IMA research Foundation Bangladesh – Malaysia- Amnesty In’t: Stop caning immigrants

IMA research Foundation Bangladesh – Malaysia- Amnesty In’t: Stop caning immigrants

Amnesty In’t: Stop caning immigrants
Jul 3, 09 12:58pm
 
 
International human rights watchdog Amnesty International has called for the Malaysian government to do away with caning as a punishment for immigration offences.

MCPX

“Caning is a form of cruel, inhuman and degrading punishment, prohibited under international human rights law.

police caning rotan punishment video film strip 300707“The practice is humiliating, and causes such pain that people have reportedly fainted. Those caned often carry scars, psychological as well as physical, for years. The severity of the pain and suffering often means that whipping is in fact a form of torture,” said the watchdog in a statement issued today.

Home Minister Hishammuddin Hussein had told Parliament on June 17 that 34,923 migrants have been caned since 2002 and 2008 in a written reply to a question by Bukit Bendera DAP parliamentarian Liew Chin Tong.

It was also stated in the reply that out of the 34,923 migrants who were caned 60.2 percent were Indonesians, 14.1 percent Filipinos and 13.9 percent Burmese.

Treaty must be ratified

According to Amnesty, over 47,000 migrants have been whipped since amendments incorporating corporeal punishment were added to the Immigration Act came into force in 2002.

The amendments constitute a mandatory sentence of whipping of up to six strokes, fines and up to five years imprisonment for foreigners who are here illegally.

“Whipping someone with a cane is cruel, inhuman and degrading and international standards make clear that such treatment constitutes torture,” said Amnesty, also urging the government to repeal all other form of corporal punishment.

The watchdog also raised concern that undocumented workers, documented workers whose passports have been withheld by their employers, asylum seekers and refugees are also at risk of being caned.

Ratify human rights treaties

The watchdog reiterated that Malaysia should ratify relevant human rights treaties, and in particular the Geneva Convention relating to the Status of Refugees and the Migrant Workers’ Convention.

Last month, the United States put Malaysia back on the blacklist of countries trafficking in people after removing the country from the list last year.

Among the reasons stated included the poor treatment of foreign domestic helpers.

On June 18, another report declared Malaysia as the worst place for refugees for the second consecutive year.

 


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Some Urumqi mosques defy shutdown /Ethnic tensions taboo in China

Some Urumqi mosques defy shutdown

http://news.bbc.co.uk/2/hi/asia-pacific/8143554.stm

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Chinese soldiers guard mosques in Urumqi

Some mosques in the western Chinese city of Urumqi have opened their doors to worshippers, in spite of an earlier order for them to stay closed.

At least two mosques opened after crowds gathered outside. It was not immediately clear if the authorities had sanctioned the move.

Urumqi, capital of the Xinjiang region, remains tense after days of ethnic violence that left 156 people dead.

Thousands of people are reportedly trying to leave the city.

The main bus station has seen 10,000 people go through its doors in recent days – double its normal traffic – an official there said.

Both Han Chinese and Muslim Uighurs are said to be fleeing the city, which still has a heavy security presence following the violence that began on Sunday.

Crowds gather

Officials posted notices outside Urumqi’s mosques, instructing people to stay at home to worship on Friday, the holiest day of the week in Islam.

I’m glad they are letting us in today. There would have been a lot of unhappiness if they hadn’t
Ahmedadji
Muslim Uighur worshipper

One official told the Associated Press the decision was made “for the sake of public safety”.

But hundreds of Uighurs defied the order and gathered outside at least two mosques in the city.

The BBC’s Quentin Sommerville, outside one of the mosques, was told by one worshipper that they had insisted they be allowed in – and the gates were opened without any resistance or violence.

“We decided to open the mosque because so many people had gathered. We did not want an incident,” a policeman outside the White Mosque in a Uighur neighbourhood told the Associated Press.

“I’m glad they are letting us in today,” one worshipper, Ahmedadji, was quoted by the Reuters news agency as saying.

“There would have been a lot of unhappiness if they hadn’t”.

‘Too risky’

Meanwhile, the city’s main bus station is reported to be heaving with people trying to escape the unrest.

Extra bus services have been laid on and touts are charging up to five times the normal face price for tickets, the AFP reports.

 

XINJIANG: ETHNIC UNREST
Main ethnic division: 45% Uighur, 40% Han Chinese
26 June: Mass factory brawl after dispute between Han Chinese and Uighurs in Guangdong, southern China, leaves two Uighurs dead
5 July: Uighur protest in Urumqi over the dispute turns violent, leaving 156 dead – most of them thought to be Han – and more than 1,000 hurt
7 July: Uighur women protest at arrests of menfolk. Han Chinese make armed counter-march
8 July: President Hu Jintao returns from G8 summit to tackle crisis

“It is just too risky to stay here. We are scared of the violence,” a 23-year-old construction worker from central China said.

Many are university students, who have been told to leave the city earlier than they might have planned.

The violence began on Sunday when Uighurs rallied to protest against a deadly brawl between Uighurs and Han several weeks ago in a toy factory in southern Guangdong province.

Officials say 156 people – mostly Han – died in Sunday’s violence.

Ethnic Han vigilante groups have been threatening to take revenge, leaving many Uighurs afraid to leave their homes.

The atmosphere remains tense, with troops in place across the city and armed police surrounding Uighur neighbourhoods, says our correspondent.

More than 1,400 people are thought to have been detained.

On Thursday, China said it had “a great deal of evidence” that some of those involved in the violence had “training from foreign terrorist groups including al-Qaeda”.

Foreign ministry official Qin Gang did not say what the evidence was, but said the groups were “inextricably linked with three vicious forces from abroad”.

Beijing has also accused US-based Uighur leader-in-exile Rebiya Kadeer of organising the disorder. She has denied the allegations.

Tensions have been growing in Xinjiang for many years, as Han migrants have poured into the region, where the Uighur minority is concentrated.

Many Uighurs feel economic growth has bypassed them and complain of discrimination and diminished opportunities.

Ethnic tensions taboo in China

 

By Vaudine England
BBC News, Guangzhou http://news.bbc.co.uk/2/hi/asia-pacific/8141541.stm

Picture in Guangzhou Daily of smiling factory workers

A paper showed workers smiling at a toy factory where there was unrest

Among the Uighurs who have settled in south-eastern China, it is hard to find anyone prepared to talk openly about life in the Han-majority country.

In Guangzhou, capital of Guangdong province, even people running restaurants that advertise Xinjiang food, have pictures of mosques on the wall, and employ staff wearing headscarves, insist they are not Uighur.

“We are from another minority,” said a restaurateur, refusing to say which one.

On 26 June Han and Uighurs at a toy factory in the Guangdong town of Shaoguan fought each other for hours, leaving at least two dead and 118 injured.

It was over this violence that Uighurs in Urumqi, in the north-western Xinjiang province, rallied on Sunday, leading to much more deadly clashes.

Keeping heads down

The restaurateur in Guangzhou did admit to discomfort when watching state television images of recent deadly unrest in Urumqi, but discussing ethnic tensions remains taboo.

XINJIANG: ETHNIC UNREST
Map of China
Main ethnic division: 45% Uighur, 40% Han Chinese
26 June: Mass factory brawl after dispute between Han and Uighurs in Guangdong, southern China, leaves two dead
5 July: Uighur protest in Urumqi over the dispute turns violent, leaving 156 dead and more than 1,000 hurt
7 July: Uighur women protest at arrests of men-folk. Han Chinese make armed counter-march
8 July: President Hu Jintao returns from G8 summit to tackle crisis

The teenage son of another restaurateur, further along San Yuan Li Road in Guangzhou, was even more reticent.

“We don’t have time to watch the news,” he said.

Prospering in their new life, it seemed the last thing his family wanted was to be associated with rioting back in Xinjiang.

Around Guangzhou’s old railway station, what was once a lively and extensive Muslim community has shrunk.

Those left seem determined to keep their heads down in times such as these.

Xinyue Muslim Restaurant in the Xinjiang Mansion – an official home to the representative office of the Uighur Autonomous Region’s provincial government – offers nightly floor-shows by Uighur dancing girls.

But before a question about how the unrest in Xinjiang was affecting business could be completed, a waitress interjected.

“This is a very safe place – you don’t need to worry,” she said.

Factory repaired

Guangzhou newspapers have followed the government line, reporting that the trouble in Xinjiang could only have happened because of outside manipulation.

Coverage has focused on the injuries suffered by the Han.

The Guangzhou Daily recently reported that in Shaoguan, repairs to the assembly line, dormitories and canteen needed after the 26 June fighting at the toy factory had already been completed.

Advertisement

Amateur footage of toy factory riots

“More than 700 Xinjiang migrant workers could resume their work thanks to the Xinjiang and Guangdong relevant departments’ officials’ endeavours,” it said.

Alongside were pictures of happy, smiling Uighur women, back at work at long tables in the toy factory.

Censored TV

Two people in Guangzhou who were prepared to speak were Han taxi drivers, one of whom turned up his radio when the news came on to hear updates from Xinjiang.

Another went so far as to give his surname, Huang, and confide that he watched TV reports from Hong Kong channels, just across the border, to get a clearer picture of events.

“Any time there’s anything sensitive, they interrupt the signal and throw in another advertisement or jumble up the pictures,” he said.

Chinese police patrol in Urumqi, 8 July 2009

A taxi driver said he agreed with the security crackdown in Urumqi

His views on the unrest in Xinjiang were firm.

“The government treats the Uighur so nicely, yet the Uighurs don’t feel satisfied,” he said.

“They just create so much trouble. They should be satisfied with what they have.”

He agreed with the crackdown now under way by Chinese security forces in Urumqi.

“The Communist Party has already done so much for the Uighurs,” he said.

His views are common in commercial centres where Uighurs have thrived.

The communities were included in former Chinese leader Deng Xiao-ping’s plans for economic reform from the early 1980s, and have been resident in south China since then.

But as in other parts of the world, problems between different ethnic groups have endured.

The difference in China is that people are reluctant to discuss the issue, and the tensions are hard to measure.

Speech by H.E. Vincent Piket, Ambassador & Head of Delegation of the European Commission Delegation to Malaysia

8
Conclusion
All in all, am I happy of what the EU is doing in Malaysia? Yes, I am, we
have a good and expanding agenda. 
 
But am I satisfied? No, I am not satisfied, for two reasons.
 
The first reason is that the awareness and familiarity of EU in Malaysia is
still only budding. Ask people randomly what they know about the EU,
and you will find that even the educated class will often have a very
partial response. People just don’t know that the EU has 500 million
citizens, the world’s largest economy, and that we have the world’s
largest trade volume. We need to improve this through outreach,
cooperation with the education sector, and especially through expanding
a concrete Malaysia-EU agenda which creates concrete results.
 
The second aspect is that we need to raise the level of political dialogue
between the EU and Malaysia. We need more meetings between our
leaders. We need more high-level visits from the EU here and likewise
more high level Malaysian visits to the EU. This will help push our
cooperation agenda forward, for the sake of our bilateral relations, and
for addressing regional and global issues such as climate change. There
are plenty of topics of common interest to talk about.
 
Thank You for listening.
 
-ends  7
agreement would be good for the region, because Malaysia would set
the trend for other countries to follow.
 
The second example is policies to mitigate climate change. For the
Copenhagen talks in December this year, the EU has put its offer on the
table. It is the 20-20-20 package for 2020 (20 percent reduction of
carbon emission compared to 1990 levels; 20 percent share of
renewable energy in the total energy consumption; and 20 percent cut in
energy consumption through improved energy efficiency by 2020. That is
the EU offer. 
 
What are we asking from Malaysia? EU is not asking for a binding
commitment from Malaysia and other developing countries, but we are
asking for voluntary goals. We hope that Malaysia will be ambitious in
battling climate change and see this as part of mainstream economic
policy. The indications begin to be positive, as there are signs that the
Government will create a forward policy for energy efficiency and
renewable fuels. The EU will be ready to partner on that.
 
I will not go further, just mention briefly there we are also embarking on
cooperation on the information society, education and RTD. We also
operate a developing cooperation programme in Malaysia—its size is
modest because of Malaysia’s middle-income status. We are setting up a
new project for cooperation with Middle Income Countries and are also
starting a grants programme for civil society organizations under the
European Instrument for Democracy and Human Rights.
 
 
   6
even though expert studies show a clear economic advantage for
ASEAN from a broad and deep FTA.
 
The second reason was political, namely the EU’s refusal to negotiate an
FTA that includes Myanmar and Myanmar’s insistence on being part of
any ASEAN agreement with the EU. As a result, the FTA talks are being
held hostage politically hostage. For these reasons both sides have
agreed to take a pause in the talks for the purpose of reflection and
reassessment.
 
The third big chunk in our relations is sustainable development and
creation of Malaysia’s knowledge-based economy. This is a very
dynamic part of our relations as the EU is keen on promoting sustainable
development. We want to create a future-oriented partnership for
sustainable development with Malaysia, linked to Malaysia’s Vision 2020
to be a developed country in that year. 
 
I will give you a few concrete examples of things we do to support that
goal. 
 
First, our talks about a bilateral agreement to promote trade in legal
timber, the so called FLEGT Agreement (Forest Law Enforcement and
Governance and Trade). These talks are approaching their final phase
and hopefully this year agreement would be established. If that happens, 
Malaysia would be the first Asian country with a legal timber trade
agreement with the EU. This would be good not just for the Malaysian
forests, but also for the Malaysian timber and furniture industry, as it will
create a distinct advantage for Malaysian timber on the EU market. The   5
 
EU policies towards Malaysia
Cooperation between EU and Malaysia could be seen in the EU-
Malaysia policy which is divided into three big chunks, namely: (1)
Political cooperation, (2) Trade, (3) Sustainable development and
knowledge-based economy.
 
In the political area, we are preparing negotiations of a Partnership &
Cooperation Agreement to further deepen our relationship with Malaysia.
We work together in regional security issues such as the Middle East
Peace Process. We are also working on to promote sharing of know-how
with ASEAN. We do not see the EU as a model for ASEAN, but it can be
a source of inspiration and of knowhow and practical experience.
 
In trade, the first point to make is that, seen against the sizeable volume
of our trade, there are relatively few trade problems. And, the few
problems that exist are all relatively minor. In general we have had a
constructive trade dialogue and are able to resolve most issues. An
example is the sanitary problems in the seafood and fisheries sector.
This is now being resolved to the very strong efforts by the Malaysian
authorities.
 
The only unsatisfactory issue has been the region-to-region FTA talks
between ASEAN and the EU. In these talks progress has been too slow
and results have been below target. Two reasons contributed to this.
First, the lowest offer from one ASEAN member tended to become the
common denominator for all. The results of our talks thus fell far short of
the goals formulated by the EU-ASEAN Vision group. This happened   4
 
In the EU, we recognize the important of Asia. Our Asia policy was
adopted in 2001, and it is still valid till now though it may need some
updating. The EU-ASEAN policy was adopted in 2006. The EU is a big
supporter of ASEAN, the most advanced regional integration initiative in
Asia. And the EU supports the South Asian Association for Regional
Cooperation (SAARC).  We value ASEM –the Asia Europe Meeting— as
an informal inter-governmental dialogue platform. In Brussels yesterday
and today it held a ministerial meeting on energy security. 
 
How would we describe Malaysia? Malaysia is a key partner for the EU.
On the one hand, we can trace this back to historical links, going back to
the 1500s. On the other, Malaysia is our number 2 trade partner in
ASEAN with a trade volume of 28 billion Euros in 2008. Total EU FDI in
Malaysia amounts to EUR 8 billion. Malaysia has a medium-sized
market, and with its upper medium income it has the potential of being a
lead country in socio-economic policies, including the environment.
Malaysia also has a geographically strategic location with a lot of
strategic assets such as the tropical forest and palm oil (often Malaysian
call their country small; that may be partly so, but in palm oil, you are a
world power). Finally, Malaysia presents religious and ethnic diversity
and plays a valuable role in the Islamic world. This offers us an
opportunity for access and dialogue to the wider community of Islamic
countries and it gives Malaysia a chance of facilitating or levering peace
processes.  
 
All of these attributes and characteristics make that the EU want to
engage with Malaysia in very complete relations.
   3
 
Despite all these areas of positive progress, the EU faces a critical time.
For one thing, our institutional reform, contained in the draft The Lisbon
Treaty, has been in the works for a long time now (since December 2000
when EU leaders agreed to set up the consultative mechanism for
designing treaty reform) , and it has created some uncertainty and has
caused a risk of loss of momentum. 
 
A second issue continues to be the EU’s failure to communicate with the
citizen. The EP election clearly illustrates the distance between the EU
and the EU citizen. That gap exists despite the very evident, day-to-day
benefits the EU has created for the EU citizen. In the economy, in social
policy, in the freedom to work and reside in other Member States, with
passport-free travel, and many other ways.
 
And, thirdly, the world’s economic decline has not spared the EU. We
face hard times just like most other economies. The EU and the Member
States individually are working hard to implement stimulus programmes
with a value of around 500 billion Euros. The EU leaders are meeting
today to discuss the key topics on the economy and financial sector
reform. 
 
How does the EU see Malaysia
Though our topic today is about how Malaysia perceives the EU, I’d like
to present to you how the EU sees Asia and Malaysia. There is no need
to elaborate on the risen importance of Asia to EU. The EU and Asia
work together in the issue of politics, economy/ trade, global and regional
threats such as security, climate change, anti-terrorism, migration and
trafficking, and of course piracy.   2
Introduction
 
I would first briefly recall where the EU itself stands. We have just
celebrated our Europe Day, which marks our birthday. Just like Malaysia,
we are 52 years old this year.
 
The EU is about regional integration. Without a doubt, notwithstanding all
the problems we face –in the economy, in global affairs, on the
environment—and notwithstanding the seemingly continuous
constitutional and institutional debates, the EU is the world’s best and
most successful regional integration project. 
 
We have developed from a war-torn Europe ravished by World War II
into an integrated continent with 27 Member States. The EU’s
enlargement is not over, the number of Member States is continuing to
go up. Currently, we have accession negotiations with Croatia and
Turkey. Other countries in the Western Balkans are candidate countries
and when the conditions are right we will start the accession talks with
them as well. And it looks likely that Iceland will apply for EU
membership in the near future. 
 
What’s more, the EU reaches out beyond its borders. The EU has a ring
of friends, in the Mediterranean and on our Eastern border (we recently
adopted the Eastern Partnership for political dialogue and economic
convergence with our eastern neighbours). Moreover, we are reaching
out to countries around the globe through cooperation and outreach for
specific policy areas such as the Bologna Process for higher education,
research cooperation, and migration policies.
 EUROPEAN COMMISSION 
 
EU-Asian relations: “Policies and Perceptions of the EU in
Malaysia”
On June 19, 2009 @ Asia-Europe Institute, Malaysia
 
Speech by H.E. Vincent Piket, Ambassador & Head of
Delegation of the European Commission Delegation to
Malaysia
 
 
 
Professor Datuk Dr. Ghauth Jasmon, Vice Chancellor of University of
Malaya,
 
Ambassador Dato’ Ramanathan Vengadesan, The Asia-Europe
Foundation Governor of Malaysia
 
Professor Dato’ Paduka Mohamad bin Abu Bakar, Department of
International and Strategic Studies 
 
Professor Datuk Dr. Roziah Omar, Executive Dircetor, Asia-Europe
Institute
 
Professor Martin Holland. Director, National Centre for Research on
Europe, University of Cantebury, NZ
 
Professor Rajendran Jain, Chairman, Centre for European Studies,
Jawaharlal Nehru University, India
 
Ladies and gentlemen
 
It is my great pleasure to represent the EU in presenting the Policies and
Perceptions of the EU in Malaysia.

ACTION NEEDED: BURMESE JUNTA THREATENS COMPREHENSIVE REGIONAL SECURITY

Λ L T S E Λ N
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P   O  BOX  2 9 6 ,     L ARDPRAO  POS T   OF F ICE ,     B ANGKOK   1 0 3 1 0 ,     THA I L AND
TEL ▼ 081 850 9008 ▼  [6681] 850 9008    EMAIL ▼ publications@altsean.org   WEB ▼ www.altsean.org
 
BN 2009/1053: July 18, 2009
 
ACTION NEEDED: BURMESE JUNTA THREATENS 
COMPREHENSIVE REGIONAL SECURITY
 
• Disturbing recent developments concerning evidence of the Burmese military
regime’s  close  cooperation  with  the  North  Korean  regime,  including
acquisition  of  long-range  ballistic  missile  technology,  must  serve  as  an
urgent wake-up call to members of the ASEAN Regional Forum (ARF).
• These add to regional  impacts of the regime’s oppressive rule,  including the
increase of transnational crime and mass movements of millions of Burmese
fleeing war, repression, and impoverishment over the past two decades.
• Last month’s  intensified offensive  in Eastern Burma has  already witnessed
mortar  fire  falling  in  Thai  territory  and more  than  6,000  refugees  fleeing  to
Thailand in a fortnight.
• Main ethnic ceasefire groups around Burma are bracing  themselves  for  the
resumption  of  armed  clashes  after  they  refused  to  comply with  the  junta’s
ultimatum  to  surrender  their  armies.  An  intensified  crackdown  on  the  pro-
democracy movement  that has seen  lengthy  jail terms  imposed on potential
candidates in the 2010 election and the bogus trial of Daw Aung San Suu Kyi,
has  severely  reduced  ethnic  leaders’  confidence  in  the  regime’s  political
roadmap.  Further,  the  SPDC’s  constitution  guarantees military  subjugation
over  ethnic  groups  (the  military  decides  who  will  be  Minister  for  Border
Affairs).
•  It  is  time  for  the  ARF,  which  brings  together  ASEAN  member  states  and
regional  dialogue  partners,  to  move  beyond  unconditional  diplomacy  and
reduce  the  Burmese  military  regime’s  capability  to  threaten  the
comprehensive security of the region.
• Action must  include  restrictions  and greater  regulation of  transactions  and
entities  implicated  in weapons  deals with  the  regime  and  its  proxies.  It  is
particularly  crucial  that  those  implicated,  such  as  Malaysia,  Singapore,
Japan,  and  China,  take  effective  steps  to  stem  the  flow  of  funds  and
technology  needed  for  such  deals.  These  sanctions  are  less  likely  to  hurt
ordinary  Burmese  who  do  not  use  the  formal  banking  system  because  of
prohibitive commissions and rules on retail customers.
• ARF members must no  longer allow the SPDC to use diplomatic dithering to
strengthen its capacity to threaten its neighbors.   2
To Burma with love, Kim Jong Il
 
On  21  June  2009,  a  report  by  South Korean  television YTN  said  that  the  2,000-ton North
Korean cargo ship Kang Nam I, which had left North Korea on 17 June, was heading towards
Burma and was suspected of carrying missiles or related parts for the SPDC.
1
 On 25 June, the
state-run newspaper New Light of Myanmar  said  that  it had  “no  information” on  the Kang
Nam I.
2
 The junta, however, possibly as a result of diplomatic pressure by India, China, and
ASEAN countries, allegedly asked  the ship to turn around.
3
 The Kang Nam  I returned to  its
point of origin, Nampo, on 6 July.
4
 
 
As the Kang Nam I sailed back to North Korea, reports emerged that a Malaysian bank was
meant to facilitate payment for the illicit deal.
5
 
 
Missile tech
 
On  29  June,  Japanese  police  arrested  three  men,  including  a  North  Korean  national,  Lee
Kyoung Ho, for allegedly attempting to export a magnetic measuring device that can be used
for  long-range  ballistic  missiles.  The  three  had  attempted  to  send  the  device  from  the
Yokohama port to Burma via Malaysia in January. 
 
North Korea was believed  to have ordered  the device  through  a Hong Kong-based  trading
company  that  it  controls.
6
  Japanese  police  said Lee Kyoung Ho,  the  president of  a Tokyo-
based trading company, had allegedly been exporting instruments that can be used to produce
missiles to Burma without government permission since 2006.
7
 
 
China, Singapore also in the game?
 
After  the UN  imposed  sanctions  on North Korea  for  conducting  a  nuclear  test  in October
2006,  Pyongyang  was  believed  to  have  illegally  transferred  weapons  to  the  SPDC  via
overland routes through China to avoid detection. North Korea also chartered ships under the
names of foreigners, falsified the country of origin or did business through a third country to
export arms to Burma.
8
 
 
In April 2008,  Japan’s public broadcaster NHK  reported  that North Korea had been  selling
the SPDC multiple rocket launchers with a range of about 65 kilometers. The report said that
“full-scale”  exports  of  the  weapons  had  been  handled  by  an  unnamed  Singapore  trading
company.
9
 
 
Underground tunnels: foreign loans, North Koreans & cronies
 
The SPDC has reportedly spent over US$9 billion over three-years for the tunnel construction
equipment  apparently  to  construct  underground  bunkers  and  tunnels  in Naypidaw with  the
                                                
1
  AP  (22  Jun  09)  Official:  N.  Korean  ship  carries  weapons  to  Myanmar;  AFP  (24  Jun  09)  Myanmar  says  no
information on  tracked NKorean ship;    Irrawaddy  (25  Jun 09) Burma Denies Knowledge of North Korean Vessel’s
Destination
2
 Irrawaddy (25 Jun 09) Burma Denies Knowledge of North Korean Vessel’s Destination
3
 VOA (01 Jul 09) Shadowed North Korean Freighter Reverses Course; Irrawaddy (09 Jul 09) Did Foreign Pressure
Make Ship Turn Back?; Irrawaddy (06 Jul 09) N Korea using Malaysian bank for Burmese weapons deals: Yonhap
4
 Irrawaddy (09 Jul 09) Did Foreign Pressure Make Ship Turn Back?
5
 Korea Times  (04  Jul 09) NK Uses Malaysian Bank  for Weapons Payment; Bernama  (09  Jul 09) Malaysia Won’t
Allow Banks To Violate UN Sanctions On North Korea
6
 Bloomberg (30 Jun 09) Japan Police Arrest Three for Illegal Exports, Yomiuri Says
7
 Irrawaddy (02 Jul 09) US Ban Related to N Korea-Burma Arms Deal
8
 DVB (02 Jul 09) North Korea exporting weapons overland to Burma
9
 AFP (02 Apr 08) N Korea exporting multiple-launch rockets to Myanmar; Reuters (03 Apr 08) N Korea sells Rocket
Launchers to Burma; Irrawaddy (03 Apr 08) N Korea Sells Rocket Launchers to Burma   3
assistance of North Koreans.
10
 SPDC budget  files  show  evidence of use of  foreign  aid  and
loans to fund the tunnel construction.
11
 Five Burmese companies, including the SPDC-backed
Htoo  Trading,  Asia  World,  Shwe  Thanlwin  Kambawza,  and  Eden,  provided  digging
machinery for the tunnels.
12
 
 
In  June  2009,  the  publication  by  various  new  outlets  of  photos  of  tunnel  construction  near
Naypyidaw  gave  substance  to  reports  of  Pyongyang’s  assistance  to  Burma.
13
  The  photos,
taken between 2003 and 2006,  show  that North Korean  technicians helped  the SPDC  in  the
construction  of  an  extensive  network  of  some  800  large  underground  tunnels with  built-in
ventilation  facilities and an  independent power  supply near Naypyidaw.
14
 More  tunnels and
bunkers  have  been  built  near  Taunggyi,  Shan  State,
15
 with  about  40  underground  stations
located  near  the  Thai-Burma  border.
16
  By  now,  the  tunnels  and  underground  installations
should be complete.
17
 
 
Follow the money to stop the threat
 
The SPDC’ continues  to spend vast amounts of money  to  regulate military hardware and  to
seek new weapon technologies.
18
 These business transactions often require the cooperation of
regional banks that are willing to turn a blind eye to their clients’ dealings. Recent allegations
made against Malaysian banks with regard to facilitating the prohibited sale of weapons from
North Korea to Burma, illustrate this point clearly.
19
 
 
ASEAN members must act now  to ensure  that  financial  institutions within  their boundaries
are not involved in such deals. The ARF must take action in order to prevent the SPDC from
conducting its dirty military trade through regional financial institutions.
 
The  US,  UK,  Canada,  Australia  and  the  EU,  have  placed  various  binding  economic
restrictions  on Burma.  Some  of  these  sanctions  target  specific  persons  and  businesses  that
facilitate  or  enable  the  continued  violation  of  human  rights  inside  Burma.  Others  restrict
specific services and sale of goods.
20
 ASEAN member States should adopt similar regulation
that would:
 
• Prohibit  the  transfer  of  funds  to  specially  designated  persons  in  Burma,  such  as  SPDC
leaders, military chiefs, and business cronies.

 
• Restrict financial services provided to specially designated persons in Burma. 
• Enforce a regional asset freeze on specially designated persons in Burma.
 
                                                
10
  Asia  Times  Online  (26  Jun  09)  A  UN  snub:  Two  regimes  in  a  tub;  FEER  (06  Jul  09)  Allies  in  paranoia  and
repression; DVB (06 Jul 09) Digging the tunnels, part two; Asia Times Online (19 Jul 06) Myanmar and North Korea
share a tunnel vision
11
 DVB (24 Jun 09) Burma’s military regime: Digging the tunnels; Al Jazeera (25 Jun 09) Myanmar’s ‘secret tunnels’
revealed 
12
 DVB (06 Jul 09) Digging the tunnels, part two
13
 Irrawaddy (26 Jun 09) Tunnel Construction Pictures Spark Questions
14
 DVB (24 Jun 09) Burma’s military regime: Digging the tunnels; DVB (24 Jun 09) Burma’s military regime: Digging
the tunnels; Al Jazeera (25 Jun 09) Myanmar’s ‘secret tunnels’ revealed
15
 Korea Herald (12 Jun 09) N. Korea digs tunnels in Myanmar to earn dollars
16
 DVB (24 Jun 09) Burma’s military regime: Digging the tunnels; Al Jazeera (25 Jun 09) Myanmar’s ‘secret tunnels’
revealed; Nation (23 Jun 09) Burmese junta expel officials over tunnel photos
17
 Korea Herald (12 Jun 09) N. Korea digs tunnels in Myanmar to earn dollars
18
 WSJ (10 Jul 09) Burma and North Korea, Brothers in Arms; Epoch Ttimes (17 June 09) Tunnels, Guns and Kimchi:
North Korea’s Quest for Dollars 
19
 Korea Times  (04 Jul 09) NK Uses Malaysian Bank  for Weapons Payment; Bernama  (09 Jul 09) Malaysia Won’t
Allow Banks To Violate UN Sanctions On North Korea
20
 EU (Oct 96) Common Position on Burma/Myanmar 1996/635/CFSP; U.S. Department of  the Treasury OFAC (12
May  08)  An  Overview  of  the  Burmese  Sanctions  Regulations  Title  31  Part  537  of  the  U.S.  Code  of  Federal
Regulations

  Several  such  lists  already  exist:  see US  Specially Designated Nationals,  Bank  of England Consolidated  List  of
Financial Sanctions Targets or EU Commission Regulation (EC) No 353 (2009).   4
Financial entities doing business with the SPDC risk jeopardizing their banking relationships
with other nations and regional groupings, such as the US and EU. This is particularly true for
the financial sectors in ASEAN, which have faced increased pressure for allowing the SPDC
to access their financial systems. 
 
FATF  Recommendations  and  OECD  guidelines  provide  voluntary  frameworks  and
regulations that help governments restrict illegal and dubious transactions that facilitate fraud,
terrorism,  and  other  threats  to  regional  security.
21
 Based  on  these, ASEAN member  States
should take upon themselves the following minimum obligations:
 
• To pay special attention to business relations and transactions with persons, companies and
financial institutions from Burma.
• To  implement  strict  requirements  for  identifying  clients  and beneficiaries before business
relationships are established with individuals or companies from Burma.
• Warn non-financial  sector businesses  that  transactions with entities  in Burma may expose
them to risk.
• Enhance reporting mechanisms of financial transactions involving entities from Burma.
                                                
21
 See FATF Recommendations and OECD internationally agreed tax standards

Maids: An uphill battle against abuse, torture

Maids: An uphill battle against abuse, torture
 
Baradan Kuppusamy | Jul 3, 09 10:58am
 
Domestic helper Siti Hajar, 33, from Garut district, Indonesia is a picture of calm as she leans against the wall at a shelter for abused maids and dreams of returning to her village.

MCPX

Her face, neck and chest are scarred in a horrific case of abuse. She was scalded with boiling water, tortured and starved by her employer, a single mother of two at a posh condominium in Kuala Lumpur.

Her employer has been charged with abuse, though she denies the charges.

“I dare not see her face to face, “I am so afraid,” says Siti Hajar, who shares space with nearly 300 other abused Indonesian domestic helpers, all desperate for their day of justice in court.

domestic maids 070606 cookingIt can be a long wait given the wheel of justice grinds slowly in Malaysia, especially if you are a migrant worker and your employer is wealthy and has a battery of proficient lawyers at his disposal.

Siti’s is the third case of horrific maid abuse in Malaysia in as many months and the outcry that plight had sparked prompted Indonesia, the largest Muslim nation in the world, to finally take a stand.

After suffering quietly for many years, Indonesia this week banned Malaysian recruitment of its nationals as domestic helpers citing frequent mistreatment of their nationals, non payment of wages and dreadful exploitation as reasons.

Indonesia said it will lift the ban only if Malaysia offers higher wages, extends legal protection given to local workers, and provides basic rights extended to all workers, like a weekly day of rest, compensation and annual increment.

However, the decision to ban recruitment might significantly hamper the prospects of Indonesian domestic helpers, who are desperate for jobs as well as their Malaysian employers, equally in need of domestic helpers.

Also the fate of some 500,000 documented and undocumented Indonesian domestic helpers in Malaysia hangs in limbo, as does the fate of thousands of Indonesian domestic helpers recruited this year who were preparing to head to Malaysia.

In addition, millions of dollars paid by Malaysian employers to agents on both sides could be forfeited, thus adversely impacting potential employers.

Ban long overdue

Although the ban has sparked uproar among employers and government officials, labour experts and human rights activists say it is a “bold” move that was long overdue.

“We hope the ban forces Malaysia to review its regressive and backward policies with respect to domestic helpers specifically and foreign workers generally,” said Irene Fernandez, executive director of Tenaganita, a nongovernmental organisation that works for the rights of migrant workers.

irene fernandez interview 251108 08“Domestic helpers work long hours and are frequently forced to do unrelated work,” Fernandez (right) told IPS.

“Often they are shared between families and neighbours. They are the last to bed and first to rise.”

But she also expressed concerns that a total ban would fuel human trafficking of Indonesian helpers.

This is possible, Fernandez said, because nearly 2 million undocumented Indonesian workers are already working without valid papers in the country=s service sector as waiters and cleaners.

“There is very little enforcement in this area. Employers can hire illegal help and get away with it,” Fernandez said.

“A strong demand, ready supply and little supervision is an explosive mixture to fuel human trafficking.”

Opposition lawmakers espouse similar concerns.

“We worry domestic helpers would go underground and work without proper papers. Such a situation makes them extremely vulnerable to exploitation and trafficking,” said Kulasegaran Murugesan, an opposition lawmaker.

“Malaysia must formulate clear and concise rules to cover all aspects of recruitment, placement and supervision of domestic workers,” he said.

Indonesia is demanding a new MoU with Malaysia that covers key areas like weekly rest day, better wages and legal protection as key concessions to lift the ban on recruitment.

It wants employers to stop forcing their nationals to handle pork and other duties like washing dogs, activities they claim are considered derogatory by Muslims.

Turning a deaf ear

But Malaysian employers are turning a deaf ear to these demands, and demand that their government recruit maids from other countries like China.

A recent survey by The Star, revealed that over 75 percent of employers were against giving a weekly rest day to domestic helpers.

“There is rising public pressure on the authorities to allow recruitment from other countries if Indonesia does not lift the ban,” Kulasegaran told IPS.

Indonesian domestic helpers maidsBesides China, the government is exploring the option of recruiting domestic helpers from Vietnam and Laos .

Human rights activists say it is imperative to improve living and working conditions in Malaysia instead of changing the source of recruitment.

“The nightmare of maid abuse would return to haunt us if the fundamental weaknesses in the system are not resolved,” Fernandez said.

“The pressing and urgent problems need to be resolved,” he added. “This is the priority not recruiting domestic helpers from other countriesYespecially when Malaysia has the reputation as Asia=s worst employer of migrant workers.”

Every year over 1,000 maids, mainly Indonesians, flee their employers every year because of ill treatment, non-payment of wages and exploitation.

Most of the runaway maids remain in the country, work illegally to pay off loans they had borrowed back home, living in constant fear of arrest.

If caught they can be fined, jailed and deported.

“Some have been treated like slaves and not paid for months or even years of exhausting work,” Fernandez said. “Many still bear the scars, scalds and wounds inflicted on them by their employers.”


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