Monday, December 31, 2018

Migrant worker wage cuts to prevent runaways is forced labour(Malaysiakini)

Full statement of 49 Groups, see 49 Groups - Wrong to retain wages,etc to deter worker’s right to leave employer, and reduce overtime limit...

Migrant worker wage cuts to prevent runaways is forced labour

Charles Hector  |  Published:  |  Modified:
   
COMMENT | We are perturbed by the Human Resources Ministry's proposal for employers to deduct 20 percent of their foreign workers' basic salaries as a means to bond workers to their employers.

Minister M Kulasegaran said the proposal, among others, aimed at preventing foreign workers from fleeing, and to avoid employers from incurring losses on investments to bring the workers in. 

Prioritising the needs of corporations over worker rights and human rights is wrong.

Forced and/or bonded labour must be abolished. Mechanisms like keeping of part of workers' wages to prevent them from leaving their employers is wrong, and could be considered forced labour.

According to the International Labour Organization, forced labour refers to situations in which persons are coerced to work through the use of violence or intimidation, or by more subtle means such as accumulated debt, retention of identity papers or threats of denunciation to immigration authorities.

According to the ILO Forced Labour Convention – which Malaysia has ratified – forced or compulsory labour is "all work or service which is exacted from any person under the threat of a penalty and for which the person has not offered himself or herself voluntarily."

Of particular interest here, is voluntariness. The terms “offered voluntarily” refer to the free and informed consent of a worker to take a job and his or her freedom to leave at any time. This is not the case, for example, when an employer or recruiter makes false promises so that a worker takes a job he or she would not otherwise have accepted.

In Malaysia, migrant workers are allowed to work if they are in possession of a work pass, being either the Social Visit (Temporary Employment) Pass or the Employment Pass. The problem now is that the pass allows the worker to work for just one named employer. 

This means that even if there is a breach of promise or agreement by the employer – concerning wages, working conditions and/or type of work, or if there is harassment or violation of worker rights – the migrant worker, unlike local workers, have no freedom or choice to leave the employer and seek employment with another.

If the migrant worker leaves the named employer, he or she will also lose the ability to continue to live and work in Malaysia. 

The Immigration Department, on being informed by the employer, usually cancels the work pass without according the affected worker the right to be heard.

Restricting movement

The most common way that many employers have ensured continued loyalty is by the wrongful retention of migrant workers' passports and visas.

The inability to produce these identification papers is an offence, which can lead to arrest, detention and even prosecution. The fear of moving around with proper identification papers also restricts one’s freedom of movement.
In 2012, the Employment Act 1955 was amended, and now allows the employer the ability to retain part of the wages, possibly as a means of preventing workers leaving their jobs.

Section 19(2) now reads, "Wages for work done on a rest day, gazetted public holiday referred to in paragraphs 60D(1)(a) and (b) and overtime referred to in section 60A shall be paid not later than the last day of the next wage period." This allows the employer to retain wages payable for overtime work and work done on a rest day, gazetted public holiday for another month.

Workers can leave their employment, but the usual requirement is that they give one month’s notice, and if they want to leave immediately, then they will need to pay one month’s wages in lieu of notice. 

The reality of most low- or middle-income workers is that the simply will not be able to raise the money to pay the one month's wages in lieu of notice, more so when their new, better or higher paying job requires them to immediately report for work.

As such, many workers will just leave, and their employers have the choice to pursue them for that payment in lieu of notice, although many employers elect not to do this in cases of low- or middle-income workers. 

After all, since wages are paid after work is done, there is really no loss save the inconvenience.

But, with the new amendment made by the previous government, the worker is not paid for overtime and work done on rest days and/or public holidays at the end of the month, as was the case before. They have to wait for the following month.

It is even more unjust because they receive no any added interest for this part wages that have been delayed. Money paid today, used wisely, can easily generate additional income even after a day or two.

So, not only are workers in Malaysia suffering injustice in the delayed payment of part of their wages – vital in an era where the cost of living is so high and most workers have month loan repayment obligations – but the delay also prevents workers from additional income, which could even be obtained through placement in an interest paying savings account or unit trust.

The object of this amendment seems to be to assist employers, and possibly also another mechanism to deter workers from leaving their employer.

Excessive overtime

Putrajaya, especially the Human Resources Ministry, needs to prioritise the protection and promotion of worker rights, which is a human right. 

In Malaysia, the right to work only eight hours a day (or 48 hours per week) and thus having eight hours for rest and another eight for leisure and social life is also not sufficiently protected. There are simply too many ways under the law whereby an employer can compel a worker into working longer hours.

Worse still is the fact that Malaysia at present has a draconian overtime limit, as contained in Employment (Limitation Of Overtime Work) Regulations 1980. It stipulates that the limit of overtime work shall be a total of 104 hours in any one month. 

Note that working on rest days and/or public holidays are not considered overtime. Hence, in Malaysia a worker can end up working 12 hours every working day.

Theoretically, worker's consent is required if a worker is to work overtime, on rest days and/or on public holidays, but the reality is that most workers just do not have the choice to refuse the employer's request. 

The risk of being discriminated against when it comes to wage increases, promotions or even termination is feared by most workers. Short-term contract workers, who hope for a future extension of their contract, or even a new contract of employment, are even more fearful of refusing to do what an employer wants.

The previous government's solution to low wages was simply suggesting that workers work more overtime or just take on a second job. That suggestion itself is an affront to a worker's right to work an eight hour day. 

Some employers now even have the audacity to suggest that it is the workers who want to work overtime and on rest days/public holidays, so they are being compassionate in acceding to worker’s request.

When a human right is acknowledged by the state, which usually also affirms it in law, the employer and/or the employee no longer has the right to break the law or violate that right. After slavery was abolished, slavery cannot continue even if the slave wants it.

Hours of Work is the first International Labour Organisation Convention, but alas, this has not been ratified by Malaysia. That 1919 convention stated that workers will have to work no more than eight hours per day or not more than 48 hours a week.

The limit may "be exceeded in those processes which are required by reason of the nature of the process to be carried on continuously by a succession of shifts, subject to the condition that the working hours shall not exceed fifty-six in the week on the average." 

Even in exceptional cases, where there is an agreement between worker and employer for the limit placed on hours of work to be exceeded, it is clearly stated that "The average number of hours worked per week, over the number of weeks covered by any such agreement, shall not exceed forty-eight."

Since then, international standards are moving towards even shorter hours of work. As an example, there is the Forty-Hour Week Convention.

Malaysia’s limit of overtime work being 104 hours in any one month is draconian. As pointed out, the ILO maximum is not more than 18 hours a week, but on average, a worker should not be made to work more than 48 hours per week. Overtime is only permitted in exceptional situations, and such situations are also stipulated in Malaysian law.

As a comparison, Indonesia has an overtime limit of 14 hours a week. China has a monthly limit of 36 hours. In France, they can work 10-12 hours a day, but workers should not be made to work more than 48 hours a week.

Investigate alleged violations

Earlier this month, The Guardian highlighted violations of worker rights including excessive overtime in a Malaysian company.

The report stated, amongst others, that "…The Top Glove workers – eight from Nepal and eight from Bangladesh – alleged that their factory was 'mental torture' where they had to work seven days a week, at least 12 hours a day, with only one day off a month... Payslips seen by The Guardian seemed to indicate workers often worked between 120 and 160 hours’ overtime a month, exceeding the 104 hours allowed by Malaysian law."

Kulasegaran was reported the following day stating that the "allegations of worker mistreatment at the company are mostly false." He even suggested that the allegations "could be the work of industry rivals out to beat the country’s rubber gloves manufacturer."

It was also disappointing to see that a press conference was held together with the representatives of the company concerned.

It must be stressed that when workers and/or human rights defenders highlight alleged human and worker rights violations, the state must speedily conduct an independent investigation, and certainly not come in defence of the alleged perpetrator, or make allegations against worker complainants and human rights defenders, which includes the media.

With regard to overtime, it not simply the question of exceeding the overtime limits, but also whether there are exceptional situations which allowed workers to be asked to do overtime. 

If it happens week after week, month after month, then it may no longer be legally permitted overtime. 

Section 60A(2) of the Employment Act states that "the director-general shall have the power to inquire into and decide whether or not the employer is justified in calling upon the employee to work" overtime and on rest days.

To ensure the livelihood of the worker and their families, workers should earn sufficient income working no more than 8 hours per day or 48 hours a week. This is an obligation of the state. 

Employers too should never prioritise profits over the wellbeing of workers and their families.

Therefore, we call on the government to:
  • Abandon the idea of retaining part of the wages of workers "as a means to bond workers to the employer";
  • Repeal the provision in law that delays the payment of overtime, work on rest day and public holidays by a month. Workers should be paid promptly at the end of the month for overtime and work on rest days/public holidays;
  • Take action against employers that retain passports and/or visas/work passes of their workers, something used, amongst others, to prevent workers the freedom to leave employers,
  • Reduce the overtime limit of 104 hours in compliance with international standards, which should not be more than 48 hours a week generally;
  • Investigate independently allegations of human rights violations, and not make allegations or take retaliatory actions against human rights defenders, including media, that highlights such allegations;
  • Take prompt action against employers that violate worker rights, irrespective whether the violation is ongoing or happened in the past. Penalties in law for violation of worker rights need to be increased to deter the violation of worker rights;
  • Ratify Hours of Work (Industry) Convention, and preferably also the Forty-Hour Week Convention;
  • Ratify the Abolition of Forced Labour Convention. Malaysia, who ratified the convention in 1958 denounced it in 1990;
  • Ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families;
  • Ratify all fundamental ILO and UN conventions;
  • Promote and protect human rights defenders, and enact legislation to prevent retaliatory actions against human rights defenders that highlight alleged human rights violations; and
  • Respect and promote worker and trade union rights in Malaysia.

CHARLES HECTOR has written the above on behalf of 49 organisations, trade unions and groups listed below.
  • Aliran
  • Asociación de Trabajadoras del Hogar a Domicilio y de Maquila–Atrahdom, Guatemala
  • Association of Maybank Executives
  • Bangladesh Group, The Netherlands
  • Banglar Manabadhikar Suraksha Mancha (MASUM), India
  • Burmese Worker"s Circle, Fort Wayne Indiana, US
  • Center for Alliance of Labor and Human Rights (CENTRAL), Cambodia
  • Centre for Independent Journalism
  • Center for Migrant Advocacy, Philippines
  • Christian Development Alternative (CDA), Bangladesh
  • Clean Clothes Campaign
  • Electrical Industry Workers' Union (EIWU)
  • Electronics Industry Employees Union Southern Region Peninsular Malaysia (EIEUSR)
  • Globalization Monitor, Hong Kong
  • Global Women’s Strike, UK
  • Global Women’s Strike, US
  • Institute for Development of Alternative Living (Ideal)
  • International Labor Rights Forum, US
  • Kesatuan Eksekutif Airod
  • Kesatuan Pekerja-Pekerja Perusahaan Otomobil Nasional Sdn Bhd (KPP Proton)
  • Legal Action for Women, UK
  • MADPET(Malaysians Against Death Penalty and Torture)
  • Malaysian Physicians for Social Responsibility (MPSR)
  • MAP (Migrant Assistance Program) Foundation, Thailand
  • National Garments Workers Federation, Bangladesh
  • National Union of Flight Attendants Malaysia
  • National Union of Journalist (NUJ) Utusan
  • National Union of Transport Equipment & Allied Industries Workers (NUTEAIW)
  • North South Initiative (NSI)
  • ODHIKAR, Bangladesh
  • Parti Sosialis Malaysia (PSM)
  • Payday Men’s Network, United Kingdom
  • Persatuan Komuniti Prihatin Selangor, KL and Perak (Prihatin)
  • Persatuan Sahabat Wanita, Sgor (PSWS)
  • PetPositive
  • Philippine Knowledge and Activity Centre in the Netherlands
  • Plantation Resource Centre (PRC)
  • Programme Against Custodial Torture & Impunity (Pacti), India
  • Radanar Ayar Association
  • Sarawak Dayak Iban Association
  • Sahabat Rakyat 人民之友
  • Suaram
  • Tenaga Nasional Junior Officers Union (TNBJOU)
  • The Trade Union Solidarity Centre of Finland SASK
  • York Psychotherapy Centre, UK
  • Women of Colour in the Global Women's Strike, UK
  • Women on Color/GWS, US
  • Workers Assistance Center, Inc (WAC), Philippines
  • Workers Hub For Change (WH4C) - Malaysiakini, 31/12/2018

Sunday, December 30, 2018

49 Groups - Wrong to retain wages,etc to deter worker’s right to leave employer, and reduce overtime limit...



Media Statement – 30/12/2018

Wrong to retain/delay worker wages or use other mechanisms to deter worker’s right to leave employer and other freedoms


Respect right to "Eight hours' labour, Eight hours' recreation, Eight hours' rest"


We, the 49 undersigned organisations, trade unions and groups are perturbed by the Malaysian government, being  the Ministry of Human Resources,  proposal for the employers to deduct 20 percent of their foreign workers’ basic salaries as a means to bond workers to the employer. ‘Minister M. Kula Segaran  said the proposal, among others, aimed at preventing foreign workers from fleeing and to avoid employers from incurring losses on investments to bring the workers in.’(The Sun Daily, 15/12/2018). Prioritizing corporation’s need over worker rights and human rights is wrong.


Forced and/or Bonded Labour


Forced and/or bonded labour must be abolished. Mechanisms like the keeping of part of the worker’s wage to prevent an employee from leaving his employer is wrong, and could be considered forced labour.


According to the International Labour Organization(ILO), forced labour refers to situations in which persons are coerced to work through the use of violence or intimidation, or by more subtle means such as accumulated debt, retention of identity papers or threats of denunciation to immigration authorities.


According to the ILO Forced Labour Convention, 1930 (No. 29), which has been ratified by Malaysia, forced or compulsory labour is    "all work or service which is exacted from any person under the threat of a penalty and for which the person has not offered himself or herself voluntarily."


Of particular interest here, is voluntariness. The terms “offered voluntarily” refer to the free and informed consent of a worker to take a job and his or her freedom to leave at any time. This is not the case for example when an employer or recruiter makes false promises so that a worker take a job he or she would not otherwise have accepted.


In Malaysia, migrant workers are allowed to work if they are in possession of a work pass, being either the Social Visit(Temporary Employment) Pass or the Employment Pass. The problem now is that the pass allows the worker to work for just one named employer. This means that even if there is a breach of promise/agreement by the employer like the amount of wages, working conditions and/or type of work, or if there is harassment or violation of worker rights, the migrant worker, unlike local workers, have no freedom or choice to leave the employer and seek employment with another more just employer.


If the migrant worker leaves the named employer, he/she will also lose the ability to continue to live and work in Malaysia. Malaysian Immigration Department, on being informed by the employer usually cancels the work pass/permit without according the affected worker the right to be heard.


Retention of Worker’s Passport by Employers Violates the Law and Human Rights


The most common way that many an employer have ensured continued loyalty is by the wrongful retention of the migrant worker’s passport and visa/pass, where in Malaysia, the inability to produce these identification papers is an offence, which can lead to arrest, detention and even prosecution. The fear of moving around with proper identification papers also restricts one’s freedom of movement.



Withholding payment of overtime, etc until the next wage period


In 2012, Malaysia amended the Employment Act 1955, which now allows the employer the ability to retain part of the wages, being possibility a means of preventing workers leaving their jobs. Section 19(2) of the Employment Act 1955 now reads, ‘(2) Wages for work done on a rest day, gazetted public holiday referred to in paragraphs 60D(1)(a) and (b) and overtime referred to in section 60A shall be paid not later than the last day of the next wage period.’ This allows the employer to retain wages payable for overtime work and work done on a rest day, gazetted public holiday for another month.


Workers can leave their employment, but the usual requirement is that they give usually one month’s notice, and if they want to leave immediately, then they will need to pay one month’s wages in lieu of notice. The reality of most poor or middle income worker, is that the simply will not be able to raise the money to pay the one month’s wages in lieu of notice more so when their new, better or higher paying job requires them to immediately report for work. As such many a worker will just leave, and their employer has the choice to pursue them for that payment in lieu of notice, which many an employer elects not to do in cases of low or middle-income workers. After all, since wages are paid after work is done, there is really no loss safe the inconvenience, since no work has yet to been done that requires payment.


But, with the new amendment brought after the previous Barisan Nasional government, the worker is not paid for overtime and work done on rest days and/or public holidays at the end of the month, as was the case before the amendment. They have to wait for the following month.


It is even more unjust because they receive no any added interest for this part wages that have been delayed. Money paid today, used wisely, can easily generate additional income even after a day or two.


So, not only are workers in Malaysia suffering injustice in the delayed payment of part of their wages, which is most important in an era where the cost of living is so high and most workers have month loan repayment obligations, but the delay also prevents workers from additional income which could even be obtained through placement in an interest paying savings account or unit trust.


The object of this amendment seems to be to assist employers, and possibly also another mechanism to deter workers from leaving their employer.



Working Hours and Excessive Overtime


Malaysian government, especially the Human Resource Ministry, need to prioritize the protection and promotion of worker rights which is a human right. In Malaysia, the right to work only 8 hours a day (or 48 hours per week) and thus having 8 hours for rest and another 8 for leisure and social life, is also not sufficiently protected. There are simply too many ways in Malaysian law whereby an employer can compel a worker into working longer hours.


Worse still, is the fact that Malaysia at present has a draconian overtime limit, as contained in Employment (Limitation Of Overtime Work) Regulations 1980, which stipulates that the limit of overtime work shall be a total of one hundred and four (104) hours in any one month. Note that working on rest days and/or public holidays are not considered overtime. Hence, in Malaysia a worker can end up working 12 hours every working day.


Theoretically, worker’s consent is required if a worker is to work overtime, on rest days and/or on public holidays but the reality is that most workers just do not have the choice to refuse the employer’s request. The risk of being discriminated when it comes to wage increase, promotions or even termination is feared by most workers. Short-term contract workers, who hope for a future extension of their contract, or even a new contract of employment, are even more fearful of refusing to do what an employer wants.


The past government’s solution to low wages was simply suggesting that workers work more overtime or just take on a 2nd job. That suggestion itself was a suggestion to disrespect a worker’s right to have to just work an 8 hour day. Some employers, even now have the audacity, to suggest that it is the workers who want to work overtime and on rest days/public holidays, so they are being compassionate in acceding to worker’s request.


When a human right is acknowledged by the State, which usually also affirms it in law, the employer and/or the employee no longer has the right to break the law or violate that right. After slavery was abolished, slavery cannot continue even if the slave wants it.


Hours of Work is the first International Labour Organisation Convention, but alas Malaysia has not ratified it. That 1921 Convention stated that workers will have to work not more than 8 hours per day OR not more than 48 hours a week.


The limit may ‘be exceeded in those processes which are required by reason of the nature of the process to be carried on continuously by a succession of shifts, subject to the condition that the working hours shall not exceed fifty-six in the week on the average.’ (Article 4, ILO Convention 1). Even in exceptional cases, where there is agreement between worker and employer, where limit placed on hours of work could be exceeded, it is clearly stated that ‘The average number of hours worked per week, over the number of weeks covered by any such agreement, shall not exceed forty-eight.’ (Article 5, ILO Convention 1)


Since then, International Standards are moving towards even shorter number of hours of work. As an example, there is the 1957 C047 - Forty-Hour Week Convention, 1935 (No. 47).


Malaysia’s limit of overtime work being 104 hours in any one month is draconian. As pointed out, the ILO maximum is not than 18 hours a week, but in average a worker should not be made to work more than 48 hours per week. Overtime is only permitted in exceptional situations, and such situations are also stipulated in Malaysian law.


As a comparison, Indonesia has an overtime limit of 14 hours a week. China has a monthly limit of 36 hours. In France, they can work 10-12 hours a day, but workers should not be made to work more than 48 hours a week.


No retaliation against HR Defenders – Investigate alleged violations highlighted


On 9/12/2018, the Guardian, the UK Daily, highlighted violation of worker rights including excessive overtime in a Malaysian company. (Guardian, 9/12/2018). The report stated, amongst others,  that ‘…The Top Glove workers – eight from Nepal and eight from Bangladesh – alleged that their factory was “mental torture” where they had to work seven days a week, at least 12 hours a day, with only one day off a month...Payslips seen by the Guardian seemed to indicate workers often worked between 120 and 160 hours’ overtime a month, exceeding the 104 hours allowed by Malaysian law.’


The Human Resources Minister M. Kula Segaran, was reported the following day stating that the ‘allegations of worker mistreatment at the company are mostly false.’(Malaysian Insight, 10/12/2018). He even suggested that the allegations ‘…could be the work of industry rivals out to beat the country’s rubber gloves manufacturer…’.


It was also disappointing to see that one media conference was held together with the representatives of the company concerned.


It must be stressed that when workers and/or human rights defenders highlight alleged human and worker rights violations, the State must speedily conduct an independent investigation, and certainly not come in defence of the alleged perpetrator, or make allegations against worker complainants and human rights defenders, which includes the media.


With regard to overtime, it not simply the question of exceeding the overtime limits, but also whether it was for the exceptional situations which allowed workers to be asked to do overtime. If it happens week after week, every month, then it may no longer be legally permitted overtime. The Employment Act in section 60A(2) states that ‘the Director General shall have the power to enquire into and decide whether or not the employer is justified in calling upon the employee to work’ overtime and on rest days.


To ensure the livelihood of the worker and their families, workers should earn sufficient income working no more than 8 hours per day or 48 hours a week. This is an obligation of the State. Employers too should never prioritize profits over wellbeing of workers and their families.


THEREFORE, we


Call on the Malaysian government to abandon the idea of retaining part of the wages of workers ‘…as a means to bond workers to the employer..’;


Call on the Malaysian government to repeal the provision in law that delays the payment for overtime, work on rest day and public holidays by a month. Workers should be paid promptly at the end of the month for overtime and work on rest days/public holidays;


Call on the Malaysian government to take action against employers that retain passports and/or visas/work passes of their workers, something used, amongst others, to prevent workers the freedom to leave employers,


Call on Malaysia to reduce the overtime limit of 104 hours in compliance with international standards, which should not be more than 48 hours a week generally;


Call on Malaysia to investigate independently allegations of human rights violations, and not make allegations or take retaliatory actions against human rights defenders, including media, that highlights such allegations;


Call on Malaysia to take prompt action against employers that violate worker rights, irrespective whether the violation is ongoing or happened in the past. Penalties in law for violation of worker rights need to be increased to deter the violation of worker rights.


Call on Malaysia to ratify/sign Hours of Work (Industry) Convention, 1919 (No.1), and preferably also C047 - Forty-Hour Week Convention, 1935 (No. 47).


Call on Malaysia, who has ratified Forced Labour Convention, 1930 (No. 29) to also ratify C105 - Abolition of Forced Labour Convention, 1957 (No. 105). Malaysia, who ratified C105 in 1958 denounced it in 1990;


Call on Malaysia to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families;


Call on Malaysia to ratify all fundamental ILO and UN Conventions;


Call on Malaysia promote and protect human rights defenders, and enact legislations to prevent retaliatory actions against human rights defenders that highlight alleged human rights violations; and


Call on Malaysia and employers to respect and promote worker and trade union rights in Malaysia.



Charles Hector
Mohd Roszeli bin Majid
For and on behalf of the 49 organisations listed below:

ALIRAN
Asociación de Trabajadoras del Hogar a Domicilio y de Maquila–ATRAHDOM,Guatemala C.A.
Association of Maybank Executives
Bangladesh Group, The Netherlands
Banglar Manabadhikar Suraksha Mancha (MASUM), India
Burmese Worker"s Circle, Fort Wayne Indiana, U.S.A
Center for Alliance of Labor and Human Rights (CENTRAL), Cambodia
Centre for Independent Journalism
Center for Migrant Advocacy, Philippines
Christian Development Alternative( CDA), Bangladesh
Clean Clothes Campaign
Electrical Industry Workers' Union(EIWU)
Electronics Industry Employees Union Southern Region Peninsular Malaysia(EIEUSR)
Globalization Monitor, Hong Kong
Global Women’s Strike, United Kingdom
Global Women’s Strike, US
Institute for Development of Alternative Living (IDEAL), Sarawak
International Labor Rights Forum, USA
Kesatuan Eksekutif AIROD
Kesatuan Pekerja-Pekerja Perusahaan Otomobil Nasional Sdn Bhd (KPP Proton)
Legal Action for Women, United Kingdom
MADPET(Malaysians Against Death Penalty and Torture)
Malaysian Physicians for Social Responsibility (MPSR)
MAP (Migrant Assistance Program) Foundation, Thailand
National Garments Workers Federation, Bangladesh
National Union of Flight Attendants Malaysia (NUFAM), Malaysia
National Union of Journalist(NUJ) Utusan
National Union of Transport Equipment & Allied Industries Workers (NUTEAIW)
North South Initiative(NSI)
ODHIKAR, Bangladesh
Parti Sosialis Malaysia(PSM)
Payday Men’s Network, United Kingdom
Persatuan Komuniti Prihatin Selangor, KL & Perak (PRIHATIN)
Persatuan Sahabat Wanita, Sgor (PSWS)
PETPOSITIVE
Philippine Knowledge and Activity Centre in the Netherlands
Plantation Resource Centre (PRC)
Programme Against Custodial Torture & Impunity (PACTI), India
Radanar Ayar Association


Sarawak Dayak Iban Association
Sahabat Rakyat 人民之友
SUARAM Malaysia
Tenaga Nasional Junior Officers Union (TNBJOU)
The Trade Union Solidarity Centre of Finland SASK
York Psychotherapy Centre, UK 
Women of Colour in the Global Women's Strike, United Kingdom
Women on Color/GWS,US
Workers Assistance Center, Inc (WAC) , Philippines
WH4C(Workers Hub For Change)


Saturday, December 29, 2018

Azmin unhappy about people Anwar appointed? Amend PKR constitution to make it more democratic.

Azmin unhappy with who Anwar(the President) appointed into PKR Central Leadership Council? Well, the problem really is with undemocratic provisions in the PKR Constitution - it could have been amended, but sadly no member tabled an amendment in the past.

President in PKR has just too much power - he can personally choose and appoint 3 Vice-Presidents, Secretary General, additional members into the PKR Central Leadership Council..

Anwar, PKR - Danger of becoming Autocratic and not Democratic? President just too much power?

 looking at the PKR Constitution, the President has TOO MUCH POWER…He can pick and appoint the 14 State Chiefs (All of whom will be in the Central Leadership Council (Majlis Pimpinan Pusat)), and the President can appoint a further 7 persons into the Central Leadership Committee. In brief, Anwar will be able to choose and insert 21 members of the Central Leadership Council. 

PKR Constitution gives the power to the President to appoint from amongst the 20 elected Central Leadership Council members:-

3 additional Vice Presidents

Secretary General(Setiausaha Agung)

Communication Chief(Ketua Penerangan)

Treasurer General(Bendahari Agung)

Chief Executive Secretary(Ketua Setiausaha Pengelola)

The President also chooses and appoints State Chiefs..

Normally, all this power will be with the Elected members of the Leadership Council - not just the President. 

Then, in PKR, there is that POLITICAL BUREAU - the POLITICAL BUREAU – here again the President can appoint 7, and the others will include all office bearers, and State Chief of Sabah and State Chief of Sarawak…ODD again…Given the role played by President in choosing and appointing the 3 additional Vice Presidents plus all lesser office bearers, the Political Bureau looks very much President controlled…

VERY GOOD and democratic that PKR gives all its members the right to vote the President, Deputy President, 4 Vice President and 20 Central Leadership Council members - many political party members do not have this basic right - there, only selected delegates have the right to vote..I hope all political parties will give all members right to choose the President and Central Leadership.

APPOINTMENT is OK but really it must be limited, and the power should rest with the entire elected Council and not just the President..

State Chiefs - well, really this should be the choice of ALL members in a particular state.

POLITICAL APPOINTMENT is a culture that should be done away with - everywhere democratic elections should be practiced even in Local Councils, Kampung/Taman/Kampung Baru...

Azmin unhappy with the people Anwar appointed. Would Azmin be unhappy if he was the President and he choose and appointed? 

As MB of Selangor, was he not happy with the political appointment of the Local Council members, leaders of kampung/taman/kampung baru/kampung orang asli...them JKKKKs...

Worried of democratically people-elected persons must end ...TRUE Democracy at every level...

How a political party is governed is indicative of how leaders of these political parties will govern the nation, State and local governments when they come into power...

UMNO-BN preferred 'political appointed' leaders rather than democratically elected chosen by people leaders ...Will PH also want to hold on to power and control vide their political appointees - or rather return true democracy to the Malaysian people...?

 

 

 

Azmin upset over new PKR appointments

Published:  |  Modified:
   
PKR deputy president Mohamed Azmin Ali has urged party president Anwar Ibrahim to reconsider the fresh appointments to key party positions made yesterday.

"The appointments do not reflect the principle of fair and just representation of the party member's aspirations, and will not help to bring the party forward," he wrote on his Facebook page.

Azmin said co-opting members into the new party leadership after a keenly contested election must take into account the views of the grassroots.

Yesterday, Anwar had chaired the central leadership council meeting and co-opted individuals who are mostly aligned to Rafizi Ramli.

Rafizi himself was appointed as a vice-president, while Saifuddin Nasution Ismail was retained as secretary-general.

It is understood that only three individuals who are clearly aligned to Azmin attended the meeting, which was called on short notice.

Azmin and many leadership council members aligned to him were believed to be on their year-end break.

'Not based on merit'

In his statement, Azmin said some of the appointments do not appear to be made based on merit, and that some of the appointees were involved in problems related to the party elections.

"The secretary-general's post should be helmed by a professional who has skills in management and administration.

"That person must carry out his or her task through party consensus and not consider the interest of any individuals.

"The same goes for the central leadership council appointments which should be made based on merit, and not as a form of reward for (campaigning during the) council (election)," he said.

Azmin added that his views, as well as those of the majority of elected council members, on how the new members would be appointed had been made known to Anwar several weeks ago. - Malaysiakini, 29/12/2018