In the past, migrants (Workers), refugees and asylum seekers were tremendously threatened by the government, politicians, authority, and even public but now its the time for human rights defenders being attacked, intimidated and criticized - by the use of mainstream media, through government agencies and official statement through related ministries.

SHOW YOUR SUPPORT FOR DR.IRENE FERNANDEZ, ED TENAGANITA WHOSE TIRELESSLY PROTECTING, AND ADVOCATING THE FUNDAMENTAL RIGHTS OF THESE HIGHLY VULNERABLE, MARGINALIZED COMMUNITY.

See a few related media coverage below:


Tenaganita executive director slammed for speaking ill of country

http://thestar.com.my/news/story.asp?file=/2012/5/8/nation/11249852&sec=nation

PETALING JAYA: While many Malaysians wait for Indonesian maids to arrive, Tenaganita executive director Irene Fernandez has advised Jakarta not to send workers of any category to this country.

Her statement to the Jakarta Post yesterday that Malaysia is unsafe for foreign workers has come in for all-round condemnation.

Deputy Human Resources Minister Datuk Maznah Mazlan slammed Fernandez's remarks as unethical, inaccurate and unpatriotic while two agencies dealing with foreign labour described them as unfair and a gross generalisation.

Maznah said: “While there may not be specific laws for migrant workers, Malaysia has sufficient laws to protect all workers, including foreign workers.

“If foreign workers have issues or have been mistreated, they can lodge a report with the Labour Department or go straight to their respective embassies or even the police. There are avenues for them to seek redress.”

As a member of the International Labour Organisation, Malaysia was committed to ensuring there was no discrimination against workers in the country, including foreign workers, said Maznah.

Fernandez, in the Jakarta Post interview, was also quoted as saying that there was no legal framework or a particular law to protect foreign workers.

She also claimed that the Government had discriminated against housemaids by excluding them from the recently-announced minimum wage regulation.

Maznah explained that domestic helpers were excluded because they worked in an “informal sector” and their accommodation, food, clothing and other basic needs were taken care of by the employers.

Malaysian Maid Employers Association president Engku Ahmad Fauzi Engku Muhsein took Fernandez to task for her “generalisation”, saying:

“A few cases of abuse do not represent the whole attitude of employers, thousands of whom treat their maids well. We have cases of maids getting their degrees or diplomas with the help of their employers.”

He said it was unfair to say that Indonesian workers get a raw deal here, noting that the maid agreement between Indonesia and Malaysia gave domestic help many benefits.

“We have a clear policy. The maid's salary must be paid to the bank and the employer must open an account. The maid holds her passport and she must be given insurance and health coverage.

“This MoU is better than any agreement with other countries. There's even a minimum wage of RM700,” he added.

Association of Foreign Maid Agencies acting president Jeffrey Foo said nobody should make sweeping statements about the lot of foreign workers in Malaysia, where countless people voluntarily make their way to earn a living.

“Reports from the Immigration Department show that we have millions of migrant workers. This shows that people are attracted to come here. It also shows Malaysians are good employers,” he added.

Anifah: Fernandez irresponsible

By YISWAREE PALANSAMY | yiswaree@nst.com.my0 comments

MIGRANTS' RIGHTS: Tenaganita executive director told to get facts right as cops say they want to quiz her

 

TENAGANITA executive director Irene Fernandez has come under fire yet again over her controversial statements pertaining to foreign workers.

Foreign Affairs Minister Datuk Seri Anifah Aman has labelled her action as irresponsible.
Anifah took a swipe at Fernandez in a press conference yesterday, chiding her and questioning her motive behind a statement to an Indonesian daily that Malaysia was unsafe for foreign workers.
"She seems to have no sense of responsibility towards her own country and has gone to town claiming that the country is unsafe for foreign workers, which is downright ridiculous," Anifah said.
Fernandez, in a Jakarta Post interview, was quoted as saying that there was no legal framework nor a particular law to protect foreign workers.

She also claimed that the government had discriminated against domestic maids by excluding them from the recently announced minimum wage.

Fernandez was alleged to have advised Jakarta not to send workers of any category here.
Anifah said: "The Indonesian government and the Malaysian government share strong ties and had formulated a bilateral mechanism to ensure the binds that had been forged, especially with regard to the supply of maids, continue without any infringement, or dissatisfaction.

"Fernandez's actions could jeopardise our hard work all these years, especially when we are anticipating the arrival of the first batch of maids soon."

He said that Malaysia was a signatory to the Asean Declaration on the Protection and Promotion of the Rights of Migrant Workers 2007 and was a member of the International Labour Organisation (ILO) and, therefore, viewed the charity and safety of workers seriously.

"If you have a solution to the issue, which you are claiming there is, then rightfully, you should have approached and advised us on the proper manner to handle it."

The minister said that despite her statement, no action would be initiated against her.
On the allegations by Indonesian dailies that three migrant workers, who were shot dead near Port Dickson last month, had their organs harvested before their remains were sent home, Anifah said an autopsy in Indonesia had shown the victims' organs were intact.

Anifah commented on the issue in light of a protest in front of the Malaysian embassy in Indonesia over claims that the trio were killed for their organs.

Meanwhile, police will still call Fernandez for questioning over her controversial press statement.
Deputy Inspector-General of Police Datuk Seri Khalid Abu Bakar lambasted her and said the latter had run out of ideas to bash Malaysia.

"This is not the first time she has made this kind of statement.

"Look around, many foreign workers, who come here, enjoy and love working here.
"This is proof that we don't treat them badly."

Read more: Anifah: Fernandez irresponsible - General - New Straits Times http://www.nst.com.my/nation/general/anifah-fernandez-irresponsible-1.81964?localLinksEnabled=false#ixzz1uT3YQ6Ta

Malaysia not safe for Indonesian migrant workers

http://www.thejakartapost.com/news/2012/05/07/malaysia-not-safe-indonesian-migrant-workers.html

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Malaysia hosts approximately two million migrant workers from Indonesia who work mostly as domestic workers and laborers in the agricultural sector. A large numbers of these workers face problems because they are undocumented. Rights activist Irene Fernandez, the executive director of Tenaganita has been working to provide legal assistance to Indonesian illegal migrant workers. The Jakarta Post’s Ridwan Max Sijabat spoke with her at her office in Kuala Lumpur about their plight.

Question: What is your comment on the recent shooting deaths of three Indonesian migrant workers in Negeri Sembilan?

Answer: The Malaysian police have no authority to shoot them, even if they are criminal suspects. The police should have arrested and brought them to justice if they were caught red-handed committing crimes. Based on the report that we received, the three workers were not criminals or fugitives and they were not caught committing any crimes. The case must be investigated to prove the allegations that they were victims of human trafficking for human organs.

How should the case be investigated?

The investigation should be carried out independently with peer supporters from the two countries and the police must not take part in the investigation because they were involved in the incident. The independent investigation is needed to bring perpetrators to justice, to prove the allegations, to show migrant workers’ vulnerabilities and reveal the rampant corruption and collusion between employers and law enforcers and their impunity.

What do you think of the alleged organ trade?

The results of the forensic examination by the Indonesian police saying that certain organs have been removed from the bodies are preliminary evidence that they may be victims of human trafficking and therefore an independent investigation should be carried out. Labor and child trafficking as well as trade of babies has been rampant in the country over the past three years. In Serawak, women migrant workers who were victims of human trafficking were raped and forced to give birth and many Singaporean people have bought newborns from local syndicates at the price of US$24,000 per baby.

Do you find Malaysia is safe for Indonesian migrant workers?

Completely not.

Why?

Malaysia has no legal framework nor a particular law to protect workers. Even worse, the Malaysian government has upheld discrimination against housemaids and plantation workers, both of whom are excluded from the newly-issued regulation on minimum wages. Migrant workers have been objects of exploitation, physical abuse, violence and rape in line with the emergence of care giving industries and the privatization of health care, which are part of the neo-liberal capitalism which has damaged Malaysia’s economic system and raised inequalities among migrant workers, mostly women.

Malaysian employers who withhold their maids’ passports feel free to do what they want to their workers because they have bought them [maids] and they have their impunity because they have paid the police and bought court verdicts when workers sued against them. Too many migrant workers have become undocumented and developed troubles with authorities since their passports are withheld by their employers or sponsors. The Indonesian government should not resume sending workers to Malaysia until the government and employers change their mind-sets and make a particular law to protect them and their rights.

What do you mean by employers’ impunity?

Many employers have breached the harsh immigration law in employing undocumented workers, but they were not punished because they paid the police and immigration officers in a collusion to lay charges on workers.

In 2011, we recorded more than 1,500 cases befalling undocumented workers and 500 cases on employers’ violations of the immigration law. Most undocumented workers were deported after serving their jail sentence while most employers were cleared of charges.

What is your comment on the Malaysian government’s 6P program?

P is an acronym for Penipuan [cheating] and not for pendaftaran [registration], pemutihan [legalization], pengusiran [deportation], Pemantauan [monitoring], Penguatkuasaan [rehabilitation] and pengampunan [amnesty], because 1,000 of 1,300 workers arrested in the January-April 2012 crackdown have remained undocumented although they have paid between 2,000 and 4,000 Malaysian ringgits. Of the 1,000 workers who remained undocumented and victimized in the 6P program, 400 are Indonesians. We have already filed a legal complaint to the Royal Police against a local businessman who is allegedly involved in the fraud, cheating and trafficking cases in connection with the implementation of the biometric system in implementing the
program.

What do you think of the labor agreement Indonesia and Malaysia revised recently?

Indonesian migrant workers, especially domestic helpers and gardeners, will continue developing troubles with their employers and authorities because the revised agreement does not identify their rights, the labor permit is still held by employers not by the government, the minimum wages are not set for new workers and monthly wages are paid monthly to workers. I appreciate the Indonesian government’s policy not to resume the sending of workers until the bilateral agreement spells out workers’ rights and the recruitment system is revised to put workers and their employers in an equal position.