56 Groups Open Letter To ASEAN regarding worker's struggle in Burma

Open Letter

 

19 February 2010

 

Dr Surin Pitsuwan,

Secretary General of ASEAN,

The ASEAN Secretariat,

70A Jl. Sisingamangaraja,

Jakarta 12110 , Indonesia

Tel : (6221) 7262991, 7243372

Fax : (6221) 7398234, 7243504

 

Heads of Government of

Brunei Darussalam , Cambodia , Indonesia ,

Lao PDR, Malaysia , Burma ( Myanmar ), Philippines ,

Singapore, Thailand & Viet Nam ,

c/o Secretary General of ASEAN

 

Dear Sirs/Madam,

 

Re:      Justice for Workers in Burma

            3,600 Workers Protest for Worker Rights – February 2010

 

On 8/2/2010, about 3,600 factory workers, mostly women, from 3 factories in the Hlaing Tharyar industrial zone in Rangoon , Burma , protested against low wages and the substandard working conditions they are forced to endure in the factories.

 

It was reported that the workers at the Taiyee shoe factory and the Opal 2 garment factory began protests on Monday calling for higher daily wages, overtime payments and several other demands. On Tuesday, workers from the Kya Lay garment factory joined the strike action.

 

The workers, mostly women, staged protests outside the factories and inside a factory compound, where they sat down and refused to work. The three factories employ a total of about 3,600 workers.

 

The monthly income of most factory workers in Burma is very low, ranging from 20,000 kyat [USD20] to 40,000 kyat [USD40], thus forcing many workers to work overtime. Most workers work from 7 am to 11 pm daily. Many factory owners employ temporary workers who have no legal recourse if they are fired without compensation, according to former factory workers in Rangoon . More than 80 percent of factory workers in Rangoon work on a day-to-day basis. Most are young women between 15 and 27 years of age who come from the countryside in search of a better living.

[The Irrawaddy, Authorities Threaten Violence at Rangoon Strike – http://www.irrawaddy.org/article.php?art_id=17771]

 

The workers’ demands in these actions, for example, with regard to wages, as was reported, are for a mere USD10 increase per month.

 

The Burmese government’s response to this legitimate industrial action by workers was excessive and oppressive It was reported that, the “…Authorities used barbed wire barricades to block roads leading to the factories in the Hlaing Tharyar industrial zone in the city's north-east, and more than 50 truckloads of riot police carrying batons and shields were deployed and at least six fire engines and five prison vans were parked near the factories…” [AP - Straits Times, 10/2/2010, Myanmar workers on strike]

 

Today (19/2/2010) although the workers are back in the factories, they continue demanding for their rights. In Burma , they are even more vulnerable and powerless without a change in the existing laws to allow the right to assembly and to allow workers the right to form unions.

 

Burma is a member of ASEAN, and as such we call upon ASEAN and all ASEAN member countries to do the needful to ensure that workers in Burma, just like other workers in other ASEAN countries, also receive just wages, have a safe and healthy working environment, enjoy the right to form unions and all other universally acknowledged worker and human rights.

 

We also call on ASEAN, and ASEAN member countries to closely monitor the current situation at the Hlaing Tharyar industrial zone, and ensure that these workers rights are recognized and respected, and that the Burmese government refrains from further interfering in this pursuit of rights by workers in Burma .

 

Further, on 23 October 2009, the Heads of State/Government of ASEAN presided over the Inaugural Ceremony of the ASEAN Intergovernmental Commission on Human Rights (AICHR), during which they also announced the “Cha-am Hua Hin Declaration on the Inauguration of the AICHR” to pledge full support to this new ASEAN body and emphasize their commitment to further develop cooperation to promote and protect human rights in the region.

 

Noting that the primary purpose of the AICHR is to promote and protect human rights and fundamental freedoms of the peoples of ASEAN, we hope that the AICHR will begin proving that it is not merely a toothless tiger by ensuring that the human rights of these workers in Burma are promoted and protected.

 

Many ASEAN member countries, like Malaysia , Singapore and Thailand , invest significantly in Burma . We hope that these economic and other self-interest considerations will not affect the way ASEAN, and its member nations, response to human rights violations of the ordinary people and workers in ASEAN.

 

I look forward to hearing your response,

 

Yours sincerely,

 

      -sgd-

Pranom Somwong

Charles Hector

 

3585A Kg Lubuk Layang,

Batu 3, Jalan Mentakab,

28000 Temerloh, Pahang, Malaysia. Tel+60192371300

Email:- p_somwong@yahoo.com ; chef@tm.net.my

 

 

For and on behalf of the 56 Organizations/groups listed below:-

 

ALTSEAN-BURMA

All Kachin Students and Youth Union

All Burma Federation of Student Unions (Foreign Affairs' Committee)

Asia Pacific Forum on Women Law and development (APWLD)

Asia Pacific Solidarity Coalition (APSOC)

Asian Migrants Center(AMC)

Alliance of Progressive Labor (APL) – Youth and Women

'Alltogether', the South Korean left organization

Amnesty International Philippines

Batis Aware, Philippines

Burma Global Action Network

Burmese Women's Union (BWU)

Burmese Rohingya Association in Japan

Burma Campaign , Malaysia

Canadian Friends of Burma (CFOB)

Center for Migrant Advocacy (CMA) Philippines

Center for Overseas Workers (COW)

Coalition against Trafficking in Women – Asia Pacific

Chin Democracy and Human Rights Network ( South Korea )

Civil Society Committee of LLG Cultural Development Centre Bhd(LLGCSC),                 Malaysia

Committee for Asian Women (CAW)

Coordination of Action Research on AIDS and Mobility (CARAM) Asia

Democratic Party for a New Society (DPNS)

Empower Foundation , Thailand

Free Burma Coalition Philippines (FBC-Philippines)

Free Burma Coalition – Philippines (Women's Committee)

Foundation for Education and Development, Thailand

Human Rights Education Institute of Burma (HREIB)

Human Rights and Development Foundation ( Thailand )

Initiatives for International Dialogue (IID)

JERIT (Oppressed People's Network , Malaysia )

Kachin Development Networking Group

Korean House for International Solidarity, KHIS

Labour Behind the Label, United Kingdom

MAP Foundation , Thailand

Malaysian Trades Union Congress (MTUC)

MSC/NWC-  Sri Lanka , 

MAKALAYA (Women Workers Network)

Migrant Forum in Asia (MFA)

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

Network of Action for Migrants in Malaysia (NAMM)

Network for Democracy and Development

Parti Sosialis Malaysia (Socialist Party of Malaysia , PSM)

Pagkakaisa ng Kababaihan para sa Kalayaan (KAISA-KA)

Piglas Kababaihan

Partido ng Manggagawa (PM - Workers' Party)

Seoul-Gyeonggi-Incheon Migrants' Trade union (MTU), Korea

Studio Xang Art for Migrant Children, Thailand

Thai Labour Campaign (TLC), Thailand

Think Center ( Singapore )

The Action Network for Migrants (ANM), Thailand

The Shan Refugee Organization (SRO), Malaysia

Task Force on ASEAN and Burma (TFAB)

Worker Hub for Change (WH4C)

Women Health, Philippines

World March for Women - Philippines

 

 

 

c.c.     Workers in Burma -  solidarityburma@gmail.com

 

 

Another Strike in Rangoon, as Labor Unrest Continues

And even more workers in Burma are demanding for their rights...

See earlier posts:-In support of Burmese workers struggle for worker rights

In a sign of growing labor unrest, garment factory workers in Rangoon launched a sit-in strike on Wednesday evening to call for a pay increase and better working conditions. Security has been tightened around the affected factory area, with about 15 riot police trucks deployed.

The strike started around 4 pm yesterday at the Sky garment factory in the western part of Insein Township in Rangoon, and about 100 factory workers participated in the strike, calling for an increase in basic salary, better overtime pay and days off on public holidays, a local resident said. 

Workers at the Opal garment factory in Hlaing Tharyar Industrial Zone, where strikes took place last week. (Source:www.myanmargarment.net)

“The problem still continues in that factory,” confirmed a senior official from the Union of Myanmar Federation of Chambers of Commerce and Industry (UMFCCI), adding that government officials, factory owners and workers are now negotiating over the workers' demands.

The event follows last week's labor strikes by thousands of factory workers in Hlaing Tharyar Industrial Zone, about 11 km from the center of Rangoon. The government sent hundreds of riot police to the area. The workers were demanding an increase of 10,000 kyat (US $10) in salary and ended the strike after employers agreed to pay half the amount. 

“The workers want an increase of 100 kyat ($0.10) for overtime pay and an increase of basic salary,” said a local resident, adding that riot police trucks, a police custody van and a fire engine are still deployed near the factory. 

The official from the UMFCCI said that the unrest is related to recent pay hikes for government employees. Public servants' monthly salaries were raised by a flat rate of 20,000 kyat ($20) in January.

Rangoon sources said that workers in garment factories in other townships have also been demanding increased pay, and the factory owners agreed to talk over the demand, telling them not to launch a strike and contact the media. - The Irrawaddy, 17/2/2010, Another Strike in Rangoon, as Labor Unrest Continues

In support of Burmese workers struggle for worker rights

Standing up for your rights takes a lot of courage - and there is always risks involved. 

And in a country like Burma (Myanmmar), under a 'notorious' military junta, it really takes even more uts for people to stand up for their rights...and it was recently reported that Burmese workers have decided to stand up in 2 factories...

And the government's response was to send '....more than 50 truckloads of riot police carrying batons and shields were deployed and at least six fire engines and five prison vans...'.

We call on the Burmese military government not to 'crackdown' on the workers, who have every right to demand their rights. It is hoped that the workers demands are given due consideration - and that they be paid a reasonable wage. 

Low wages, poor inhumane working conditions, etc are some of the reasons why so many people of Burma have fled to neighbouring Thailand and Malaysia.

ASEAN should maybe step in, to ensure that their member, the Burmese military government, do not further stifle the rights of these workers. Trade Unions from fellow ASEAN nations, International Labour Organisation (ILO) and others should also press for a fair resolution of what really is a dispute between workers and the employer. Better wages and better working conditions are long overdue in Burma...

Myanmar workers on strike

Truckloads of riot police carrying shields are parked on a road leading to Hlaing Tharyar industrial zone in Myanmar. Myanmar's military government tightened security at the industrial zone where factory workers were staging a rare strike for better pay. -- PHOTO: AP

YANGON (Myanmar) - MYANMAR'S military government tightened security on Wednesday at an industrial zone in Yangon where factory workers were staging a rare strike for better pay. 

Protests of any kind are unusual in Myanmar, where the junta does not tolerate dissent. 

Authorities used barbed wire barricades to block roads leading to the factories in the Hlaing Tharyar industrial zone in the city's north-east, and more than 50 truckloads of riot police carrying batons and shields were deployed and at least six fire engines and five prison vans were parked near the factories. 

Workers at the Taiyee shoe factory and the Opal 2 garment factory began protests on Monday calling for higher daily wages, overtime payments and several other demands, said an official from the Myanmar Chamber of Commerce and Industry. The labour action spread to the Kya Lay garment factory on Tuesday, said the official, who spoke on condition of anonymity because he was not authorised to release the information. 

The workers, mostly women, staged protests outside the factories and inside a factory compound, where they sat down and refused to work. The three factories employ a total of about 3,600 workers. 

The official said factory owners and Labour Ministry officials were trying to settle the dispute, and some factories near those on strike had been closed to prevent the labour agitation from spreading. -- AP - Straits Times, 10/2/2010, Myanmar workers on strike

Around 2000 textile factory workers in Rangoon started striking on Monday evening, demanding a pay increase and reduced working hours.

Eye-witnesses said the situation is still tense with more than 30 riot police trucks and several fire engines stationed inside the factory zone. 

The strike started in the Mya Fashion garment factory in No. 3 Factory Zone of Rangoon's Hlaing Tharyar Township. The workers are demanding an increase in salary of 10,000 kyat (US$ 10), a reduction of working hours and the provision of a clean space for meals. Workers from nearby factories have reportedly joined the strike. 

Blocked by riot police trucks, fire engines and police custody vans, striking workers have been prevented from leaving the factory zone and no one has been allowed to enter, sources in Rangoon said. 

According to the latest reports, members of Union Solidarity and Development Association, a junta-backed organization have also arrived at the scene, and the strike continues. The workers have been warned to disperse peacefully or face a violent crackdown. 

The workers have to work from 7 am to 11 pm daily. In December, nearly 1,000 textile workers in Hlaing Tharyar staged a demonstration. Government officials were involved in negotiations with the workers over their demands, though it remains unclear as to how the issue was resolved.

The monthly income of most factory workers in Burma ranges from 20,000 kyat [$20] to 40,000 kyat [$40], forcing many to work overtime. Many factory owners employ temporary workers who have no legal recourse if they are fired without compensation, according to former factory workers in Rangoon.

More than 80 percent of factory workers in Rangoon work on a day-to-day basis. Most are young women between 15 and 27 years of age who come from the countryside in search of a better living.- The Irrawaddy, 9/2/2010, Authorities Threaten Violence at Rangoon Strike

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