Open Letter of Concern for the Safety and Security Of Migrant Workers in Thailand - 16/2/2010

Open Letter of Concern for the Safety and Security

Of Migrant Workers in Thailand

Urgent

                                                                                                            Tuesday 16^th February 2010

To: The Honorable Prime Minister Mr. Abhisit Vejjajiva

               

We, the undersigned, are deeply concerned for the safety of over 2 million migrants from Burma, Cambodia and Laos working in Thailand who may face deportation after 28^th February 2010. Over 80% of these migrants originate from Burma and face ethnic and political conflict as well as continuing economic deterioration in their homeland, which is controlled by a military government.

Most migrants from Thailand’s neighbouring countries entered Thailand without documentation, but are permitted to work temporarily pending deportation by the Royal Thai Government (RTG). This temporary permission has been extended on a year to year basis in recognition that migrants fill important gaps in the labour force and strengthen the Thai economy.

On 19^th January 2010, the Thai Cabinet issued a resolution linking extension of migrant work permits to nationality verification (NV). For over 1.3 million migrants who received permits during 2009 and are willing to submit biographical information to their home governments prior to 28^th February 2010, they will receive permission to remain and work in Thailand until 28^th February 2012 so NV can be completed. However, migrants who do not enter NV and all undocumented migrants (estimated to be around 1 million persons) shall be deported after 28^th February 2010.

We appreciate the importance RTG attaches to enacting workable migration policies and we support exploration of ideas such as NV for formalising irregular migration flows between countries. But we also believe migration policies must be carefully planned to ensure protection of migrants’ human rights. For this reason, we are deeply concerned the Cabinet’s 19^th January 2010 resolution responds neither realistically nor appropriately to the situation of migrants in Thailand.

Accordingly, we request your urgent consideration of the following recommendations:

NV Deadlines, Processes and Deportations

·    RTG should extend the 28^th February 2010 deadline for migrants to enter NV and immediately cease threats of mass deportation

Threatening migrants to comply with this imminent deadline or face deportation disregards the challenging situation faced by migrants from Burma. If mass deportation is carried out it will serve only to harm businesses reliant on migrant labour. This deadline neither persuades nor assists migrants or employers to enter NV, nor does it allow sufficient time for awareness raising on NV and its benefits. We have received reports that migrants are confused by and afraid of this deadline, so some are filling in false information on NV forms to ensure they may remain in Thailand, thereby compromising the future success of the process. Other migrants are preparing to go into the underground economy to avoid NV.

·    RTG should regulate services by brokers assisting migrants and employers with NV

The failure to regulate NV brokers has allowed unscrupulous agents to exploit migrants by charging excessive costs for processing NV applications. Fees charged by these brokers should be capped at significantly lower levels than currently charged, and the RTG should compel agencies processing NV applications to register with the Department of Employment. The RTG should set up mechanisms to receive complaints from migrants in cases of exploitation. Migrants and employers should be able to safely and effectively navigate NV themselves or choose services from an open field of brokers with competitive rates.  

·    RTG should continue to negotiate with Burmese authorities to conduct NV in Thailand

NV should be conducted in Thailand to simplify and speed up the process, as well as to remove unnecessary expenses, increase safety of migrants and encourage other migrants to enter the process.

·    Ministry of Labour (MoL) should work with migrant support organisations to conduct awareness raising on NV

Raising awareness of migrants and employers on NV and its benefits is urgently needed in all ethnic languages and in Thai. To facilitate this communication with migrants in a format that is easy for them to understand, RTG should seek assistance from experienced migrant support organisations working closely with migrant communities who can provide effective supplemental channels of communication to migrants.

·    RTG should start interactive discussion to find permanent solutions for migrants who cannot enter into or complete NV

RTG should urgently start inclusive discussions with all stakeholders on the real possibility that there may be significant numbers of migrants who are either unwilling or unable to complete NV. RTG should listen to the needs of all these individuals concerned and reach out to migrant support organisations for advice and assistance. RTG’s international humanitarian obligations to those facing extreme situations of political and ethnic conflict should remain a paramount consideration.

Migrant Registration

·    RTG should re-open migrant registration to allow all migrants to enter NV

At least 1 million migrants are currently excluded from NV because they are unregistered workers or children/dependents of registered migrants. RTG should consider urgently opening up a new migrant registration round to provide these migrants with the right to register and enter the NV process, thereby allowing all migrants in Thailand the opportunity to apply for NV.   

Forced Labour

·    Migrants who receive permission to work in Thailand should be able to freely change employers to prevent exploitation and forced labour

The Cabinet’s latest resolution restricts rights of migrants to change employers beyond limited situations including gross exploitation and violence. Some employers will use this policy to impose sub-standard working and living conditions upon migrants, and such practices could result in conditions equivalent to forced labour. Restricting migrants’ right to work freely chosen constitutes a violation of the RTG’s international human and labour rights obligations.

We believe respect for the fundamental rights of migrant workers must be central to the management of migration in Thailand. Migration policies should also take into careful consideration the real economic situation and continuing need for migrant labour. We hope that the RTG will provide a speedy and amenable response to the above recommendations, given the urgency of this issue and the impending 28^th February 2010 deadline.

           

Yours respectfully,

Mr. Sawit Keawan

(General Secretary: The State Enterprise Workers Relations Confederation)

Ms. Wiliawan Saetia

(President: The Thai Labour Solidarity Committee)

Mr. Adisorn Kedmongkol

(Representative: Migrant Working Group)

      Mr. Bundit Panwiset

     (General Secretary: Action Network for Migrants)

Contact Information:

111 Suthisarnwinichi Rd., Samsennok, Huaykwang, Bangkok 10320

Tel: (+662) 693 4939, 693 4831 Fax: (+662) 275 3954                      

Email: migrantjustice@hrdfoundation.org

Cc:

·    Chairperson, Alien Workers Management Committee

·    Secretary, National Security Council

·    Chairperson, National Human Rights Commission

·    Minister of Labour

·    Minister of Interior

·    Minister of Foreign Affairs

·    Minister of Industry

·    Minister of Defence

·    Commander of the Office of Immigration

·    Chairperson, Senate Sub-Committee on Labour and Social Welfare

·    Chairperson, House of Representatives Sub-Committee on Labour

·    Chairperson, National Economic and Social Advisory Committee

Signatory Support

Human Rights and Development Foundation, Thailand (HRDF)

Human Rights Watch, New York

IUF - International Union of Food, Agriculture, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations

ICEM - International Federation of Chemical, Energy, Mine and General Workers' Unions

BWI - Building and Wood Workers International

UNI Global Union

IMF - International Metalworkers Federation

American Center for International Labor Solidarity (SC)

The Asian Human Rights Commission (AHRC)

Asia Monitoring Resource Centre (AMRC)

Migrant Forum in Asia

General Federation of Nepalese Trade Unions (GEFONT)

Association of Indonesia Trade Unions (ASPEK Indonesia)

U.S. Committee for Refugees and Immigrants (USCRI), Thailand

National Coalition Government of the Union of Burma (NCGUB)

Burma Lawyers Council

Altsean Burma

Thai Action Committee for Democracy in Burma (TACDB)

Mekong Ecumenical Partnership Program

Christian Conference of Asia

Greater Manchester Hazards Centre

Thai Regional Alliance in Hong Kong

Thai Allied Committee for Desegregated Burma (TACDB Foundation)

Suara Rakyat Malaysia (SUARAM)

Labour Rights Promotion Network (LPN)

MAP Foundation

Singapore Working Group on ASEAN (SWGA)

Think Centre, Singapore

Thai Labour Campaign (TLC)

Pa-Oh Foundation

Worker Hub For Change (WH4C) 

Network of Action for Migrants in Malaysia ( NAMM)

Thai Free Burma

Burmese Rohingya Association in Thailand (BRAT)

Campaign Committee for Human Rights (CCHR)

Peace for Burma

Center for Migrant Advocacy Philippines

Peoples' Vilalce Committee on Human Rights

Filipino Women’s Council, Italy

Transient Workers Count Too, Singapore

Women Workers Unity Group

Women Network for Advancement and Peace

Friends of Women Foundation

Rangsit and Area Labour Union Group

Nadi Ghati Morcha, India

The National Human Rights Society, Malaysia (HAKAM)

Nepal Women’s Association

Raks Thai Foundation

Comitato Antirazzista Durban Italia (CADI)

Ovibashi Karmi Unnayan Program (OKUP), Bangladesh

South Asian Network for Refugees, IDPs & Migrants (SANRIM), Sri Lanka

International Institute for Human Rights, Environment and Development (INHURED International), Nepal

Human Right, Community Right and Environment for Sustainable Development Protection Centre (HCESD)

Cambodian Human Rights and Development Association (ADHOC)

Textile, Garment and Leather Workers’ Federation, Thailand

Migrant Worker Rights Network (MWRN), Thailand

Thai-Myanmar Foundation

·    Mr. Bruce Van Voorhis

·    Sor Rattanamanee Polkla (Lawyer)

·    Shay Boyle (Developement Worker, Trade Union Safety Team)

·    Suchada Thaweesit (Asst. Professor in Sociocultural Anthropology Institute for Population and Social Research, Mahidol University)

·    Ms.Sopin JIRAKIATTIKUL (UFR Sciences Economiques, Montpellier, FRANCE)

·    Assoc.Prof. Kritaya Archavanitkul, Ph.D. (Institute for Population and Social Research, Mahidol University)

·    Diana Mariano

·    Prashant Singh

·    Penny Thame (VSO Education Advisor of ZOA Refugee Care, Thailand)

35,103 prisoners - 10,800 foreigners (50% immigration offence), 31 prisons (8 overcrowded). How many remand prisoners? How many tried/convicted prisoners?

31 Prisons in Malaysia
8 are overcrowded

"...Zulkifli [Prisons Department Director-General Datuk Zulkifli Omar] said eight of the 31 prison institutions in the country were still over-crowded..." - Star, 20/1/2010, New parole system proves to be successful

35,103 prisoners nationwide, of which 10,800 are foreigners

 

With regard the foreigner prisoners, 50% of the cases involved breaking immigration rules

He [Prisons Department Director-General Datuk Zulkifli Omar] also noted that one-third of the prisoners were foreigners and 50% of the cases involved breaking immigration rules. “We have 35,103 prisoners nationwide, of which 10,800 are foreigners.’’ - Star, 20/1/2010, New parole system proves to be successful

Sadly, we have not been told as to how many are prisoners who have been tried and convicted, and how many of these are really remand prisoners (i.e. those who are still waiting for their trial to be over [or maybe even start] ) 

With regard to persons who have yet to be tried, convicted and sentenced - generally for the majority of the cases they have a right to be bailed out, and if they are, then they would not have to languish in prisons whilst waiting for the trial to complete.

However the fact is that there are many, especially the poor, who just do not have money or resources to get bailed out. In Malaysia, we need money to be put in - not just the promise to pay later in the event that the accused 'runs away and not attend court' . So how many can afford to raise and pay RM2,000, RM3,000 or more for bail (remember we will not be able to access or use this money until the trial is all over, and the accused is either convicted or acquitted). Hence, many of the poor will not be able to afford bail - and/or find persons that will stand as sureties. Hence, they do languish in these 'remand prisons' - and some have been known to have even spend more time than the maximum sentence of the offence that they have been charged with - and here in Malaysia, their is still no compensation for this loss of liberty in criminal cases. [This is why many of these 'poor' may just plead guilty, even if they are innocent, because then they can just serve whatever sentence, get out fast and move on with their lives...].

When it comes to foreigners, it is even worse.

Bail - Difficult to find the money for Bail

Sureties - Normally, the court will require 1 or 2 sureties, and the Court may ask that these be Malaysians, and note that it is the sureties who usually have to open an account under their name, and the put the required monies into these accounts, which are then frozen to prevent the 'bail money' to be taken out without a court order.

Documents - Visas/Work Passes/Work Permits have expired, and unless the additional step is taken by their lawyers to get the Immigration Department to renew these visas - they cannot legally be let free to remain in the country. Immigration Department would most likely only issue them 'Special Passes', i.e. monthly passes costing RM100-00 per renewal. Courts will require the undertakings of lawyers of migrants to take their passports for the purposes of applying for these 'Special Passes', and thereafter returning the said Passports for the court's safekeeping. Everytime a renewal is required, there is a need to get a court letter, get the passports to the Immigration Department, pay the money, get the special passes, and then return the Passports to court. Everytime the passports expire, again it is required to go to the relevant embassy and get it renewed - and the migrant will be required to pay the requisite fee. Further, for the purposes of renewal, the holder's physical presence will be required, and this again is difficult especially at the first instance of application when the bail is granted.

Passports - Courts generally order that the passports be deposited in court to prevent the foreigner from 'running away'. Now, even when it comes to documented migrants, employers/agents hold these passports - and the accused does not even have it on them.

Given all the above circumstances, that is the reason why many foreigners, who really are remand prisoners waiting for their trial, will end up in the prisons.

Many foreigners also, by all these difficulties like the poorer Malaysians, may just plead guilty even if they are innocent so that the court can impose a definite sentence that they can carry out in the prison and move on --- but alas, unlike the Malaysians, they may not be released because their passports and visas may have expired and they cannot leave prisons and enjoy freedom until their documents are in order...

Hence, more foreigners in prison..

It will be better to look at statistics of foreigners/Malaysians tried and convicted of the more serious crimes before we can make any conclusions about foreigners and crimes in Malaysia.

Language is also a problem - interpreters many a time do not come free, and this inability to communicate effectively with the authorities, their lawyers, etc..

KAJANG: Prisoners on parole numbering 777 have successfully served their time outside the prison walls since the system was introduced 18 months ago, said Prisons Depart-ment director-general Datuk Zulkifli Omar.

Saying the success rate was very high, he added that only 20 of them were thrown back into prison for breaching the rules and that 193 convicts were still under parole.

He said a total of 990 convicts were eligible for parole under the system that was introduced in July 2008.

Asked if the system had helped reduce over-crowding, Zulkifli said eight of the 31 prison institutions in the country were still over-crowded.

“Eligibility for parole is limited to those who have served half their sentence,’’ he said after accompanying Malaysia Crime Prevention Foundation vice-chairman Tan Sri Lee Lam Thye to the Kajang Prison Complex here yesterday.

To further check prison overload, plans are in the pipeline to introduce a new prison system catering to specific categories such as remand cases, convicted cases, women and juvenile, he said.

He also noted that one-third of the prisoners were foreigners and 50% of the cases involved breaking immigration rules. “We have 35,103 prisoners nationwide, of which 10,800 are foreigners.’’

Meanwhile, Lee said the parole system was good to sensitise the public and potential employers to accept rehabilitated convicts.

“Through the system, convicts would be given a chance to prove their performance at work.

“Otherwise, under normal circumstances, employers tend to immediately reject applicants who are ex-convicts,’’ he said.

He also called on parents and the community to keep an eye on ex-convicts and give them the moral support for rehabilitation..- Star, 20/1/2010, New parole system proves to be successful

Migrants eat grass...walk backfooted...and so they get sick and die...

On 23rd April 1999, the Malaysian government together with other ASEAN governments signed THE BANGKOK DECLARATION ON IRREGULAR MIGRATION, and declaration 14 states as follows:-

Irregular 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 towards them should be avoided;

Health services was specifically mentioned. We recall that it was reported in the media in December 2008, that "About 1,300 illegal foreigners have died during detention in the past six years, Malaysia Nanban quoted Malaysian Human Rights (Suhakam) commissioner Datuk N. Siva Subramaniam as saying. He said many of them died in immigration detention centres, prisons and police lockups because they were denied medical treatment at the right time.” [Star, 18/12/2008, ‘1,300 foreign detainees died due to neglect’] This was again reiterated ABC News(28/5/2009) Malaysia detention centres 'violating rights' .The Bar Council tells us that, "...The Dewan Rakyat figure would mean that an average of one migrant dies in custody almost every day!" - Bar Council: Deaths of migrants in prisons, rehabilitation and detention centres

Finally, the government tells us that it is because migrants eat grass...and walk around barefooted..Are they not provided footware?

The detention centers are an enclosed environment, it is not a village where animals may be freely moving around....or dying. Hygine of all detention places, especially within the fences, should be kept hygienic, clean  and disease free. And why are detainees eating grass ...are they not been sufficiently fed? Are they being starved...that they are force to eat grass?

Leptospirosis, a communicable disease, has been linked to environmental contamination in Malaysian detention centres, where eight deaths have been recorded this year.

Dr Anis Salwa Kamarudin of the Health Ministry's public health division said the cases are linked to certain habits of detainees, such as eating grass and walking around barefooted.

“Some of these detainees like to eat grass which grows in the camp (compound),” she said in a written response on how the disease spreads and what measures are being taken to prevent the incidence of communicable diseases in immigration detention centres.

In May, two detainees died of leptospirosis at the Juru immigration detention centre, while six more succumbed in August at the KLIA immigration detention depot.

Anis explained that infection occurs either directly through contact with urine or tissues of animal carcasses, or indirectly through the contaminated environment soil, water, drainage and plants.

This includes consumption of contaminated food and water, as well as breathing air with the leptospira bacteria.

The spread of infectious diseases in detention centres is also due to overcrowding and poor hygiene, Anis said.

"Diseases spread easily where the population density is high - scabies, impetigo, tuberculosis, pneumonia and influenza are among the communicable diseases," she said.

Diarrhoea, enterovirus, hand, mouth and foot disease, salmonella, Hepatitis A and polio are spread through contaminated faeces, while Hepatitis B and C, HIV/Aids and cytomegalovirus are caused by contamination of the blood.

Anis said the ministry has taken several measures to ensure the health and safety of the detainees, to control leptospirosis among other diseases.

These include annual inspection of cleanliness of living quarters, water supply, and areas where food is handled, prepared and served.

Medical services are extended to immigration detention centres every fortnight, with referrals to hospitals when required.

'More needs to be done'

Tenaganita director Florida Sandanasamy said, however, that much more can and should be done to improve the health of detainees.

She questioned the quality and adequacy of food and water supplies, pointing out that no one will resort to eating grass unless they are desperate.

Detention centres should have an in-house doctor to provide immediate medical attention, she said.

"When detainees complain of sickness, they are often not taken seriously and have to repeatedly ask for treatment. Sometimes, when their condition worsens and they are rushed to the hospital, it is too late.

"The government should also have better planning in space allocation, as it is a known fact that densely populated areas attract all kind of diseases.”

Florida also pointed to dirty toilets and the lack of proper bedding - or filthy, bug-infested items - as other sources of problems.

“In fact, the detainees are not given a change of clothes, sometimes having to wear the same clothing until they are released," she claimed.

She also called for attention to the mental health and overall well being of detainees, as this has been neglected by the government.

"The detainees suffer from trauma and abuse, and are very prone to depression," she added.- Malaysiakini, 14/12/2009, When detainees turn grass-eaters...

Not including medical cost, the government says that a sum of RM30 is spent per migrant per day...and, this is surely to provide good balanced diet, clean food trays, bedding, clothes and slippers... RM30 works out RM900 per month, and this is more than what most workers earn monthly...

First, it was the Immigration Department who ran these Detention Centres, but they did not do a good job, and the government transferred the responsibility to the experts, the Prison Department. Then, for no reason this responsibility was given to RELA...and, maybe it has now been handed back to the Immigration Department...or is still under RELA?

Rela members will be trained to take over the full-time running of the country's 14 immigration depots by the end of the year.

Home Affairs Minister Datuk Seri Radzi Sheikh Ahmad said in a recent Cabinet decision, Rela had been given control of all such detention centres, which currently housed some 11,000 illegal immigrants.

Previously, these centres were run and managed by the staff from the Prisons Department, which came under the purview of the Internal Security Ministry.

"However, we will need about two years to train our own staff in running these immigration centres. So, for the time being, Rela members will be put in charge of these centres.- Star, 22/11/2007, Rela to take over immigration depots

Access to health care in detention centres is once every two weeks... for how many hours? Considering the number of detainees and their living condition, this is certainly far from adequate. There should be a  permanent mini-clinic at every detention centre manned by a medical assistant, and a doctor at the very least. After all, there is already admission that it is indeed an environment that people can easily contract diseases.

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

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

Malaysian Trade Union Congress (MTUC) makes it 26 groups concerned about recent death of 6 Burmese in detention

2 migrants fell sick and died at the KLIA Immigration Depot. Could death have been avoided if the required healthcare was available?

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

 

No Za Bou, Women Migrant from Burma dies in KLIA Detention Centre

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

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

Name:       No Za Bou
Body No:  7652

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

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

15^th November, 2009

Minister of Health

Kementerian Kesihatan Malaysia
Block E1, E6, E7 & E10, Kompleks  E,
Federal Government Administrative Centre,
62590 Putrajaya, MALAYSIA

Dear Sir,

We have recently been informed that 2 Burmese Migrants, who were detained at the Lenggeng Detention Centre recently died at the Seremban Hospital by reason of disease. We seek clarification as to what was the said disease? Was it again Leptospirosis.

One of the deceased was allegedly Aung Myo Lwin [Camp Body Number: 22157], who died on 22/10/2009. Hospital did not say what disease he died from. He was buried on 29/10/2009. The other deceased was allegedly buried on 28/10/2009.

Please find enclosed also a Joint Statement of 21 organizations and groups, from all over the world, dated 25/9/2009, entitled “Leptospirosis Causes Death Of Another 6 Burmese In Detention In Malaysia - Denial Of Healthcare Is A Violation Of Right To Life”

We are concerned about the report of recent deaths of 6 migrants at the KL International Airport (KLIA) depot.

We note that this is the 2nd time that this is happening.  In May 2009, 2 persons in the Juru Detention Centre, in Penang, Malaysia. We refer you to our earlier  letter dated 25/5/2009, which also enclosed the Joint Statement of 113 organizations and groups, from all over the world, dated 23/5/2009, entitled “Death Of 2 Burmese Indicative Of State Of Detention Places In Malaysia - Denial Of Healthcare Is A Violation Of Right To Life” [To date, 127 organisations have endorsed this statement]

The statement speaks for itself, and if there is need for further information and clarification, feel free to contact us [Charles Hector (chef@tm.net.my) or Pranom Somwong (Bee) (p_somwong@yahoo.com) at 019-237100/300]

Kindly acknowledge receipt, and we expect your response. We note sadly that there was no response to our letter of 25/9/2009, and wish to state that this reflects very badly on your good self, the Ministry of Health and the government of Malaysia. As such, we hope that you will take the time to respond this time.

We would like to know whether there was an investigation conducted by the Ministry and/or its departments as cause of the contamination that resulted in the death by Leptospirosis.

We would also appreciate statistics as to the number of deaths of detainees in places of detention, and the causes of the deaths.

With regard to Leptospirosis, we would like the Malaysian statistics of persons infected by Leptospirosis and the number of deaths, and also the same statistics with regard to prisons, detention centers of undocumented migrants.

We would also like to know the steps being taken by the Government of Malaysia, your Ministry, the Public Health Department and/or other relevant bodies to ensure proper hygine, cleanliness, and most importantly how prompt and effective healthcare is to be provided at places of detention to prevent unnecessary deaths.

If you are unable or unwilling to provide the said information, kindly revert to us as to the reasons why. We hope that you will promptly respond to this letter.

Thank you.

In solidarity,

Charles Hector                                

For and on behalf of the organizations that have endorsed the said Statements.

Lot 3585A, Kampung Lubuk Layang,

Batu 3, Jalan Mentakab,

28000 Temerloh,

PAHANG, Malaysia

Tel: 019-2371 100/300

c.c.

Dato' Sri Mohd Najib Bin Tun Haji Abdul Razak,

Prime Minister of Malaysia,

Prime Minister's Office,
Main Block, Perdana Putra Building,
Federal Government Administrative Centre,
62502 Putrajaya, MALAYSIA

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

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

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

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

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

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

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

Bar Council: Deaths of migrants in prisons, rehabilitation and detention centres

Malaysian Bar Council
____________________________________

No. 13, 15 & 17, Leboh Pasar Besar, 50050 Kuala Lumpur, Malaysia
Tel: 03-2031 3003 (Hunting Line) Fax: 03-2034 2825, 2026 1313, 2072 5818
E-mail: council@malaysianbar.org.my
Website: http://www.malaysianbar.org.my

 

---

Press Release

Deaths of migrants in prisons, rehabilitation and detention centres

The Malaysian Bar is disturbed about the high number of migrants who have died while in custody.

In July 2009, the Dewan Rakyat was told that some 2,029 persons died in prisons, rehabilitation centres and immigration detention centres between 2002 and 1 June 2009.  More recently SUHAKAM Commissioner Datuk Siva Subramaniam was quoted as saying that 1,300 foreigners died in detention within the past six years.  The Dewan Rakyat figure would mean that an average of one migrant dies in custody almost every day!

The authorities should conduct a thorough investigation to identify the underlying causes for this large number of deaths.  Brushing off these deaths as being due to illness, asthma or suicide is unacceptable.  When individuals are placed in custody and denied their freedom of movement, the detaining authority is responsible for their well-being and care.  The detaining authority has a duty of care towards all such individuals, which is a responsibility that should be taken very seriously.

In the event of a death, the questions that should be asked include whether the death could have been avoided, and whether the authorities were negligent in fulfilling their duty of care.

In order to address the worrying situation of deaths of migrants in custody, we call on the authorities to:

i. Take greater care to regularly monitor the health of all those in custody, especially those held in immigration detention centres.  This will involve conducting regular medical check-ups and allowing the detainees easier access to medical personnel and facilities;
ii. Give serious attention to health-related complaints made by the detainees;
iii. Conduct an inquest each and every time there is a death in custody;

iv. Reprimand and take disciplinary action against all staff members who, through neglect or indifference, fail to prevent a death from occurring;
v. Give lawyers and family members greater access to detainees and detention centres; and
vi. Monitor those in custody more carefully, including the use of closed-circuit surveillance and more regular patrols.

In addition, one concrete step to reduce instances of neglect and abuse and to improve conditions in detention centres is to set up a Board of Visitors in each and every detention centre.  The establishment of such Boards, which would have the power to conduct unannounced visits, will demand greater accountability from the system.  It will compel the detaining authorities to upgrade their facilities, become more transparent in their operations and be more vigilant regarding what is happening within the detention centres. 

The reports of deaths of migrants in custody are not new.  Migrants, especially those in custody, are extremely vulnerable.  They are more cut off from their families and community than Malaysians held in custody, hence there is an urgent need to take immediate measures to ensure that their welfare is protected and nothing untoward happens to them.

The Malaysian Bar also reiterates its call for open inquests to be held promptly and expeditiously to determine the cause of death of any person in custody. 

The litmus test of how civilised we are as a nation is measured by the treatment we accord those who are most defenseless and vulnerable among us.

Dato’ M. Ramachelvam
Chairperson
Law Reform and Special Areas Committee
Bar Council

18 November 2009

2 more Burmese migrants in detention have died of disease - Hyginic Conditions & Immediate Healthcare may have prevented these deaths

Well, we have been informed that 2 more Burmese migrants in detention have died of disease. But what disease? Was it again Leptospirosis.

One of the deceased was allegedly Aung Myo Lwin [Camp Body Number: 22157]., who died on 22/10/2009. Hospital did not say what disease he died from. He was buried on 29/10/2009.

The other deceased was allegedly buried on 28/10/2009.

The 2 detainees was allegedly from the Lengeng Detention Centre, and they were taken to the Seremban Hospital where they died.

Remember that 6 other Burmese recently died of Leptospirosis at the KLIA Depot Detention Centre. This was an AFP Report, which was reported in the Singapore Straits Times. See Joint Statement dated 25/9/2009 in earlier post,LEPTOSPIROSIS CAUSES DEATH OF ANOTHER 6 BURMESE IN DETENTION IN MALAYSIA DENIAL OF HEALTHCARE IS A VIOLATION OF RIGHT TO LIFE

Recall also that 2 other Burmese detainees died of Leptospirosis at the Juru Detention Centre. See Joint Statement dated 23/5/2009 , 126 groups:- Death of 2 Burmese Indicative of State of Detention Places in Malaysia - Denial of Healthcare Is a Violation of Right to Life

We have a right to be informed of disease outbreaks and deaths in places of detention in Malaysia.

There is a need for permanent clinics manned by at least one doctor to be set up at all places of detention. There must be immediate access to heathcare, and continuous monitoring by the public health authority to ensure people in detention do not die by diseases, that most likely may have been avoided by ensuring cleanliness and adequate healthcare.

Employers should not be allowed to deduct worker wages to recover levy employers were required to pay

Employers who want to employ foreign workers are required to pay a levy.According to the Malaysian government...

The rationale behind getting employers to bear the levy was to discourage them from employing foreigners.... - Bernama, - Star, 16/4/2009

But then the government gave special permission to some (not all) employers to deduct the wages of their migrant workers to recover the levy these employers paid to be allowed to employ the migrant worker. This was a great injustice.

If the government wanted to help some employers, then the government should have just not required these employers to pay the said levy. It is wrong to allow these employers to recover the monies expended by deducting worker's wages.

PETALING JAYA: The Malaysian Trades Union Congress (MTUC) has called on the Labour Department to prosecute employers who continue to deduct levy from salaries of their foreign workers.

According to MTUC vice-president A. Balasubramaniam hundreds of workers have been “cheated ” by errant employers who continue to deduct the levy from their salaries although they have renewed their work permits after April 1, the date from which the levy was to be entirely borne by employers.

Prior to this, employers were allowed to pay the levy up front and later make monthly deductions from their workers’ salaries.

Balasubramaniam said that last week, about 2,500 foreign workers at a glove-making factory in Klang staged a five hour “strike” in protest against the management’s deduction of the levy from their salaries.

Similar complaints were also received from various parts of the country, he said.

Labour Department director-general Datuk Ismail Abdul Rahim, meanwhile, said that his department was continuing to be vigilant and was conducting checks on all establishments to ensure that there were no illegal levy deductions.

He said that employers were allowed to continue making deductions for workers who were employed prior to April 1, but this was only until the expiry of the work permits.

For all renewals and new employees after April 1, the employers should pay for the levy, he added.

He advised workers whose levy was still being deducted after the renewal of their permits to report the matter to the labour office.

The levy, paid annually, varies from sector to sector, with RM1,200 per foreign worker for the manufacturing and construction sectors, RM1,800 for restaurant and RM360 for maids. – Bernama - Star, 26/10/2009, Prosecute errant employers, urges MTUC