Friday, July 30, 2010

Crackdown on bosses with illegal workers

2010/07/30

By Farrah Naz Karim

PUTRAJAYA: The blitz on employers who hire illegal foreign workers, which was shelved earlier this year, is back.

The first to be busted was a furniture manufacturer in Subang, who was caught on Wednesday employing 66 illegal immigrants. Deputy Home Minister Datuk Abu Seman Yusop said Immigration enforcers would be going after employers who commit offences under sections 55B, 55E and 56 (1)(d) of the Immigration Act.

Hiring more than five foreigners without valid passes or travel documents is an offence under section 55B. Employers could face a jail term of not more than five years and whipped up to six times.

Those who hire fewer than five workers could face a maximum fine of RM50,000 or a 12-month jail term or both for each worker. Those who allow illegal immigrants to enter or remain at his premises could be prosecuted under section 55E. These employers could be fined between RM5,000 and RM30,000 or face 12 months' jail or both for each illegal immigrant.

Abu Seman said the department would also hunt down those who harbour foreigners known to have contravened the Immigration Act (as mentioned in section 56 (1)(d)), adding that they faced fine of between RM10,000 and RM50,000 for each illegal immigrant they harbour. If the number under their roof exceeds five people, they could also be whipped up to six times and jailed up to five years. Abu Seman said the nationwide crackdown would cover all sectors that engaged foreign workers. But unlike previous operations, officers would not go to households to check on maids.

He warned employers that if they were caught breaking the law, they could be blacklisted by the ministry and be barred from hiring foreign workers, including maids. He also cautioned employers to check on the legal status of workers from employment companies. Claiming ignorance, Abu Seman said, was not an excuse. Errant employers, however, could find an easier way out if they owned up and arranged for the repatriation of their illegal workers. In this case, they would be let off with just a maximum RM3,000 compound. They would also have to show the department their illegal workers' one-way ticket home.

Read more: Crackdown on bosses with illegal workers http://www.nst.com.my/nst/articles/14isx/Article/#ixzz0v8TP3P4w

Sunday, July 25, 2010

Rise in police abuses

STRAITS TIMES

KUALA LUMPUR - THERE has been a rise in serious and repeated abuse of power by Malaysian police and other law enforcement agencies last year, according to Suara Rakyat Malaysia's (Suaram) civil and political rights report 2009.
The report also highlighted the government's resistance towards reform and greater compliance with human rights standards with nine people being detained under the Internal Security Act and more than 1,000 still being held under the Emergency Ordinance and the Dangerous Drugs Act in 2009.
It noted the heightened intolerance towards dissent as another key trend in human rights last year.The report said deaths in police custody continued to occur with seven cases recorded last year. There were also 88 deaths caused by police shootings in 2009, which the police justified as self-defence.
Suaram documentation and monitoring coordinator John Liu said the 'high number of fatal shootings last year is alarming, when compared with only 13 in 2007.' 'The deaths caused by police shootings are worrying. Eighty-eight people were shot dead by police in 2009 with not a single police officer known to be held accountable for any of those deaths,' he said during the launch of the report here. The report said there were numerous complaints of violent police reactions to peaceful assemblies, arbitrary detention of protestors, as well as threats and harassment against human rights defenders.
The report also mentioned Teoh Beng Hock's death which occurred in the custody of the Malaysian Anti-Corruption Commission and the recent case of alleged torture of former Royal Malaysian Air Force officer N. Tharmendran by military intelligence officers in connection with the theft of two jet engines.
It said abuse by police and other law enforcement agencies continued to occur mainly due to the government's failure to implement any significant reform of the police force and other law enforcement agencies. -- THE STAR/ANN



Thursday, July 15, 2010

Refugees in a dilemma

MY sinchew.com

KUALA LUMPUR, July 13 (Bernama) -- Being in a foreign land and with an uncertain future, the refugees in Malaysia have to work their way to survive.
"They are very hard working, doing odd jobs or taking up whatever work opportunity available. This is one thing that makes them good for resettlement," said Alan Vernon, the head of the United Nations High Commission for Refugees (UNHCR) in Malaysia.
"It would be a great idea to allow them to work formally. It would save money because they are already here. The refugees want to contribute to the country and support the society because they have a place to stay here," Vernon said.
"However, they do not get the opportunity to do so legally as they cannot obtain a work permit," he said, commenting on some suggestions to allow refugees in Malaysia to work.
Economic opportunies
He said there is a stiff competition for employment opportunities as the refugee community is mostly concentrated around Kuala Lumpur, and to this Vernon suggested they should be dispersed around the country.
"The bulk is in Kuala Lumpur. We would like to move them out and the best way is by legal work opportunity. They can work in plantations, in manufacturing and in construction. There are many economic opportunities in other areas and that would decongest Kuala Lumpur. The group is hungry for work. They make very good workers because they know they have to survive," Vernon said.
According to Vernon, some of the refugees have very good skills useful to the Malaysian employers.
Better control and regulatons over the refugees' situation, in particular the employment issue will help avoid exploitation.
"We have to start today. Lets see if we can find a way to make the refugees more self reliant in terms of work so they don't create a burden and a situation where we will have social problems," Vernon said..
"If people have a job they are not going to get involved in illegal activities. Their number may go up and may go down but it is better to have a policy and some system in place for dealing with the issue in a predictable way so that it can be properly managed," he said .
Priority for children
There are some 19,000 refugee children below the age of 18 registered with the UNHCR. Some 10,600 of these children are of school-going age. Nevertheless, it is estimated that less than half of refugee children of school-going age have access to any form of education.
"I have many concerns over the refugees but their children are the priority. Children need to be educated. If they don't get education, this robs their future and could create social problems later on. The Malaysian government has allowed the non-governmental organisations (NGOs) to provide education for refugee children. That is a good thing," Vernon said.
However, he told Bernama of the insufficient means and resources faced by the NGOs in providing the necessary education for the refugee children.
As such, the refugee communities themselves have organised education programmes for their children.
"Children who do not get educated are going to face a lot of difficulty in the future. They may end up with social problems in the future. So we rather have them educated so they can contribute to their community and when they return home they can be a contribute to their society and that can be a positive contribution from Malaysia in helping Myanmar, for example," Vernon said.
More to be done
The UNHCR is hopeful that it can work more closely with the government, the NGOs and the public to help improve the quality and access to education for the refugee population.
"They did not choose to come to Malaysia. You can say their parents made a choice but not their children so for them we need to work together to try to improve the conditions for them. And there is a role for everyone, there is a role for the government, a role for the NGOs, a role for the volunteers and also a role for the United Nations," Vernon said, adding there is also an important role for the refugees themselves.
The UNHCR initiatives
Where children's education is concerned, the UNHCR has made inroads in getting more refugee children to attend school. From about 2,500 in 2008, the number has currently increased to about 4,700.
The UNHCR is also working with its NGO partners in training the teachers and to date has trained more than 120 teachers.
The UN body also provides books, stationeries and other school supplies besides getting volunteers' support for the schools as well.
"All these are efforts to create a school system for the refugees. They cannot go to the government school. Even if the government opens up the schools for the refugees, of which I think is possible, not all will go because of the language barrier and also the fact that many of the children have missed school for many years," Vernon said.
He said that the challenge remains to find an appropriate education programme for a diverse population.
Small schools
There are about 60 refugee community schools initiated by some refugee groups besides those managed by the UNHCR and several NGOs with the majority of them scattered around Kuala Lumpur.
The schools are often very small and set up at locations where the refugees are present.
The refugees, according to Vernon, are reluctant to move around as they face a lot of constraints, including money for transport.
"Schools are not really schools. Very often it is just an apartment space. As for the syllabus, we try to use the Malaysian curriculum but they also have some of their own cultural studies in anticipation of going hom," Vernon said..
"The students also get language studies, some English, some Bahasa Melayu. Other subjects are math, science, history and social studies. Quality of schools vary from very good to not very good but we find ways to improve them," he said.
Helping them to help themselves
The UNHCR also has a team to help set up a leadership structure within the refugee community.
"We try to work with all of them and try to encourage them as much as we can but I have to be realistic. Some groups are better than others. Some groups easily form a group and organise themselves, others struggle with it. Some are more tolerant in having their women participating in leadership structures than others who think that is a bad idea," Vernon said.
He too commented on some adverse publicities on some refugee groups but the number involved is small.
"The group here does not want to get into trouble because they know that their situation is fragile and they cannot turn to their government for help. So I rarely find refugees getting into trouble but you do have a larger migrant population and with such a big number you are going to face social problems. It is inevitable I think," he said.
Note above the law
Vernon said the UNHCR has always taken efforts to ensure that the refugees stay away from trouble and respect the local laws.
"A refugee is not above the law. If they break the law they can be charged under the law like the rest. The UNHCR identification document offers no immunity. They have to follow the law, they have to recognise that their presence here are not something that they can take for granted," Venon said..
"They are guests in a foreign country and they need to behave as a guest. They should not make the Malaysian people feel threatened or unhappy on their presence," he said.



Sunday, July 11, 2010

Greens pledge to increase refugee intake to 20,000

ABC Net

The Greens have released their election policy on refugees which provides for an increase in the annual refugee intake to 20,000.
The Green would also end off-shore processing and ensure no children were held in detention.
They say Australia's refugee intake has dropped to 6.6 per cent of total migration, the lowest in 35 years.
Greens Senator, Sarah Hanson-Young, says asylum seekers have little option but to travel by boat.
"We know that numbers of people who are seeking rides on boats from people smugglers from Indonesia and Malaysia are coming because they've already been granted refugee status by the UNHCR, and have no other pathway to actually seek freedom because Australia is not resettling enough of these people," she said.
The Greens want to close the Christmas Island detention centre and instead establish community reception centres in mainland cities to conduct health and security checks on asylum seekers.
Senator Hanson-Young says their policy is practical and humane.
"What a sad time it is that .... the notion and true values of a fair go, looking after the little guy, ensuring that we treat our fellow human beings with compassion has all been thrown out the window, because the major parties are playing politics with the lives of vulnerable people."
She says Julia Gillard's credibility has been damaged by her handling of asylum seeker policy.
"This is a Prime Minister, who despite the needs and desires within the community for a humane approach to asylum seekers, is backing the Howard plan," she said.