Author Archives: wcw
Doing the right thing to end human trafficking
MALAYSIA’S decision to formally act against forced labour and human trafficking will have a huge impact on its international standing as these issues have been a blot on the country’s image.
By ratifying the International Labour Organisation’s Protocol 29, we will commit ourselves to acting against the mistreatment of all workers, especially migrant workers.
Malaysia may be the world’s biggest exporter of rubber gloves, but some companies have been accused of violating labour standards.
The consequence is that their exports have often been withheld from release in other countries due to violations including “debt bondage, excessive overtime, abusive working and living conditions, and retention of identity documents.”
Human Resources Minister Datuk Seri M. Saravanan has made many surprise checks on dormitories of glove manufacturers to see for himself the conditions.
He has used strong language against these manufacturers, some of whom may be tycoons who speak of benevolence, but did not practise what they preached.
In 2020, during a visit to a staff dormitory in Klang where 4,000 workers were down with Covid-19, Saravanan described their living conditions as “deplorable”.
With companies violating international labour standards, Malaysia has, for years, bounced between Tiers 2 and 3 in the US State Department’s annual report on Trafficking in Persons (TIP).
This simply means that we have been unable to show convincing evidence of sustained efforts to investigate and prosecute allegations of forced labour.
Being on the watch list of the TIP report has been a stigma for Malaysia and the country has also been listed among the world’s worst offenders at Tier 3.
The TIP reportedly fingered Malaysia for violations “from sex trafficking to debt bondage” but The Diplomat said the 600-page report “primarily highlights the forced labour of migrant workers, especially in the rubber manufacturing and palm oil industries.”
According to The Diplomat, Malaysia at Tier 3 could face sanctions which would restrict its ability to receive foreign aid or loans from multilateral banks.
The ranking also placed Malaysia in a tight spot over its relations with the United States.
For instance, Malaysia was not included in three high-profile visits by top US officials to South-East Asia.
While there have been other reasons including political uncertainties, forced labour has been a thorny issue, as the Biden administration’s 2021 trade agenda places workers’ rights at the forefront of its trade policy.
It also means that US investors will skip Malaysia if we continue to turn a blind eye to forced labour and are perceived as penalising victims of human trafficking as criminals instead.
It is not just the US. The United Kingdom and European officials share the same sentiments.
Verite, a non-governmental organisation, in its 2016 report alleged that some 128,000 workers in Malaysia were held in “slave-like conditions and treated like livestock’.’
The Star’s R.AGE investigative team has also exposed how thousands of Bangladeshis were trafficked into the country using student visas only to end up working in restaurants, construction sites and plantations.
For sure, most of us do not want to hear such allegations but the mistreatment and exploitation exists due to a combination of poor legislation, corrupt enforcement officers and bad employers.
As early as 2014, US officials, including from ILO, had met then Home Minister Datuk Seri Ahmad Zahid Hamidi to warn him of the consequences of continued forced labour in Malaysia.
His efforts to get Malaysia visa-free travel to the US failed; one reason cited by Ahmad Zahid was our problem with human trafficking and forced labour.
The ratification of ILO’s protocol on Monday is the culmination of several actions by Malaysia including the minimum wage directive, and Decent Work programme with ILO which focuses on rights at work, future of work and labour migration.
Malaysia’s election to the United Nations Human Rights Council from 2022 to 2024 is also one reason why we need to practise what we preach.
To put it simply, forced labour is an infringement of human rights. Human suffering should not be tolerated or compromised, particularly in terms of labour.
But this is just the beginning. Malaysia will need to amend the Employment Act to allow for better enforcement and subsequently prosecution and conviction.
There must be stronger enforcement in the Act and the Minimum Standards of Housing and Amenities Act, especially when it comes to minimum standards in living quarters.
Without doubt, the ratification must be one of Saravanan’s personal achievements as Human Resources Minister. Well done, indeed.
It may have taken Malaysia a long time to put things right but ahead of May Day, we have done the right thing.
Saying ‘NO’ to forced labour
Move in the right direction: Saravanan (left) with Ryder after ratifying Protocol 29 in Geneva, Switzerland, on Monday.
KUALA LUMPUR: Malaysia has formally ratified the International Labour Organisation’s (ILO) forced labour convention, known as Protocol 29 (P29), signalling the country’s commitment to eliminate forced labour.
Human Resources Minister Datuk Seri M. Saravanan described it as a historic moment for Malaysia.
“We will be the fifth country in the Asia Pacific to ratify P29 and the second country in Asean, alongside Vietnam,” he said in a telephone interview from Geneva.
The ratification of P29 would mean the country will take effective measures to prevent forced labour, protect victims and ensure their access to justice.
It will be regarded as an official move by Malaysia to fight forced labour at the international level.
Under ILO’s definitions, forced labour refers to “all work of service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.”
Saravanan said the ratification would “pave the way forward in advancing social justice and promoting decent work in the country”.
He also said he had met ILO director-general Guy Ryder and the ILO regional director for Asia and the Pacific, Chihoko Asada Miyakawa to discuss labour issues especially on fundamental principles and rights at work, including forced labour.
Saravanan had often spoken against issues of forced labour, saying trafficking issues, which included forced labour, were a significant challenge for Malaysia.
The minister has also given his commitment to protect the rights and welfare of all workers in the country, including foreign workers, especially in the rubber manufacturing and oil palm industries.
Malaysia’s forced labour issues and treatment of workers, especially migrant workers, had put the country in a spot particularly in the annual Trafficking in Persons (TIP) report issued by the US State Department.
In November last year, Malaysia launched its first ever national action plan to combat forced labour.
Developed by the Human Resources Ministry with the support of the ILO, the National Plan on Forced Labour (NAPFL) 2021-2025 focuses on awareness, enforcement, labour migration as well as access to remedy and support services.
The aim is to eliminate forced labour in Malaysia by 2030.
Saravanan said in his speech then that Malaysia believed forced labour was “an infringement of human rights and upholds the principle that human sufferings should not be tolerated or compromised, particularly in terms of labour”.
He said Malaysia had strengthened its collaboration with various stakeholders including the source countries for migrant workers including Bangladesh, Indonesia and Vietnam.
“We have also fostered strategic partnerships with the United States and United Kingdom to address forced labour.”
Saravanan said the last time Malaysia ratified an ILO convention was more than five years ago, on minimum wage.
Malaysia has also become a trailblazer country with the Alliance 8.7, a global partnership to accelerate efforts to eradicate forced labour, modern slavery and child labour around the world.
The Malaysian Employers Federation (MEF) said yesterday that Malaysia’s ratification of P29 has sent a strong signal that it is determined to end forced labour practices.
It also noted that Saravanan had “boldly championed the rights of employers and employees in Malaysia”.
With the ratification, Malaysia must submit a report every three years on measures that had been taken to implement the protocol, which would be examined by ILO supervisory bodies.
Malaysia is the 58th country to ratify P29.
Creating Muda History
Pining for a panacea
New normal: Covid-19 is here to stay, so we need to learn to live with the coronavirus and hold a general election amid the health crisis. – THOMAS YONG/The Star
IT doesn’t take a genius to suss out investors’ feelings about Malaysia. It’s not the most attractive place to do business in for a variety of reasons, and if our politicians care to speak to the various commerce chambers, they will hear it straight.
Topping the list of hindrances is the protracted political instability that has plagued the country since the 2018 general election.
We’ve had three Prime Ministers since then, and while we now have some resemblance of political stability because of the truce between the government and the opposition, we’re still explicitly aware of its finite lifespan.
The Memorandum of Understanding inked by both sides ends in July, which is less than five months away. We all know that it’s a fragile relationship glued together at the behest of the palace to ensure that we can ride the storm of the pandemic. Even before the MOU’s expiration date, the political decibels have gone up a few notches with demands from Umno – a major stakeholder in the Federal Government – for a general election.
There have been reservations from Prime Minister Datuk Seri Ismail Sabri and some Cabinet members, including those from Umno, over the chorus for a GE, but it will be difficult to go against the tide of Umno members.
Yes, Malaysia hasn’t broken free of the shackles of Covid-19, but it’s now endemic. It’s here to stay, so it can’t be a convincing reason to stall an election.
Besides, we’ve already had the Sabah, Melaka, Sarawak and Johor state elections.
But let’s put political reasons aside. Investors are not taking Malaysia seriously because they see the present government as a floating one headed by a PM who needs to earn his mandate.
That mandate can only be obtained if there is a GE. It doesn’t bode well that he’s not the head of his own party.
Financial analysts have long warned that such a political impasse would cause problems in raising national borrowing limits and stymieing spending.
It has also blighted Bursa as Malaysia continues to be the worst performer in the region. While politics isn’t the only reason since there’s also an absence of tech stocks, bickering politicians aren’t helping the cause.
If there’s no clear leadership, even with Ismail replacing Tan Sri Muhyiddin Yassin, the country will still be dogged by further uncertainty, which just translates to economic stagnation.
And here’s the irony. The media reported on Aug 13, 2021, the then PM, Muhyiddin, pledging that GE15 will be held latest by July 2022 end.
Despite the positive economic narrative and projections, it’s difficult to see how Malaysia can engineer a different growth trajectory.
There will still be direct foreign investments coming in, but we’re fighting regional counterparts including Vietnam and Indonesia.
Politics isn’t just the monopoly of politicians. The sentiments of foreign investors do matter because foreigners contribute about 40% to Malaysia’s sovereign debt.
It’s no secret that foreign money has been flowing out of the country because the pandemic and political instability have delayed economic planning and stalled attempts at tax reform.
The priority for investors is for a stable leader to emerge because the economic outlook could turn cloudy. But how do we resolve this political crisis?
Political stability was Malaysia’s bestselling story to investors once. Imagine that.
No one wants to hear a bad story. The word among foreign investors is that certain ministers haven’t even met stakeholders to hear them out.
If that’s true, it’s scandalous because a few are, in fact, revenue earning ministries.
These ministers seem to be placed there because of power sharing and as reward for keeping the Federal Government intact. However, question marks remain over their interest in their portfolios, or if they’re even qualified for the job.
Such a perception, true or false, doesn’t endear Malaysia to investors.
Investors see the current Federal Government as precarious and, truth be told, not many are in the mood to extend the MOU.
But calling a GE isn’t a panacea either if the result from the poll continues to be fragmented and unconvincing.
One thing is certain, though – dragging on with an unsalvageable broken relationship is simply unrealistic.
Johor starts afresh with new man
Onn Hafiz tipped to be sworn-in as new Johor MB at 3pm Tuesday…
IT is clear that there is a strong sense of dejection among Umno leaders, especially those from Johor, after their preferred choice of Mentri Besar was not picked by Sultan Ibrahim Ibni Almarhum Sultan Iskandar.
It came as a shock that the Johor Ruler picked Datuk Onn Hafiz Ghazi (pic) over party favourite Datuk Seri Hasni Mohammad.
Hasni admittedly is a popular figure, within Umno and the ground, and an experienced politician, with a good track record.
Umno president Datuk Seri Dr Ahmad Zahid Hamidi and his deputy Datuk Seri Mohamad Hasan must have thought Hasni would be automatically accepted by the palace when they submitted a list with three names – Hasni, 62, Onn Hafiz, 43, and veteran Umno leader Datuk Mohd Puad Zarkashi, 64.
But the Umno leaders were stunned when accountant Onn Hafiz was picked by His Majesty.
They left the palace in a gloomy mood, understandably, but the reality is that the Ruler has the right and authority to decide who should be the Mentri Besar. It’s laid out in the state constitution.
Johor was the first in the country to have a state constitution, dating back to 1895.
Terengganu was second, with its constitution formulated 20 years later.
Article 7(2) of the Johor constitution states that the Ruler may act in his discretion in the appointment of an MB.
The constitution also stipulates that the Ruler shall appoint an MB who must be of the Malay race and a Muslim.
According to palace sources, as in the past, the winning party would submit a list of two or three names to the Sultan to decide. Often, the list has only two names.
During the just-concluded Johor state election, Hasni was projected as the “poster boy”, indicating that he would be the MB. When Barisan Nasional swept to victory on March 12, Hasni was immediately declared as the MB candidate.
But it didn’t go down well with the palace which felt the BN leaders had pre-empted the authority of His Majesty and did not take into consideration that the decision should be made by Sultan Ibrahim alone.
By projecting Hasni as the “poster boy”, Umno leaders had inadvertently given the impression to the palace that they had usurped Sultan Ibrahim’s powers under the state constitution.
Unwittingly, the move was regarded as an obstinate one.
The purported action by Johor Umno leaders to get 38 signed statutory declarations (SDs) in support of Hasni’s appointment turned out to be mere media reports in the end. It wouldn’t have helped and Johor Umno leaders are more mature and realistic.
The palace also had other reasons in mind for a change – the Ruler wanted someone younger but qualified.
Onn Hafiz, whose name was also on the list, fitted the bill.
His grandfather was the late Tun Hussein Onn, the country’s third Prime Minister while Umno founder Onn Jaafar was his great-grandfather. Defence Minister Datuk Seri Hishamuddin Hussein is his uncle.
Palace sources said the blood lineage was not a consideration although the media has hyped it.
While he lacks the experience, the sentiment of the palace is that the political dynamics were changing with younger politicians, whether in government and opposition, emerging into leadership.
The state has seen over 700,000 Undi18 voters as well as those aged 21 who had been registered for the first time. The number will grow higher over the next five years into millions.
“Hasni will be 67 by the time he finishes his full five-year term as MB,” an official said.
Without doubt, emotions are still high among the Umno rank-and-file in the run-up to the party general assembly, but like a true Johorean, Hasni understood the realities.
In a statement, the former MB said: “Seeing the support and position of the younger generation who are important in the development of Johor, and for the state’s lasting prosperity, I suggest the party leadership elect young people to lead Johor.”
Ever the gentleman, Hasni was also at the palace today to see Onn Hafiz being sworn in as the new MB.
Onn Hafiz now has a huge responsibility and big shoes to fill. Those who know him can vouch that he didn’t even want to be a state assemblyman, being the last name to be slotted in as a candidate.
He had preferred to contest for a parliamentary seat and be an MP. He will now have to prove himself as MB.
We Love Mandarin
Johor Elections – The Results
Time for GE15
Having a general election soon can be the way out of the country’s political and economic conundrum, says the writer. – AZHAR MAHFOF/The Star
For economic reasons and the sake of political stability, Malaysia needs to head to the polls soon.
IF there’s one thing that Malaysia needs to do soon, now that the Johor state election is over, it’s to call for the general election – once the Memorandum of Understanding between the Government and Opposition expires in July.
After the huge amount spent for these state elections, don’t forget we have to spend it again when the GE is called to elect Members of Parliament for these states.
The Johor polls, which concluded last night, cost taxpayers over RM100mil. State polls since the last general election in 2018 have cost the country an eye-watering RM420mil.
Three state elections have seen RM130mil spent in Sabah, RM45mil in Melaka and RM149mil in Sarawak. Elections have progressively become more expensive because everything is costlier these days, and the Election Commission, which handles the polls, isn’t spared this economic conundrum.
The necessary items to comply with Covid-19 SOPs constitute additional costs.
We can’t have more state polls after Johor due to political reasons. It needs to stop.
The only way out is to have GE15 after July. There’s no use trying to avoid it, and the reasons given by those who don’t want it are far from convincing.
The MOU has served its purpose in keeping the federal government intact when Covid-19 was at its peak because the collapse of a federal government with no Prime Minister would have been disastrous.
The Rulers made it clear at that point, in no uncertain terms, that Malaysia could not afford excessive politicking.
But much has changed since the historic MOU – to strengthen political stability amid the pandemic – was inked last September for a bipartisan cooperation.
The MOU covered the Covid-19 plan, administrative transformation, parliamentary reform, judiciary independence, Malaysia Agreement 1963 and the setting up of a steering committee.
But the reality today is, the federal government, comprising the Barisan Nasional and Perikatan Nasional as the core coalitions, no longer functions as a unit.
The political marriage has broken down. The feuding couple is bickering openly and bad mouthing one another, and in state polls, they are contesting against each other.
The Muafakat Nasional, formed between Umno and PAS when Pakatan Harapan came into power in 2018, is as good as over. It was devised purportedly to unite the Muslim community for electoral purposes, but it has run its course.
Umno no longer sees a need for its alliance with PAS as it continues its winning streak and is now even eyeing PAS’ state and national level seats.
PAS, with a mere 18 of the 222 parliamentary seats, certainly seems to have enjoyed tremendous clout and holds powerful posts because it can cause the downfall of the federal government.
Has PAS president Tan Sri Hadi Abdul Awang, who is the special envoy to the Middle East, helped us secure investments worth billions of ringgit like Indonesia did with US$32.7bil (RM137bil) from the United Arab Emirates?
Yes, of course. It’s easy to forget he met the Taliban in Doha and helped provide a link to the Malaysian government. Thank you, a job well done then.
But seriously, the longer we hold back on the general election, the greater the financial impact on Malaysia.
No investors would put money in Malaysia if they’re unsure of who will helm the country in the long term.
The continuous mudslinging by politicians, including those in the Federal Government, is hardly inspiring to anyone wanting to invest here.
Malaysia is sending the wrong messages to the world, as if the 1MDB scandal hasn’t already made us the butt of jokes. Let’s be brutally honest – we are viewed as a corrupt country.
Our politicians spend an inordinate amount of time making silly statements, which are reported worldwide and earn us unflattering headlines.
Why would anyone advise husbands to beat their wives “gently” to discipline them, for example?
And why even bother making a statement like Singapore would be more developed if it were led by Umno. That was totally unnecessary.
Of course, we have a wellspring of such foot-in-the-mouth remarks by our politicians.
But a strong government is necessary, and for that matter, a Prime Minister who has an ironclad mandate. To complicate matters, for the first time, we have a PM who is not the boss of his own political party.
As international borders reopen, investors would want to have a final decision, and that means visiting Malaysia – and other options – personally to see the country and talk to the stakeholders, and possibly even the ministers in power, to get assurances.
We have a window period, which unfortunately, is fast diminishing. The clock is ticking away ominously.
Malaysia remains the only country in Asean where investors are continually in the dark about its political direction. We used to have the edge of a strong political leadership and stability.
Last week, DAP organising secretary Anthony Loke and Pejuang president Mukhriz Mahathir both expressed reservations about a general election being held soon.
Mukhriz said the current Parliament should run its full term until May 2023, while Loke wants the MOU to be extended, citing the Covid-19 pandemic and proposed an MOU 2.0, but only after the anti-hopping law is passed.
However, Covid-19 has been declared endemic and, whether we like it or not, the virus won’t go away.
We must live with it and even if the MPs serve the full term, infections will still be present.
The impression given is that the Opposition is reluctant to face a general election because its performance in the past state elections have been dismal.
The big question isn’t whether the GE would be held after July or in 2023, but whether we will end up with another weak government and multiple partners with a lame duck PM.
A Malaysian in Ukraine
