Maxter Glove Case - a letter from SUHAKAM to Thu Maung

Maxter Glove Case - a letter from SUHAKAM to Thu Maung

As a follow up to the case of Thu Maung, whereby 69 groups did jointly issue a statement entitled, "STOP PENALIZING WORKERS WHO WANT TO GET JUSTICE- MAXTER GLOVE SHOULD REINSTATE BURMESE MIGRANT WORKER WHO COMPLAINED TO LABOUR DEPARTMENT", I just received a letter addressed to Thu Maung from SUHAKAM.  I wonder whether there was even a trial, or whether the Labour Department is just reporting what the employer said. I will look into this and revert soonest. Further updates to follow.

Media Statement – 11/6/2010(Updated)

STOP PENALIZING WORKERS WHO WANT TO GET JUSTICE

- MAXTER GLOVE SHOULD REINSTATE BURMESE MIGRANT

WORKER WHO COMPLAINED TO LABOUR DEPARTMENT

We, the undersigned 69 organizations, groups and networks, concerned about migrant and worker rights, are appalled at the treatment of workers at Maxter Glove Manufacturing Sdn Bhd (229862-H), at its factory at  Lot 6070, Jalan Haji Abdul Manan, 6th Miles off Jalan Meru, Klang, Selangor, Malaysia.

We are appalled at the dismissal of Thu Maung, a Burmese migrant worker, who courageously lodged a complaint at the Labour Department to claim his rights as a worker. Claiming worker rights by lodging complaints against errant employers at the Labour Department is the proper and legally recognized procedure in Malaysia. It is very wrong for employers to discriminate against and/or terminate workers who are exercising their legal rights. It is also wrong for employers to discourage and/or threaten workers from seeking justice, when worker rights are being violated.

Maxter Glove Manufacturing Sdn Bhd is a subsidiary of Supermax Corporation Berhad. Maxter Glove Manufacturing Sdn Bhd is a gloves manufacturer that makes Latex Powdered Examination gloves, Clorinated & Polymer Coated Latex Powder Free gloves, Nitrile Gloves and Sterile surgical gloves which is also exported overseas. Supermax Corporation Berhad is an established company, that according to their 2009 Annual Report made an after-tax profit of about RM126 million.

On 23^rd March 2010, Thu Maung and another Burmese migrant worker from Maxter Glove Manufacturing Sdn Bhd lodged a complaint at the Subang Jaya Labour Department.  Their complaints, amongst others, was that the employer:-

a.         had wrongfully deducted levy, that employers have to pay when they employ migrant workers, from the worker’s wages,

b.         had unlawfully deducted the medical check-up fees of RM1000 from the worker’s wages,

c.         had wrongfully withheld 2 months wages,

d.         had failed to provide the migrant worker with accommodation,

e.         had not been giving the workers one rest day per week,

f.          had made the workers work overtime(sometimes up to 13 hours per day), and  also on public holidays and rest days, and had thereafter failed to  pay overtime wages and wages for working on rest days and/or public holidays at the statutorily stipulated rates.

On 23^rd March, Thu Maung and another had also lodged a complaint at the Malaysian Human Rights Commission (SUHAKAM).

On 12 April 2010, Thu Maung went again to the Labour Department in Rawang and gave a detailed complaint, whereby the Rawang Labour Department did record the complaint and forward the same to the Labour Department office in Port Klang, because they said that the Port Klang Labour Office, has the requisite jurisdiction since the employer, Maxter Glove Manufacturing Sdn Bhd, is in Klang.

According to Thu Maung, after about 1 month since the lodging of the complaint at the Subang Jaya Labour office, company’s representatives started intimidating workers individually by asking them who had complained to the Labour Department, and whether they were also going to complain to the Labour Department. This form of intimidation of workers is deplorable. This kind of actions by employers has the tendency of instilling fear and preventing workers from claiming their legally recognized labour rights.

On 28 April 2010, Thu Maung’s supervisor at the company, for no reason, suddenly asked him to return the worker’s pass and not to come back to work. Thu Maung was wrongfully terminated, and he verily believes that this was done just because he had complained to the Labour Department, and was perceived as the leader of the workers who wanted to claim their rights.

It is even worse when the worker is a migrant worker, for a termination will usually mean a cancellation of the work visa, and deportation back to their home country. This also would mean that they would not be able to even pursue their claims at the Labour Department, Labour Courts, Industrial Relations Department, Industrial Courts and/or Civil Courts as the physical presence of the complainant and/or litigant is necessary for the continuation of process of claiming rights.

The practice of terminating, cancellation of work visa and immediate deportation is a blatant disregard of the laws in Malaysia that exist to protect worker rights.

Work passes in Malaysia allow workers to work only for a specific employer – and hence a termination would leave the worker with no ability to work and earn a living legally in Malaysia, while he awaits the determination of the process that may give the worker justice. Cancellation of the work pass also makes his stay in Malaysia illegal, and he risk being arrested, detained and deported.

It is sad that the current laws and practices of Malaysia, which used to employ more than 2 million migrant workers have not been amended yet to ensure that workers who claim their rights are not wrongfully terminated and sent back.

Whilst there is a clear provision in the Industrial Relations Act 1967, that is section 5, which explicitly prohibits employers (or persons acting on behalf of employers) from discriminating, threatening, dismissing or acting negatively against workers who are interested in forming, joining, and/or encouraging other workers to join trade unions, there is no similar clear provision in law protecting workers who want to claim their worker rights through the Labour Departments and other available avenues. As an example, section 5(1)(c) and (d) of the Industrial Relations Act 1967is as follows:-

(1) No employer or trade union of employers, and no person action on behalf of an employer or such trade union shall -

…. (c) discriminate against any person in regard to employment, promotion, any condition of employment or working conditions on the ground that he is or is not a member or officer of a trade union;

(d) dismiss or threaten to dismiss a workman, injure or threaten to injure him in his employment or alter or threaten to alter his position to his prejudice by reason that the workman -

(i) is or proposes to become, or seeks to persuade any other person to become, a member or officer of a trade union; or

(ii) participates in the promotion, formation or activities of a trade union; or…

There should be a similar clear provision in law that will prevent employers from harassing, threatening, discriminating and/or dismissing workers that claim their worker rights using existing avenues of complaints and remedies. The act of employers impeding, dismissing (or threathening to dismiss) workers who claim their worker rights should also be made an offence with a hefty fine. Workers should also receive a significant sum in exemplary damages, over and above their claim. Deterrence is needed to stop this unhealthy practice of employers violating worker rights, and preventing them access to justice.

In the case of Thu Maung, we call for the immediate reinstatement of Thu Maung without any loss of benefits.

We call on Dato' Seri Stanley Thai, Executive Chairman cum Group Managing Director of Supermax Corporation Berhad, to ensure that the wrong done by their subsidiary, Maxter Glove Manufacturing Sdn Bhd, to Thu Maung and other workers in the said company is ended, and that all workers are paid forthwith what has been wrongly deducted from their wages, monies that have wrongly been withheld returned, outstanding overtime payments, and that all legitimate claims are settled.

We call on the government of Malaysia to do the needful, including enacting laws that will deter employers in Malaysia from exploiting workers, and also protect workers that claim their worker rights from the negative acts of repercussion and/or ‘revenge’ by some bad employers.

We also call on the government of Malaysia to ensure that all migrant workers can continue to stay and work legally in Malaysia until their cases in the Labour Department, Labour Courts, Industrial Relations Department, Industrial Courts and/or Civil Courts, and appeals thereafter are completed.

Charles Hector

Pranom Somwong

For and on behalf of the following 69 organizations

ALIRAN, Malaysia

Alliance of Health Workers Philippines

Arakan League for Democracy (ALD-LA-MALAYSIA)

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

Asian Migrant Centre (AMC)

Asian Migrants Coordinating Body-Hong Kong (AMCB)

Association of Indonesian Migrant Workers in HK (ATKI-HK)

BAYAN  USA.

BOMSA, Dhaka, Bangladesh 

BUGKOS

Burma Campaign, Malaysia

Burma Partnership

Canada-Philippines Solidarity for Human Rights (Vancouver, BC Canada)

Center for Japanese-Filipino Families

Clean Clothes Campaign -International Secretariat

Committee for Asian Women (CAW)

Communication Union of Australia (Vic Branch)

Empower, Chiang Mai

Filipino Migrant Center

Frank-Hubner-Scholl Resistance Movement of the White Rose

Free Burma Campaign Singapore (FBCSG)

Friends of Burma, Malaysia

Gabriela-Taiwan

IMA Research Foundation, Bangladesh

Institute for National and Democratic Studies of Indonesia (INDIES)

Interfaith Cooperation Forum

Kabalikat, A Domestic Workers Support Network,US

KAFIN-Migrante (Saitama)

Kafin Migrant Center, Japan

Labour Behind the Label, United Kingdom

MADPET - Malaysians against Death Penalty and Torture

Malaysian Trades Union Congress (MTUC)

MAP Foundation,Thailand

May 1st Coalition for Worker & Immigrant Rights, USA

Mekong Migration Network (MMN)

Migrante Aotearoa New Zealand

Migrante B.C. (Canada)

Migrante Denmark

Migrante Europe

Migrante International

Migrante-Middle East

Migrante Nagoya

Migrante Taiwan

Migrante UK.

Migranteng Ilonggo sa Taiwan

Mission For Migrant Workers (MFMW), Hong Kong

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

National Network for Immigrant and Refugee Rights (NNIRR), U.S.

Network of Action for Migrants in Malaysia (NAMM)

PAN Asia and the Pacific

Parti Rakyat Malaysia (PRM)

Persatuan Kesedaran Komuniti Selangor (EMPOWER)

Persatuan Masyarakat Malaysia & Wilayah Persekutuan (PERMAS)

Philippines Australia Union

Philippine Society in Japan

PINAY (Filipino Women's Organization in Quebec)

Pusat Komas

Rights Jessore, India

Shan Refugee Organization, Malaysia

Suara Rakyat Malaysia (SUARAM), Malaysia

The Asia Pacific Mission for Migrants (APMM)

The Best Friend Library - Chiang Mai, Thailand

The Hong Kong Coalition for Free Burma Campaign

Think Centre Singapore

United Indonesians against Overcharging (PILAR)

United Filipinos in Hong Kong

Workers Hub for Change (WH4C)

YASANTI, Indonesia

ZOMI National Congress- Malaysia

Japanese Translation: JVC Unjustly Discriminates Against Burmese Migrant Women Workers Who Claim Worker Rights

 

 

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

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