Friday, July 11, 2014

Why Malaysians should be worried about human trafficking



The sordid exploitation behind trafficking is not only morally unbecoming but is also a crime against humanity, says Syerleena Abdul Rashid.

Domestic workers – Photo credit: freemarket.my

Every year, on 20 June, the world celebrates Refugee Day – a day that commemorates the awareness of issues relating to the struggles and advocacy of refugee rights worldwide.

This year, on the same day, the United States government decided Malaysia was not living up to its promise to improve issues relating to human rights and downgraded our nation to ‘Tier 3′ status and subsequently, blacklisted Malaysia. Our country now joins the ranks of North Korea, Iran, the Democratic Republic of Congo and Gambia – a membership to a club no one desires and no one can be proud of.

The recent demotion also means that our country could face possible sanctions at a time when we really need robust policies to help drive our economy because at present, we are aware of how unhealthy things are, even if we are being told otherwise. In addition to the spate of negative press already highlighted in the international media, this recent testimony solidifies Malaysia as a human rights outcast, which is a huge embarrassment to everyone living on this soil and a great insult to the forefathers who created the Federation.

While most Malaysians appear to be apathetic about socio-political issues, the issue of upholding the basic values of humanism is extremely important as this can influence the outcome of our nation – whether we are able to develop ourselves and compete in an increasingly globalized world or if we are to regress and embrace tribalism as a way of living while our economy lies in ruins.

A majority of Malaysians still mistakenly equate human trafficking to prostitution, amongst other things, and this misconception was brought to light during a sex trafficking seminar held in Penang, earlier this year. Hence, it can be assumed that our government’s inactions may be a result of the very same misconception that the public seem to have.

Though it is not entirely clear why our government and other relevant policy makers fail to abide by international laws (relating to human rights to prevent human trafficking), one thing is clear. The attitudes towards human rights and civil liberties have been miscomprehended, intentionally or otherwise.

Human trafficking is best defined as a form of human trade in which people are unwillingly bought and sold for a number of depraved activities. People who are highly susceptible usually come from the lower income group, are illiterate or have very little education; trafficked victims may be women, men or children. But there is a growing trend towards targeting refugees.

The issues that surround trafficked individuals are not as clear cut as some might want you to believe. Situations that lead people into such horrific positions vary from a promise of better economic opportunity, political or religious persecution and even abduction. The results are usually dreadful, and the victims find themselves completely helpless and terrified.

This vicious cycle of abuse is worsened when there are no clear regulations to strengthen legal frameworks, no helpline or assistance once victims find themselve thrown into a system full of apathy and suspicion. Industries that go unchecked are unregulated and untraceable; they are therefore able to financially support a variety of debasing activities such as money laundering, drugs, prostitution and terrorism, to name a few.

Malaysia has been scrutinised in the past, and this led to the signing of the Asean Human Rights Declaration in 2012. This move, whether sincere or superficial, came during a tumultuous period of heavy criticism regarding the way the Malaysian government and authorities handled human rights involving trafficking survivors, undocumented foreigners and refugees. Victims of the country’s poor human rights record also included fellow Malaysians whose only ‘crime’ was that of holding different political beliefs.

Although the declaration promotes an impartial handling of individuals regardless of race, religion, political beliefs or nationality, there is a clause that allows leeway for a nation to implement policies based on whatever and however the governing elite sees fit.

Our country is a source of demand for cheap labour. Because fair labour audits are not widely practised and there are very minimal employment inspections, most companies are able to exploit human capital. For example, we sometimes see advertisements for hourly domestic maids, but many of us fail to see the harsh realities that go hand-in hand in this often exploitative sector. Most of these hourly domestic workers work more than the hours permitted by labour laws and are subjected to harsh working environments with very little rest or access to basic amenities.

Cheap labour affects the economy and influences the job market. The demand for cheap labour from unscrupulous companies (construction sites, massage salons, food and beverage outlets, etc.) may give rise to traffickers who want to profit from this and subsequently, will be able to supply such demand.

Traffickers who collaborate with agents may lull unsuspecting workers with ‘better’ job opportunities abroad and then take away their passports once they have arrived at their destination. Thus, funfortunate migrant workers fall into forced labour and servitude. They are forced to work for a measly amount to pay off their debts and are unable to free themselves from deplorable conditions because they fear that their lives may be in danger.

As a result, skilled and qualified Malaysians are often replaced by unskilled, cheap labour which is counter-productive to our country’s growth. Furthermore, with no proper background checks on past employment history or personal backgrounds, the origins of these workers (where they come from and how they got here) are unclear.

It seems more apparent these days that the idea of embracing human rights has been brushed aside by those who should be supporting it the most. In Malaysia, supporters who advocate such beliefs are labeled as infidels and ungodly and are thus subjected to conditions that guarantee the suppression of any forward-thinking opinions. This idea has also been drilled into the minds of our fellow countrymen and women; hence, we witness never-ending disputes and name calling.

Reports claim that at present, human trafficking generates an estimated profit of US$150bn a year, though one can safely assume that the actual figures are much higher. Additionally, the UN recognises human trafficking as the “second fastest growing criminal enterprise, behind only drug trafficking”.

Human trafficking destroys the legitimacy of commerce and undermines honest commercial institutions. Malaysia’s ‘wholesome’ image as a family-friendly tourism destination and as a credible location for businesses to invest is jeopardised as our country can no longer guarantee fair labour practices or civil liberties – two important pillars that underpin healthy progress.

The sordid exploitation behind trafficking is not only morally unbecoming but is also a crime against humanity. Pro-active policies and convincing methods must thereforce be implemented wholeheartedly to combat human trafficking if we are serious about salvaging our nation’s dignity and integrity. The horrors of human trafficking are limitless and no man, woman or child should ever be made to experience such horrific ordeals.

Travel Restrictions Tighten for Burmese Refugees in Thailand



By SAW YAN NAING

RANGOON — The Thai junta, which has been ruling the country under martial law since May 22, has reportedly stepped up restrictions on the movement of more than 120,000 Burmese refugees living in camps along the Thai-Burma border.

Speaking with The Irrawaddy on Tuesday, Saw Honest, chairman of the Mae La refugee camp, said those restrictions included a general ban on travel outside the camps and a curfew.

“Refugees are banned from leaving the camp to seek jobs. Refugees are banned from leaving their homes from 6 pm to 6 am,” he said. “Only those who have special conditions such as medical treatment or other emergency cases can travel, but need to seek official permission.

“Respective Thai security units at every camp informed us about the regulations. We are not allowed to go outside the camp, refugees have been warned not to engage in logging and drug dealing,” added Saw Honest, who oversees the administration of Mae La, the largest Thai border camp, where some 40,000 Burmese refugees reside.

“Those who violate the rules will be punished. And for those who repeatedly violate the rules, their names will be deleted from refugee camp [registries], and they will no longer be allowed to live in the camp, and they may even be deported back to Burma,” he added.

Saw Honest said refugees with special circumstances requiring travel outside the camps, such as for education or health reasons, were required to seek official permission from the respective Thai security units at the camps before traveling beyond their confines.

“We have a problem with the restrictions,” Saw Honest said. “But we can’t do anything now as it is the order of the Thai army. We may sort it out to ease the restrictions later because it is not a good time to do it now.”

He said the restrictions had been communicated to refugees after a meeting between local Thai authorities and community-based organizations in Mae La and other camps on Tuesday.

“We held a meeting and informed the refugees about the rules. The plan just started today. But we don’t know how long it will last, as they didn’t tell us. I think it might last until next election,” Saw Honest said. The Thai junta, which has branded itself the National Council for Peace and Order, has said it plans to hold an election in October of next year.

The orders come amid an ongoing reform program enacted by the junta that has included a sweeping crackdown on undocumented migrant workers that has forced more than 200,000 Cambodian laborers to return home. Hundreds of Burmese migrant workers have also been scrutinized, detained and deported back to Burma since early June.

The latest development is likely to affect daily life for tens of thousands of Burmese refugees, some of whom have lived in the camps for 25 years—a span during which Thailand has seen three coups. There are nine refugee camps spread across the Thai-Burma border.

Duncan McArthur, partnership director of The Border Consortium (TBC), a nongovernmental organization that has been providing humanitarian aid to the Burmese refugees for more than 20 years, told The Irrawaddy on Tuesday that Thai authorities were applying restrictions already on the books.

“TBC understands that the Thai district authorities have been ordered to enforce existing regulations more strictly, which will include restricting refugee movements outside of camps. Refugees with special circumstances will still be able to apply for permission to travel.

“District authorities in Tak province have called a series of meetings with UNHCR [UN High Commissioner for Refugees] and NGOs this week to clarify the situation,” McArthur said. “However, we understand that there will be no change in policy relating to the provision of humanitarian assistance to refugees.”

He said the TBC was not aware of any plans for Thai authorities to conduct identity checks at the camps. “Refugee status determination procedures have essentially been suspended since 2005, and we are not expecting official screening processes for unregistered refugees to resume any time soon,” according to McArthur.

But Ye Min, a Burmese refugee at the Nu Po border camp, claimed that screening, official or otherwise, would be taking place.

“They [Thai army] want to know how many people are real refugees and how many people illegally came to stay in the camp and lack proper documents,” he said.

Ye Min added that there were fears among the refugee population that those without proper documents, such as UN registration cards recognized by the Thai government, would be deported. Rumors were circulating that even UN cardholders would be subject to deportation or would have their status as a recognized refugee revoked if found traveling or residing outside the camps, Ye Min claimed.

Meanwhile, the UNHCR held a meeting on June 27 with Karen community-based organizations including the Karen Refugees Committee, Karen Women’s Organization, Karen Youth Organizations, and Karen Office for Relief and Development (KORD), seeking opinions from refugees about the ongoing peace process between the Burmese government and ethnic armed groups.

Asked about claims of impending refugee screenings, UNHCR spokeswoman Vivian Tan told The Irrawaddy on Tuesday that the UN refugee agency had not been informed of any such plan.

Led by Thailand’s Internal Security Operations Command (ISOC) and attended by representatives from four provinces including Tak, as well as NGOs, the UNHCR and other Thai authorities, a three-day meeting was held from June 17-19 in Mae Sot, Thailand, to discuss repatriation plans for refugees on the Thai-Burma border.

Over the last three years, the Burmese government and most ethnic armed groups have signed bilateral ceasefire agreements. Now, amid ongoing negotiations for a nationwide ceasefire accord, discussions among Thai authorities and aid groups on the border have turned to the eventual return of Burmese refugees to their homeland.

Thai authorities’ previously stated policy on the refugees is that they would be allowed to return to Burma on a purely voluntary basis.

McArthur said TBC was not aware of any change regarding that stance.

“TBC’s independent assessment remains that the conditions are not yet conducive for a voluntary return of refugees nor their sustainable reintegration in safety and with dignity,” he added.

TO BE RUN BY NGO, GOVT WON'T CARE! Soon a secondary school for stateless & refugee kids in M'sia



Secondary school education will soon be a reality for refugees and stateless children in Malaysia when the Institute for Democracy and Economic Affairs (Ideas) opens its academy in Kuala Lumpur by the end of this year.

To be called the Ideas Academy, the school is in collaboration with a Dutch NGO, Stichting Young Refugee Cause, and aims to provide high-quality education to youths aged 12 to 20 using the International Canadian Syllabus, for a minimal fee.

"We want to make education accessible to everyone. No matter what their situation is, we want to make it available for them," said Ideas Academy's general manager Trine Engskov.

"And we have to offer a programme that really matters. So when they come out, they will have something that really matters, that will work for them.”

The idea of the academy came about in December last year, after Ideas found there was a need to set up a secondary school for stateless and refugee children.

"There are many refugee community learning centres and they only offer primary education. So when they reach a certain age and level, they have nowhere to go.

"So we are trying to fill in the gap," Engskov said.

She said that the Canadian syllabus was being used as it was the most comprehensive one, without being "nation-specific".

"We're going to have students from many different countries. There will be Malaysian students and there will be refugee students who come from a wide range of countries and continents.


Ideas Academy's general manager Trine Engskov

"As it will be an international setting, the language in the school will be English. If possible, we will also be on the road for international accreditation," the Danish national added.

She said the biggest challenge in setting up the school was finding an appropriate building in the designated area, Pudu, leading to delays in opening the school.

"One of our biggest challenges is finding the perfect building for the school. Once we have that, we are set to go. And then, there is the finances part," Engskov said.

The Ideas Academy already has about 20 students waiting to sign up and it is expected to grow to 100 students in its first year.

"It is a four-year course, so our capacity will be about 400 students.

"We have been working closely with the UNHCR (United Nations High Commissioner for Refugees) and other NGOs to spread the word about the school and round up students," said Engskov, adding that they were in the midst of recruiting full-time teachers for the school.

"Because we are teaching Canadian syllabus, we are hoping to have some Canadian teachers who are Ontario-qualified and we are also looking for some local teachers," she added.

Besides regular education curriculum, the school would also organise programmes for the youths such as outings, workshops, movie nights and parties.

"We want to give them everything that other children have... that is normal for other children. So why should they be denied these things?

"We want to create a platform for students to be safe and be young. That is important for their confidence," she added. –TMI



Over 4,200 Lankans on UNHCR list in Malaysia

There are 4,280 Sri Lankan refugees and asylum-seekers registered with the United Nations High Commissioner for Refugees (UNHCR) in Malaysia.

They comprise about 3% of the 145,025 foreigners who have UNHCR cards as of May.

Most UNHCR cardholders in Malaysia are from Myanmar (134,430) while the rest are from Somalia, Syria, Iraq, Afghanistan and other countries. About 70% are men and 30% women.

Inspector-General of Police Tan Sri Khalid Abu Bakar said that of the 14 LTTE members arrested this year, seven were using UNHCR cards.

UNHCR spokesman in Kuala Lumpur, Yante Ismail, said the organisation was unable to comment on suspected Tamil Tiger leaders with UNHCR cards, adding that it was the body’s policy not to publicly comment on individual cases involving asylum-seekers and refugees.

“In principle, refugee protection is for those who are in genuine need of international protection when they have been forced to flee their countries.

“Refugee protection is not extended to individuals who have committed very serious crimes,” she said yesterday.

Yante said any enquiry into refugee status would involve a careful assessment of all relevant facts, through a fair process, to decide whether protection was required.

According to UNHCR Malaysia, registered refugees and asylumseekers could move freely as they were not in camps.

The organisation said refugees were unable to work legally, but had access to the informal work sectorand opportunities for self-reliance.

Refugees normally share living spaces in groups of 40 people or more in low-cost flats or housing areas.
Many also live near the construction sites or plantations where they seek employment.

According to a social worker who declined to be named, the Sri Lankan Tamil refugees started arriving in droves here some 10 to 15 years ago, seeking to move to other countries.

However, he added that they were made up of different “groups” who would snitch on each other to the authorities.(The star Online)

Burmese refugees banned from leaving camps in Thailand



By DVB 9 July 2014

Thailand’s authorities have banned Burmese refugees living on the Thai-Burmese border from leaving their camps, while they conduct a census to determine the exact number of refugees living in the country. There are nine refugee camps along the border and aid agencies say they provide relief to no less than 120,000 people.

Saw Honest, leader of Mae La, the biggest refugee camp in Thailand, said authorities have strictly warned its residents not to leave the camp and said they would punish those who do.

Anyone found in violation of the travel ban may face a series of punishments ranging from a week of labour or ration cuts to having their refugee status revoked, he said.

Residents who are staying outside their camps, including students and those working in nearby towns, have been ordered to return for the population count.

On Tuesday, a team of military officials and police officers began the census in the Umpiem refugee camp, which lies 90 kilometres south of Mae Sot.

“Officials have begun work to verify the number of people living in the Umpiem camp,” said camp chairman Saw Wahtee. “They came there at around 7am on Tuesday and gathered residents in one area together. Then they issued some papers to each person and told them to walk through a gate to another zone.”

“The Thai authorities said they just wanted to know the exact number of refugees in the country,” he said.

Recently, donor funding to the refugees has been cut and resettlement programmes terminated.

In June, a meeting was held in Mae Sot between the Thai army’s Internal Security Operations Command, regional commanders of border provinces, and NGOs that provide assistance to the refugees, to discuss whether it is time to begin preparing for the refugees to be repatriated.

No official decision was made.

Thailand and Burma Agree to Return 130,000 Border Camp Refugees 'To Their Homeland'



PHUKET: Thailand and Burma have agreed to ''facilitate the safe return'' of 130,000 displaced persons to their homeland, General Prayuth Chan-ocha said tonight. 

He also said the issue of the Rohingya boatpeople had been discussed with Myanmar's Commander in Chief of Defence Forces, General Min Aung Hlaing, in Bangkok this week.

''The gist of the meeting is that Thailand and Myanmar (Burma) will cooperate in helping displaced persons from fighting in Myanmar,'' the general said in his weekly national telecast.

He took charge of Thailand in a coup on May 22.

Details are likely to emerge in the next day or two about precisely what the two countries plan for the large number of refugees from Burma now living in Thailand.

''These people have been staying in temporary shelters with certain restrictions for a long time,'' the general said. 

''This has been a protracted problem. There are up to 130,000 displaced persons in nine temporary shelters in our country.

''Thailand and Myanmar will facilitate the safe return to their homeland.

''Additionally, other areas of cooperation include the nationality verification of the Rohingya, demarcation of borders in undisputed areas, not supporting resistance groups in their respective territories, as well as cooperation in energy development.''

He added that Myanmar officials had been grateful for ''measures to ensure the safety and better work environment for Myanmar workers in fishing vessels.''

It's not clear as yet what the general means in terms of returning the Burmese now living in border camps. 

Movement of the people living in the camps was restricted earlier this month. Some have lived in the camps for up to 25 years. 

The use by General Prayuth of the word ''Rohingya'' may prove controversial inside Burma where the Muslim minority does not have citizenship and are referred to as ''Bengalis.'' 

Violence in Burma - labelled ethnic cleansing by many - has driven an estimated 80,000 Rohingya to put to sea since mid-2012. 

Many of them are abused by human traffickers in jungle camps on their way to Malaysia. How so many Rohingya land in southern Thailand without being detected and intercepted remains a mystery.