 3 men entered the women’s hostel and threatened them.

The workers, through their representatives, which included an officer from the Malaysian Trade Union Congress (MTUC) also complained about this incident to JVC, and JVC gave the assurance that this will not happen again and they guaranteed that all workers could continue to work in JVC.

On 12/8/2010, the agent tried to force the workers to sign a new contract, but all workers refused to sign it. The pressure on the workers to sign the new contract took place at the factory compound. Later on the same day the JVC’s Human Resource Manager, one Mr. Mazlan, and the HR Assistant Manager, one Ms. Ida, also tried to pressure the workers to sign the new contracts. The new contract was written in English only (just like their old contract). The workers to date do not have a copy of their old contract, as they were never given a copy. The new contract allegedly stated that their daily salary will be reduced to RM21, which is RM2 less than what the workers have been getting until now.

On 25/8/2010, the Burmese workers informed us that JVC had summarily dismissed 30 Sri Lanka women migrant workers in retaliation for their demand that JVC pay them their promised monthly salary of RM750. After the dismissal JVC and the agent, Fast Link Trans, began forceful repatriation of the workers. On 28/8/2010, 8 Sri Lankan workers were allegedly sent home. These workers apparently never received the amount owing them and/or any compensation for premature termination of their contract.

On 8/9/2010, JVC’s Human Resources Officer, in the presence of the Labour Officer and the agent’s representative from a company known as Fast Link Trans, tried to return to the Burmese workers the amount they said was the levy that had been wrongfully deducted from the wages and asked the workers to sign a document which was in English. The workers refused as the amount offered was far less than the sum deducted, and  they did not want to sign any document which was in a language they did not know.

The company also refused to give a copy of the document to enable them to get an independent person who spoke Burmese to translate its contents to them.

On 28/9/2010, the agent informed the workers that when their current annual contract expires, their contracts will not be renewed and they will all be sent back to Burma. The contracts of 15 of these workers’ contract will expire in October, and the rest by the end of the year. Pa Pa Aye’s own contract expires in early November. The contracts of 7 others which expired in August have already been renewed. Later, on about 7/10/2010, the agent informed the workers that all 23 of them will be terminated and sent back to Burma. The process of forced repatriation of the Burmese workers has already begun with one worker being sent back to Burma on 9/10/2010.

It must be stated that according to the workers, when they came to Malaysia to work with JVC the agreement was that they will be employed for a period of at least 3 years, but when they arrived and started working, they were made to sign 1-year contracts with the verbal assurance that it will be renewed every year for at least a total of 3 years. The threat of early termination and deportation is also wrong and discriminatory as JVC has continued to renew contracts of others who had started work around the same time as these Burmese migrant workers.

Any early termination, and/or non renewal of the 1-year employment contracts by JVC can reasonably be seen as a retaliation of the company against workers who have elected to claim their rights as workers. Their case at the Labour Department is pending, and a termination and repatriation back to Burma will mean that the workers will not be able to continue to pursue their claim in the Labour Department/Court as the presence of the worker in the hearing of their claims against the employer is compulsory, and their absence will mean that their case will just be struck off,

We, the undersigned groups, call upon JVC to respect worker rights and their right to access to justice and not cause these 23 Burmese workers to be terminated and deported.

We  urge that JVC to respect the law and the legal process initiated by the lodging of the complaint by the workers at the Labour Department, and to respect and abide with the outcome of the hearing at the Labour Court. Workers should not be terminated and/or discriminated against by reason of the fact that they choose to demand for their rights or better rights as workers. For those who have already been repatriated back to their country of origin, including those workers from Sri Lanka, JVC must compensate them for their expenses in coming to Malaysia to work, and for the early termination of their employment.

We call on JVC to act justly and not to terminate these workers, and to renew their contract so that they can pursue their claims until completion. JVC should also adhere to their earlier promise that these workers will be employed for a period of at least 3 years, for migrant workers do expend a lot of money (850-1,000 USD) when they do come to Malaysia to work and any early termination and breach of rights will only leave these workers in a worse situation as they may not be even to settle the debts they incurred in coming here to Malaysia to work.

We call on Human Rights Commission of Malaysia (SUHAKAM) to inquire into this complaint concerning the violation of worker rights by JVC.

We also call on the Malaysian government and the Human Resource Minister to ensure that no workers are terminated and/or discriminated against by reason of the fact that they have stood up to claim their rights as workers.

The Malaysian government should also ensure that no migrant worker is terminated and/or repatriated back to their country of origins until the employer has fully settled all outstanding worker claims and/or payments. If migrant workers are terminated, the Malaysian government must ensure that these workers are allowed to stay and work legally in Malaysia until all outstanding claims and legal processes are settled. If special passes and visas are required to ensure workers ability to stay and work legally, it must be given gratis without requiring the workers to pay anything. Worker cases must be expedited, and independent translators should be available at all Labour Departments and courts.

Labour rights must take precedent over immigration law. Do not deport until worker claims are determined and settled by Labour Department and/or courts.

Charles Hector

Pranom Somwong

For and on behalf of the following 90 organizations

ALIRAN,  

Asia  Pacific Forum on Women ,Law and Development ( APWLD)

Asia Pacific Mission for Migrants (APMM)

Asian Migrants Center (AMC)

Assistance Association for Political Prisoners (Burma)

Bahrain Center for Human Rights

Bahrain Youth Society for Human Rights

Bangladesh Burma Border

BAYAN USA

BUGKOS

Building and Wood Workers International Asia Pacific Regional Office

Burma Campaign, Malaysia

Burmese Women's Union (BWU)

Coalition To Abolish Modern-Day Slavery In Asia

Committee for Asian Women (CAW)

Communication Workers Union P&T Branch Victoria

Community Development Services (CDS), Sri Lanka

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

Cordillera Alliance Hong Kong 

Democratic Party for a New Society (DPNS), Burma

FICAP – Aichi

Filipino Migrants Center – FMC

Filipino Migrant Workers Union Chapter Rd Chapter 

Forum for Democracy in Burma

GABRIELA – Japan

Gabriela-Taiwan

Grassroots Human Rights Education & Development (GHRE-FED), Thailand

HOME, Singapore

Human Rights Education Institute of Burma

IHI Action Group (Iwi Have Influence), New Zealand

IMA Research Foundation, Bangladesh

Institute for National and Democracy Studies (INDIES)

Kachin Women's Association, Thailand

KAFIN – Nagoya

KL & Selangor Chinese Assembly Hall Youth Section

Lawyers for Human Rights & Legal Aid (LHRLA), Pakistan

League of Filipino Seniors (LFS)

Legal Support for Children and Women (LSCW), Cambodia

MADPET - Malaysians against Death Penalty and Torture

Malaysia Youth and Students Democratic Movement (DEMA)

MAP Foundation, Thailand

May 1st Coalition, Co-Coordinator, USA

Mekong Migration Network ( MMN)

Migrante Aotearoa New Zealand

Migrant Forum in Asia (MFA) 

Migramte Australia

Migrante-Denmark chapter

MIGRANTE Europe (Amsterdam, the Netherlands)

Migranteng Ilonggo sa Taiwan

Migrante International

Migrante international - Hsinchuang chapter

Migrante International - Taiwan chapter

Migrante Melbourne

Migrante-Middle East and Migrante-Saudi Arabia chapter

MIGRANTE – Nagoya

Migrants  Trade Union (MTU), Korea

Migrant Workers Network – New Zealand

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

Nepal Institute of Development Studies( NIDS) ,NEPAL

Network for Empowerment of Women in Vietnam

Network of Action for Migrants in Malaysia (NAMM)

Parti Rakyat Malaysia (PRM)

Penggerak Belia Zon 23 MPSJ, Malaysia

Persatuan Masyarakat Selangor & Wilayah Persekutuan, Malaysia

Persatuan Penduduk Taman Muhibbah, Malaysia

Persatuan Prihatin Komuniti KL & Selangor

Philippine Society in Japan – Nagoya

PINATUD A SALENG TI UMILI

PINAY (Montreal)

POURAKHI, Nepal

Pusat Komas, Malaysia

Persatuan Sahabat Wanita Selangor, Malaysia

Rights Jessore, India

Shan Refugee Organization (Malaysia)

Shan Women Action Network (SWAN), Thailand

St. John's Cathedral HIV Education Centre, Hong Kong

Suara Rakyat Malaysia (SUARAM)

Tenaganita, Malaysia

The Communications Union (CEPU), Victoria Branch

The Development Action for Women Network (DAWN), Philippines

The Federation of Trade Unions Burma (FTUB)

The Filipino Women's Organization in Quebec

The National Human Rights Society (Persatuan Kebangsaan Hak Asasi  Manusia, HAKAM), Malaysia

The Shwe Gas Movement

Unite Union New Zealand

Women Empowerment Association

Women Petition Committee

Workers Hub for Change (WH4C)

Yaung  Chi Oo Workers Association  ( YCOWA)

Yayasan Annisa Swasti (YASANTI), Indonesia

Global Network Urges Electronics Supply Chain to Respect Workers’ Rights

Global Network Urges Electronics Supply Chain to Respect Workers’ Rights

Published on November 13, 2010

While owners of big name brands ranging from Apple to Nokia to HP and JVC Kenwood roost in their headquarters in the US or Europe and try to outdo each other in bragging about their latest research and development, their supply chain around the world is comprised of different outsourcing companies vying for the contract to manufacture their required parts at the lowest production costs possible.

By MARYA SALAMAT 

Bulatlat.com

MANILA – Some of the most requested gifts these coming holidays are electronic gadgets. This early, shops are already bedecked in tinsel and promos to lure buyers of the latest televisions, digicams, cellphones, music players, computers from desktop to laptop to netbook to its latest evolutions such as the likes of Ipads, e-book readers and tablet PCS.

In ads of big brand names such as Nokia, Apple, HP, Dell, Sony and Sony Ericsson, JVC, Samsung, among others, these electronic gadgets are credited for “connecting people” if not shrinking the distance between people. But while these gadgets are being marketed for doing that – connecting people – the process of producing them involves a fragmented global supply chain, where big brand names outsource their supplies and parts from different manufacturing plants located all over the world.

Big manufacturers, which are mostly located in export processing zones, strive to produce according to strict specifications but in the cheapest possible cost of production, so they could reap profits despite having lowered their contract price to bag the outsourcing contract.

The result, said an international network of labor and human rights advocates, is “sweatshop conditions under harsh management, without the protection of trade unions.” The international network calls itself as Good Electronics. When asked, Pauleen Overeem, one of its leaders, said there is really no such thing as “good electronics,” if by good you mean electronics that are manufactured in conditions that respect human and labor rights and the environment.

A global network of organizations “calling for human rights and sustainability in the electronics sector,” Good Electronics was formed in 2005. It now counts 150 organizations and individuals around the globe as members. Its members include trade unions, labor rights organizations, human rights organizations, environmental organizations, academics and researchers. They held a three-day general membership meeting in Cavite, a province south of Manila, last week, with the help of the Workers Assistance Center (WAC) of the Philippines.

Blood, Sweat and Tears in Electronic Gadgets

Electronic workers around the world are denied their basic labor rights, the Good Electronics network said in a statement released to the press after its general meeting.

“Jobs in the electronics sector are insecure, and contract labor and temporary employment are rife in manufacturing companies,” whether they are located in the Philippines or in other electronics producing countries such as China, Taiwan, Malaysia or Mexico.

While owners of big name brands ranging from Apple to Nokia to HP and JVC Kenwood roost in their headquarters in the US or Europe and try to outdo each other in bragging about their latest research and development, their supply chain around the world is comprised of different outsourcing companies vying for the contract to manufacture their required parts at the lowest production costs possible.

In China the labor conditions are such that in Foxconn 17 young workers committed suicide, 13 of whom succeeded, from January to August this year. Foxconn is a big supplier of electronic parts for popular brand names. Foxconn is a subsidiary of Hon Hai Precision Industries, which is ranked 112th in the Global 500 Companies and said to be the world’s leading electronics manufacturer. It has manufacturing plants in China, India and Taiwan.

Foxconn’s name does not appear in finished electronic gadgets, but like other supplier companies, it is crucial in the production of big brand names such as IPhones and IPads, Nokia, HP, Dell, Sony Ericsson and Motorola. In China, Foxconn has a 900,000 workforce, and the company reportedly plans to further increase its workforce to 1.3-million by next year, said a study of SACOM (Students & Scholars Against Corporate Misbehavior).

SACOM is one of the Good Electronics members who attended the network’s general meeting in the Philippines last week.

Union Rights a Global Myth?

In compiling the reports of their members from different countries, Pauleen Overeem of Good Electronics said that generally, there are “grave human rights violations in the electronics industry.” This covers the consistent reports of its members about “long working hours, no freedom of association, no collective bargaining agreement, no protection against toxic substances,” etc.

“Shamefully, leading brand name companies and their suppliers fail to comply with internationally recognized standards,” the network said. Overeem said their group is seeking to connect the well-known brand names to less-known suppliers in the globalized supply chain, as they forged “plans to confront the generally deplorable labor conditions in the industry.”

Despite the entrenched international outsourcing of production, Good Electronics is trying to seek the accountability of well-known brand owners to the appalling labor conditions in their lesser-known suppliers.

In the Nokia Special Economic Zone in Chennai, India, at least two different companies are reportedly intimidating workers, suspending them from the job, arresting them for criminal charges, or dismissing them from their jobs in response to workers’ demand for union recognition and improved working conditions.

In Taiwan, touch panel maker YFO supplying Samsung and HTC is doing union busting. Lennon Wong, of Young Fast Optoelectronic Trade Union, said they began forming a union in 2009. As soon as they did, the company sacked five union officers and 14 members. In the face of protests YFO reinstated one of the officers it dismissed, but according to Wong, she was assigned to work in an isolated place without a single co-worker, and there were several video cameras monitoring her all day. “YFO continues to persuade the remaining union officers to take some money and leave for good. Apparently, being a big supplier of Samsung, LG, HTC, Nokia, Acer and Asus, YFO does not want a union to exist in its plant at all,” Wong told Bulatlat.

He added that the forced overtime in YFO is so “terrible” that it could add up to a hundred hours in a week. He said child workers are also being forced to work, often even longer hours than the adult workers. Despite their long and toxic working conditions, all of the workers receive pay that are “lower than regulated by law,” said Wong.

In JVC Malaysia, member of the JVC-Kenwood Group producing cameras, video and audio equipment, migrant workers who complained against “wrongful deductions” from their wages are being threatened with forced repatriation, according to Charles Hector of Network of Action for Migrants.

In India, managers in Foxconn have “vehemently opposed unionism,” said Jenny Holdcroft of the International Metal Workers Federation.

In China, Debby Chan of SACOM said there is practically no freedom of association as the unions they have are “mostly appointed by the management and do not really represent the workers.”

In the Philippines, there are additional obstacles to union organizing aside from those being thrown at their fellow workers’ way in other countries. The issue of extra-judicial killings and enforced disappearances of labor advocates and leaders is “very exceptional,” noted Pauleen Overeem, a Dutch human rights defender from the Good Electronics.

While intimidation, repression, termination, violence and being hauled off to jail also happen to workers forming unions in other countries, Overeem observed that “it doesn’t get as bad as here in the Philippines.”

Generally, the electronics industry is a no-union, no-strike industry in the Philippines, said Cecil Tuico of WAC. With the exception of NXP (formerly Philips) in Laguna Science Industrial Park, Tuico explained that there is an “unwritten policy” against unionizing in the Philippines’ economic zones. Workers of NXP had formed their union in the 80s when its plant was still in Manila.

The Good Electronics meeting reported that it has successfully forged “plans to work on the industry workers’ right to associate (or form union), to work on their wages which are either below minimum in conditions where the minimum wages are already adjudged as below the actual amount needed to live decently.” Vowing to continue information-sharing and research, members of the network said they would also try to talk with governments and “put pressure” on electronics companies, “to make them look at the industry from the perspective of its workers.” (Bulatlat.com)

Statement of Coalition of Burma Ethnics, Malaysia (COBEM) on junta-run election

Statement of Coalition of Burma Ethnics, Malaysia (COBEM)
on junta-run election

We, the Coalition of Burma Ethnics, Malaysia (COBEM), founded in 2007 to respond to the needs of the ethnic refugees from Burma living in Malaysia, are community-based organization representing the different ethnic minorities from Burma. It was formed to organize, assist, empower and protect our respective communities. In recognition that community-based operations in Malaysia would benefit from increased resource sharing and cooperation.

This statement is prepared by executive committee of the COBEM with resources provided by many politicians, ethnic leaders in Malaysia and NGOs. With the cause that Burma refugees are unable to return to their homelands due to political unfairness, religious persecution, racial discrimination, we, COBEM, are motivated to declare this statement from refugee’s point of view as below:

1. The coming election run by the military junta is based on the constitution drawn in 2008 which in fact is not a federal constitution but a mere union constitution which will never allow the ethnic minorities for self-determination. 
2. The election law itself is not fair for parties as equal opportunities and rights are dishonored especially for ethnic minorities. With the excuse of security, many polls are barred where the military-based parties are uncertain to win the election.
3. Human right is greatly violated that all citizens are not allowed to vote.
4. Time limitation, financial deposition and unfair criteria hinder the community-based parties from a wide array of participation.

Thus, we, coalition of Burma Ethnics, Malaysia (COBEM), are totally against this military well-planned and systematically arranged election. We foresee the increasing civil war between the ruling military junta and ethnic armed-groups after the election. We further have a great concern on the possible increase of Burma refugee population in neighboring countries like in Malaysia.

Executive Committee
Coalition of Burma Ethnics, Malaysia (COBEM)

Kuala Lumpur, Malaysia
6^th November, 2010

Regards,
Sai Kyaw

# Note that the publishing of statements of other groups in this Blog should in no way to be interpreted that NAMM (and/or its affiliates) agree and/or take a similar position unless specifically stated. The publication of these statements of others in the NAMM Blog is because we believe and support the freedom of expression and opinion.

71 Groups: JVC Unjustly Discriminates Against Burmese Migrant Women Workers Who Claim Worker Rights

Media Statement – 21/10/2010

JVC Unjustly Discriminates Against Burmese Migrant

Women Workers Who Claim Worker Rights

We, the undersigned 71 civil society organizations and groups, would like to express our serious concern that JVC has indicated that they will not re-new the employment contracts of Pa Pa Aye and 15 other Burmese women migrant workers, who lodged a claim at the Labour Department claiming worker rights that the JVC company had violated, amongst them the wrongful deduction of their wages to recover levy that employers have to pay when they employ foreign workers. The other 7 workers, who complained, whose contract was renewed in August, will also be terminated and repatriated. The information contained in this statement has been provided by the affected workers.

JVC has its factory at Lot. No.1, Persiaran Jubli Perak, Jalan 22/1, Section 22, Shah Alam, 40702 Shah Alam, Selangor, Malaysia, and they manufactures cameras, video cameras and audio equipment components, amongst others.

On 21/7/2010, Pa Pa Aye and 22 other women migrant workers lodged a complaint at the Subang Jaya Labour Office in Malaysia. Amongst their demands were for the return of monies wrongly deducted from their wages for levy the employer had to pay to the Malaysian government for employing migrant workers, other unlawful deductions like transfer fees, saving funds, etc amounting to about RM3,500-00, and for the return of the Passports which are still wrongly being held by  the employer . They were also claiming for the balance of the wages that they were entitled. According to the workers, the employer was to pay them much more about RM50 per day but they were only paid the sum of RM23.

On 6/8/2010, after night shift when the women workers were being transported back to their homes, their bus took a different route, and suddenly stopped where the agent was waiting. The agent then called one of the Burmese women migrant workers who had complaint to the Labour Department and asked her to leave the bus and follow him. The workers suspected that the agent was trying to get the worker sent back to Burma, and they stood together and prevented the agent from taking the worker. The workers then lodged a police report about this incident. There have also been other cases of harassment, whereby in one incident 3 men entered the women’s hostel and threatened them.

The workers, through their representatives, which included an officer from the Malaysian Trade Union Congress (MTUC) also complained about this incident to JVC, and JVC gave the assurance that this will not happen again and they guaranteed that all workers could continue to work in JVC.

On 12/8/2010, the agent tried to force the workers to sign a new contract, but all workers refused to sign it. The pressure on the workers to sign the new contract took place at the factory compound. Later on the same day the JVC’s Human Resource Manager, one Mr. Mazlan, and the HR Assistant Manager, one Ms. Ida, also tried to pressure the workers to sign the new contracts. The new contract was written in English only (just like their old contract). The workers to date do not have a copy of their old contract, as they were never given a copy. The new contract allegedly stated that their daily salary will be reduced to RM21, which is RM2 less than what the workers have been getting until now.

On 25/8/2010, the Burmese workers informed us that JVC had summarily dismissed 30 Sri Lanka women migrant workers in retaliation for their demand that JVC pay them their promised monthly salary of RM750. After the dismissal JVC and the agent, Fast Link Trans, began forceful repatriation of the workers. On 28/8/2010, 8 Sri Lankan workers were allegedly sent home. These workers apparently never received the amount owing them and/or any compensation for premature termination of their contract.

On 8/9/2010, JVC’s Human Resources Officer, in the presence of the Labour Officer and the agent’s representative from a company known as Fast Link Trans, tried to return to the Burmese workers the amount they said was the levy that had been wrongfully deducted from the wages and asked the workers to sign a document which was in English. The workers refused as the amount offered was far less than the sum deducted, and  they did not want to sign any document which was in a language they did not know.

The company also refused to give a copy of the document to enable them to get an independent person who spoke Burmese to translate its contents to them.

On 28/9/2010, the agent informed the workers that when their current annual contract expires, their contracts will not be renewed and they will all be sent back to Burma. The contracts of 15 of these workers’ contract will expire in October, and the rest by the end of the year. Pa Pa Aye’s own contract expires in early November. The contracts of 7 others which expired in August have already been renewed. Later, on about 7/10/2010, the agent informed the workers that all 23 of them will be terminated and sent back to Burma. The process of forced repatriation of the Burmese workers has already begun with one worker being sent back to Burma on 9/10/2010.

It must be stated that according to the workers, when they came to Malaysia to work with JVC the agreement was that they will be employed for a period of at least 3 years, but when they arrived and started working, they were made to sign 1-year contracts with the verbal assurance that it will be renewed every year for at least a total of 3 years. The threat of early termination and deportation is also wrong and discriminatory as JVC has continued to renew contracts of others who had started work around the same time as these Burmese migrant workers.

Any early termination, and/or non renewal of the 1-year employment contracts by JVC can reasonably be seen as a retaliation of the company against workers who have elected to claim their rights as workers. Their case at the Labour Department is pending, and a termination and repatriation back to Burma will mean that the workers will not be able to continue to pursue their claim in the Labour Department/Court as the presence of the worker in the hearing of their claims against the employer is compulsory, and their absence will mean that their case will just be struck off,

We, the undersigned groups, call upon JVC to respect worker rights and their right to access to justice and not cause these 23 Burmese workers to be terminated and deported.

We  urge that JVC to respect the law and the legal process initiated by the lodging of the complaint by the workers at the Labour Department, and to respect and abide with the outcome of the hearing at the Labour Court. Workers should not be terminated and/or discriminated against by reason of the fact that they choose to demand for their rights or better rights as workers. For those who have already been repatriated back to their country of origin, including those workers from Sri Lanka, JVC must compensate them for their expenses in coming to Malaysia to work, and for the early termination of their employment.

We call on JVC to act justly and not to terminate these workers, and to renew their contract so that they can pursue their claims until completion. JVC should also adhere to their earlier promise that these workers will be employed for a period of at least 3 years, for migrant workers do expend a lot of money (850-1,000 USD) when they do come to Malaysia to work and any early termination and breach of rights will only leave these workers in a worse situation as they may not be even to settle the debts they incurred in coming here to Malaysia to work.

We call on Human Rights Commission of Malaysia (SUHAKAM) to inquire into this complaint concerning the violation of worker rights by JVC.

We also call on the Malaysian government and the Human Resource Minister to ensure that no workers are terminated and/or discriminated against by reason of the fact that they have stood up to claim their rights as workers.

The Malaysian government should also ensure that no migrant worker is terminated and/or repatriated back to their country of origins until the employer has fully settled all outstanding worker claims and/or payments. If migrant workers are terminated, the Malaysian government must ensure that these workers are allowed to stay and work legally in Malaysia until all outstanding claims and legal processes are settled. If special passes and visas are required to ensure workers ability to stay and work legally, it must be given gratis without requiring the workers to pay anything. Worker cases must be expedited, and independent translators should be available at all Labour Departments and courts.

Labour rights must take precedent over immigration law. Do not deport until worker claims are determined and settled by Labour Department and/or courts.

Charles Hector

Pranom Somwong

For and on behalf of the following 71 organizations

ALIRAN,  

Asia  Pacific Forum on Women ,Law and Development ( APWLD)

Asia Pacific Mission for Migrants (APMM)

Asian Migrants Center (AMC)

Assistance Association for Political Prisoners (Burma)

BAYAN USA

BUGKOS

Building and Wood Workers International Asia Pacific Regional Office

Burma Campaign, Malaysia

Burmese Women's Union (BWU)

Coalition To Abolish Modern-Day Slavery In Asia

Committee for Asian Women (CAW)

Community Development Services (CDS), Sri Lanka

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

Democratic Party for a New Society (DPNS), Burma

FICAP – Aichi

Filipino Migrants Center – FMC

Forum for Democracy in Burma

GABRIELA – Japan

Gabriela-Taiwan

Grassroots Human Rights Education & Development (GHRE-FED), Thailand

Human Rights Education Institute of Burma

IHI Action Group (Iwi Have Influence), New Zealand

IMA Research Foundation, Bangladesh

Kachin Women's Association, Thailand

KAFIN – Nagoya

KL & Selangor Chinese Assembly Hall Youth Section

League of Filipino Seniors (LFS)

Legal Support for Children and Women (LSCW), Cambodia

MADPET - Malaysians against Death Penalty and Torture

Malaysia Youth and Students Democratic Movement (DEMA)

MAP Foundation, Thailand

May 1st Coalition, Co-Coordinator, USA

Mekong Migration Network ( MMN)

Migrante Aotearoa New Zealand

Migrant Forum in Asia (MFA) 

Migrante-Denmark chapter

Migranteng Ilonggo sa Taiwan

Migrante International

Migrante international - Hsinchuang chapter

Migrante International - Taiwan chapter

Migrante-Middle East and Migrante-Saudi Arabia chapter

MIGRANTE – Nagoya

Migrants  Trade Union (MTU), Korea

Migrant Workers Network – New Zealand

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

Nepal Institute of Development Studies( NIDS) ,NEPAL

Network for Empowerment of Women in Vietnam

Network of Action for Migrants in Malaysia (NAMM)

Parti Rakyat Malaysia (PRM)

Penggerak Belia Zon 23 MPSJ, Malaysia

Persatuan Masyarakat Selangor & Wilayah Persekutuan, Malaysia

Persatuan Penduduk Taman Muhibbah, Malaysia

Persatuan Prihatin Komuniti KL & Selangor

Philippine Society in Japan – Nagoya

PINAY (Montreal)

Pusat Komas, Malaysia

Persatuan Sahabat Wanita Selangor, Malaysia

Shan Refugee Organization (Malaysia)

Shan Women Action Network (SWAN), Thailand

Suara Rakyat Malaysia (SUARAM)

Tenaganita, Malaysia

The Federation of Trade Unions Burma (FTUB)

The Filipino Women's Organization in Quebec

The National Human Rights Society (Persatuan Kebangsaan Hak Asasi  Manusia, HAKAM), Malaysia

The Shwe Gas Movement

Unite Union New Zealand

Women Empowerment Association

Workers Hub for Change (WH4C)

Yaung  Chi Oo Workers Association  ( YCOWA)

Yayasan Annisa Swasti (YASANTI), Indonesia

MTUC Memorandum on Decent Work - 7/10/2010

KONGRES KESATUAN SEKERJA MALAYSIA

MTUC

Memorandum to the YB Minister of Human Resources on the need to develop strategies to prevent exploitation and poverty

WORLD DAY FOR DECENT WORK 7^th OCTOBER 2010

Leaders and members from 240 unions affiliated with the Malaysian Trades Union Congress joined millions of workers worldwide on October 7, 2010 to highlight the impact of globalization on jobs and labour standards, its devastating effects on wages and living conditions.

Government’s stand on Decent Work

The Human Resources Ministry has endorsed and committed to promote the International Labour Organisation’s (ILO) Decent Work Campaign.

WHAT IS DECENT WORK

Decent work was defined by the ILO as “work that is productive and delivers a fair income, security in the workplace and social protection for families, better prospects for personal development and social integration, freedom for people to express their concerns, organize and participate in the decisions that affect their lives and equality of opportunity and treatment for all women and men”

• In 2001, the concept was further developed.  Embraced by a vast majority of the members, the 2001 Conference emphasized the need to apply a broader and more comprehensive approach to the fostering of decent work and social security in the emerging global labour markets.  This shift of approach was enshrined in the four equally important and interrelated objectives of the Decent Work

Agenda, even further developed in the 2008 ILO Declaration on Social Justice for a Fair Globalisation, summarizing them as follows:

o       Promoting employment by creating a sustainable institutional and economic environment

o       Developing and enhancing measures of social protection – social security and labour protection – which are sustainable and adapted to national circumstances

o       Promoting social dialogue and tripartism

o       Respecting, promoting and realizing the fundamental principles and rights at work.

As indicated in the introduction, the four pillars pinpointed that the various aspects of human living conditions in different parts of the world – as well as the conditions for national and global governance – have become ever more interconnected as a result of globalization.  Establishing the Decent Work Agenda as a method of organizing its programmes and activities, the ILO made it a platform for external dialogue and partnership and the Agenda soon became a center-piece in the international discussion about how to promote the social dimension of globalization.

It is clear that the ILO in particular saw a closer relationship with the other UN bodies as a precondition for the organization to succeed in its work.  Recognition that the social aspects of the globalization has been overshadowed by the economic and financial advantages, lead to the formation of a World Commission on the Social Dimension of Globalization.  The World Commission released its report in 2004, stating that the global imbalances, generated by the globalization, were “morally unacceptable and politically unsustainable”.  The commission suggested a number of measures intended to provide developing countries greater influence and control over their own participation in the globalization process.

Basic questions about Decent work in our country.

1.      Does every woman and man in our country have the opportunity to obtain work that enables them and their families to live a decent life?

The answer is a definite NO.  Government would argue that everyone who wants to work, jobs are available: unfortunately most such jobs cannot be defined as decent work.

Until recently, Government has repeatedly dismissed MTUC’s persistent demand for minimum wage legislation by merely stating that market forces and demand and supply will determine the minimum wage rates and employers who fail to pay a fair wage rate will not be able to attract sufficient workers to meet their requirement.

Unfortunately Government, while rejecting MTUC’s call for a minimum wage legislation has intervened and flooded the country with millions of migrant workers, with low wages and poor working conditions.  MTUC sees government’s action as a deliberate attempt to suppress wages.

2. Can everyone in our country join a union as they please?

            Again the answer is NO.  Although we have more than 600 registered unions in   the country, hundreds of thousands of workers are not allowed to join an       independent union of their choice. 

3. Wages, Competitiveness and Decent Work

     

      Wage is the key element in promoting decent work. Wages to an employee, is a   crucial factor for sustaining quality of life. 

                                                                                                      (MOHR Policy Statement)

4. Social Dialogue for Industry Harmony

     

      The main goal of social dialogue is to promote consensus building and      democratic involvement among the government, employers and employees at        the national and enterprises level. Successful social dialogue has the potential to             resolve important issues, enrich good governance, advance social and industrial     peace and stability and increase economic progress. By engaging in dialogues the   social partners are also able to build dynamic and flexible labour market       institutions that can contribute to long-term workplace stability and harmony.

      For social dialogue to succeed the following conditions must be present i.e.:-

-          Respect for the fundamental rights of freedom of association and collective bargaining;

-     Strong, independent workers’ and employers’ organizations with the technical     capacity and knowledge required to participate effectively in the dialogue     process;

-     Political will and commitment to engage in social dialogue on the part of all         parties;

-     Appropriate institutional support.

                             

                                                                                                      (MOHR Policy Statement)

5. Are trade unions in our country free to perform their work without outside interference and without restrictions on organizing, bargaining and striking?

            The Trade Union Act severely restricts unions organizing activities.            Government’s policies severely restrict collective bargaining and contrary to the    provisions of the Industrial Relations Act it is almost impossible for trade unions to institute strike action in furtherance of unfair dismissals, discriminatory  practices and Collective Bargaining.

            Social protection strategies need to adjust to suit contemporary situations as         many societies have experienced changes in economic growth and in the composition and structure of families. These changes undoubtedly present a strong case for the expansion of the existing social protection system.

                                                                                                           

                                                                                                            (MOHR Policy Statement)

6. Do people in our country have protection from the loss or reduction of income due to unemployment, discrimination, or any other kind of financial hardship that may be of concern to society?

            Government has designed the laws in such a way to allow employers to reduce   income by as much as 50% with impunity.  Government has done nothing to  ensure that employers who retrench their workers are paid termination benefits as stipulated under the Termination and Lay Off Regulations.

            Government’s intensive campaign to introduce Productivity Linked Wage            System is aimed to permit employers to legally reduce employees’ income without acceptable reasons.  In recent months Government has given a new meaning to PLWS by changing from Productivity Linked to Performance Linked Wages.  This new meaning allows employers to reduce income based on  company performance even to employees who achieve higher productivity.

7. Do trade unions and employers’ organizations engage in social dialogue in our country and are they involved in tripartite discussions with the government and other authorities on matters relevant to them?

      Yes, trade unions and employers’ organizations do participate in tripartite            consultation but Government often ignores trade unions’ view point.  In the   name of globalization employers’ demands and views dominate the industrial  relations practices.

      The amendments (February 2008) to the Industrial Relations Act is a clear example of employers’ domination.  MTUC has highlighted the effect of the new    amendments which include:

• Removal of discretionary powers of the Industrial Courts which, thus far has played a prominent role in settlement of labour disputes and promoting industrial harmony;

• Union busting made easier;

• Promote indiscriminate removal of union activists

• Government has imposed a maximum on the quantum of compensation for workers subjected to unfair and unlawful dismissal: Often delayed as a result of government’s inefficient disputes settlement machinery.

• Promote so called labour flexibility

• Allow employers to reduce wages and long established monetary benefits.

• MOHR’s proposal to make further drastic changes to the Employment Act 1955, Industrial Relations Act 1967 and the Trade Union Act 1959 is seen as the worst in 40 years. The amendments, when passed, would completely remove security of tenure for thousands of workers in the country.

            Effect of the proposed amendment:-

• Dismissal cannot be challenged

      The amendment drawn up at the behest of Multinational Corporations       and potential investors is deliberately designed to empower employers to       employ workers on fixed term contract for as long as they please. Even       workers who have ten years service on a contract basis will have no right             to seek redress in the event of termination. This is a drastic change from          the current law and practice which accords the right to all workers, irrespective of their salary levels and length of service, including           probationers and those employed on a contract basis to challenge their             dismissals.

      Important precedents set by our courts to safeguard workers rights will no            longer be applicable. Even workers rights guaranteed under the Federal    Constitution are ignored.

• Removal of safeguards:No more Sunday rest day with your family

      The amendments, when passed, will remove most of the safeguards           existing over 60 years. Employers would be permitted to impose    unreasonable working hours, change weekly rest days as they please.

• Women can be forced to work at night

      New laws would remove the supervisory role of the Labour Department   to impose conditions on employers who require women workers to work   at night.

8. Do women have equal opportunities at work or in obtaining a job?  Do they have adequate protection against discrimination in law and in practice?

            To a large extent Government has made effort to eliminate discriminatory             practices against women: But Government has refused to intervene to stop     employers from compelling women workers to retire earlier than male workers.     A glaring example is the practices enforced by the Government linked       corporation the Malaysian Airlines.

9. Does our country support further promotion of Decent work within the scope of ASEAN?

            Our country has persistently refused to take on board the Decent Work Agenda   within ASEAN.

10. Does our country prioritize Decent Work in its development cooperation, including when allocating development aid?

            Government has consistently maintained that core Labour Standards have no       place in trade agreements.

11. Job Security and Income Security

            In recent years, in the name of globalization and as incentive to foreign investors             Government policies has converted regular and secure employment to contract    and irregular work.

• In June 2007, multi million Ringgit profit making British American Tobacco terminated 16 of their employees from the maintenance department and appointed private contractors to bring in workers on contract to carry out their work.  Although BAT’s action is clearly in violation of the Code of Conduct for Industrial Harmony, the Director General of Labour refused to act on the unions’ complaint of unfair labour practice.

• US based MNC Goodyear retrenched permanent workers and engaged contract workers to replace them. French MNC Lafarge terminated their permanent workers and replaced them with contract workers. Regretably in all the above cases YB Menteri, rejected the unions’ appeal to refer the unfair and unjust termination to the Industrial Court.

• In Port Klang, both North Port and West Port employ more than 40% of the workforce through contractors: And private contractors often reject Malaysian applicants in favour of foreign workers.

• Government Linked Company, Malaysian Airlines has employed a number of private contractors at the expense of hundreds of long serving MAS employees.  The union believes that the contracting out of their core activities cost MAS more than their regular employees.

Promoting and Sustaining Employment

Employment security in the current economic scenario is a matter of concern to many especially the workers. Due to the highly competitive international market, employers sometimes have to implement strategic measures such as downsizing, outsourcing and restructuring of operations in order to remain competitive, and this has often resulted in the displacement of workers. The questions of job security versus employability has become a topic of much debate today.                                              (MOHR Policy Statement)

                                                                                   

12.              Foreign Workers

Trade unions in the country have always been suspicious of Government’s motive for flooding the country with millions of foreign workers in the last 15 years.

Although Government says that foreign workers are needed to fulfill labour needs MTUC has repeatedly asserted that Government’s action is deliberately aimed to help major corporations to suppress wages and curb trade unions’ pressure for decent work.

The Immigration Department Enforcement Director, Datuk Ishak revealed that investors will not want unions to be formed in their establishments. Through outsourcing, it would be difficult for unions to be formed.

Government’s actions are clearly in breach of article 10 of the Malaysian Constitution and makes a mockery of the provisions of the Industrial Relations Act 1967.

In 1998, Government ratified the ILO Declarations on Fundamental Principles and Rights at Work: But their action seems to be in direct contradiction.

The new labour law amendments which came into force since February 2008 compels unions to organize foreign workers in order to secure union recognition but the Immigration Department continue to curb their right to join a union.

This again is seen as a conspiracy between Government and employers to deny union recognition and collective bargaining rights.

Q: Should foreign labour outsourcing be banned?

A: Outsourcing is the best solution for the government to manage foreign workers.

Q: Why?

A: There are two scenarios

One is that as companies get bigger, they will need more manpower and with outsourcing they can get workers in a more organized way.

Two, outsourcing is good as it will attract foreign direct investment. Investors will not want unions to be formed in their establishments.

Through outsourcing, it would be difficult for unions to be formed as the outsourcing company, and not the factory, would be the employer.

Datuk Ishak Mohamed, Enforcement Director Immigration Department

NST July 20, 2008

Strategies to Prevent Exploitation

We urge the Government to amend the Employment Act 1955 to:

• Provide for a minimum monthly salary of RM 900.00
• Require employers to obtain prior permission of the Director General of Labour before terminating employees on grounds of redundancy and or restructuring;
• Empower the director General of Labour to inquire into complaints of abuse of contract system and outsourcing to convert regular and permanent jobs to irregular and precarious work thus denying decent work; and

• Widen the scope to cover all employees including domestic workers;

Ministry of Human Resources (MOHR) should have a more prominent role:

Ø      maintain a register of all employers who employ foreign workers and carry out statutory inspection on a regular basis in determining requirements and needs;

Ø      in determining minimum wages

Ø      and working conditions for all foreign workers including domestic helpers;

Ø      to regulate and monitor all recruitments on government to government basis

Ø      to ensure that the UN declaration on labour rights and workers rights under Article 8 of Malaysian Constitution are guaranteed.

Right to organize and Collective Bargaining

Ø      and licenses of all recruiting agents should be abolished;

Ø      until such time recruitment on a government to government basis is implemented all licenses for recruitment should not exceed one year and should be subject to renewal based on reports and recommendation of MOHR.

Right to organize and Collective Bargaining

The Trade Union Act 1959 should be amended to remove all legal restrictions and obstacles so that millions of workers in the country will be able to freely join a trade union and collectively bargain for better wages and working conditions.

It is now three years since the controversial amendments to the Industrial Relations Act 1967 came into effect.  Contrary to our expectations, we have not witnessed any significant improvement in the time taken to resolve union recognition claims which is a pre-requisite for the right to collective bargaining.

Government should remove the ban on picketing during the pendency of recognition claim.