43 illegal immigrants detained at construction site

GEORGE TOWN: Forty-three illegal immigrants, including two pregnant women and a four-year-old Myanmar boy, were detained in a raid at a construction site in Batu Ferringhi.

They were picked up at 10am yesterday in an operation, codenamed Ops Serantau, by 50 police, Rela and Immigration Department personnel.

State Traffic and Public Order chief Supt Wan Aziz Wan Hussain said 32 of the foreigners were men — 15 Myanmar nationals, nine Bangladeshis and eight Indonesians — while 10 were women of whom one was a runaway maid.

Supt Wan Aziz said three of the foreigners had overstayed, one had forged documents while the rest did not have any identification documents or work permits.

Big swoop: Police, Rela and immigration officers

rounding up the iilegal immigrants at the construction

site in Batu Ferringhi Friday.

Meanwhile, enforcement authorities have begun efforts to rid Batu Ferringhi of unlicensed traders, illegal operators of water sports, and pirated DVD and counterfeit goods stalls.

More than 100 officers from the police force and relevant agencies combed the tourist belt in an operation codenamed Ops Sepadu from 3pm yesterday but found the area almost free of illegal activities.

“The beach boys, touts and illegal operators knew we were coming, so most of the shops remained closed.

“This is good. We will continue to monitor the beach. Our joint operations will not be a one-off thing,” said George Town OCPD Asst Comm Gan Kong Meng.

Read more:http://www.thestar.com.my/news/story.asp?file=/2010/7/31/nation/6773733&sec=nation

Difference between human trafficking and smuggling people

KUALA LUMPUR: Malaysia is committing a “cardinal sin” by lumping together trafficking of people with smuggling of people in its amendments to the Trafficking In Persons Act.
 

Human Rights Watch’s Asia division deputy director Philip Robertson said the inclusion of smuggling of people would likely result in confusion and chaos among frontliners, especially enforcement, resulting in trafficking victims being detained as illegal immigrants.

Speaking at the session “Investigations: What are the Key Elements in a Trafficking-In Persons Case?” at the 15th Malaysian Law Conference yesterday, he said trafficking of people was a human rights abuse, whereas smuggling was a violation of immigration laws.

Susan French, a trial attorney with the United States’ Department of Justice’s human trafficking prosecution unit, emphasised that victims and their welfare should be of utmost priority.

Nazir speaking on ‘Growing Beyond Borders’ on the

second day of the 15th Malaysian Law Conference at

the Kuala Lumpur Convention Centre Friday

Sound advice: Nazir speaking on ‘Growing Beyond Borders’ on the second day of the 15th Malaysian Law Conference at the Kuala Lumpur Convention Centre Friday.

 

“Victims should not be treated as criminals or detained. We want to get them out of the shadow and not fear immigration officials,” she said.

Earlier at the session “Growing Beyond Borders”, CIMB Group chief executive officer Datuk Seri Nazir Razak said one must choose a market carefully, integrate and adapt well, explore the timing and risk period; uphold integrity and be wary of corruption; and focus on value creation for clients/customers.

He said Malaysia’s challenge to improving the economy was in ensuring transformation programmes were executed quickly or investors would shy away.

Speaking at a “Freedom of Information and Investment” session, Selangor Mentri Besar Tan Sri Khalid Ibrahim said its Freedom of Information Bill which had been tabled for second reading, would make leaders accountable and enable the public to know their rights.

Read more at: http://thestar.com.my/news/story.asp?file=/2010/7/31/nation/6772896&sec=nation

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

Several Chin Refugees Traumatized

25th July, 2010

Kuala Lumpur

 

Kuala Lumpur: Couple of days ago, several Chin refugees, those are the victims of the May 23^rd accident in Thailand which resulted 13 deaths, the second greatest shock-wave news among Chin communities, reportedly happened to meet volunteer counselors critically based on their current physical ailment, traumatic related-cases and other psychological concerns.
It was, according to the reports observed in the counselors' accesses, appeared that most of the accident victims are relatively traumatized because of the deadly experiences and locked-up in Thanai (the nearby police station of the incident) and jailing in immigration camp in Bangkok by the immigration and police. Of all cases, noting by name, Ni Cang Sung, holder of CRC card was worst affected that her beloved son was one of 13 deaths.

Interviewed with the volunteer who helps interpret for the victims in sessions of counseling, all are in deep tears and hardly could reply the counselors asking and counseling. Some are of short-term traumatized and losses of memory while some are of long-term patterns medically and psychologically, continued the volunteer.

Bawi Ram, aged 12 was firstly appeared to meeting the counselor among all the victims on July 5 and then followed by his mother and younger sister of 8 year old on July 12, 2010 on the requirement of the counselors for furthering access.

The confirmed source cited that they are referred to UNHCR by the counselor because of the fact that their traumatic affairs. And, UNHCR immediately took action on those victims that they registered them under their father file in the Office of UNHCR on July 7.

The community has great hopes for the rest of those of serious victims towards their registration with the office of UNHCR as some conditions as among them are in much need of financial aide and regular medical treatment.

The VOCR team listing, as a record piled for farther needs, the victims attended in the counseling sessions as the following; Bawi Ram (stated above) on 5 July, his mother and younger sister on 12 July, Van Nawl Cung (of several injuries in the back, the head and stitches on the head and hands and loss memory), Ni Cang Sung (her son died, being psychosis and long-term trauma), Iang Hlei (short-term traumatic, the one whom many interviews had gone through with immigration), Diana (long-term traumatized and surgery on her back neck), Biak Len (long-term traumatized and loss memory).

by Simon

Chin Refugees Cheated, Rights Violated

9th July, 2010

Kuala Lumpur

Cases of Chin refugee workers not getting their salary at several project sites, restaurants and other part of works have been enormously perturbing and hardening the work of the Chin communities, Malaysia. 

 

A series report by Chin refugee members also reveal that many contractors taking advantages on the workers, who hold the UNHCR card, are mostly being recruited at construction sites. But most of construction workers are cheated and left unpaid until present.

In reality, the refugees are not allowed to work in the country, dozens of sub-contractors and entrepreneurs are in good taste to hire unemployed refugees to be recruited in their business grounds. By doing so, they can save thousands of bucks. But, the month-long-awaited salary are cheated and turned into what is most aggressive and agitating for the helpless people—fearing in awe even to loge a report to the police due to the fallshort of legal documentary evidence. 

Unquestionable though it was, the refugees are convincingly aware that they cannot work in high-level paid section because of their documentations and fearing of the raid continuously carried out by the authority. Nonetheless, they have no other options but working illegally under low-paid as they do not receive any support for paying their medical bills, provisions, utility bills and other requirements (it speaks any basic needs and means).

Based on facts from observations and complaints of the workers, the Chin refugee committee assuredly said that 50 people those work in factory and construction site had made complaining reports on not receiving their worthwhile salary from the last three months and it is said to be up to RM 26,905 in cash. 

The refugee office also described that those lives of refugee families as to facing wage-cheating by employers are badly affected in the basic struggle for living. In addition, it is so certain that it can mainstream by and large unsolvable huge problems among refugee families that can be assumed as domestic violence due to cash-strapped. 

Furthermore, the employers abusively exploited refugees, according to the reports, based on the documentation problem found out. There seems to be at least work instability in case unwelcome refugees are equally denying going to work as reportedly around hundred and thousand refugees are working under low-paid standard, source UNHCR.

"That's where the problem lies. Main contractors may pay the subs, but who is there to ensure that they paid the workers on time or pay at all? That is the clear question to be questioned.

To be more precise, the sole contractors are able to scrutinize this provoking matter and they should stop doubly paying crooked sub-contractors or should take legal actions against them. Because it is an embarrassing and tarnishing the company image as well as the nation’s and surely it is ugly violating labor laws. 

by Salai CC & Simon

Myanmar kidnap gang turns on compatriot

KUALA LUMPUR: A Myanmar woman was kidnapped by a gardener and his accomplices before being released upon receiving the RM28,000 ransom. 

However the woman, in her 20’s, who holds a United Nations High Commissioner for Refugees (UNHCR) card, is believed to have been raped by her captor before her release.

City CID chief Senior Asst Comm Datuk Ku Chin Wah said the woman, who works as a waitress, was abducted near Kepong on her way to work on June 8.

The kidnappers had initially demanded RM100,000 from the victim’s friend for her release, but agreed to RM28,000 after negotiations.

“After the ransom was paid on June 9, we rounded up five suspects aged between 20 and 30 years, including four Myanmar UNHCR card holders - three men and a woman,” said SAC Ku.

Police recovered the cash, and following investigations decided to charge the mastermind after the others agreed to testify against him.

At the magistrates court here yesterday, Myanmar national Aye Min Win, 30, who works as a gardener, was charged with receiving the ransom money from the victim’s friend at the Mandalay Restaurant at about 9.30pm on June 9.

Aye claimed trial to the offence under Section 5 of the Kidnapping Act 1961, which carries a sentence of not more than 10 years jail and/or whipping.

Magistrate Siti Shakirah Mohtarudin granted him bail of RM10,000 with two Malaysian sureties, and ordered him to surrender his passport and report to the Pudu police station every month until the case is disposed of.

His employers paid the bail and the judge fixed July 23 for the next mention.

http://thestar.com.my/news/story.asp?file=/2010/7/1/nation/6582468&sec=nation