the blogging syed shahir

Introduction

Labour Day, or May Day as some may call it, renews the commitment of the working class to stand in solidarity against the exploitative nature of capitalism. Whilst in Malaysia we have seen the reduction of sweat-shops, exploitation has taken on a different and more sophisticated form.

As we celebrate Labour Day this year, it is imperative for us to reflect upon the challenges which we, the working class, are faced with.

Globalization, used by the proponents of an uncaring form of capitalism, has been used as a tool to internationalize the exploitation of workers. Governments are increasingly playing a secondary role to Trans-National Corporations (TNCs). The objectives of TNCs are one and the same, which is to maximize profits. They have no qualms about doing it at the expense of the masses, and Governments are succumbing to the strength of the TNC dollar.

Globalization - A Call for Workers to Unite Internationally

The divide between the haves and the have-nots have increased since the advent of globalization. There are many more people in the world which are being pushed to the fringes of poverty, all in the name of lowering of costs to maximize profits.

Investors are portrayed as sacred cows, with the masses being warned so as not to incur their wrath. Demands for wage increases, the legitimate and inalienable right of all workers, are being touted as `wrong’. Management would rather that Unions make an appeal with a whisper and allow discretions or charity to be exercised by those who own the means of production.

The position of the working class in our modern society has been cheapened to such an extent that Management would come up with various ingenious schemes to take the initiative away from organized labour.

The MTUC is advocating that `social clauses’, which takes care of the rights of workers, among others, be incorporated in all multilateral trade agreements. It would be impossible for MTUC to do this by ourselves. MTUC would thus seek to forge closer alliances with international trade union movements both by itself and through its affiliates.

The Malaysian Labour Dilemma

The protection accorded to workers in this country are being diminished, all in the name of giving greater leeway to capital to exercise its every whims and fancies freely.

The main areas which need to be accorded attention to are :

a. Claims for Recognition by Unions

This would rate as the pulse of trade unionism. Unfortunately, the Government bureaucracy is being used as an excuse to delay claims of recognition by Unions to represent workers in Companies. It is not uncommon for such claims to be laying idle at the desks of the officials of the Ministry of Human Resources for years. I would venture to say that if no pressure is applied, the claims would not be processed.

The process for determining as to whether the Unions have a majority to represent workers in a Company, as prescribed by the law, leaves much to be desired. Very little protection, if any, is given to the more active members where they are faced with victimization schemes by their Companies.

The MTUC is calling for a more transparent and speedier system to deal with claims for recognitions by Unions.

b. Minimum Wage

The absence of a minimum wage in this country would speak volumes of the status that the common worker occupies in the make-up of society. Where less progressive nations such as Bangladesh, Thailand, Vietnam and even a supposedly low labour-cost haven like China have in place a minimum wage mechanism, there is no good reasons as to why Malaysia cannot have one.

A minimum wage, which is revised periodically, would ensure that no citizen of the country would have to work at a wage level which would not allow him to take care of his and his family’s basic needs. It certainly cannot be too much to ask.

It is pointless to have in place such mega-projects which often turn out as white elephants when we compromise on our social institutions.

c. Lack of Consultation with Workers’ Representatives on National Level Policies

Workers in this country make up the majority. Yet, it would seem that the decision-making powers are vested in the hands of a very few. This has given rise to an elitist form of Governance, which is not in the interest of the general public.

Workers’ Representatives should be consulted on all issues affecting them, be it the issue on foreign labour, amendments to legislations and the like. Any decision made after consultation and deliberation would more likely be palatable to the public at large.

There are many other issues but it would suffice for me to raise the ones as I raised above for the purposes of this year’s Labour Day.

The Call for Solidarity

The need for workers solidarity is as apparent today as it was when our brothers and sisters from the trade union movements of the generations before us fought for the 8-hour working day, one-rest day in a week, healthy working conditions, etc.

We are today faced with the scourge of globalization, where the wages of workers internationally are being depressed. Outsourcing is one of the means to lower wages, where jobs are shifted to lower labour-cost countries. The shifts would continue to take place. If China is the place to be now, we could all be rest assured that there would be a shift away from China in time to come - when the cost of labour there rises. The bottom of the barrel is unknown, where in the meantime families are being challenged to make ends meet and their quality of life being compromised on.

We should all now take greater pains to increase the membership of Unions to accord workers greater protection. The increase in numbers would also allow for greater resistance to be put up against the might of capital.

By THOMAS HUONG 

Introduction

The building costs RM30mil. It has been left to rot for over a year. MPSJ chief Datuk Mohd Arif Abdul Rahman said the 3C Complex would open by the end of last year. It didn’t happen and residents of Subang Jaya, SJ and Bandar Sunway want some answers.
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RESIDENTS of Subang Jaya, USJ and Bandar Sunway are concerned over the delay in the opening of the 3C (Children’s Creative Centre) Complex.

They are also puzzled as to why the RM30mil complex, near Sunway Pyramid shopping mall and SS13 in Subang Jaya, is allowed to take on a dilapidated look.

The building has been left abandoned since Subang Jaya Municipal Council (MPSJ) completed it in 2004.

The cracked and broken window panes are still there despite StarMetro highlighting the building’s condition twice last year.

In a faxed statement to the newspaper last September, MPSJ president Datuk Mohd Arif Abdul Rahman said the council was calling for tenders from companies to manage the complex.

He added that the complex should be opened to the public by the end of last year.

The complex was built as a place dedicated to children and their development.

It has three main buildings, spread over 1.26ha. There were plans for a four-storey learning centre, a three-storey workshop, a four-storey art gallery and a playground.

Catering to youngsters aged between three and 16 years old, the complex was also to be the venue for indoor activities such as drama, dance, theatre and cooking classes besides outdoor activities such as gardening, camping and pet care.

Residents’ Committee Zone 5 (USJ 1) Kamarudin Rasol said residents were demanding an explanation from the council.

“They are still in the dark about the status of the complex. Millions of ringgit have been spent. It will be a great loss to the public if the complex is not utilised,” said Kamarudin.

The complex could also be a safety hazard, he added.

“The proximity of a busy highway and high-tension electricity cables to the complex could affect children’s safety,” said Kamarudin.

A resident who wanted to be known only as Devan claimed that even before the complex was built he wrote to the council about studies that showed the possibility of cancer and leukaemia arising from long-term proximity to high-tension electricity cables.

“I have also advised the council to relocate the complex. However, there was no response from the council,” said Devan, a resident of SS18.

Samson David Maman, a well-known member of the business community in SS15, Subang Jaya, felt that the complex could become a waste of the taxpayers’
money.

Samson also wondered if an environmental impact assessment (EIA) was conducted before the complex was built.

“If the complex is not suitable for children, hopefully it can be converted into a facility that the public can utilise,” said Samson.

Residents’ Committee Zone 4 (Bandar Sunway) chairman Goh Hai Thun said he
hoped that the complex would not turn into a white elephant.

“It must not be a waste of public funds that could otherwise have been put to better use,” he said.

Echoing the views of Goh, Bandar Sunway Residents’ Association president Dr Rafi Khan said the location of the complex was not suitable.

“It is adjacent to a light industrial and commercial area,'’ he said. “The complex should have been located nearer to residential neighbourhoods.”

Dr Rafi claimed that residents were not informed or consulted when construction work began on the complex three years ago.

“As far as I know, none of the residents’ associations or residents’ committees requested for such a complex. Since the complex has been built anyway, the council must make sure it is put to good use,” said Dr Rafi.

MPSJ was approached last Thursday for comment but up until Saturday, the council had not responded.

by Saadon Aksah (Harakah)

replytosaadon@yahoo.co.uk

KUALA LUMPUR: PAS condemns the arrest of human rights activists Tian Chua on Dec 14, and decried the action as ‘very contradictory’ to the government calls for the release of the Burma National League Democracy leader Aung Sang Suu Kyi.

“They do not constitute any danger to anybody as they are part and parcel of human rights movement that even the government of the whole Asean country seems to be fighting for,” PAS secretary general Datuk Kamaruddin Jaafar said.

“Therefore it is very contradictory to their own course if they (the Malaysian government) detain anybody who voices their support to see that human rights is genuinely promoted in the whole region,” he told reporters recently, shortly after arriving at the venue intended for the demonstration.

He also noted that the “ASEAN leaders have, throughout their deliberations neglected to touch on the human rights situation in Southern Thailand, which in the last year alone witnessed, the deaths of more than one thousand lives”.

“These (the incidents in Southern Thailand) are a clear case of violation of human rights happening right in the middle of the five original members of ASEAN group,” he said.

“We want ASEAN leaders to be consistent as per the human rights (in ASEAN), whether it be on the Myanmar (leader) Aung San Suu Kyii issue, which we wholeheartedly support for the democracy process there or for the case of Southern Thailand which we demanded ASEAN leaders to make a clear stand on,” he said.

“Since we heard that our Foreign Affair Minister (Datuk Seri Syed Hamid Albar) has demanded that Myanmar release all political detainees (then) we would like to and demand that the Malaysian leader released all political prisoner in Malaysia,” he said referring to Burmese currently detained in Malaysia.

PAS youth chief Salahudin Ayub said the arrest was a ‘mockery’ to the government commitment to Human Rights and would only served the country as a „laughing stock‰ within the international community.

ASEAN for business?

ASEAN Trade Union Council president Syed Shahir Syed Mohammad said the arrest was ’saddening’ and ’should not happen in a democratic country’ and that the activists were there to ‘raise matters’ which were not touch on by ASEAN leaders.

“They need to translate accurately what they meant as ASEAN for the people,” he said.

Human Rights Group Suara Rakyat Malaysia(SUARAM) said the police action to halt the gathering and ‘to act violently against the protestors’ were ‘totally uncalled for’ and a violation on freedom of assembly and freedom of expression as enshrined under the Universal Declaration of Human Rights.

Introduction

It is indeed timely for a conference of this nature to have been organized, to allow us to discuss issues which are affecting the world today and the measures which we have to undertake to make a real difference.

We are in a phase where we are experiencing changes to the social order which are tumultuous, essentially redefining the structure of society. We could be rest assured that history has seen nothing like this. Broadly speaking, we are experiencing a very worrisome trend where more and more power and authority is being shifted into the hands of capital.

The greatest ill facing us today is that of globalization and the liberalization of trade. Capital is now allowed to move freely from country to country, resulting in Governments being beholden to such capital. The transnational corporations and multinationals have since taken control and dictate the new world order. We have seen the powers and sovereignty of nations being eroded with the new imperial power being the big businesses.

Human rights and trade union rights have since been eroded quite dramatically to accommodate the need for a form of brutal capitalism to operate.

For the purposes of today’s discussion, I would like to highlight the following areas which would need to be addressed :

1. The need for social clauses in all multilateral or bilateral trade agreements

2. A minimum wage legislation which would cater for decent living in all countries in the world

3. A recognition of the right to form free trade unions and for unions to form a global alliance to counter the forces of globalized capitalism

Social Clauses

Most governments and almost all businesses have resisted the proposal for the inclusion of social clauses in trade agreements. They would, for obvious reasons, prefer such agreements to not incorporate any obligations to take care of the interests of the larger society.

This would allow for the maximization of profits with no corresponding obligation to ensure that there is no exploitation of the masses.

We must agree that it is pointless for us to be proud of high economic growth figures when the majority of the people do not enjoy any benefits from it. As a matter of fact, it is becoming increasingly evident in most countries that there is a widening of the gap between the rich and the poor. Whilst we used to, at one time, speak of the disparity in living standards between the `haves’ and the `have-nots’, we not have a third category - the `have lots’.

The measure of the economic success of any nation should be based on the size of the middle class - with the wider or larger the middle class, the better the state of the economy. It would be appropriate for me to state at this juncture that there should also be a universal measure of this, which should be monitored independently by a truly independent organization.

When we speak of a global independent organization, we have long recognized the United Nations as one. This is obviously a fallacy, with the United Nations also now headed and led by lackeys of big businesses.

In the case of Malaysia, the Government speaks proudly of having the tallest building, the longest bridge, our own national car, good roads, etc. What we have failed miserably at highlighting is that the people of this country, the common man who strives hard to earn a decent wage, has paid a high price for it. Just ask around and you would come away convinced that the `real income’ levels of the people in this country have diminished.

What real good is it to have the tallest building, longest bridge, etc., when the people of this country suffer from a countinuously diminishing standard of living ? Again, the masses are suffering whilst those who walk the corridors of power in politics or business are riding high.

Imposing the need for a social clause in trade agreements, which would ensure that the rights and needs of society are protected, are paramount. This would also weed out any kind of unfair labour practices by unscrupulous employers. We should insist upon the inclusion of social clauses in trade agreements which would ensure that, from a structural standpoint, the needs and rights of the masses are protected.

Minimum Wage

The need for a minimum wage in all countries in this world cannot be over-emphasized. Simply put, a minimum wage would ensure that people would enjoy a minimum standard of living. How can any business operate in any country where they can justify their reasons to make payments to their workers which do not allow them to enjoy a decent standard of living.

This phenomenon, which has been termed as globalization, is the major culprit. Wages are being depressed, with employers threatening to move their businesses to lower wage-cost countries. If there is a minimum wage standard in all countries, there would be a lesser issue of businesses or industries having to move from one country to another to take advantage of lower labour costs.

This has also resulted in the exploitation of workers in the developing world, where workers are being pressured, if not forced, to work beyond eight hours a day.

I would have to reiterate here that it is pointless for any Government to be boastful of their economic growth rates where the masses continue to suffer and have a poor quality of life.

In Malaysia, the national labour centre has for years pleaded with the Government to introduce a minimum wage. It has even made a proposal in writing but the Government has simply brushed it aside. I suppose that the Government would rather pander to the greed of businessmen who want to maximize profits at any expense, than to take care of the interests of the common man.

It is not a rocket science and the benefits of having a minimum wage far outweigh any apparent disadvantages. There are simply no excuses for Governments to reject the proposal for a minimum wage rate. Governments who refuse to implement or institute a minimum wage are obviously not independent and in the books of capitalists.

A Free Trade Union Movement

The challenges facing the trade union movement internationally in these times are huge and daunting.

Even countries like Australia, New Zealand and the United Kingdom has seen their Governments take measures to cripple the influence of trade unions. Traditionally, these countries have been the bastions of the trade union movement.

Legislation has also played a big part in ensuring that the trade union movement has lost its political influence. In Malaysia, a trade union official is prohibited from holding office in a political party. What sense does this make? Obviously, it is intended for the influence of trade union to be curtailed.

Such repressive laws should be done away with as the need for a free trade union to protect and represent the interests of their members is more apparent today than it ever was.

With capital having easier access across territorial boundaries, it is time for a global alliance of labour to be forged.

What we have today is a sprinkling of disjointed international labour movements who are unable to support their brethren in other countries. With capital having consolidated itself to get larger and stronger, the labour movement must only do likewise to counter its threat.

What we need is strength in terms of numbers, intellectual strength, commitment and loyalty to a cause.

We must continue to exert pressure to prevent any further weakening of the structure of the trade union movement. The movement should also work tirelessly in ensuring that it is free from the shackles of capitalist intervention and infiltration.

Conclusion

The main problems facing society today is the threat of the weakening of social institutions. This is, very clearly, due to the unmitigated form of capitalism which has slowly but surely seeped into our world.

The people most affected by the ills of globalization would be the common man - the wage earner who ploughs in all his honest efforts to cloth, feed and shelter his family. The dimensions have changed dramatically in the recent past, with the primary concern being the widening divide between the bourgeoisie and the proletariat.

We would have to spread our word and our efforts around more aggressively in order to ensure that our children will have a decent world to live in.

The Article `’Employees Overprotected’ in the Letters to the Editor on Friday, 26 November by one S.H. Tan, contains some very fundamental flaws and misimpressions which would have to be corrected.

The premise of the writer at arriving at such a conclusion seems to be the high number of cases pending before the Industrial Court and to the high compensation awarded to claimants in some cases.

The Industrial Court is part of the industrial relations system in the country and is a Court of `equity and good conscience’, meant to ensure that social justice is maintained and preserved in disputes arising between employer and employee and in some cases the trade union of workmen. In any case before the Court, the Court would look at the merits and circumstances surrounding each case before arriving at a decision. It is not a certainty that an employee would succeed in a claim before the Industrial Court as there are many occasions where the employees’ claims fail.

The large number of cases pending before the Industrial Court and the Industrial Relations Department should instead reflect on the `high-handed’ approach by some employers who, especially of late, indiscriminately terminate the services of their employees.

An employee who has lost his job is the victim and not the employer. Employers have stockpiles of reserves whilst the employees who have been dismissed would find it difficult to obtain another job and would face financial hardship. Such financial hardship would extend to his family and by and large, it has an adverse effect on society.

In this time and age, the protection that is accorded to workers in this country are slowly but surely being whittled away, all in the name of competitiveness and globalization. Employers are becoming increasingly brutal and have discounted the years of loyal service which employees have given them and ignored the fact that it is their employees who have ensured their survival year after year.

To contend that we have a highly `protectionist’ labour policy is certainly unfounded and untrue. We do not have in place a minimum wage system and in some Companies, the wages paid to employees cannot possibly be expected to maintain themselves and their families. Despite there being in place legislative provisions, Companies have folded-up without having paid their workers any retrenchment benefit payment. Workers and their families are left high and dry, sometimes even driven into poverty.

Recognition claims by trade Union often takes years to be processed, during which time those employees who are seen as Union activists are subjected to discrimination and various forms of victimization.

A dismissed employee would probably have to wait for five to six years before he has his case heard before the Industrial Court. Even if he were to succeed in his claim, the compensation usually awarded would not make up for the injustice inflicted upon him. The employer, through having failed by losing their case in Court, would have in reality succeeded as the objective of removing an employee would have been attained at a very small price.

In the case of employees earning above a certain threshold, it would be wrong to deny them access to the system of justice. An employee earning above RM 5,000, or any other threshold, still has to provide for himself and his family. It would be morally wrong to preclude any category of employee access to the Industrial Court. Further, if such a proposal would come into being, it would provide free access for employers to victimize such workers.

If we were to look at the wage administration system in the country, it has certainly not kept up with times and workers are paying a heavy price for it. The Consumer Price Index (CPI) measure, which is used as a barometer for wage adjustments, does not take into consideration the essentials of contemporary living. The CPI increase year-on-year over the past few years hovers in the region of 1% to 2%. If we were to simply take the increase in the price of petrol and toll over the last few years, we would certainly have to question the validity of such a measure.

The workers of this country have contributed immensely to the economic and social progress of this nation. It is the common worker who is currently facing the brunt of globalization and the efforts to suppress wages for the benefit of capital, which is increasingly becoming a worldwide phenomenon.

Countries which have achieved an advanced economic standing have, most of them at least, safeguards in their institutions which protect the interest of their workforce. It is in such advanced countries that the trade union movement and social activism is the strongest. Trade Unionism and an industrial relations system which safeguards the interests of workers therefore is by no means an impediment to economic progress. It serves as a measure of check and balance to ensure that unbridled and unmitigated capitalism does not work against the interest of the larger citizenry.

A depiction of third-world mentality is where the business leaders of a country attempt to institute change to institutions which would suppress the rights of the people of their own nation. Such a form of suppression would not be allowed to take place in First World countries as the people would oppose it.

Let us instead focus on strengthening the labour laws in this country in order to ensure that the exploitation and unfair treatment of workers would be put to an end.

SUBANG JAYA: Kejohanan Bowling Angkatan Muda Selangor yang julung kali diadakan di Kelana Jaya mendapat sambutan di luar dugaan apabila 10 penyertaan lewat terpaksa ditolak kerana tidak menepati masa yang ditetapkan.

Kejohanan anjuran Angkatan Muda Kelana Jaya itu menerima sebanyak 38 penyertaan berpasukan sedangkan pusat bowling di Ampang Bowling The Summit USJ, tempat kejohanan itu diadakan hanya mampu menampung 28 kumpulan sahaja pada satu-satu masa.

Pada keseluruhannya, pasukan Petando dari Puchong berjaya mengaut piala kejohanan dengan jumlah jatuhan pin sebanyak 2213. Kumpulan tersebut menerima hadiah wang tunai RM500 serta piala.

Tempat kedua dimenangi oleh pasukan D’Boom dari Subang dengan jumlah kejatuhan pin sebanyak 2165.

Tempat ketiga pula dimenangi oleh pasukan NT Bowlers dengan jumlah jatuhan pin sebanyak 2117.

Tempat kedua dan ketiga masing-masing menerima hadiah wang tunai RM400 dan RM300.

Bagi kategori individu pula, Jebat dari pasukan D’Boom berjaya mencatat jumlah jatuhan pin terbanyak iaitu 633 pin. Beliau mendapat hadiah hamper barang-barang makanan.

Kesemua hadiah disampaikan oleh Ketua Angkatan Muda Selangor, Mohd Fauzi Yusoff.

Ketua Bahagian KeADILan Kelana Jaya, Syed Shahir Mohamud hadir merasmikan kejohanan tersebut.

Dalam ucapannya, beliau mahu acara kejohanan seperti itu dijadikan acara tahunan, iaitu sekali dalam empat bulan. Menurutnya program seumpama itu bukan saja baik untuk kesihatan bahkan dapat mempereratkan hubungan antara ahli.

Sementara itu, berikutan sambutan yang menggalakkan, Angkatan Muda Kelana Jaya akan mengadakan kejohanan seumpama itu pada bulan Mac tahun depan di pusat bowling lain yang mampu menampung lebih banyak pasukan pada satu-satu masa.

Dipterik dari Harakah Daily

Kementerian Dalam Negeri diminta mendedahkan siapakah ahli politik yang bergelar dato’ yang dijumpai dalam pusat hiburan yang diserbu polis malam semalam.

AJK PAS Pusat, Mujahid Yusof dalam kenyataanya berkata, memberitakan seorang dato’ terlibat tanpa mendedahkan siapakah dia akan membuatkan masyarakat tersalah anggap kepada semua ahli politik yang bergelar dato’.

Pusat hiburan yang terletak di sebuah hotel ternama di Subang Jaya itu diserbu polis kira-kira jam 10 malam semalam.

Sekumpulan wanita disyaki pelacur termasuk seorang ahli politik bergelar dato’ itu dilaporkan tergamam apabila sepasukan polis dari Jabatan Siasatan Jenayah (JSJ) Bahagian Perjudian, Kongsi Gelap dan Maksiat (D7) Bukit Aman melakukan serbuan.

Sumber polis berkata, dalam serbuan bermula kira-kira jam 10 malam itu, 25 wanita warga China dan lima rakyat tempatan ditahan.

Ketika serbuan, terdapat 43 pelanggan pelbagai usia dan mereka ditahan untuk membantu siasatan. Bagaimanapun tidak dapat dipastikan apakah dato’ berkenaan turut diambil kenyataan.

Harian Metro melaporkan, Ketua Polis Daerah Subang Jaya, Asisten Komisioner Muhd Fuad Talib, berkata sebelum ini, pusat hiburan terbabit diserbu enam kali sepanjang tahun ini.

“Kali terakhir ia diserbu pada 30 September lalu membabitkan tujuh wanita disyaki pelacur ditahan.
“Polis percaya pusat hiburan itu mempunyai pintu khas yang menghubungkannya ke satu lokasi lain,” katanya.

Yang peliknya, bagaiamana pusat hiburan yang sudah menjadi pusat pelacuran itu itu boleh bertahan sedangkan ia sudah enam kali diserbu.

“Oleh kerana polis yang membuat serbuan, saya minta Menteri Keselamatan Dalam negeri atau timbalannya, Dato’ Noh Omar mengumumkan siapakah dato’ yang dimaksudkan itu.

“Ini kerana, nama dato’ ini adalah mulia di mata masyarakat dan jika tidak didedahkan, ia akan merosakkan nama baik dato’-dato’ lain yang tidak terlibat,” kata Mujahid Yusof dalam kenyataannya.

Beliau juga ingin tahu apakah dato’ berkenaan turut dibawa ke balai polis dan dikenakan ketut ketampi dalam keadaan telanjang sebagaimana yang dikenakan ke atas wanita Melayu dalam klip video yang terkenal itu.