Three Refugees Killed in Malaysia Crash

14 Oct 2010 - SEREMBAN: At least twelve people including three Burmese refugees were killed on Sunday in one of the most horrific road accident in Malaysia.

The three refugees are identified as Pau Khaw Tual, 29; Kam Khaw Tual, 18 and Cin Phwa Tuang, age unidentified.

Another 45 people were also injured in the accident which involved two buses, two passenger cars, one van and one motorcycle on 7.45 pm, 10 October, near Simpang Ampat, at Negeri Sembilan State, in the southern part of Malaysia.

The tragedy happened when a north-bound express bus crashed through the guardrail and ploughed into five vehicles heading from the opposite direction of the North South Expressway.

Witnesses said the express bus crashed into the rear of a car before the driver lost control of his vehicle and rammed through the guardrail and onto the path of an oncoming bus, two cars and a motorcycle.

The impact caused the express bus to flip onto its side. The bus driver and motorcyclist were among the casualties. The oncoming bus belonged to the Welfare Department.

Rescue operation was conducted by paramedic from several hospitals, Department of Fire and Rescue, police and Civil Defense Department.

The Minister of Transport, Datuk Seri Kong Cho Ha has ordered an immediate probe into the accident.


Thomas Chong

Human-trafficking blacklist

Human-trafficking blacklist:

Lim Sue Goan

How serious is human trafficking in Malaysia? The detention of seven immigration officers and two foreigners under the Internal Securty Act (ISA) has perhaps explained why the United States included Malaysia in the human trafficking blacklist.

It is certainly correct for the Home Ministry to take the issue seriously as it would not only damage the country's reputation, but also affect foreign investments and threaten national security.

Corruption among immigration and law enforcement officers is one of the factors that cause the surge in illegal immigrants and overstaying foreigners. Terrorists might also take the opportunity to freely enter the country.

However, invoking the ISA might only achieve a short-term deterrent effect, and not get to the roots of the problem. The government still needs to take drastic measures to eliminate the black sheep and resolve problems in the public domain, including corruption and lack of discipline, to curb human trafficking.

Another escape took place at the KL International Airport (KLIA) detention depot on 2 August 2010 and Home Minister Datuk Seri Hishammuddin Hussein ha given an ultimatum to his secretary-general Datuk Seri Mahmood Adam, and immigration director-general Datuk Abdul Rahman Othman to resolve the matter, warning that they might face the risk of being transferred if its was not properly handled.

Later, newspaper reports claimed that some immigration officers at the Pulau Ketam jetty were bribed with RM60,000 monthly to allow the illegal immigrants to access the island freely. A group of officers was arrested by the Malaysian Anti-Corruption Commission (MACC) while 20 other officers were transferred.

Although Hishammudin has said that the transfer of Abdul Rahman was part of a normal reshuffle, it is still believed to be related to his performance.

In fact, it is not the first time for the Immigration to be accused of human trafficking. The 2009 US State Department Trafficking in Human Persons (TIP) Report had pointed out that some Malaysian immigration officers have involved in human trafficking and extorted Burmese refugees.

According to the report, Malaysian immigration officers sold the refugees for about US$200 per person to human trafficking syndicates operating along Thailand's southern border.

"In turn, the traffickers demanded ransom — ranging from US$300 for children to US$575 for adults — in exchange for their freedom. Informed sources estimated that 20% of the victims were unable to pay the ransom, and were sold for the purpose of labor and commercial sexual exploitation."

Therefore, the authorities are considered to have acted slow as the involving officers had gone scot-free for some time. Also, the country has suffered humiliation as the crimes were exposed by a foreign country.

Starting from 2007, Malaysia has been put in the human trafficking blacklist along with Myanmar, Papua New Guinea, Fiji and North Korea. The record is better this year as Malaysia has been upgraded to Tier 2 from Tier 3 in the TIP Report for 2010.

Corruption among officials has allowed trafficking syndicates to exploit, abuse and harm illegal workers. Even worse, forced prostitution takes place everyday in the dark. It is a shame to be blacklisted and it is also a label of not respecting human rights.

To remove the label as soon as possible, in addition to implement severe punishment, the MACC should act fast. Who would be afraid of the MACC if too many major cases are left unsolved? Had the MACC been sleeping all the while when immigration officials were taking bribes over all these years?

It has proven the loose discipline in Malaysia immigration and it will cause endless troubles if no drastic improvement is made. - Sin Chew Daily

Posted by justice4otk

The shame of being on blacklist for human trafficking

By LIM SUE GOAN
Translated by SOONG PHUI JEE

How serious is human trafficking in Malaysia? The detention of seven immigration officers and two foreigners under the Internal Securty Act (ISA) has perhaps explained why the United States included Malaysia in the human trafficking blacklist.
It is certainly correct for the Home Ministry to take the issue seriously as it would not only damage the country's reputation, but also affect foreign investments and threaten national security.
Corruption among immigration and law enforcement officers is one of the factors that cause the surge in illegal immigrants and overstaying foreigners. Terrorists might also take the opportunity to freely enter the country.
However, invoking the ISA might only achieve a short-term deterrent effect, and not get to the roots of the problem. The government still needs to take drastic measures to eliminate the black sheep and resolve problems in the public domain, including corruption and lack of discipline, to curb human trafficking.
Another escape took place at the KL International Airport (KLIA) detention depot on 2 August 2010 and Home Minister Datuk Seri Hishammuddin Hussein ha given an ultimatum to his secretary-general Datuk Seri Mahmood Adam, and immigration director-general Datuk Abdul Rahman Othman to resolve the matter, warning that they might face the risk of being transferred if its was not properly handled.
Later, newspaper reports claimed that some immigration officers at the Pulau Ketam jetty were bribed with RM60,000 monthly to allow the illegal immigrants to access the island freely. A group of officers was arrested by the Malaysian Anti-Corruption Commission (MACC) while 20 other officers were transferred.
Although Hishammudin has said that the transfer of Abdul Rahman was part of a normal reshuffle, it is still believed to be related to his performance.
In fact, it is not the first time for the Immigration to be accused of human trafficking. The 2009 US State Department Trafficking in Human Persons (TIP) Report had pointed out that some Malaysian immigration officers have involved in human trafficking and extorted Burmese refugees.
According to the report, Malaysian immigration officers sold the refugees for about US$200 per person to human trafficking syndicates operating along Thailand's southern border.
"In turn, the traffickers demanded ransom — ranging from US$300 for children to US$575 for adults — in exchange for their freedom. Informed sources estimated that 20% of the victims were unable to pay the ransom, and were sold for the purpose of labor and commercial sexual exploitation."
Therefore, the authorities are considered to have acted slow as the involving officers had gone scot-free for some time. Also, the country has suffered humiliation as the crimes were exposed by a foreign country.
Starting from 2007, Malaysia has been put in the human trafficking blacklist along with Myanmar, Papua New Guinea, Fiji and North Korea. The record is better this year as Malaysia has been upgraded to Tier 2 from Tier 3 in the TIP Report for 2010.
Corruption among officials has allowed trafficking syndicates to exploit, abuse and harm illegal workers. Even worse, forced prostitution takes place everyday in the dark. It is a shame to be blacklisted and it is also a label of not respecting human rights.
To remove the label as soon as possible, in addition to implement severe punishment, the MACC should act fast. Who would be afraid of the MACC if too many major cases are left unsolved? Had the MACC been sleeping all the while when immigration officials were taking bribes over all these years?
It has proven the loose discipline in Malaysia immigration and it will cause endless troubles if no drastic improvement is made.
Sin Chew Daily

MySinchew 2010-10-15

Refugees & Asylum needs Mental Health Care

In conjunction with World Mental Health Day, Health Equity Initiatives (HEI) calls for greater attention to the mental health needs of refugees and asylum seekers in Malaysia.

There are some 15.2 million refugees worldwide and some 88,900 refugees and asylum-seekers registered with UNHCR in Malaysia, as of end June 2010, the majority of who are from Burma. Malaysia has not ratified the 1951 Refugee Convention or its 1967 Protocol and does not have a legislative or administrative framework for dealing with refugees.

The World Health Organization recognizes refugees as 'one of the most vulnerable groups of today's world' with special mental health needs. Mental disorders like depression, anxiety and post traumatic stress disorder are high in prevalence among refugees and asylum seekers, because of their forced displacement experiences, including extreme levels of trauma, loss, insecurity, abuse, sexual violence, and torture prior to arriving in Malaysia.

Their mental distress continues even after arrival because of their insecure legal status and inability to engage in paid employment legally. Poor accessibility to health care further compromises the mental health of refugees and asylum seekers. Refugees in Malaysia experience many difficulties in accessing mental health services and health care in general.

Some of the factors that limit accessibility to health care are lack of finance, ongoing security threats of arrest, detention and deportation, lack of recognition of their refugee status and language barriers.

In line with the World Health Organization's position to incorporate the special mental health needs of refugees, and to give due regard for equality and non-discrimination in the development of mental health policy and service provision, Health Equity Initiatives calls on the Malaysian government to provide universal access to mental health care, including for refugees and asylum seekers.

We ask that rates for patient care applicable to Malaysians in state-run health facilities also apply to refugees and asylum seekers because they require treatment and do not have the resources. In addition, it is important that the status of refugees is recognized, and they are allowed to work in order that they can finance their health needs and enjoy access to the determinants of health including food, housing, sanitation, and education for their children.

The writer is director, HEI.

Moving forward on human rights in M'sia

 By Malaysia Kini

A decade since its establishment on Sept 9, 1999, the Human Rights Commission of Malaysia (Suhakam) is gratified that an increasing number of Malaysians are now familiar with the notion of human rights. More and more people are coming forward to use the mechanism of Suhakam which the commission tries to deal with promptness and diligence, within its budgetary and statutory limitations.

These include those who are disadvantaged and vulnerable, such as indigenous peoples, women and children and the aged and the economically deprived, among others, who have no other recourse to channel their grievances.

In 2009 Suhakam continued to undertake a number of human rights-related activities, including, among others, a Public Enquiry into the Arrest and Detention of Lawyers of the Kuala Lumpur Legal Aid Centre at the Brickfields Police Station on May 7, 2009, visits to police lock-ups and detention centres (Prisons and Immigration Centres), human rights training for Police and Rela officers, visits and dialogues on the rights of indigenous peoples, meetings with NGOs, workshops on the Convention on the Rights of the Child (CRC) and Convention on the Elimination of All Forms of Discrimination Against Women (Cedaw), human rights colloquium for the judiciary, roundtable discussions on the right of the Mentally Challenged Persons to Care with Dignity, and on the rights of Older Persons, and human rights talks and exhibitions for university and college students.

Over the years, the commission had worked tirelessly to address human rights issues and raise awareness through dialogues and consultations with various stakeholders. It had carried out public inquiries; conducted research; organised workshops, forums and roundtable discussions on human rights issues; recommended the repeal of the Internal Security Act 1960 (ISA), the review of the Printing Presses and Publications Act, Section 27 of the Police Act and the Official Secrets Act, and the abolition of the death penalty and natural life sentence.

While Suhakam welcomes the move to amend the ISA, which it hopes is a first step towards its eventual repeal, it calls upon the government to ensure that the amendments adhere to human rights principles vis-a-vis the detainees' right to personal liberty, the right to a fair trial and the right to be presumed innocent until proven guilty as enunciated in Articles 3, 10 and 11 of the Universal Declaration of Human Rights.

The commission has also formed an ad-hoc committee on Universal Periodic Review (UPR) with respect to the implementation by the Government of its UPR commitments. It had urged that major legislative bills be referred to the Select Committee of Parliament and state assemblies and that the government accedes and observes various human rights instruments and treaties, especially those that have been under consideration for a long time.

Notwithstanding these efforts, Suhakam continues to face a number of challenges, not the least of which is the need to continue to engage with government agencies, especially those with enforcement powers, so as to create greater awareness, understanding and observance of, and respect for, human rights, as well as of the statutory mandate and role of Suhakam.

Suhakam will continue to deal with a number of human rights complaints that have been constantly lodged to the commission which includes police inaction, arbitrary arrest and detention, excessive use of force by the enforcement officers, selective investigations, and the denial of the right to peaceful assembly and to freedom of speech and expression.

In an effort to uphold the rights of the indigenous peoples, the commission has recently formed the Indigenous Peoples' Rights Committee to look into the plight of the indigenous peoples relating to their rights to the native customary lands, and access to education and health services. The commission is currently accumulating facts and information before considering holding a national inquiry into the rights of the indigenous peoples.

Another issue of concern is relating to religious converts. The commission had submitted a memorandum to the Rulers' Conference on Oct 3, 2009 and had recommended uniformity in the states and federal territories' administration of syariah laws and for a clear procedure in conversion cases, an issue which Suhakam would be following up with the attorney-general's chambers.

A perennial challenge is to persuade the government to have a parliamentary debate on Suhakam's annual report to Parliament which the commission had never failed to submit every year. The commission believes that such a debate would allow the people to better appreciate the state of human rights observance in the country, while allowing the commission to benefit from the views of the members of Parliament from both sides of the aisle.

As an advisory body without enforcement and prosecution powers, the commission encourages members of Parliament to pick up the issues and recommendations contained in the annual report and work towards the human rights betterment of the people as the nation progresses towards attaining its developed country status in 2020.

For its part, Suhakam will make renewed efforts to convince and encourage the government to implement its numerous recommendations and take a more serious view of human rights violations that have been highlighted in its reports and statements. Yet another challenge is the upcoming review of Suhakam's 'A' status by the United Nations International Coordinating Committee of National Human Rights Institutions for the Promotion and Protection of Human Rights (ICC).

While the government has taken speedy action to amend Act 597, which Suhakam very much appreciated, the issue will be revisited and a definitive position on the commission's international ranking will be made this October by the ICC, within the context of Malaysia's compliance with the Paris Principles relating to the Status of National Institutions adopted by the United Nations General Assembly in 1993. It is Suhakam's earnest hope that it will remain an 'A' status national human rights institution which would certainly inspire the commission to undertake more serious efforts for the attainment of a higher level of human rights observance and promotion in the country.

However, irrespective of the outcome of the ICC meeting relating to its status, Suhakam will continuously and diligently work to promote and protect human rights in the country. Suhakam applauds some positive actions taken by the government to protect and uphold human rights, namely, the inclusion of 'gender' as one of the grounds prohibited from discrimination; improvement of conditions in detention centres and police lock-ups; ratification of the Convention against Corruption, and of the Convention on the Rights of Persons with Disabilities (CRPD); the enactment of the Anti-Trafficking in Persons Act 2007; the recent removal of Articles 1, 13 and 15 of the Convention of the Rights of the Child (CRC); withdrawal of reservations to Articles 5(a), 7(b) and 16(2) of Cedaw; improvement of public housing and accessibility to healthcare; and making primary education compulsory and free.

These are, indeed, positive steps in the right direction towards the amelioration of the human rights condition in Malaysia. It is hoped that further such steps would be taken by the government so that by raising its standards it would not be unreasonable to expect, at some point in the future, for the country to join the ranks of the leading nations of the world in terms of their observance of human rights principles and practice. Certainly, it is a goal worth striving for.

Towards this end, Suhakam will build on what it had achieved in the past and aside from engaging in a dialogue process with the relevant government agencies, it will continue to unremittingly engage and establish good working relationships with other stakeholders, such as members of Parliament, non-governmental organisations (NGOs), civil society organisations (CSOs) and the media.

The commission believes that the promotion and protection of human rights in the country is not the exclusive domain or prerogative of a single entity, group, organisation or individual but is the concern of every member of an enlightened society who understands and is prepared to assert these rights as a good and law-abiding citizen, as long as it is pursued with a sense of responsibility.

The writer is chairperson, Human Rights Commission of Malaysia (Suhakam).

Thailand planning Burma refugee return

By FRANCIS WADE

The Thai government is making plans to repatriate Burmese refugees to their homeland after elections in the military-ruled country next month, the Thai foreign minister said.

Along with the 150,000-odd refugees in camps along the Thai-Burma border, “the intellectuals that run around the streets of Bangkok and Chiang Mai province” will be included in a “comprehensive program…to prepare them to return to Myanmar [Burma] after the elections”, Kasit Piromya told reporters in New York at the weekend.

One border-based aid worker who asked to remain anonymous said however that it was unlikely Thailand would return the refugees, many of whom have fled civil war in Burma’s volatile border regions, given the outcry it would trigger.

Kitty McKinsey, Southeast Asia spokesperson for the UN High Commissioner for Refugees (UNHCR), echoed that feeling, telling DVB that, “We don’t have any reason to believe that the Thai government will force refugees to return to Burma”.

The comments mirror those made in July by Tawin Pleansri, secretary general of the National Security Council, who said that refugees would likely be repatriated once conditions in Burma return to normalcy, which “would probably be after the general elections take place”.

But the Abhisit administration has already come under fire this year after the high-profile repatriation of some 4000 Hmong refugees back to Laos, as well as an attempt to send around 3000 Karen refugees back to Burma who had fled fighting close to the border.

Moreover, Abhisit’s Democrat Party is still being scrutinised for its handling of Red Shirt protests earlier this year, and as a self-projected human rights defender would not want to draw the ire of the international community a second time, the aid worker added.

The Thai prime minister is due to visit Burma on 11 October as the country gears up for the controversial 7 November elections. The Bangkok Post said that he will expect to be briefed on post-election plans, as well as discussing political prisoners, ethnic minority groups and the status of detained opposition icon Aung San Suu Kyi, whom a government official said recently would be released days after the vote.

Thailand remains Burma’s largest foreign investor, and relies on the pariah for around 30 percent of its gas needs. As a member of the Association of Southeast Asian Nations (ASEAN), Thailand is required to abide by the bloc’s non-interference policy, although it has issued sporadic statements of criticism particularly over the flow of refugees across the border.

Up to three million Burmese are believed to be in Thailand, many of whom are migrant workers with little or no legal status who have fled economic ruin and political instability in Burma.

Malaysian Charged with Exploiting 63 Indonesians in Massive Human Trafficking Case

Kuala Lumpur. A Malaysian court charged a man with exploiting 63 Indonesian women who claimed they were lured to Malaysia and forced to work as house cleaners with little or no pay, a lawyer said on Tuesday.
Lee In Chiew, a 49-year-old businessman, was charged in a district court in northern Perlis state Monday with multiple counts of human trafficking, his lawyer K. Kumarathiraviam said.
If found guilty, he could face up to 20 years in prison on some of the counts.
Kumarathiraviam said he believed it was the biggest case of alleged human trafficking brought into Malaysian courts so far. No plea was recorded, and the next court date is Oct. 13, he said.
Authorities rescued the 63 women, together with eight others who have already returned to Indonesia, from Lee’s house in July after three managed to flee and called help.
The women, promised work as maids for 500 ringgit ($160) a month, claimed they were forced to work long hours as cleaners at various houses, mostly without pay, for at least two years. The youngest rescued woman is 17 years old.
Malaysia employs nearly 2 million foreigners, mostly from poorer regional countries, in its construction, plantation, manufacturing and service industries. Many complain of overwork, unpaid salaries and sometimes even physical abuse, but prosecutions have been rare.

This article was reported in the Jakarta Globe on 7 September 2010

Burmese Refugees

By Bernardine KCho ( Former Refugee Volunteer )

          Not only Indonesian Ladies in Malaysia but Burmese Refugees have the same problems they are facing . The employer haired the Burmese Refugees to work for them, but most of them do not get their payment as they promised when they hired. A lot of the refugees do not get their salary for months. Some don't get any payment for 8 months. This shows Burmese Refugees are treating in a way of inhumanity as modern slave. 

           The employer usually call the police to arrest the refugees employed under them when the refugees complains about their payment. What a heart  and charitable minded ! We , Asian are culturally very religious and helpful to others but we need to practice what we believe physically and spiritually. We need to keep the value of our Asian Culture on Humanity.  

Revised Malaysian Law Threatens Anti-Trafficking Efforts

Some of you may remember that in June last year the United States State Department released their Trafficking in Persons Report. In Malaysia, the report caused quite a bit of scandal as the report placed the country in Tier 3, the worst category when it came to the state intervention to prevent human trafficking. Amongst other charges, the report found that: 

‘There were a number of credible reports of Malaysian immigration authorities’ involvement in the trafficking of Burmese refugees from immigration detention centers to the Thai-Malaysian border. Several credible sources reported that immigration officials sold refugees for approximately $200 per person to traffickers operating along Thailand’s southern border. In turn, the traffickers demanded ransom – ranging from $300 for children to $575 for adults – in exchange for their freedom. Informed sources estimated 20 percent of the victims were unable to pay the ransom, and were sold for the purpose of labor and commercial sexual exploitation.’

In response to this report, the Malaysian government led by Prime Minister Najib Rajak rubbished the findings. At the same time, te report findings led to some very minor changes behind scene. These were largely to save face in response to international pressure.

Yet despite the country’s previous denial of the report findings, in July of the year, the state controlled media reported proudly  that the Home Minister Datuk Seri Hishammuddin Tun Hussein had received a letter from US ambassador to Malaysia James R. Keith informing the Malaysia government that they had been promoted to Tier 2. This was subsequently reflected in the State Department’s TIP 2010 report.

United States State Department 2010 TIP Report

Despite this ‘upgrade’, many Non-Governmental Organisations (NGO) and Civil Society Groups (CSO) who work on the ground remain far from impressed at the Malaysia government’s treatment of mobile populations. Amnesty International released a statement just days after the reports surfaced about the ambassador’s letter. The statement reminded the world that: ‘Refugees and asylum-seekers in Malaysia are subjected to arbitrary arrest, detention in appalling conditions, caning, extortion, human trafficking and deportation back to the persecution that they fled.’

This past week has seen another prominent human rights group – Human Rights Watch – again raise attention to Malaysia’s rather appalling record. I have reposted in the statement in fully below.

Having worked on the ground directly with both migrants and refugees, I myself can testify to the awful treatment of mobile populations within the country, and the fact that the Malaysian government has no interest in the rights of these people. It only cares about its own international image and as such I would call on the United States to take a closer look behind these supposed changes.

Human Rights Watch Press Statement– Malaysia: Revised Law Threatens Anti-Trafficking Efforts

(New York September 8^th) – Changes to Malaysia’s anti-trafficking law will undermine efforts to combat human trafficking and reduce protections for undocumented migrants, Human Rights Watch said today in a letter to Prime Minister Najib Razak. Recent amendments to the Anti-Trafficking in Persons Act (ATIP Act) will go into effect in October 2010.

The amendments will harm trafficking victims by making it more likely that they will be treated as undocumented migrants subject to immediate deportation, undermining government efforts to counter trafficking, Human Rights Watch said. The revised law also narrows the legal definition of “human trafficking,” undercutting protections for children and adults who are tricked, rather than forced, into being trafficked.

“If Malaysia wants to end human trafficking, it needs to start treating trafficking victims as victims,” said Phil Robertson, deputy Asia director at Human Rights Watch. “Prime Minister Najib should return the amended anti-trafficking law to Parliament to stop trafficking victims from being re-victimized and to ensure that Malaysian law reflects international best practice.”

International law and practice recognize that “people smuggling” and human trafficking are dissimilar and require different law enforcement strategies. The revised Anti-Trafficking Act incorporates provisions on smuggling that are contrary to Malaysia’s obligations under the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, which Malaysia ratified in 2009.

Any changes to strengthen Malaysian law against people smuggling should be incorporated into the Immigration Act and other legislation focused on border control, not anti-trafficking legislation, Human Rights Watch said.

“Threatening to imprison migrants for people smuggling is a surefire way to push them underground and dry up any cooperation between them and the authorities to combat human trafficking,” Robertson said.

Human Rights Watch also urged the Malaysian government to provide effective protection of the basic rights of undocumented migrants and refugees. The government should permit the office of the United Nations High Commissioner for Refugees timely access to migrants seeking asylum and immediately release from detention all those determined to be refugees.

“With more and more people fleeing desperate conditions and political persecution in Burma, Sri Lanka, Afghanistan, and other countries, it’s critical for Malaysia to be willing to receive and help refugees,” Robertson said.

Two Malaysian gay men win UK asylum

Source: Free Malaysia Today

By Teoh El Sen

PETALING JAYA: Two Malaysian men successfully claimed refugee status in the UK on grounds that they are gays last month despite the low success rates of such claims based on sexual orientation.

The UK had granted the status to the duo -- Seow Shih Yung, 30, from Penang and Wong Yu Xiu, 25, from Petaling Jaya – based on their fear of persecution on grounds of their sexual orientation.

Under Section 377 of the Malaysian Penal Code, in an offence classified as "carnal intercourse against the order of nature", a convicted person may be punished with imprisonment of up to 20 years and also liable to fine or whipping.

"Both were in a homosexual relationship while in Malaysia, and moved to the UK because they feared that they were not able to practise homosexual relationship openly," said their lawyer Uma Devi Rajasundram.
Uma Devi said Seow and Wong went to the UK on a working holiday visa and the former had overstayed and became an illegal.

Seow was caught while working at a Chinese takeaway restaurant in Bristol, Wales. He then claimed asylum at a detention centre as he is a gay and unable to practise homosexual relationships openly in Malaysia.
"Wong then voluntarily claimed asylum on the same ground as he is Seow’s partner," said Uma Devi.
Seow and Wong were granted asylum in early August 2010.

Between 2005 and 2009, the British Home Office had initially refused 98% of all claims for asylum from gays or lesbians, Uma Devi said, quoting a rights group Stonewall in its recent "No Going Back" report.
“In the past, it was very difficult for social groups such as lesbians, gays, bisexuals or transgenders to claim asylum based on fears of persecution (in their home country). It was hard for them to argue and win even with substantial evidence of ill-treatment," said Uma Devi.

The United Nations 1951 Convention on the Status of Refugees provides that members of social groups are entitled to asylum in states that are parties to the convention if they can establish a well-founded danger or fear of persecution if they returned to their home country.

The House of Lords, in a recent test case, had unanimously allowed appeals from two gays, from Cameroon and Iran, against the decision of British officials who had earlier rejected their request for asylum because the former said they could hide their sexuality by behaving discreetly, said Uma Devi.

"The justices said the UK Immigration Tribunal should in future decide whether an applicant was gay and whether he would face persecution if he lived openly in his own country. If this evidence can be established, then the applicant would have a well-founded case for asylum.”

UN to examine detention centres

By Yuko Narushima

THE United Nations is rushing to inspect Australia's far-flung immigration detention centres before the year is out to form an independent view of how they are run.

The United Nations High Commissioner for Refugees regional representative, Richard Towle, said such a systematic tour was unprecedented, with most of its focus so far on Christmas Island, where the bulk of asylum seekers are held.

''We'll conduct our own visits to these various places to get a sense for them ourselves,'' Mr Towle said.

''The combination of mandatory detention, coupled with overcrowding, the suspension of certain cases and slow processing can create a troubling set of factors.''

Immigration Minister Chris Bowen recently announced a new detention centre at Cape York to deal with an accommodation crisis crippling the government. And self-harming detainees on the roof of Villawood detention centre in Sydney last week showed how volatile conditions had become.

The UN's senior protection officer, Ellen Hanson, was already inspecting the Leonora detention camp in the West Australian goldfields yesterday.

''We have long-standing concerns about mandatory detention,'' Mr Towle said. ''Beyond that, we are concerned about the pressure that extended detention places on individuals and communities and families.''

About 100 protesters gathered on the lawns of Parliament House yesterday with similar demands.

News of another baby born into detention on Saturday stirred emotion and the Greens and independent MP Andrew Wilkie promised to work towards an end to mandatory detention.

''Australia cannot feel any pride in the fact that today there are more than 700 children held in a variety of detention facilities around the country,'' Greens senator Sarah Hanson-Young said.

The most recent addition was a baby born to a refugee who can neither be settled in Australia nor found a new home because of adverse ASIO checks.

The woman was among four on the Australian customs boat Oceanic Viking who failed ASIO's assessments but were brought to Christmas Island on the promise of fast resettlement.

Among those at the rally was an ANU politics lecturer who arrived in Australia by boat in 1979. Kim Huynh said his family had fled Vietnam when he was two and spent six months in the Palau Bindong camp in Malaysia and endured a boat journey plagued by pirates.

Iranian refugee Mohsen Rezaie said recent protests at Villawood had brought back memories of his own internment there 10 years ago.

''I want Australians to know us before they judge us,'' he said.

Mr Rezaie said he was involved in the 1999 student movement and left family behind to avoid political persecution. ''I went through all the same things these guys are going through,'' he said. ''It just all comes back.''

The opposition later said Labor could not be trusted to end the crisis in immigration.

Burmese Refugees in Malaysia Find No Safe Haven

Burma has been ruled by military governments since 1962. It holds over two thousand political prisoners, many of whom are Buddhist monks. Oppressive and violent government policies have displaced thousands within the country and created thousands more refugees.

Karen Zusman is an independent, multi-media journalist focusing on Burma. Last year, she wrote and produced the multi-media documentary, Please Don’t Say My Name: The Plight of Burmese Refugees in Malaysia. She spent four months with a small group of refugees in Kuala Lumpur, Malaysia’s capital. The stories she recorded put faces and voices to the U.S. Senate Department of Foreign Relations' 2009 report that the Malaysian government has been complicit in trafficking Burmese refugees.

Though trafficking has decreased in the past year, Karen wants the Malaysian government to be held accountable for the way they are treating refugees. Her most recent work with for the Pulitzer Center for Crisis Reporting reveals the way Malaysian police and Immigration treat Burmese refugees - through immigration raids, poor conditions in detention camps, and even extorting money. Karen has also produced reports on refugees in Malaysia for World Focus.

To view this audio as it ran, click here.

UNHCR Affiliates Accused of Refugee Corruption

By KO HTWE

KUALA LUMPUR—Several Burmese organizations in Malaysia, which are affiliated with the United Nations High Commissioner for Refugees (UNHCR), are selling resettlement registrations for profit to refugees, according to victims of the scheme and witnesses in the Malaysian capital of Kuala Lumpur.

The groups in question include the Chin Refugee Committee (CRC), the National League for Democracy (Liberated Area) Malaysia (NLDLA), the Burma Refugee Organization (BRO) and the Arakan Refugees Relief Committee (ARRC). But sources say other affiliated groups, including several ethnic representatives, are also involved.

Burmese refugees protest in front of the UNHCR offices in Kuala Lumpur in 2009. (Photo: AFP)

Earlier this year, the UNHCR began delegating the authority for issuing resettlement registration documents to Burmese groups based in Malaysia. Refugees who are recommended for resettlement by the agencies are then interviewed by the UNHCR. The exception is the CRC, which was first authorized to register its people for resettlement in 2001.

The UNHCR began issuing registration documents for Burmese refugees on Aug. 17 in a process that ended on Sept. 19. According to the sources, some 6,000 refugees from Burma were recommended for resettlement during that period. 

Speaking to The Irrawaddy, Ko Maung, a member of both the BRO and NLDLA, said, “I became a member of two organizations doing business with the Burmese refugees. I have paid a so-called 'membership fee' of 60 Malaysian Ringgit (US $20) per month to each group for one year now. But when the UNHCR began registering refugees, I was overlooked for others who had paid more money.

“I’ve no document to live in Malaysia,” he added. “I am frustrated that the UNHCR passed responsibility [for the registration process] to other organizations and that it is not involved directly with the refugees.”

Possession of UNHCR registration documents are highly prized among Burmese refugees in Malaysia because it offers them some protection if they are arrested by the Malaysian authorities. Registered refugees also qualify for half-price medical services at several local hospitals.

Fees to register with brokers such the CRC, the BRO and the NLDLA have gone up since the process began from 310 Ringgit ($100) to 700 Ringgit ($225), say sources. In each case, the Burmese groups then promise to put the paying refugees on a priority list with the UN, the sources said.

“I heard that the BRO was charging 500 Ringgit ($160) to register a refugee while the NLDLA was charging 700 Ringgit,” said Sunny, a Burmese migrant worker who came to Malaysia with a work permit. “I cannot decide whether I should register or not.”

Burmese refugees who are registered for resettlement by the UNHCR frequently wait for up to one year or longer for resettlement toa third country.

“In general, many Burmese migrants think that the Malaysian-based NLDLA is organizing a boycott for the upcoming election, but what they are really doing is cheating money out of people who want refugee registration.” said Kyaw Htoo Aung, a social worker who works with illegal Burmese migrants. “I cannot stand it. I have interviewed victims of the scheme and posted their testimonies on my blog.”

Both the NLDLA and the ARRC refuted the accusations when contacted by The Irrawaddy. The BRO said it has no spokesperson who can comment on the matter.

Ethnic Burman and Arakanese people were not recognized as “refugees” by the UN until this year. About 50 Arakanese protested on June 6 outside the UNHCR office in Malaysia, saying the UN was discriminating between different Burmese ethnic groups and religious affiliations.

Yan Naing Tun, the editor of Thuriya, a bi-monthly journal based in Kuala Lumpur, said, “The UNHCR give first priority to Chins and Rohingyas. They discriminate against other ethnicities. It has become very difficult for real refugees to get registered.

“As far as I can remember, the UNHCR employed a Chin translator when it started the operation,” he added. “However, they did not employ translators for other ethnicities, including Burmese.”

The UNHCR did not respond to the accusations when contacted by The Irrawaddy.

The CRC said that in 2001 several Chin leaders urged the UNHCR to grant refugee registration to their people and that the process began that same year. It said that between June 2009 and March 2010 some 10,000 to 15,000 Chin refugees were registered with the UNHCR.

Speaking to The Irrawaddy on Friday, Kennedy Lal Ram Lian, the coordinator of CRC, said, “There are so many registered [Chin] refugees that we cannot monitor them all. We had to form a subcommittee.”

He added that the CRC did not collect money for registration from the refugees, only a fee for transportation, phone calls and expenses—about 30 Ringgit ($10) per person.

However, according to several of those who consider themselves victims of the scheme, a person who wants to get refugee status through the CRC must pay at least 3,500 Ringgit ($1,133) to cover the entire process. They told The Irrawaddy that others pay the minimum fee, which is 1,200 Ringgit ($390), just to register with the CRC.  

“The CRC told me it was worth paying the full [3,500 Ringgit] fee because it would guarantee me a place on the resettlement list,” said Ko Aung, who spoke on condition of a pseudonym. 

The Malaysian government has cooperated with the UNHCR on humanitarian grounds since 1975 even though Malaysia has not signed the “UN Convention Protocol Relating to the Status of Refugees.” Burmese refugees have since been sent to third countries including the United States, Canada, Australia, France, New Zealand, Sweden, Finland, Denmark and Norway.

According to the Malaysia UNHCR website at the end of August, there are some 90,300 refugees and asylum-seekers registered with their office; of which about 83,000, or 90 percent, are from Burma. Of that number, about 38,500 are Chins, 19,700 are Rohingyas, 7,400 are Burmese Muslims, 3,900 are Mon, and 3,500 are Kachins or from other smaller ethnic minorities.

Source : www.irrawaddy.org

Refugees struggle with freedom

By CEANA PRIEST - Waikato Times

 Arriving as a refugee from Myanmar, Robert Dal feared the New Zealand police – and four years later, he says, he still struggles to express his opinions freely.

His comments come as the first batch of refugees from his home country, formerly known as Burma, is set to arrive in Hamilton. Though Mr Dal settled in Auckland, he said he understood the challenges each family would face.

He spoke at a workshop hosted by Refugee Services Aotearoa at the Waikato Migrant Resource Centre last week in preparation for the refugees' arrival in October.

"It will take a certain period of time for them to understand the concept of freedom of speech," he said. "Even for me, it would be hard to go into town and loudly say `hey, this is my opinion'."

Another Myanmar refugee, Amanda Aye – a volunteer team leader for Refugee Services Aotearoa – said the move to Hamilton would be unsettling.

"They will consider themselves extremely lucky to arrive here into safety, peace and stability but that is such a difference to where they have come from. It will be quite a shock – they are used to a lot of crisis and trauma."

The four families received refugee status by the United Nations after fleeing to Malaysia from Myanmar, to avoid persecution.

They were subjected to slum conditions in a Malaysian urban refugee centre before arriving in New Zealand.

Refugee Services Waikato manager Rachel O'Connor said they had beaten the odds to receive refugee status.

"There are around 11.4 million people who have refugee status with the United Nations High Commissioner for Refugees and only 0.5 per cent will ever be selected for resettlement. The UNHCR oversees around 60 million people of concern around the world.

"The average time in a refugee camp is about 18 years."

The families will spend six weeks at the Mangere Refugee Centre learning English and New Zealand culture, and having medical checks, before their move to Hamilton.

Ms O'Connor said their arrival was exciting for the organisation.

"So far it has been a wonderful challenge for us getting prepared," she said. "We have been learning new greetings and beginning to understand the level of persecution they fled from."

Hamilton-based volunteers will support the families' integrate into the community.

Ceana Priest is a Wintec journalism student

Journalists rewarded for news coverage in Southeast Asia

Kyrgyzstan News.Net
Monday 27th September, 2010

Reporters from Radio Free Asia’s Vietnamese and Myanmar services have been awarded gold and bronze medals respectively at this year’s New York Festivals.

Both winning entries produced pieces exploring the issue of human trafficking in Asia. Additionally, broadcasters from RFA’s Mandarin and Korean services were named as finalists by the competition’s judges.

“The honors bestowed on Radio Free Asia at New York Festivals showcase the journalistic excellence for which our news services consistently strive to achieve in some of the world’s toughest media environments,” Libby Liu, President of RFA said Monday. “Two of our winners reported on the trafficking of women and migrants in Asia, and we hope this recognition underscores the need to continue informing our audience and the world about this prevalent and nefarious issue.”

“We at RFA pledge to continue bringing accurate, objective news to people living in Asian countries that restrict and censor the press.”

Broadcaster Khanh An of RFA’s Vietnamese service earned the top award in the category of Best Ongoing News Story for her three-part series “A New Form of Women Trafficking.” The series, which aired in March 2010, documented an incident of a Vietnamese woman being trafficked to Europe. The series examined some of the local factors and people and their roles in facilitating the woman’s victimization.

RFA Myanmar (Burma) reporter Kyaw Min Htun won a bronze award in the category of Best Coverage of Ongoing News Story for his stories on the human trafficking of Mynamar (Burmese) refugees and migrants in Malaysia, which aired from January to May of this year. For his stories, the reporter interviewed ethnic Rohingya migrants, seeking asylum in Malaysia after being subjected to persecution in Myanmar. Many, however, once in Malaysia, faced exploitation by human-traffickers, abusive employers, and corrupt officials.

Park Songwu of RFA’s Korean language service, was a finalist in the NYF category of Best Human Interest Story for his four-part series on North Korea’s youngest defectors. The series focused on the difficulties and challenges these individuals face once living in South Korea.

RFA Mandarin’s Tang Qiwei was also a finalist in the NYF History category for her piece on the 20th anniversary of the Tiananmen Square protests, which aired on June 4, 2009. The short audio documentary, which was edited by Feng Xiaoming, used interviews with many leaders, activists, and officials involved with or connected to the Beijing student-led demonstrations.

Partners Relief and Development assists Myanmar refugees

 

 

Courtesy Photo | Partnersworld.orgAccording to the Partners Relief and Development website, this is Zing, a 27-year-old from a people group called Pah Oh. He fled three years ago from Burma to Thailand with his wife, Wan. 

The 9-year-old girl runs for her life. She and her family are fleeing from soldiers driving them and fellow villagers from their homes.

At the top of a hill, soldiers kill her father and grandmother and shoot her in the stomach. She survives but must hide in the jungle with her mother and siblings.

A scene from a movie? No, a real event in Myanmar — formerly known as Burma — and a chillingly common one.

“It happens all the time,” writes Oddny Gumaer in “Displaced Reflections,” a photo chronicle of Burmese refugees. “I wonder why it keeps happening and the story never gets told.”

After hearing her and her husband, Steve, describe the horrors of Myanmar, I wonder, too.

They tell of a medieval dictatorship systematically slaughtering the country’s ethnic minorities and selling their children into the military.

“They are brutal,” Steve told me some time ago on a stop in Grand Rapids. “The people we work with get killed all the time. If you don’t play along with the will of the regime, you are dead — and your wife is raped.”

He and Oddny, along with a few dozen indigenous staff, wage a David-versus-Goliath battle to help a people routinely raped, routed from their homes, tortured and killed. This is the norm in Burma, which its military dictators renamed Myanmar in 1989. Many refuse to recognize the name, including the Gumaers.

Their Christian nonprofit, Partners Relief and Development, works with thousands of the estimated 1 million internally displaced Burmese as well as refugees in neighboring Thailand.

They have support in West Michigan but could use more. Discovery Church, a Christian Reformed congregation in Cutlerville, lends financial and prayer support. Church member Sid Jansma Jr., chairman of Wolverine Oil and Gas, and his wife, Sharin, are strong supporters, taking their cue from the biblical call to lay down their lives for others as Jesus did for them.

“They’re the only group I know of putting themselves at risk to help their brothers for a Christian reason,” Jansma says of Partners Relief. “We felt convicted by the Holy Spirit to do the same thing.”

Jansma went to Burma last year, crossing the border at night and hiking into jungle camps for displaced people. A Burmese guide cared for him after he dislocated his shoulder on a mountain. He was impressed with the schools, food supplies, medical facilities and the gospel teachings that Partners provided, and with the resilience of the Burmese people.

“I was touched by their smiles, their optimism. This is a group of people that does not give up.”

A lesser people would have given up long ago. Pro-democracy forces have been under assault since 1990, when the military refused to recognize a democratically elected party and its leader, Nobel Peace Prize recipient Aung San Suu Kyi. The government brutally put down 2007 protests led by Buddhist monks and since has raided homes and monasteries to arrest activists. Kyi remains under house arrest.

Surrounded by India, China and Thailand, Burma came to the world’s attention in 2008 when Cyclone Nargis killed more than 80,000 people. The government made things worse by hindering international groups from providing aid.

But the headlines are nothing compared to what goes on in the villages and jungles. More than 3,500 villages have been destroyed, according to Partners. Soldiers plant land mines to prevent villagers from returning and use rape as a weapon. Steve Gumaer calls it “the most corrupt country on Earth,” rich in resources but reduced to poverty by its military rulers.

“Their pure and simple ideology is greed,” says Steve, who lives in Norway and Thailand. “They are fantastically rich and they’re not going to let go.”

But neither are the Gumaers and other aid groups, such as Free Burma Rangers. Partners provides schooling for more than 65,000 children and health clinics and agricultural training for people on the run. They also lobby for international political action against human-rights violations.

“God is in hot pursuit of these people,” Steve Gumaer says. “He wants to show them he’s alive.”

God could use some help from people showing the Burmese that they care.

E-mail Charles Honey: honeycharlesm@gmail.com

UMNO is financing the Burmese Junta

By John Doe 

My trip into Burma was riddled with sadness. The general population live below the poverty line, and food, if any, scarce, and expensive. Fuel costs drive prices high, while healthcare, and medical services are almost non-existent. More than 35% of the Population has Fungal problems, and nearly 1.1% of the Population is HIV positive. Lack of education, and lack of any real infrastructure has driven the general well-being of the Populace spiraling downwards.

Yangon looks and feels like one big slum, and a stroll in the city of 5 million people, would either leave you completely covered in dust, or mud, depending whether it rains or not. In fact, you get to see more mud and dirt, than tarred roads in the heart of the (former) capital city.

The Junta limits "Tourists" to "Sanitized Zones", thus severely limiting the opportunity to visit the Nuclear Plants which are being built just outside Napydaw, and 3 other locations. (Napydaw, by the way, is like the PutraJaya of Malaysia) Despite sanctions against the Junta, the Military Leaders continue to relish in great wealth, and are able to splash US$50 million on the wedding of this fat girl.

Watch the full video here: CLICK ON THIS LINK. The above video, is part 1 of 24.

No UMNO person is even capable of a wedding at this kind of cost. No Ketuanan has even come close to spending that amount on their daughter's wedding. Isn't it shy that Ketuanan Burma outshines Ketuanan UMNO? Even worse, UMNO is helping the Junta sell their oil to China. They have been actively repairing the oil lines which feed the richest Oil Wells in Southeast Asia (yes, beating Brunei) to China. And now even the North Koreans are getting into the Burmese Game, by now supplying parts for their Nuclear Plants. The North Koreans use an overland route through China, to bypass any ships which may be stopped by the Embargo.
     
The above picture shows the plant, and the one on the right shows a bunker entrance.

UMNO (via Petronas), The North Koreans, and the Burmese Junta are now new bedfellows. The three are now masturbating each other's Ketuanan. Despite Sanctions, the new bedfellows are now under Ketuanan Cheena as well. You see, China is the main buyer of Burmese oil. Once the pipes enter China, who's to know where it goes? This pipeline is constant attacked by the Shan Liberation Army. And Petronas diligently repairs it all the time for the Junta.

Read here:
http://business.timesonline.co.uk/tol/business/columnists/article2577826.ece

Also read here:
http://www.upstreamonline.com/live/article204406.ece

"Two existing operations, one managed by France's Total and the other byMalaysian state oil company Petronas, provided Burma with about US$1 billion in revenues in 2005..." This US$1 Billion goes nicely to finance the 400,000 Military Troops of the Junta. As well as the Nuclear Weapons which is being built right now.

"They are funding the dictatorship," said Marco Simons, US legal director at Earth Rights International, an environmental and human rights group with offices in Thailand and Washington. "The oil and gas companies have been one of the major industries keeping the regime in power."

The Documentary to watch is here:
http://www.youtube.com/watch?v=dkT7EFSNyKE&feature=channel

The BBC Report is here:
http://www.bbc.co.uk/news/10236381

Now, Petronas is mainly government-owned, and by extension, public-owned so this can be interpreted as the Malaysian public giving support to the Myanmar military regime. Not the best scenario, if any Malaysian is to hold their head high anywhere.



The Junta is also showing UMNO how to run it's Government. Firstly, the November 7th Polls are openly declared as "FREE AND FAIR" by the Junta. They have now officially banned Daw Aung San Su Kyi's ENTIRE Party from running. Hence, the Junta will be the ONLY Party standing for elections. The Junta welcomes ALL International Media, and Embassies to witness the OPEN-COUNTING of the votes. Since every single Candidate is from the Junta, there is absolutely no fear of losing this elections. UMNO should learn from this idea. (There is absolutely NO NEED to bring out the mattresses) The Ketuanan Junta still has more Ketuanan than ISA.

Also, should anyone protest (like in 2009), then perhaps they should watch this 10-part Documentary on how the Junta deals with dissatisfied Opposition. Yes, even if they are Monks. And since the Junta are Buddhists, they believe that they have helped these monks achieve their Nirvana by expediting their death. Watch this part 1 of 10:
|http://www.youtube.com/watch?v=AEwPqNMZIhg

As a result of this, the Malaysian and her Burmese bedfellows have "agreed" to rid themselves of their problems, "so that it is mutually benefiting.." In short the US Senate Report issued on the 3rd of April (click here) details how Malaysian Officials have been selling these Refugees. The Burmese Junta has many times thanked UMNO for getting "rid of their problems". Another Video has highlighted the many numerous official news report (censored in Malaysia) (Click HERE)



The above picture show the RELA detaining Burmese Refugees before they are sold to Human Traffickers in Thailand.

The men will sell for around US$200, the women, US$300, and children are most valuable, because they can be sold as human spare Parts, go for US$400 each.Children are much preferred for organ-harvesting, because they are relatively disease-free. Their Corneas, Livers, Spleen, Heart Valves, etc are much sought after on the black-market. Most recipients never know the identity of their "donors" anyway, as the transactions kept hush-hush.

Al Jazeera has just recently run this other report (Sept 4th 2010) on how it is better for the Burmese to live in a Rubbish Dump, than to live in Burma. This report also states how people are forced to pay the Junta, monthly Bribes, or risk their children being taken away.
Watch it here:

http://www.youtube.com/user/AlJazeeraEnglish#p/search/0/AqsinmogtqY

Dear Malaysians. Your current Government is helping perpetuate these crimes against Humanity. Being anti-UMNO may be seen as being anti-Government. But once UMNO collapses, then you instantly become Pro-Government. Why are sitting on your butts, hoping that someone else would do the work for you? Is this not your country? Tell me. When would it be your turn to "jump" out of the 14th floor then? For now, Burmese blood is on your hands. Petronas is financing this Regime. Stop this madness now. Malaysia severely needs a change of Government!

EDITORIAL: Accepting refugees

Asahi Shimbun

Five ethnic Karen families comprising 27 people who fled Myanmar (Burma) and have been living in a refugee camp in Thailand will arrive in Japan on Tuesday to start a new life.

They represent the first batch of refugees that Japan will accept under a third-country resettlement arrangement.

Under this resettlement option, refugees who have fled their homeland because of conflict or oppression to a neighboring country may legally travel to and settle in a third country.

Japan plans to accept up to 90 refugees over three years under this formula.

There are an estimated 15 million refugees around the world. From a humanitarian viewpoint, countries that are at peace and enjoying prosperity have a moral obligation to provide shelter and protection for these people. But the number of people who come to Japan on their own to seek asylum and are recognized as refugees has totaled no more than several dozens per year.

Will the resettlement of Karen refugees lead to a major change in Japan's traditional reluctance to accept refugees?

The five families will spend their first six months in Japan learning the Japanese language and customs at a training center while living in apartments in Tokyo. Job placement services will also be offered to them. But half a year of orientation may not be enough for foreign families arriving in Japan for the first time.

There are limited job opportunities for foreign nationals without much knowledge of Japanese. Even if they receive support from the Burmese community in Japan, the Karen families will face a tough time landing on their feet.

In European countries that accept hundreds of refugees every year for third-country resettlement, local governments are actively involved in efforts to help them settle down in the local community.

The United States, which accepts tens of thousands of refugees annually, offers only a one-month orientation, but well-financed nongovernmental organizations (NGOs) provide solid support for refugee communities.

Japan should also establish a system to aid refugees based on the viewpoint of human development. The system should ensure cooperation among local governments, NGOs, businesses and educational institutions to provide long-term support so that each refugee can achieve his or her full potential.

Unless such a system is established, the hopes of the 27 refugees will soon turn into disappointment.

The government provides more than 10 billion yen ($118 million) each year to help refugees overseas, including those from Afghanistan. It would do good service to the cause if a portion--even a few percent--of that money went to support refugees in Japan.

The government has not been very kind to people who come to Japan for protection. The procedure to be recognized as a refugee is lengthy, and woefully insufficient livelihood support is provided by the government while people wait for recognition. In recent years, an increasing number of asylum-seekers have been placed in holding facilities, adding to their anxiety.

Japan is not a popular destination among people living in refugee camps because of the prospect that they will face a great deal of difficulty here without any guarantee of a better life. On the other hand, every week several hundred Burmese refugees travel to North America for resettlement via Narita Airport in Chiba Prefecture.

The "Japan passing" by refugees is a national disgrace to this Asian industrial country.

The administration of the ruling Democratic Party of Japan clearly needs a new unit in charge of promoting policies to accept refugees. Ministries and agencies concerned have been trying to shuffle off responsibility onto one another, and the current situation looks like an attempt only to develop a track record on accepting refugees using the third-country resettlements.

With its population of children declining, Japan needs to tackle such questions as what kind of immigrants it should accept and how it should try to improve the environment for their life in Japan.

At the heart of the refugee issue is the lack of a national strategy for making Japanese society more open to outsiders.

The Threat to Burma's Environment

Written by Our Correspondent

Friday, 17 September 2010

NGOs charge multinationals with wrecking the ecosystem in the search for resources More than 20 mega-dams are being constructed or planned on Burma's major rivers, including the Salween and Irrawaddy, by multinationals without consulting local communities, a wide range of NGOs charged in a statement Friday. In addition, the group charged, mining, oil and gas projects are creating severe environmental and social problems. Several papers are to be delivered on Sept. 18 in an all-day seminar in Bangkok on the impact and consequences of overseas investment in large-scale projects in Burma that say as many as 30 companies from China alone are investing in dam projects on the two rivers. The NGOs include Towards Ecological Recovery; the Thai Action Committee for Democracy in Burma, the Shan Women Action Network; the Pa-O Youth Organization, Arakan Oil Watch, the Human Rights Foundation of Monland and the Burma Rivers Network. On the Salween, according to the group, Thai, Burmese and Chinese investors are planning to build at least six dams, including the Ta Sang and Hutgyi dams, which will produce electricity to be sold to the Asean power grid. "It has been well documented that dams in Burma exacerbate conflict, cause forced displacement and threaten biodiversity," the group said in a prepared release. "Several Asean actors, including from Thailand, Malaysia and Singapore, are involved in gas exploration and extraction in Burma. The Yadana and Yetagun gas projects, which provide fuel for 20 percent of Thailand's electricity, have been linked to forced relocation, forced labor, torture and extrajudicial killings." In addition, the activists said, South Korean, Indian and Chinese companies are financing and constructing new trans-Burma oil and gas pipelines that have already led to the loss of peoples' livelihoods and various forms of violence. Large-scale mining of coal, iron and other minerals and gems by foreign investors is devastating areas of agricultural importance and rich biodiversity. Thai companies are planning to import 1.5 million metric tons of lignite annually for 30 years from Mong Kok, an active conflict zone in eastern Shan State, while Russian and Italian companies are involved in a massive iron mining project that will displace thousands of people and pollute agricultural waterways near the Shan capital of Taunggyi. Currently, the largest foreign investors in Burma are Thailand, Singapore, China and the UK, according to the release. "As the largest investor, Thailand invested a total value of US$7.4 billion in 59 projects during the period 1989 to 2008, equivalent to 47 percent of the total foreign direct investment in Burma," the group said. "The UK and Singapore ranked as second and third largest investors, investing US$1.86 billion in 17 projects and US$1.5 billion in 71 projects respectively." China is also emerging as major investor in Burma, with US$1.8 billion invested as of January 2009. Most of the benefits go to the Burmese military regime and investing companies, while the people of Burma gain little, the group argued. In Burma, they said, "there are no accountability or transparency mechanisms. " "The social and environmental costs of these projects are borne disproportionately by the most vulnerable groups of people living near the projects, including women and indigenous peoples, and have caused increased flows of refugees and migrants to neighboring countries." The group called on the international community, particularly Asean, to recognize the social and environmental threat from the development. "Asean needs to review its heavy focus on trade and investment, recognize the differing political and economic situations of Asean member countries," the group said, "and promote equal benefit-sharing and sustainable development, especially with regard to the region's shared natural resource base." The group also called on Asean to develop an effective legal framework that requires full corporate social and environmental accountability to reduce the social and environmental consequences of their investments in natural resource extraction projects, including large-scale hydropower dams, and mining, oil and gas project as well as to develop an extractive industry framework to guide member countries; governance of their resources.

Trafficking: Suspend new provisions of Atip Act

Dear Prime Minister Najib Abdul Razak,

Human Rights Watch writes to express serious concern about amendments to the Anti- Trafficking in Persons Act 2007 (Atip Act) that was approved by the Malaysian parliament in August and scheduled to take effect in October. We are concerned that the amendments conflate the serious rights abuse of human trafficking with the immigration violation of people smuggling.

As a result, front-line law enforcement officials will inevitably treat trafficking victims as undocumented migrants subject to immediate deportation, undermining government efforts to counter trafficking and risk exposing trafficked persons, abused migrants, and refugees to further rights violations. We are also concerned that the amendments narrow the legal definition of human trafficking, and by the amended law's failure to include any mechanisms to protect the rights of migrants conveyed by 'people smugglers.'

Should Malaysia wish to strengthen the law against people smuggling, but preserve protections for trafficked persons, the government should rescind all amendments to the Atip Act that relate to people smuggling and revise the Immigration Act and other legislation focused on border control. This would ensure that there are separate legal frameworks for dealing with human trafficking and with people smuggling.

Human Rights Watch monitors human rights in more than 90 countries worldwide. We have conducted in-depth research on human trafficking and forced labor since 1993 in such countries as the US, Saudi Arabia, Guatemala, Guinea, Indonesia, Singapore, Sri Lanka, Thailand, and the United Arab Emirates, as well as Malaysia. We have also encountered the practice of people smuggling in various regions of the world, and documented the abuses suffered by migrants and refugees alike at the hands of people smugglers. Our comments below are drawn from our extensive experience in documenting human trafficking and people smuggling around the world and in identifying strategies to address these serious problems and improve the protection of vulnerable individuals.

We include with the discussion of each issue specific recommendations for the Malaysian government.To prevent future abuses we urge that the recommendations be implemented before the Atip Act amendments go into effect in October.

Separate people smuggling from human trafficking - our principal concern with the amended Atip Act is that it conflates two distinct problems, human trafficking and people smuggling. This unfortunate and ill-considered change in government policy was achieved by the insertion of a new crime of 'smuggling of migrants' into new Part IIIA of the Atip Act, essentially criminalizing the facilitation of irregular migration into or out of Malaysia. International law and practice recognize that smuggling and trafficking are dissimilar and require different law enforcement strategies.

To reflect this, two separate protocols were added to the United Nations Convention against Transnational Organized Crime, specifically the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (UN Trafficking Protocol), which Malaysia has ratified, and the Protocol against the Smuggling of Migrants by Land, Sea and Air, which it has not. Each protocol creates a separate international framework for what are two distinct problems, and each supports a different police response.

The Atip Act amendments reveal the faulty assumption that the crimes of smuggling and trafficking are so closely related that tackling one will help to prevent the other. But international best practice in implementing anti-trafficking efforts demonstrates precisely the opposite: focusing on smuggling is likely to damage efforts to counter trafficking because it shifts the emphasis from countering exploitation of individuals, the hallmark of trafficking, to controlling immigration, thus effectively undermining identification and protection of human trafficking victims.

UN officials and non-governmental organizations in the region have repeatedly identified victim identification and protection as a weak link in Malaysia's anti-trafficking efforts. Human trafficking, as defined under international law, involves the use or threat of force or other forms of coercion and the giving or receiving of payments or benefits for the purpose of exploitation. It occurs not because people can enter Malaysia illegally, but because of exploitation and the difficulty faced by trafficking victims to come forward to report the crime. Trafficking is more closely related to violence against women, child abuse, and severe exploitation of forced labor than it is to irregular migration. Many trafficked people enter destination countries on valid visas or are nationals trafficked internally.

While people smuggling is a violation of a state's immigration laws, human trafficking is better understood as a series of human rights abuses that occur continuously against an individual over a period of time. Ending human trafficking and reducing irregular migration require different skills and diverse strategies. First and foremost, the legal framework for taking effective action against human trafficking needs to recognize that identifying and assisting victims of trafficking is critical to prosecuting a crime that is heavily dependent on evidence from eyewitness testimony. Traffickers often tightly control trafficked persons' movements and seize their passports and other personal identification documents.

Trafficking victims may not know how or where to access help to escape their situation, but unlike irregular migrants, they seek and need external assistance to escape their predicament. Post-rescue best practice emphasizes a 'victim-centric' response. Law enforcement officials must gain the trust of trafficking victims in order to provide assistance to support victims' physical and mental recovery, to ensure their protection from retaliation by traffickers, and to persuade them to testify in complex trafficking prosecutions. But when human trafficking is conflated in law with people smuggling, the frequent result is that front-line law enforcement officials fail to identify trafficking victims and instead treat all persons detained as undocumented migrants, subject to immediate deportation.

Experience in many countries has also shown that cracking down on irregular migrants can increase traffickers' ability to control and intimidate their victims who, fearful that seeking help will lead only to arrest and deportation, remain silent. Furthermore, front-line police and immigration officials become confused about the difference between trafficking victims and irregular migrants. In Malaysia, such confusion may be compounded in instances where local civilian and emergency responders from Ikatan Relawan Rakyat Malaysia (Rela) are given duties in immigration enforcement for which they are neither adequately trained nor sufficiently concerned to identify trafficked persons.

Recommendation: Rescind all provisions on people smuggling in the amended Atip Act. Any revisions to the law against people smuggling should be achieved through amendments to existing law, such as the Immigration Act, or on passage of a new law that focuses solely on people smuggling. The government should ensure in its public pronouncements and programs not to conflate human trafficking with people smuggling.

Amend the Definition of Trafficking in the Atip Act - The definition of trafficking in the amended ATIP Act has been narrowed considerably and no longer complies with international law. The new definition limits the crime to those situations in which a person is exploited by means of 'coercion.' Coercion is defined in the Atip Act as use or threats of physical harm and 'the abuse of the legal process.' This is inconsistent with the UN Trafficking Protocol, which states that trafficking includes not only cases of coercion, but also 'of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person' (article 3).

This broader definition covers in particular cases of child trafficking where adults use their power over children to force them into exploitative work and prevent them from escaping. It is also essential to effectively prosecute traffickers who abuse adult victims by using fear, psychological manipulation and spiraling debt to prevent the victim from seeking help. The law's exclusion of these situations from the definition of human trafficking will exclude many trafficked persons from the protection of the Atip Act.

Recommendation: Amend the definition of human trafficking in the Atip Act to bring it in full compliance with international law, as set out in the UN Trafficking Protocol, by listing all the means of coercion and exploitation listed in the protocol.

Provide comprehensive protections for migrants - The amended Atip Act specifically excludes smuggled migrants from any protection or assistance guarantees unless 'the smuggled migrant is a trafficked person' (new Section 41A), completely discounting the needs of smuggled migrants. Migrants who arrive with the help of smugglers may experience assault, robbery, deprivation of liberty, rape or even death at the hands of smugglers, but may nevertheless not fulfill the definition of being a trafficked person if the smuggler does not coerce the person for purposes of exploitation, as defined in the UN Trafficking Protocol, such as for prostitution, other forms of sexual exploitation, or forced labor.

They may need emergency health care, including maternal and child health. They may require legal advice and support, and should have an opportunity to access justice and seek a remedy for abuses they have suffered. Effective prosecution of people smugglers will ultimately require the voluntary assistance and testimony of the migrants who have been smuggled. The amended Atip Act will allow law enforcement authorities to take measures unrelated to trafficking, such as to arbitrarily detain migrants, to interrogate them about smuggling networks, and to charge them with giving support to people smugglers because they paid for their own journey.

Giving support would even include renting a conference facility for a meeting about undocumented migration. Penalties for the broadly-defined crime of supporting people smuggling are draconian and roughly approximate to those given for human trafficking. For instance, under new article 26F, a person providing 'any premises, room, or place' for the purposes of committing a people smuggling offense is subject to receive up to 10 years in prison and a fine. New article 26H criminalizes the actions of any person who 'conceals or harbors, or prevents, hinders, or interferes with the arrest of any person knowing, or having reason to believe that person is a smuggled migrant,' offenses subject to up to 10 years in prison and a fine.

We also regret that there are no provisions that guarantee humane treatment of smuggled migrants during interception, detention, and deportation proceedings, or that require police and immigration enforcement officers to treat migrants humanely in accordance with international law.

Preventing human trafficking in the future requires a clear and effective legal framework that recognizes and encourages the contribution of undocumented migrants in reporting incidents of human trafficking and in cooperating in the prosecution of traffickers. However, the amended Atip Act will engender fear among migrants, and likely erode nascent cooperation between migrants and anti-trafficking advocates and law enforcement officials.

Recommendations: In addition to removing people smuggling from the Atip Act, revise people smuggling laws to protect the rights of undocumented migrants. Ensure that migrants whose lives or safety have been endangered by smugglers have access to medical care and to justice. Ensure that any law criminalizing smuggling requires officials to treat migrants humanely, and that effective measures are taken to train police and immigration officials.

Ensure respect for non-refoulement obligation - Many individuals smuggled into Malaysia are refugees and asylum seekers fleeing persecution. Malaysia is the destination for the fourth largest number of asylum-seekers globally, with the UN High Commissioner on Refugees (UNHCR) registering 40,000 new asylum applications in 2009. The anti-smuggling amendments to the Atip Act do not recognize the unique needs of refugees and asylum seekers. This omission risks increasing the possibility that refugees will be detained and deported to places where they face further persecution or where their lives or freedom may be threatened in violation of Malaysia's non-refoulement obligations under international law.

Recommendation: Amend the Atip Act to ensure that UNHCR is provided with timely access to all smuggled migrants so that refugees and asylum seekers among them have the opportunity to file asylum claims. Ensure that persons held in detention centers have access to refugee status determination procedures so that refugees can be identified and released, and not returned to places where they face persecution.

Human Rights Watch has serious concerns that the amended Atip Act risks undermining efforts to counter trafficking by subsuming it into efforts to control irregular migration. We also are concerned that the newly revised law excludes many vulnerable trafficked persons from protection and ignores the protection needs of migrants and refugees. We urge that implementation of the new provisions of the Atip Act contrary to international law be suspended and that the government promptly revise the law to remove provisions related to people smuggling and restore to it a definition of trafficking that meets international standards.

Human Rights Watch appreciates your immediate attention to our comments and recommendations. We welcome the opportunity to discuss these matters further with you or your representative.

The writer is deputy director, Asia Division, Human Rights Watch.

Source : malaysiakini.com