It is still painfully pitiful that the police may be investigating Irene Fernandez
under the Sedition Act for speaking the truth about the abuse of rights
and acts of violence experienced by migrants in Malaysia.
Irene Fernandez - Photograph courtesy of themalaysianinsider.com
According to media reports, Kuala Lumpur CID Chief Ku Chin
Wah has confirmed that, as a result of police reports made against me as
Executive Director of Tenaganita, by Ikatan Rakyat Iman Muslim Malaysia
(IRIMM), Dewan Ekonomi dan Social Malaysia and Rela, the police will
investigate me, probably under the Sedition Act.
The speediness with which the police have chosen to act in
investigating the reports against me is perplexing; we note with utmost
regret that the police have not acted with similar enthusiasm for swift
justice when over 15 reports have so far been filed this year by
Tenaganita on behalf of migrant workers; we also have evidence of over
10 different police reports filed by migrant workers themselves on
various rights violations in the Klang valley.
Tenaganita has raised these core issues of abuse of migrant rights
directly with high-ranking government officials – at numerous
consultations and meetings, in published reports, through media
interviews and public events – countless times over the past two
decades. It is highly regrettable that taxpayers’ ringgit is instead
being spent on questionings by the MACC and investigations by the police
into the human rights defender, rather than on the serious human rights
concerns raised.
A country that claims to practise good governance would have acted on
these issues raised a long time ago. It would act with accountability
and dignity to address the feedback provided by Tenaganita, other
organisations and individuals, however critical they may be, instead of
regularly sweeping them under the carpet and going into denial mode.
On the issue of the safety of foreign workers in Malaysia, the
state-controlled media have of late been generous in publishing stories
of employers who declare how happy their migrant workers have been with
them. Indeed it would be outrageous for anyone to suggest that there
aren’t good employers in Malaysia. However it should be noted that it is
the personal sense of goodwill and decency of these employers that
ensured the protection of basic rights of their workers.
Relying on one’s own sense of goodwill, however, is not a sustainable
manner to prevent human rights abuses. Good governance demands a more
sustainable approach, whereby the State puts in place laws, regulations,
policies and mechanisms to ensure the rights of all persons, including
migrants, are protected equally and without discrimination. Cultural and
structural changes should also be made to remove obstacles towards
these measures.
The question of Malaysia as an unsafe country for migrant workers is
really an issue of governance. Good governance requires readiness to
accept feedback and criticisms arising from experiences of violations of
rights of migrant workers and refugees, from cases filed at various
courts and enforcement agencies and from consultations held by civil
society with the State. These criticisms and actions should be used to
plug the loopholes in the system and strengthen governance.
The threats faced by foreign workers in Malaysia are reflected in the
threat to one’s safety and protection of rights faced even by our own
citizens. This was clearly demonstrated by the police brutality that was
evident at the Bersih 3.0 rally where citizens of this country who,
while leaving the city after having peacefully assembled, were viciously
attacked, beaten, bruised and battered by groups of police personnel.
According to testimonies given, none of the police personnel identified
themselves nor did they respond to the question on the reason for their
arrest.
The above-mentioned episode provides a fair idea of the arrogance of
power with which migrant workers are treated by the police. The threat
to our safety and security is real, irrespective of whether we are
citizens, migrant workers or refugees.
The situation will only be aggravated if the government of the day
continues to condone and deny the violations of rights and police
misconduct and brutality. The disregard for such violations is evident
in the government’s refusal to establish the IPCMC (Independent Police
Commission of Misconduct and Complaints.)
The Sedition Act is an archaic law that has been used to silence
dissent, choke discourse and stunt the growth of a democratic, moral and
just society. It has also been used in Malaysia to criminalise human
rights defenders who have spoken up for marginalised and disenfranchised
communities and persons. Therefore, while not necessarily shocking, it
is still painfully pitiful that the Royal Malaysian Police may be
investigating me under the Sedition Act, for speaking the truth about
the abuse of rights and acts of violence experienced by migrants in
Malaysia.
The trotting out of this draconian Act and the barrage of statements
by high-level government officials in the past few weeks condemning me
begs us to ask these questions: Why does the Malaysian government want
so desperately to silence human rights defenders in Malaysia? Why does
there appear to be a concerted effort to target civil society, instead
of collectively and sincerely addressing the problems entrenched in our
system that make it unsafe for migrants in Malaysia?
The harassment and intimidation that the police intends to undertake
on me as a human rights defender denies a democratic process in good
governance. This process of intimidation and harassment leads to the
criminalisation of actions taken by human rights defenders. The
Declaration on Human Rights Defenders provides that everyone who
exercises his or her rights is entitled to full protection by law and in
practice against any violence or retaliation.
However, the current regime does not seem to acknowledge this, even
though the Malaysian government sits on the United Nations Human Rights
Council. When the rights of human rights defenders are violated, all our
rights are put in jeopardy and all of us are made less safe.
The road map towards safe migration for all migrant workers to Malaysia should include:
- Thorough and transparent investigations into the cases and issues raised by Tenaganita and an end to attempts to intimidate the Executive Director;
- A comprehensive rights-based policy framework for recruitment, placement and employment of migrant workers (Note: A copy of this framework was sent by Tenaganita, the Malaysian Bar Council and other civil society representatives to the Malaysian government four years ago.);
- Consultations and dialogues with civil society organisations, especially those who directly represent workers and migrants, on any new initiatives being undertaken, for example, the possible Foreign Workers Act.
- The Ministry of Human Resources should be made the lead agency for recruitment, placement and employment of migrant workers, and not the Ministry of Home Affairs as practised now.
- Holding perpetrators of rights violations by State actors against migrant workers accountable.
Tenaganita remains open and ready to work with all State parties to
see that we, as a nation, collectively travel down that road map in
order to increase the protection of rights for all migrants and workers
in Malaysia. Tenaganita will also not be deterred by any threats, nor
will we be silenced from speaking the truth.
Irene Fernandez is executive director of Tenaganita
Source : http://aliran.com
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