Human Trafficking In Malaysia Part 1 BRIEF OVERVIEW OF HUMAN TRAFFICKING AND THE ILLEGAL COLLUSIONS Human trafficking victims were drawn by promises of lucrative jobs or settlement in third country via Malaysia, and some of these victims were brought in masquerading as workers/students/professionals. They never received employment contracts at all, or they were made to sign the employment contract just before they departed from their home country or made to sign after their arrival in Malaysia. It is typical that the prospective victims, workers/students/professionals/transitters pays (IDR 5 to 15 million equivalent to MYR 2000 to MYR 6000, Bangladesh BGDTk 180,000 to BGDTk 220,000 equivalent to MYR 8,000 to MYR 14,000, India MYR 7,000 to MYR 9,000, Pakistan MYR 7,000 to MYR 9,000, Nepal MYR 7,000 to MYR 9,000, Chinese Women employed as masseur MYR 14,000 to MYR 20,000, Afghanistan USD 10,000 to USD 15,000 ) to the recruiters/agents/third party employers/bogus employers/outsourcing companies/private colleges masquerading as bona fide recruiting agents of receiving country or agents of third country i.e. Australia, Canada, United States or Europe. The Ministry of Home Affairs are giving approvals to those who wish to bring in foreign workers even without ready employment at their whim and fancies, even to their knowledge those applicants are human traffickers. These victims raised the money through borrowings or loan. Victims for labour exploitation of the receiving country, Malaysia, left with no options and become slaves, even though they realized they had been exploited. The need to pay their debts limit their choices and they find themselves in a situation akin to debt bondage. They had no choice but to work against their will, locked in their work place, threatened with violence and denunciation to authorities because of their unclear status (masquerading as students or professionals) or their passports were withheld. These Human Trafficking Syndicates is a well organized crime involving high level corruptions through patronage system. The Home Affairs Minister is totally inhumane when complaints forwarded before him and it was also established at the Industrial Department, Labour Court, Police and the Immigration, unfortunately the Minister reluctant to address these issues. Reports was also been lodged to the MACC, unfortunately the MACC made a conclusion, MOHA giving approvals to Rent Seekers/Bogus Employers or Companies without business infrastructure is of no element of corruptions or abused of power as they analyzed. To make it worst @ 2030hrs on 20th September 2010 the Chief Secretary Ministry of Home Affairs called more than 150 groups of human traffickers for a dialogue to what the Chief Secretary called Legalization for Illegal Immigrants. (please refer press released by MOHA Chief Secretary dated 8th November 2010). Most of these traffickers have started collecting fees from prospective illegal immigrants and their current employers. These victims and their employers will be victimized if they lodge a report to authorities that they had been cheated. The authorities may detained or arrest them for overstaying or their employers harboring illegals. The expected service fee to legalize a foreign worker is MYR 2,200 excluding other charges such as levies, medical examination fee, compound and penalties. The Ministry of Home Affairs outsource this legalized process to a select few, and only these selected few are recognized to deal with authorities and will monopolized and charge the prospective employees and employers for legalization with exorbitant fees. The good example when Pangkal Rezki Sdn Bhd. the one and only company appointed silently (back door appointment) as the only company for repatriation program. The Immigration Department acted as the marketing agency for Pangkal Rezki. Pangkal Rezki was given the authority to imposed a fine of RM 400.00. But if they the illegal immigrant surrender and apply for repatriation through `Immigration Department, these applicants will be charge a compound from RM 1,100.00 to RM 3,100.00 as an extortion. Isome cases the employment pass of Bangladesh Nationals was withhold by Immigration and not available for extensions, thus making the Bangladesh illegals, an act of bad faith by the Ministry of Home Affairs. It is suspected the objective of above dialogue called by Ministry of Home Affairs is to protect the Human Trafficking Industries, in which it is worth USD 13 billion FMT November 2010 report. (Malaysia leading in Human Trafficking USD 13 billion). These Human Traffickers are Recruiters/Rent Seekers/Bogus Employers/Agents/Private colleges. They had for years brought in Foreigners/Migrants without ready employment and abandon them or sold to third party. This apart, YB Abdullah Sani Bin Abdul Hamid, the Secretary General of Club Employees Union of Peninsular Malaysia who is also Parliament Caucus Chairman for Workers and Refugees do involved in this undesired human trade. YB Abdullah Sani Abdul Hamid abused his position and with the support of Mr. Leow Keng Liok from Golfers Mate is now in business to drive away local workers and accommodate foreign slaves, they are hiding and sheltering under what they so called Manpower Business. Golfers Mate a company appointed by Glenmarie Golf & Country Club and twelve other golf clubs to outsource, supply and manage foreign workers. Golfers Mate illegally outsource, supply and manage, this company has no operating license to operate such operation from Ministry of Home Affairs. Most of the ex-employees of Golfers Mate after completing their contract were not paid accordingly as their contract or totally unpaid, and they were forcefully send home or deported. In our investigations shows illegal collusions from the Workers Union officials, Club Management officials are protecting this sort of undesired employer for corruptions. These officials involved in terminating the services of the locals to accommodate the foreign slaves. Some of these victims are forced to be the mistress of these officials. Today this company engage illegals and a report was lodged against the company to the authorities but the authorities refused to act. Live Examples. 1. Fitrah Aristianti of Ds. Sukotilo Barat, Kampung Jarat Lanjang RT/RW 1/3 No. 28, Kecamatan Labang, Kabupaten Bangkalan, Madura, Indonesia. She was employed as a caddy at Glenmarie Golf & Country Club under Golfers Mate the third party employer. Working for 18 months without being paid. She made complaints to the Industrial Relations Department and Labour Department (PBN.SEL.KBR 11001/2009/0746), and extended to the relevant authorities including the Embassy of Indonesia. A meeting was made possible by the Indonesia Labour Attache between the victim and employer. At the meeting the victim was threatened by the Indonesia Labour Attache officials headed by Teguh Hendro Cahyono and 2 others Fahny Salika Pratama and Younus. She was forced to withdraw her complaints at the respective agencies or be detained in the Embassy shelter before deportation. She slipped away quietly to her friends home, Suraya for shelter. A day before her mediation process at the Industrial Relation Department, she was kidnapped by a person named Leow Keng Feng masquerading as her future husband. She was received by the Indonesia Labour Attache @ 2000 hrs. and confined her incommunicado in the Indonesia Embassy. She was deported and lost all her claims of 18 months unpaid wages. (Malaysiakini Youtube titled Golf Clubs - The Hidden Truth). She was promised of lucrative income, and was also promised she can further her studies at High Institution in Malaysia. 2. i). Hafni ii). Yanti iii). Sri Murni @ Subang Jaya Labour Court case No. KBR 11001/2009/1201) These victims were promised of lucrative income in Malaysia, they were brought in without going through the normal procedures engaging foreign workers accorded by Ministry of Home Affairs and Ministry of Human Resources. The Labour Court Subang Jaya made a decision to the victims favour with regard to their unpaid wages from their employer, but the court do make an unjust decision when it ruled that victim, Yanti is entitled to only a months salary notwithstanding the written submission of the employer admitted that the unpaid wages remaining was 2 months. It was also established the employer cheated the court by producing fabricated false evidence. A police report was made against the employer, the exploitation of these victims through deceptive and coercive recruitment, and it is indeed a human trafficking for labour exploitation. The Police as to date fail to investigate, the reasons given from the Police, Puan Jamilah of ACP Sanusi office, that the Police had no jurisdiction to investigate, the case should be referred to the Human Trafficking in Persons Council, Ministry of Home Affairs. Report was also made to the Human Rights Commission Malaysia and then they referred to the Malaysian Anti Corruptions Commission. However, the saddest part when the MACC from the office of Dato Shukri Abdull En. Mohamad Fadil informed that there is no elements of corruptions, abused of power or abused of the positions by the relevant agencies officials. Apart from this, YB Abdullah Sani Abdul Hamid MP for Kuala Langat, the Sec. Gen. Club Employees Union of Peninsular Malaysia and also the Parliament Caucus Chairman for Workers and Refugees has also barred me from representing these victims. The Immigration Department led by Selangor Deputy Director of Immigration En. Abdillah Azizuddin too had forced the victims deportations or the victims will be detained and faced prosecution for overstaying for abuse their employment pass. I was also threatened to be prosecute for harbouring illegals. Thanks to YB Zuraida Kamaruddin Ampang MP who sheltered the victims and organized with some good samaritans and pays their passage home and their return for hearing in the Labour Court. 3. Rukiah Rusdi working for seven months without being paid. She made complaints to the Industrial Relation Department and Labour Department, and extended to the relevant authorities including the Police. At the mediation process by the Industrial Relations Department the employer acknowledge liability to pay 10 months salary. However, the Selangor Immigration threatened her with detention and to prosecute her at the criminal court, for abusing her employment pass, unless she is willing to return and not to proceed on her claims at the Industrial Relations Department and Labour Department. She was employed under manufacturing sector on her employment pass, after seven months working in a factory she was sold to Golfers Mate and employed as caddy. With the threats by the Selangor Immigration Department she with the other 3 victims return home. Upon her arrival, she was threatened and her passport is seized by her Indonesian Recruiting Agency and the BP3TKI not to return to Malaysia to attend on her cases, its an illegal collusion of BP3TKI, an Indonesian Government Agency handling migrant workers. The victims failure to attend her case automatically nullified her claims at Industrial Relations Department and the Labour Court. All these victims was referred to the Indonesian Embassy highest authorities including H.E. Deputy Ambassador Mr. Tatang B. Razak. A meeting was called by KBRI on this issue presented by YB Zuraida Kamaruddin on behalf of the victims, but H.E. Mr. Tatang B. Razak has no interest to solve the problems or use his good office to have an operational service tackling these problems. Abdul Aziz Ismail Task Force Member Selangor Anti Human Trafficking Council
Posted on: Thu, 09 Oct 2014 09:18:45 +0000
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