ITS MURDER, Another life is LOST

Saturday, October 31, 2009

TENAGANITA PRESS STATEMENT

29th October,2009

ITS MURDER
Another life is LOST:
The situation is serious
The right to life is threatened.
Violence and abuse in various forms are escalating.

Tenaganita is aghast with the statement by the Home Minister, Datuk Seri Hishammuddin Hussein that the death case of Mautik Hani – being the first of it’s kind in the country (NST – 28/10/09).

Mautik Hani ,a domestic workers from Surabaya died on 26th October 2009 . She was so brutally and severely abused by the employers that her body could only succumb death. According to reports, she was kept locked in the toilet for days until a new domestic worker who felt a stench coming from the bathroom found her. Hani’s backbone and right wrist were broken, her body was bruised, her face swollen, and a wound on her right leg so severe, her bone was visible .

It is not the first of it’s kind in the country. As Malaysians, do we remember or have we forgotten Nirmala Bonat ‘s case in 2004, who was severely abused. This year alone, on 24th May , another Indonesian domestic workers died in Petaling Jaya after sustaining severe injuries to her head and body as reported by Jakarta Post . In June 2009, Siti Hajar was tortured by her employer that included starving, beating and scalding with boiling water and following to that, the Indonesian Government put a ban on Indonesian domestic workers. Before that, in March , another case of abuse, of Indonesia domestic worker named Siami in Segamat, Johor who had worked 5 months for her employer. She was scalded with hot water, struck with a rotan, punched and kicked by her employer.

Tenaganita has received more than 400 calls, handled 273 cases with over 2184 human rights violations committed by the employers and the recruiting agencies during the last 3 years. The cases are increasing because during the last 1 month, Tenaganita received more than 10 cases of domestic workers who were physically abused, raped, not paid wages, no off days and passports confiscated by the employers. Children as young as 14 years old are domestic workers working 16 to 22 hours a day. The Indonesian Embassy in Kuala Lumpur stated that each year they handle and shelter at least 1000 cases of domestic workers. The other embassies like Philippines, Cambodia, Sri Lanka and India also have handled many cases of abuse of domestic workers from their own respective countries.

Are these not enough statistics for us and for the government to move into swift preventive actions? The forms of abuse, torture and exploitation are incredible but real. Its long overdue and we must stop being in a state of denial or more precious lives will be lost.

Out of the 273 cases, what shocks us is that not one case of abuse and violence has gone to court. Police investigations are sluggish, court systems inaccessible, and processes drag on endlessly. Often, the victims drop the cases out of weariness, and go home as they no longer can continue their life of trauma and indefinite waiting. The possibilities of justice is distance and inaccessible.

From the cases mentioned it becomes clear that the authorities and enforcement agencies including the judiciary, punish the victim, the onus of proof of being legal is on the victim when the controls are with the employer or the agent. We then protect rapists, abusers and irresponsible employers. We condone violence. We nurture trafficking in persons and create an environment for slavery like practices. We see the numbers grow, we watch the statistics swell, and we close our eyes as the perpetrators walk away without any guilt.

The Home Minister, instead of reducing the death of an innocent human being, a worker whom we Malaysians demanded for to meet our needs to an insignificant issue, should pull up his socks and conduct open and serious investigations to violence and abuse faced by domestic workers and why the roads to justice are shut down.

In fact, it is clear that the above form of intense rights violations bring about a bonded labor with intense servitude and debt bondage that constitutes trafficking in persons.The situation and the trafficking of women and children in domestic work will continue if we do not work for change.

There are deep concerns over the system of placement and conditions of work for domestic workers. For many years, Tenaganita has stated over and over again that it is only when rights of workers are protected through laws; when domestic workers are recognized as workers, will employers, agents and Malaysians as a whole can ensure respect and dignity for domestic workers. The statutes and the legal process cannot and must not exclude domestic workers.

This form of persistent and intentional discrimination of women from the more marginalized groups, speaks volumes of how we respect persons and ensure their dignity. We have ratified CEDAW ( The Convention In The Elimination Of All forms of Discrimination Against Women) and have not lived up to our commitment and accountability.

We welcome the Human Resources Minister, Datuk Dr. S. Subramaniam’s announcement that domestic workers in Malaysia will be given one paid day off a week and be allowed to keep their passports during their stay in the country. This move will definitely help in reducing the current forms of abuse.

But globally, the experience shows that only when rights are protected and guaranteed in the statutes of the country, has violence and exploitation been drastically reduced.

Malaysia has also passed the Anti trafficking in Persons Act and labor trafficking is part of its definition. We have been placed in tier 3 for the second time by the US government. The report clearly stated the vulnerable conditions of domestic workers that bring about servitude and slavery like practices.

We definitely want to change that scenario and we hope the Home Minister takes cognizance of it. We must change our laws, redefine domestic work as work and not as servant in the employment act. We need clear standardized contract for all domestic workers, attached to the employment act for effective enforcement. The one day off must be implemented without delay.

The source countries have equal responsibilities to protect the rights of their nationals especially migrant workers. They must ensure that the domestic workers do not enter into debt bondage and rights are guaranteed before they leave through the bilateral agreements and when in employment.

We do not want to see another death of an innocent domestic worker in Malaysia.

Domestic Workers is a human being. She is a woman who needs care, warmth, love and respect, so she can live a life of dignity. She is here because we need her. It is only fair and just that she is treated with dignity and respect, not only by every individual employer but by the government of the day as well.

Irene Fernandez

Director

IOM and UNIFEM Train Bangladeshi Labour Attachés

Thursday, October 22, 2009

Posted on Tuesday, 20-10-2009
Bangladesh - IOM and UNIFEM today launched a three-day training workshop in Dhaka on current migration management and remittance issues for Bangladeshi labour attachés.

The training, the second of its kind, follows a similar programme offered last year by IOM and will be attended by 14 labour attachés stationed at 12 Bangladeshi missions abroad.

Facilitators and speakers will include labour migration experts from IOM HQ and IOM Dhaka, local legal and gender experts, representatives from key government agencies and Bangladesh's association of recruiting agencies.

The programme is designed to enhance government capacity in migration management, improve protection of migrant workers, and optimize the benefits of managed labour migration, including the development of new labour markets.

Topics under discussion will include global migration trends against the backdrop of the financial crisis, emerging local challenges in migration management, the protection of migrant workers, their rights and mechanisms of inter-state cooperation.

"Labour attaches are responsible for providing support and services to Bangladeshi workers abroad. This is a forum where they can share their experiences and come up with practical solutions that really meet the needs of the migrants," says IOM Regional Representative for South Asia Rabab Fatima.

Overseas Employment and Expatriate Welfare Minister Engineer Khondoker Mosharraf Hossain attended today's opening session. At the event he launched ten newly updated country-specific booklets produced by IOM Bangladesh under an ongoing DFID-funded project entitled "Remittance and Payments Partnership Project", which are used in pre-departure briefings of outgoing migrant workers.

For more information please contact:

Asif Munier
E-mail: amunier@iom.int

or

Marufa Akter
IOM Dhaka
Tel: +880.2.988.9765
E-mail: makter@iom.int

Nepal: Years of Terror, Then Broken Promises

(Kathmandu) - Investigate and Prosecute Killings and Torture From Decade of War Era
October 16, 2009

The Nepal government has failed to conduct credible investigations and to prosecute those responsible for thousands of extrajudicial killings, torture, and enforced disappearances three years after the end of the country's decade-long armed conflict, Human Rights Watch and Advocacy Forum said in a joint report released today.

The 47-page report, "Still Waiting for Justice: No End to Impunity in Nepal," calls for the government to investigate and prosecute those responsible for crimes committed during Nepal's armed conflict. A lack of political will and consensus, prevailing political instability, and a lack of progress in the peace process has meant the government has not delivered on its promises to prosecute these crimes, as set out in the 2006 peace agreement, Human Rights Watch and Advocacy Forum said.

"The politicians, police, prosecutors, and army are letting the people of Nepal down once again," said Brad Adams, Asia director at Human Rights Watch. "The government has had plenty of time to set the wheels in motion to prosecute the perpetrators, but all it has done is make empty promises."

The report is a follow-up to a 2008 report, "Waiting for Justice: Unpunished Crimes from Nepal's Armed Conflict," providing updates to the 62 cases of killings, disappearances, and torture between 2002 and 2006 that were documented in the first report. Most of the abuses in the report were carried out by security forces, but a couple involve Maoist rebels.

The families of those killed and disappeared have filed detailed complaints with the police seeking criminal investigations, but so far the Nepali justice system has failed miserably to respond to those complaints, Human Rights Watch and Advocacy Forum said.

In 10 of the 62 cases, the police have still refused to register the criminal complaints, sometimes in the face of a court order to do so. In 24 cases where the complaints were registered, there is no sign that investigations are being conducted. In approximately 13 cases police appear to have tried to pursue investigations by writing to relevant agencies to seek their cooperation to interview the alleged perpetrators. The army, Armed Force Police, and Maoists have refused to cooperate.

To date, not a single perpetrator has been brought to justice for grave human rights violations before a civilian court. Political parties have put pressure on the police not to investigate certain cases in order to protect their members. Police, prosecutors, and courts have devised multiple strategies to obstruct and delay justice, while institutions long opposed to accountability - most notably the Nepal Army - have dug in their heels and steadfastly refused to cooperate with ongoing police investigations.

"For too long, families of victims have had to fight for truth and justice, despite these repeated delays and obstacles," said Mandira Sharma, executive director of Advocacy Forum. "It's been a year since our last report, but police still refuse to follow court orders to file complaints."

The government has also failed to reform laws that impede effective criminal investigations into past violations, and there has been little progress in setting up the transitional justice mechanisms promised in the peace agreement, such as a commission of inquiry into disappearances and a truth and reconciliation commission.

In the report, Human Rights Watch and Advocacy Forum call on the government of Nepal to:

* Vigorously investigate and prosecute all persons responsible for abuses, including members of the security forces, in all 62 cases highlighted in this report, as well as other cases of human rights violations;
* Set up a special unit of senior police investigators, under the oversight of the Attorney General's Office to investigate cases against the Nepal Army and create an independent oversight body for the Nepal Police;
* Establish a truth and reconciliation commission and a commission of inquiry into disappearances in line with international standards that would preclude granting amnesty for serious human rights abuses.

The report also calls on influential international actors to promote reform of security forces, including the establishment of effective oversight and accountability mechanisms for the security forces and vetting procedures.

"The government should support the police to carry out these investigations and restore people's trust in the rule of law and state institutions," Adams said. "Donors should support security reform. If the political will is there nationally and internationally, then we can achieve justice."

Selected accounts from the report

"There is no justice in Nepal, no rule of law and no government but I want to see a Nepal where even the senior-most government officials cannot escape justice. The security officials must be punished; they are not employed to kill citizens. All those responsible for human rights violations must be brought to justice."

- Dhoj Dhami, uncle of Jaya Lal Dhami, killed by security forces in Kanchanpur District in February 2005

"When I filed a First Information Report with the police, I had hoped that my family would get justice; the accused would be punished and my family would receive compensation for the living and education of my children. Although it has been years since I started struggling for justice, nothing has happened yet. I have visited the police station many times but there has been no progress in investigation. I don't have much hope because I think the government is reluctant to provide justice."

- Bhumi Sara Thapa, mother of Dal Bahadur Thapa and Parbati Thapa, who were killed by security forces in Bardiya District in September 2002

"I once met Prachanda, [the chairman of Unified Communist Party of Nepal (Maoist)]. He promised that he would uncover the truth about my husband and then inform me, but I have received no information yet although I have tried to meet him again several times."

- Purnimaya Lama, wife of Arjun Lama, abducted by Maoists in April 2005

"Even after the Supreme Court's order of February 3, 2009, the District Police Office, Dhanusha has not registered the FIR according to law. Although I have visited the DPO at least on three different occasions and met the deputy superintendent and the superintendent of police there, there has not been any progress in the investigation of the case. I don't think the police are willing to work in accordance with the law."

-Jay Kishor Labh, father of Sanjeev Kumar Karna, who disappeared after being arrested by the police in October 2003

"There are many cases of human rights violations filed before the police. As the people implicated are often high-ranking officials, it is difficult to investigate the cases because of their influential positions."

-Sub-inspector of police in Pokhara, Kaski District, wishing to remain anonymous

Migrant workers face abuse in SKorea: Amnesty

By AP - SEOUL — Many migrant workers in South Korea are abused, trafficked for sexual exploitation or denied wages despite the introduction of rules for their protection, Amnesty International said Wednesday.

South Korea became one of the first Asian countries to recognise the rights of migrant workers when it implemented the Employment Permit System (EPS) in August 2004.

"Now, five years into the EPS work scheme, migrant workers in South Korea continue to be at risk of human rights abuses and many of the exploitative practices.... still persist," the rights group said in a report.

Norma Kang Muico, Amnesty's East Asia researcher, said the EPS was a good starting point.

"What is lacking is the implementation," she told a news conference. "There is not enough monitoring on workplaces... when abuses do take place, nothing is done to rectify them."

Migrant workers still incur large debts to pay exorbitant fees to brokers but find on arrival that jobs are different from what was promised back home, the report said.

They are barred from changing jobs without their employer's permission.

Amnesty said migrants often have to operate heavy machinery or work with dangerous chemicals with little or no training or protective equipment, and suffer a disproportionate number of industrial accidents.

"Interviews that we had with migrant workers (showed) that they all had some form of industrial accident" ranging from minor to quite severe, Muico said.

Women migrant workers are particularly at risk, the report said. "Many are sexually assaulted or harassed by the management or their co-workers."

At some entertainment venues including establishments in US military camp towns, women with entertainment visas were expected and at times forced to have sex with customers.

In one case, a 39-year-old Philippine woman identified only as JA was told by her promoter in the Philippines that she would be working as a singer.

"All I did was talk to customers -- American soldiers -- and get them to buy me drinks. I was forced to fill a drinks quota. That was my job. Upstairs, there were rooms with beds where customers could have sex with the bar girls," she was quoted as saying.

"The club owner tried to force me to have sex with the customers by threatening to send me back to the Philippines but I refused and told him that I would rather go back home," JA was quoted as saying.

The report said South Korea had about 680,000 low-skilled migrant workers in September 2008, mostly employed in manufacturing, construction, agriculture and other industries.

Most were Vietnamese, Filipinos, Thais or ethnic Koreans from China.

Of the total an estimated 220,000 were irregular workers and authorities had launched a "massive and sometimes violent" crackdown to try to halve this number by 2012.

Amnesty urged the government to carry out rigorous inspections to ensure migrants' rights are observed, to protect female migrant workers and to stamp out sexual exploitation and harassment.

It called on the government to allow irregulars to remain while seeking compensation for abuses by employers, and to ensure that immigration authorities obey the law when cracking down on illegals.

Stop the Repatriation of the Sri Lankan Refugees Now!

Tuesday, October 20, 2009

Urgent Appeal: 20 October 2009: Stop the Repatriation of the Sri Lankan Refugees Now!

SUARAM has received disturbing information that personnel from the Sri Lankan Embassy were at Pekan Nenas Immigration Detention Centre in Johor today. Four representatives from the Sri Lankan Embassy, including the Deputy High Commissioner, arrived at the detention centre at around 11.30am and they were forcing a group of Sri Lankan refugees to sign agreements for repatriation. The refugees refused to sign the agreements and the embassy personnel assaulted them by beating and kicking them to force them to sign the agreement.

The group being tortured by the Sri Lankan embassy personnel is part of a larger group of 108 Sri Lankan UNHCR recognised refugees detained at Pekan Nenas Immigration Detention Centre. Out of the 108 people, there are 10 women and 10 children. One of the women is in her 8th month of pregnancy.

One of the Sri Lankan women has been on a hunger strike since 13 October to protest her detention as a UNHCR cardholder. Today, another 9 women and 5 men will join her in the hunger strike.

The 108 refugees are part of 122 Sri Lankans who were arrested on 8 September 2009 at a hotel in Johor. The 108 refugees were sent to Pekan Nenas Immigration Detention Centre while the remaining 14 asylum seekers who did not have UNHCR cards were sent to Simpang Renggam Detention Centre. SUARAM has been told that the 122 Sri Lankans were initially living in Kuala Lumpur. They were approached by agents who promised them jobs in Johor Bahru in exchange for a fee.

In addition, SUARAM was informed that the Immigration Department denied SUHAKAM access into SUARAM. SUHAKAM was there to investigate into a complaint regarding the detention of 207 Sri Lankan asylum seekers and UNHCR recognised refugees.

SUARAM highly condemns the Sri Lankan Embassy for assaulting the refugees and forcing them to sign agreements for repatriation.

We also condemn the Malaysian Government for being an accomplice in the human rights violation by allowing the Sri Lankan Embassy to have access to UNHCR recognised refugees in the detention centre.

We demand that the Malaysian Government fully respects the international customary law of non-refoulement, which prohibits the return of people to places where they may face persecution or threats to their life or freedoms.

We demand that the 108 Sri Lankan refugees and all other UNHCR recognised refugees are released into UNHCR’s official care immediately. We also call upon the Malaysian Government to ensure that that all law enforcement agencies (in particular RELA, Police and Immigration) respect UNHCR documents and refrain from arresting holders of these documents.

Finally, we call upon the Immigration Department to allow SUHAKAM and UNHCR free and full access to immigration detention centres.


Released by,


Temme Lee

Coordinator


Urgent action needed:

Please write protest letters to the government and the police to express your strongest condemnation of the mistreatment of refugees. Please also demand the Malaysian Government to stop the repatriation of Sri Lankan refugees.


Please call and send your protest letters to:

Pekan Nanas Immigration Detention Depot

Pekan Nanas,

81500 Pontian, Johor

Tel : +607-6993577

Faks : +607-6993588



Dato' Abdul Rahman bin Othman

Director-General of Immigration Department,

Director-General’s Office,
Immigration Department of Malaysia Headquarters,

Level 7 (Podium),
No 15, Persiaran Perdana, Presint 2,
62550 Putrajaya,

Malaysia
Tel: +603-88801005

Fax: +603-88801201

E-Mail: kpi@imi.gov.my

Dato' Sri Mohd Najib bin Tun Abdul Razak
Prime Minister of Malaysia,
Prime Minister's Office,
Main Block, Perdana Putra Building ,
Federal Government Administrative Centre,
62502 Putrajaya , MALAYSIA
Tel : 603-8888 8000
Fax : 603-8888 3444
E-Mail: ppm@pmo.gov.my

SAMPLE LETTER

[Letterhead of your organisation]

Dato' Abdul Rahman bin Othman

Director-General of Immigration Department,

Director-General’s Office,
Immigration Department of Malaysia Headquarters,

Level 7 (Podium),
No 15, Persiaran Perdana, Presint 2,
62550 Putrajaya,

Malaysia
Tel: +603-88801005

Fax: +603-88801201

E-Mail: kpi@imi.gov.my

Dear Sir,

RE: Stop the Repatriation of the Sri Lankan Refugees Now

We are writing to you to express our outrage and our strongest condemnation over your government's treatment of Sri Lankan refugees in Malaysia.

We are appalled by your government and the Immigration Department’s latest action to allow the Sri Lankan Embassy to access Sri Lankan refugees that are detained at your detention centres. This is an outright violation of the right to seek asylum as enshrined under Article 14 of the Universal Declaration of Human Rights. This is also an outright violation of the international customary law of non-refoulement, which prohibits the return of people to places where they may face persecution or threats to their life or freedoms

We demand that the 108 Sri Lankan refugees detained at Pekan Nanas Immigration Detention Centre are released immediately into the custody of UNHCR. We demand that UNHCR is given immediate and free access to register the remaining 14 asylum seekers detained at Simpang Renggam.

We demand that the Malaysian Government take measures protect the rights of refugees and asylum seekers who are currently in Malaysia and fully respect the principle of non-refoulement, as recommended by the Committee on the Elimination of Discrimination Against Women (CEDAW) and the Committee on the Rights of the Child (CRC), two UN Conventions of which Malaysia is party to.

We strongly urge you, once again, to stop bringing shame to Malaysia and to ratify 1951 Convention Relating to the Status of Refugees and the 1967 Protocol.

Yours sincerely,

[Name]

Indonesia bans maids recruitment to Kuwait

Monday, October 19, 2009

Published Date: October 15, 2009
By Ben Garcia, Staff writer
http://www.kuwaittimes.net/read_news.php?newsid=NzAyNzQ0NjU3

UWAIT: The Indonesian Labor Ministry has temporarily suspended deployment of Indonesian housemaids to Kuwait. The decision was implemented in Jakarta by the Indonesian Ministry of Labor at least until the issues of some 600 runaway housemaids are resolved.

We are sad to issue this decision, but it is for the greater benefit of our workers," said Indonesian Ambassador to Kuwait and Bahrain, Faisal Ismail, as he spoke with the Kuwait Times yesterday about the new development. "The Ministry of Labor in Jakarta implemented the order in mid-September. We currently have around 600 runaway housemaids at our embassy. They have issues that need to be resolved, and although the government of Kuwait has been very helpful, until their concerns are resolved we have to temporarily suspend deployment," said ambassador Ismail. "We shall enforce the order and we'll do our best to help our compatriots resolve their cases in Kuwait.

Ismail said more improvements when it comes to their worker's welfare in Kuwait were needed in order to scrap the new suspension order. "If Kuwait shows more improvements in how they can protect our workers and resolve our domestic laborers' issues, then we shall deploy workers once more. It has something to do with the improvement in treatment and conditions with regards to our workers. Yes, the issues here are many, but they are helping us. Meanwhile, the moratorium will continue until a new order comes
from our Ministry of Labor," he reiterated.

Meanwhile, Ambassador Ismail mentioned the complete termination of their previous cooperation with the Kuwait Union for Domestic Labor Offices (KUDLO) since their problems could not be settled by KUDLO alone. Months ago, KUDLO was accused by several local recruitment agencies of monopolizing the Indonesian domestic labor market. They promised that issues of Indonesian housemaids could be settled under their scheme, but they failed. KUDLO represents about 13 recruitment agencies against more than 400 other
agencies not associated or connected with KUDLO.

We already cut the cooperation agreement with KUDLO with regards to exclusive recruitment of our workers. As you know, there have been numerous oppositions to that scheme, and besides, they cannot resolve housemaid's cases alone," he said. There are around 80,000 Indonesians in Kuwait, of which 60,000 are engaged in domestic labor.

Govt demanded to ratify UN convention

Written and published by The Jakarta Post, Fri, 10/16/2009 2:36 PM and can be found at http://www.thejakartapost.com/news/2009/10/16/govt-demanded-ratify-un-convention.html

The National Commission for Women has urged the government to ratify the 1990 UN Convention on female migrant worker protection to look after millions of Indonesian female migrant workers.

The organization's commissioner, Sri Wiyanti Eddyono, said recently the government signed the UN convention but was yet to approve it - even though the country had migrant workers in numerous countries since the 1980s.

Sri said the government issued a law on the protection of workers abroad. She said it regulated most labor-supplying companies, and prevented labor smuggling and illegal migrants.

According to Sri, if the UN convention was ratified it could be a legal base for female migrant workers to settle disputes with employers, and demand their wage, work hours and leave rights were met.

The chairman of the National Agency for the Placement and Protection of Indonesian Migrant Workers, Jumhur Hidayat, admitted the government was yet to commit to protecting migrant workers, which the Constitution should guarantee.

"The convention has not seriously been considered by the government," he said. Jumhur also said he expected the next minister to propose the convention be ratified.

It was claimed the government had declined to ratify the UN convention since countries employing Indonesian workers had not yet authorized it.

Sri said Indonesia should not supply workers to countries that refused to ratify the convention.

He also said female Indonesian migrant workers consistently filed physical and sexual assault complaints they experienced in their workplaces abroad."Some employers also take their employees' passports. This means they cannot leave the country, even though they have been abused and exploited," she said.

Jumhur also said many female migrant workers who suffered from mistreatment were domestic workers. He added a great number of female migrant workers from Indonesia had suffered from abuse while some had died as a consequence. He said most domestic workers were regulated by the domestic workers law - not the labor law.

Indonesia has signed a bilateral agreement with Malaysia, Saudi Arabia and South Korea to prevent abuse in the workplace.

However, labor abuse is rife in countries that have not deployed regulation to protect employees' rights in the workplace.

MYANMAR: Burmese migrants struggle in Malaysia

PENANG, 14 October 2009 (IRIN) - In the tourist city of Penang in northern Malaysia, the Buddhist temple has become the locus of social and economic support for migrants from Myanmar.

"l was a contractor at home, but left Burma [Myanmar] 19 years ago, arriving in Malaysia after crossing from Thailand," said Aung Tin, a foreman on the construction site of a new pagoda.

Penang is one of Malaysia's main economic and industrial centres, and the Burmese Buddhist temple provides social and religious support for the Burmese community.

At the construction site, all 14 staff supervised by Aung Tin - who would only talk to IRIN using a pseudonym - are Burmese migrants.

"I left as soon as I could after the 1990 elections," said Aung Tin. "The economic situation in the country was bad for years before then, and I had not been able to generate enough work. When I saw that the army was going to keep things the same, it became clear that I could not make a living,"

In 1990, Aung San Suu Kyi's National League for Democracy (NLD) won the last election held in Myanmar, but the military rulers overturned the result, and have run the country since.

Aung Tin left behind a wife and two sons, whom he has not seen since. His boys are now grown up, and like their father, want to leave their home country.

When Cyclone Nargis devastated Myanmar in 2008, his family's home was one of more than three million destroyed. "All my money was sent home to help repair my house," he said.

Employment magnet

Myanmar is one of the most impoverished countries in the region, and ranks 138 out of 182 countries surveyed in the UN Development Programme's (UNDP) 2009 Human Development Report.

Limited employment prospects encourage many to look for opportunities in neighbouring countries. Thailand is the main destination for Burmese workers, but Malaysia is also favoured, along with Bangladesh and India, according to a 2008 UN report on migration in East and Southeast Asia.

Accurate figures of how many Burmese are leaving Myanmar are difficult to obtain because much of the movement is irregular, say civil society groups.

Malaysia is heavily dependent on foreign labour for its construction and plantation industries, and is a magnet for migrant workers in the region. According to government statistics, there were 92,020 registered Burmese workers in 2006, comprising 5 percent of the total registered workers.

Rights groups, however, say there are also thousands of unregistered Burmese in the country; the Kuala Lumpur-based Burma Workers' Rights Protection Committee estimates there are about 500,000 registered and unregistered migrants from Myanmar in Malaysia.

And as of May 2009, the UN Refugee Agency (UNHCR) said it had registered 50,000 people of concern from Myanmar, including refugees and asylum-seekers.

Under threat

Aung Tin's story is similar to those of many migrant workers in Malaysia. He had a work permit originally but has veered back and forth between legal and illegal status since.

Many Burmese find work at construction sites, factories and food outlets, according to Malaysian rights groups. If they were recruited or brought in to work at factories, they are often provided with accommodation. But while some employers provide proper living facilities, others force their workers to live in overcrowded and cramped conditions.

Rights groups say many Burmese migrants as well as refugees do not carry legal documents, and face arrest, detention and deportation by the Malaysian authorities.

Deportees, both migrant workers and refugees, are then vulnerable to human traffickers at the Malaysia-Thailand border, who demand huge sums of money to help them get back into Malaysia, they say.

"Another problem that the Burmese face is extortion from the police," said Temme Lee, refugee coordinator for Malaysian rights group Suaram.

"Due to their lack of proper documentation, Burmese are often stopped by police. The police threaten to arrest them and demand money from them," she told IRIN.

Despite his perilous and often haphazard situation, Aung Tin is one of the better-off migrants. He earns 50 Malaysian ringgit (US$14.80) per day as foreman at the construction project.

"The monks look after us here, and try to give us work," he said.

CARAM Asia Reaffirms its membership of the Asia Pacific Refugee Rights Network

Thursday, October 15, 2009

As a network committed to advocating for the rights of mobile populations, last year CARAM Asia was invited to attend the first Asia Pacific Consultation on Refugee Rights arranged by Forum Asia in order to increase the capacity and advocacy tools of local refugee groups. Following this consultation, participants agreed to form a loose regional network was formed known as the Asia Pacific Refugee Rights Network (APRRN) to share information concerning ongoing issues.

Last week, CARAM Asia attended the second annual meeting of APRRN members which was held in Bangkok. This year’s meeting sought to build on the existing relationships formed last year, while simultaneously strengthening both the solidarity and communication within the membership. It is extremely positive to note that over the past year, the membership has increased by at least a 25%.

It is a testament to the members and the hard work of the steering committee, that the United Nations High Commission for Refugees (UNHCR) increased their own participation in this event. The UNHCR, led by the South East Asia Regional Coordinator Raymond Hall, agreed with the civil society delegation that there was a need to increase the lines of advocacy and communication of the two parties in order to best advocate for refugee rights in the area. Further means of lobbying states to adopt the 1951 Refugee Convention was also discussed as well as other issues that related to the mutual beneficial capacity of the two parties.

CARAM Asia used the opportunity to highlight the cross cutting issues facing both refugees and migrants including the right to health issues. Moreover the network was able to place a regional perspective on the treatment of mobile populations as well as to expand on our existing contacts within the field. Over the four days, wider issues were raised including the treatment in detention centres as well as the increased vulnerability faced by women and girls. As a member of this network CARAM Asia has continued its participation in both the Right to Health Working Group (RTHWG) as well as being a member of the geographical South East Asia team.

CARAM Asia will continue to work as a proud member of this new network in order to advocate for the rights of mobile populations especially those that relate to health and gender.

2nd Asia Pacific Consultation on Refugee Rights A Success

Wednesday, October 14, 2009

By Kitty McKinsey, In Bangkok, Thailand - UNHCR News Stories

BANGKOK, Thailand, October 12 2009 (UNHCR) – With more refugees on the move but few Asian countries giving them a warm welcome, representatives of civil society and non-governmental organizations from 19 Asian and Pacific countries have met in Thailand to strategize on how to press for greater refugee rights.

The second meeting of the UNHCR-backed Asia Pacific Refugee Rights Network (APRRN), which wrapped up last Saturday, brought together more than 100 individuals representing advocacy groups from a broad region where protection of refugees often depends on political discretion rather than written laws.

"Much of Asia is a vacuum in terms of asylum law and institutions," Raymond Hall, UNHCR's regional representative and regional coordinator for Southeast Asia, told the opening session. "Our strategy should be to encourage governments to change this and to take a greater degree of ownership over refugee protection.

"With large-scale irregular migration and increasing numbers of people seeking asylum, the day may come when governments close down the fragile protection space that does exist," he warned.

Groups within the APRRN campaign for an end to detention of refugees – a major problem in many Asian countries – and try to improve refugees' access to basic services, such as health care. They also fight to ensure refugees' access to legal aid, and look out for the rights of girls and women.

Eileen Pittaway, director of the Centre for Refugee Research in Australia, advised refugee advocates to be cautious in how they represent refugees: "We can assist them in making their voices heard, not speak for them."

Tom Vargas, UNHCR's Bangkok-based senior regional protection officer, said he was pleased with the growth of the network since its establishment a year ago in the Malaysian capital, Kuala Lumpur. "We are very enthusiastic about working with them," he stressed. "They can add new impetus to advocacy for asylum-seekers at the national and regional level."

Vargas said the big change "is that NGOs have usually focused on the rights of their own nationals, but now they are fighting more for the rights of non-nationals, for refugees."

In a dialogue with UNHCR, representatives of the NGOs and civil society groups expressed concern that many refugees in Asia have trouble getting identity cards and are subject to arbitrary arrest and detention.

"We are functioning in a region," Hall agreed, "where asylum-seekers and refugees have little legal protection, and where an asylum-seeker is almost by definition an illegal immigrant in the eyes of the law."

OFW welfare group vs compulsory insurance

By Veronica Uy, (INQUIRER.net) 10/13/2009
Found at http://globalnation.inquirer.net/news/breakingnews/view/20091013-229848/OFW-welfare-group-vs-compulsory-insurance

MANILA, Philippines — The Center for Migrant Advocacy, which looks after the welfare of and policy issues concerning overseas Filipino workers, on Tuesday opposed the proposed law requiring compulsory insurance coverage for OFWs.

Members of the bicameral conference committee to amend Republic Act 8042 or the Migrant Workers Rights could not agree on this either.

CMA executive director Ellene Sana said that while the intention to cover all OFWs is good, it is bound to follow the fate of the $25 membership fee for Overseas Workers Welfare Administration (OWWA).

The fee is supposed to be paid by the employer, but is usually paid by the OFWs themselves.

Sana said the government—not private insurance companies, recruiters, or OFWs—should provide OFW protection.

She said the present voluntary insurance coverage should stay. The proposal “opens up another multi-million dollar insurance business at $75 per OFW. Madaming kikita ditto (Many will earn from this),” she said.

The proposed bill being discussed in the bicameral conference committee provides that in addition to performance bond by recruiter, each worker shall be covered by compulsory insurance policy at no cost to worker; $15,000 survivor’s benefit for accidental death; $10,000 for natural death; $7,500 for permanent total disability; repatriation cost in case of job termination or death; $100 a month in subsistence allowance benefit for six months for migrant worker involved in a case or litigation for protection of his or her rights in receiving country.

The bill also provides that claims resulting from employer’s liability to worker shall have an insurance coverage amounting to three months for every year of service.

In case of workers recruited through government-to-government mechanisms, the Philippine Overseas Employment
Administration shall provide a guarantee fund for monetary claims out of breach of contract.

Rehires and direct hires may get insurance coverage from employers or pay these themselves.

Hundreds protest plans to deport migrant workers, kids

By Dana Weiler-Pollak (Haaretz)found at http://www.haaretz.com/hasen/spages/1120969.html

Hundreds of people turned out yesterday in Jerusalem and Tel Aviv to protest the cabinet's decision to deport 1,200 children of foreign workers and their parents next summer.

Yesterday morning social welfare organizations held a vigil in front of the Knesset as the legislators inside discussed the deportations. Another vigil was held at the same time across from the Interior Ministry building in Tel Aviv.

In the afternoon, several hundred demonstrators, marched along Ben Zion Boulevard in the center of Tel Aviv. Protesters called on cabinet ministers to "do what is moral, true and right" and grant the children legal status.

"As long as deportation is on the agenda, no matter the date, we'll keep on working," said Rotem Ilan of the Israeli Children organization, which organized the protests. "Those kids can't be living on hold, in permanent anxiety. Until the day arrives on which those 1,200 children, who are 100-percent Israelis, get a legal status, we won't stop."

Deeply engaged in the struggle is Noa Maiman, whose father is business tycoon Yossi Maiman. "Our connection to this is personal: It began when my grandmother, who is 95 and a Holocaust survivor, made us promise that we would take care of her "granddaughter" Pirita - her Peruvian caretaker's little girl," Maiman said.

"My grandmother is terrified about it and we all feared for our friends when the Oz deportation unit took to the streets," Maiman said, referring to the Oz task force created by the National Immigration Authority to locate and detain foreigners working in Israel without valid work permits.

"As the August deportation deadline drew near we prepared about 75 hiding places for children," Maiman continued. "I felt personally responsible. My grandmother was saved from the Holocaust by a Polish woman who hid her for two and a half years. I'm not making a comparison here, but there's this ongoing womanly grace happening here, and perhaps my grandmother is also trying, in her way, to pay the world back in kindness."

MKs and ministers yesterday also voiced their opposition to the plan. Education Minister Gideon Saar (Likud), said that "the interim decision of the prime minister must be extended until the of the year, and in the meantime a general policy must be fleshed out to avoid such situations in the future."

Saar's predecessor, MK Yuli Tamir (Labor), invited the leaders of the protesting organizations to the Knesset, and requested time for the issue at the session. "The cabinet's decision to leave those children just hanging in mid-air appears to me to be cruel and unseemly," she said. MK Haim Oron (Meretz) said the "brutal and shameful decision to deport children" shows that Interior Minister Eli Yishai of Shas and his colleagues "have forgotten what it is to be Jewish."

The Minister of Sports and Culture, Limor Livnat (Likud), said that if the decision to deport the children goes forward, she would formally protest it in the cabinet. "It's inconceivable that those kids, who know no other country but Israel, will spend their days terrified, horrified and hiding from immigration police," she said.

Channels for internal/international migrants must remain open for South Asians

Tuesday, October 13, 2009

http://www.asiantribune.com/news/2009/10/12/channels-internalinternational-migrants-must-remain-open-south-asians


By Manjari Peiris
Colombo, 13 October, (Asiantribune.com):


The UNDP Resident Representative in Sri Lanka, Neil Buhne, stressed the need to mainstream migration into the development strategy of any country, especially those countries where migration plays a large part in the economy, such as Sri Lanka, at the launching ceremony of 2009 Human Development Report (HDR) in Colombo, on 12th October 2009.

Buhne added that addressing mobility issues would accelerate progress of human development at individual, community, national and global levels. He further outlined the core package of policy reform described in the Report. “The reforms stress rights for migrants, ensure benefits for migrants and destination communities alike, making it easier for people to move.”

The Secretary to the Ministry of Foreign Employment Promotion and Welfare, S. Sirisena, while delivering the keynote address at the Report launch, provided an overview of the development of labour migration in Sri Lanka. “The Government of Sri Lanka is taking forward the National Labour Migration Policy and has placed a particular emphasis on increasing the migration of skilled workers and reducing the outflow of skilled workers, including women workers who are employed as housemaids.”

According to the HDR launched, migration within and across borders brings many benefits to South Asia, yet opportunities are often lost due to barriers and constraints to movement.

The Report shows that migration can have a significant impact on reducing poverty in a country. This identification is especially true for internal migration, since it is much easier for people from poor families to move within borders than across them. Internal migration far exceeds the number of people who have moved across country borders. There are problems as well; rapid urban growth often associated with internal migration can pose major challenges.

A review of urbanization experiences in South Asia commissioned for the Report finds that a number of governments continue to pursue policies aimed at slowing down internal migration.

Instead of viewing internal migration as a problem, the Report encourages South Asian countries to view it as a possible solution to development needs that can be managed. Many countries including Sri Lanka are linking migration policies to their strategies for reducing poverty.

Many migrant workers especially in Asia rely on commercial agents to organize job offers and make other arrangements such as housing. Overcoming Barriers in the Report, believes that the high fees which middlemen demand can be a problem, especially for low-skilled workers. The Report urges South Asian countries to consider ways to reduce these costs and combat corruption to ensure greater gains from movement.

The gains of migrants are often shared with their families and communities at home. In many instances, it is in the form of cash remittances. Remittances are very significant for several nations in the region, most notably in Nepal, Bangladesh and Sri Lanka where they constitute about 16%, 10% and 8% of the GDP, respectively. In 2007, US$ 2527 million in remittances were sent to Sri Lanka. The average remittances per person were US$ 131 compared with the average for South Asia of US$ 33. The families of migrants may benefit in other ways too.

These ‘social remittances’, as they are called, include reductions in fertility, higher school enrolment rates and the empowerment of women.

The latest Human Development Index (IHDI) is released as part of the 2009 Human Development Report which is an indicator of people’s well-being, combining measures of life expectancy, literacy, school enrolment and GDP per capita. The HDI of this year for Sri Lanka is 0.759 and it is ranked in the 102nd place out of 182 countries. Between 1980 and 2007 Sri Lanka’s HDI rose by 0.58% annually from 0.649 to 0.759 today. Sri Lanka is in 59th and 66th place respectively in terms of life expectancy at birth and adult literacy rate.

The event concluded with a panel discussion by experts on migration representing the Government, academia and the UN system. The panelists were Dr. Saman Kelegama of the Institute of Policy Studies of Sri Lanka, Dr. Fredrick Abeyratne of the UNDP, K.O.D.D. Fernando of the Bureau of Foreign Employment, Shantha Kulasekera of Migration Management, Gerald Lodwick of the National Workers Congress, Shyama Salgado of the Youth Employment and Gender Focal Point and Professor Indralal de Silva, Dean of the Faculty of Arts, Colombo University.

A range of issues including migrant rights, national policies dealing with migration and contribution of migration towards achieving the Millennium Development Goals were discussed.

- Asian Tribune -

Migrant Workers Pay High Price to Work Abroad

Monday, October 12, 2009

Published by The Jakarta Post Monday, (October 12th, 2009)

Indonesian migrant workers have to pay agencies a year's salary to find employment in Taiwan, and about six months' salary to move to Malaysia or Singapore, states the 2009 Human Development Report launched on Monday.

Asian migrants moving to the Gulf often pay 25 to 30 percent of what they expect to earn over two to three years in recruitment and other type of fees, the report's lead author, Jeni Klugman, said.

She added that under the agreements struck between the governments of Thailand, Cambodia and Laos, recruitment fees were equivalent to four or five months' salary, processing time averaged about four months, and 15 per cent of wages were withheld pending the migrant's return home.

"In contrast, smugglers reportedly charge the equivalent of one month's salary. Given these differences, it is not surprising that only 26 percent of migrant workers in Thailand were registered in 2006."

The report, commissioned by the United Nations Development Programme (UNDP), showed that both internal and international migration involved extensive official documentation, which could inhibit mobility or lead to illegal migration.

While there are large numbers of licensed recruitment agencies, 1,500 in the Philippines and close to 2,000 in India, many ignore the legal caps set on fees charged for their services.

"The difference between wages at home and expected wages abroad is perhaps the most important determinant of the price of recruitment agency services," the report said.

"People with less skills and who are poorer are more likely to move. But with the current economic downturn, there has been a decrease in demand for migrant workers," the report says, adding that unequal opportunities were a major driver of economic migration.

Indonesia has an emigration rate of 0.9 percent. The major continent of destination for migrants from Indonesia is Asia with 77.5 percent emigrants living there.

The US is host to nearly 40 million international migrants - more than any other country. However, as a share of total population, Qatar has the most migrants - with more than 4 in every 5 person being a migrant. Indonesia has 135,600 representing 0.1 percent of the total population.

Remittances are unequally distributed. Of the total US$370 billion remitted in 2007, more than half went to countries in the medium-human-development category, against less than 1 percent to low-development countries. In 2007, Indonesia received $6,174 million in remittances, with an average remittance of $27 per person, compared to $108 for the OECD.