AsiaOne ran this article by The Nation/Asia News Network on 30 June 2009:
Human trafficking: More women, children being victimised
THAILAND - More and more women and children are becoming part of human-trafficking scams, a report from the Foundation for Women (FFW) said yesterday.
"With countries like Laos having a very male-oriented society, male family members force women or children to shoulder bread-winning responsibilities. Since children and women are weak, they are not allowed to make decisions and instead are taken advantage of or violated by human traffickers," Panjit Kaewsawang, a social worker with the FFW, said at a seminar yesterday.
"Some female victims in Laos cannot even use the money given to them by the FFW to bring their lives back in order. Instead the money is used for other purposes such as a relative's wedding, the purchase of a tractor or a satellite dish," she added.
She studied the lives of victims in Laos, Cambodia and Burma after they were rescued from a life of drudgery.
Panjit said she found that mothers and children were often abandoned, which put them at further risk. She also found that some Burmese refugees on the Thai border kept selling their children even after they had been rescued from human traffickers.
The seminar, held at Bangkok's Asia Hotel, was organised to study the problem of human trafficking and to find a way of assisting victims after they had been rescued.
Meanwhile, Matthana Chetamee, the FFW's project coordinator in Thailand, has discovered that illegal agents held a lot of power in certain communities, which not only threatened people's safety but also made it difficult to corner them.
"The agents will have donated large amounts of money to temples, thereby gaining the respect and trust of the locals. Victims who try to take these agents to court are usually condemned by their communities," Matthana said.
Another problem that Thai human-trafficking victims face is that some relevant government officials do not take them seriously.
"Many have told me that every time they asked for financial assistance, they were made to feel like beggars," Matthana said.
FFW's president Siriporn Skrobanek recommended that both governmental and non-governmental organisations jointly approach local administrative organisations and have them take part in making locals understand what happens to human-trafficking victims and encourage them to fight against the illegal agents.
She also called on relevant officials to pay serious attention to victims. "People accused of human trafficking out on bail should not be allowed to go overseas," Siriporn added.
Tuesday, June 30, 2009
Regional Rights Body Dismissed as "Toothless"
IPS (www.ipsnews.net) ran this article on 27 June 2009:
SOUTHEAST ASIA: Regional Rights Body Dismissed as "Toothless"
By Marwaan Macan-Markar
BANGKOK, Jun 27 (IPS) - Southeast Asia is weeks away from getting its own regional human rights body, but not everyone is cheering the birth of this new mechanism due to be approved at a foreign ministers’ meeting here. Least of all the region’s vibrant human rights community, spread across the 10 countries that belong to the Association of South-east Asian Nations (ASEAN).
In a final, desperate push to lobby for an ASEAN Human Rights Body (AHRB) with teeth, over 200 civil society organisations, activists and academics have dispatched a letter to the high-profile committee drafting the terms of reference (ToR) of the rights body to make it an "effective" mechanism.
Plans are afoot to meet some foreign ministers before they assemble for the 42nd ASEAN Ministerial Meeting in the resort island of Phuket, from Jul. 17- 23. The ministers are due to approve the ToR for the AHRB, paving the way for it to start functioning later in the year.
The countries in the regional bloc, which was formed in 1967 as a bulwark against the spread of communism, include Brunei, Burma (or Myanmar), Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand and Vietnam.
Most troubling for the activists is the lack of power for this regional entity to investigate rights violations among member countries and the absence of independent human rights experts to be on the body. There is also a call for the AHRB to have regular reviews of the human rights situation in the region.
"We hear that these three demands have not been met," says Yuyun Wahyuningrum, East Asia programme manager for FORUM-ASIA, a Bangkok- based regional rights lobby. "There is opposition from Laos, Vietnam, Myanmar and Cambodia. Even Singapore and Malaysia have said our demands are difficult."
"We said this has to do with the lives of victims, in our meetings with the government officials," she added in an interview. "The ToR is very weak and may do little to improve the human rights situation in the region."
That is confirmed by the confidential draft text of the ToR seen by IPS. Although stating that the AHRB is being created to "promote and protect human rights and fundamental freedoms of the peoples of ASEAN," the language in this nine-page document is short on specific details on precise actions of the new body to protect victims of gross abuse.
There are also provisions for principles that the 42-year-old ASEAN is known for, such as "non-interference in the internal affairs of ASEAN Member states" and "respect for the independence, sovereignty, equality, territorial integrity and national identity of all ASEAN Members States."
But non-governmental organisations (NGOs) argue that when governments sign international treaties they give up an aspect of sovereignty and are open to some monitoring by the international community.
"To renege on the international human rights standards at this point would be really a shame," says Rafendi Djamin, coordinator of Indonesia’s NGO Coalition for International Human Rights Advocacy. "This would again affirm the widespread perception that ASEAN lacks the political will to protect human rights."
There is already a view among some activists that the AHRB is destined to fall far short of what national human rights commissions in some ASEAN countries - such as Indonesia and the Philippines - have achieved. They have strong investigation mechanisms and independent commissioners.
"The power to investigate human rights violations is the first mandate of the Philippines human rights commission," says Cres Lucero, deputy executive director of the Manila-based Task Force Detainees of the Philippines. "It helps with a witness protection programme and is committed and has a capacity building plan."
"The credibility of any human rights body will be judged on its power to investigate," she added during a telephone interview from the Philippines capital. "It is disappointing that the AHRB will be weaker than the national human rights bodies."
ASEAN’s history offers a window into understanding why the AHRB is hampered by these flaws despite the region’s charter, which came into force last December, spelling out that the need for a regional human rights mechanism was important in making the bloc a rules-based entity on the lines of the European Union.
With the exception of Indonesia and the Philippines and, to some measure Thailand, the rest of ASEAN’s members have governments that permit a limited democratic culture to ones that crush all hints of political and civil liberties. The latter are still comfortable with the concept of "Asian values" - an idea advanced by the authoritarian leaders of Malaysia and Singapore in the 1990s to justify the strong grip with which they ruled, and to deflect criticism from the West.
"The ToR for the AHRB mirrors the shortcomings of the ASEAN Charter as a whole," says Thitinan Pongsudhirak, a political scientist at Bangkok’s Chulalongkorn University. "It has the politically correct concepts. But in the details, it has been diluted and is not effective."
"The problem is that the ToR was a ‘Track One’ process like the ASEAN Charter. Only officials were involved in drafting it," he explained to IPS. "ASEAN is full of non-democratic countries. So a ‘Track One’ process lacks legitimacy, lacks people’s participation and also ruins the purpose."
SOUTHEAST ASIA: Regional Rights Body Dismissed as "Toothless"
By Marwaan Macan-Markar
BANGKOK, Jun 27 (IPS) - Southeast Asia is weeks away from getting its own regional human rights body, but not everyone is cheering the birth of this new mechanism due to be approved at a foreign ministers’ meeting here. Least of all the region’s vibrant human rights community, spread across the 10 countries that belong to the Association of South-east Asian Nations (ASEAN).
In a final, desperate push to lobby for an ASEAN Human Rights Body (AHRB) with teeth, over 200 civil society organisations, activists and academics have dispatched a letter to the high-profile committee drafting the terms of reference (ToR) of the rights body to make it an "effective" mechanism.
Plans are afoot to meet some foreign ministers before they assemble for the 42nd ASEAN Ministerial Meeting in the resort island of Phuket, from Jul. 17- 23. The ministers are due to approve the ToR for the AHRB, paving the way for it to start functioning later in the year.
The countries in the regional bloc, which was formed in 1967 as a bulwark against the spread of communism, include Brunei, Burma (or Myanmar), Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand and Vietnam.
Most troubling for the activists is the lack of power for this regional entity to investigate rights violations among member countries and the absence of independent human rights experts to be on the body. There is also a call for the AHRB to have regular reviews of the human rights situation in the region.
"We hear that these three demands have not been met," says Yuyun Wahyuningrum, East Asia programme manager for FORUM-ASIA, a Bangkok- based regional rights lobby. "There is opposition from Laos, Vietnam, Myanmar and Cambodia. Even Singapore and Malaysia have said our demands are difficult."
"We said this has to do with the lives of victims, in our meetings with the government officials," she added in an interview. "The ToR is very weak and may do little to improve the human rights situation in the region."
That is confirmed by the confidential draft text of the ToR seen by IPS. Although stating that the AHRB is being created to "promote and protect human rights and fundamental freedoms of the peoples of ASEAN," the language in this nine-page document is short on specific details on precise actions of the new body to protect victims of gross abuse.
There are also provisions for principles that the 42-year-old ASEAN is known for, such as "non-interference in the internal affairs of ASEAN Member states" and "respect for the independence, sovereignty, equality, territorial integrity and national identity of all ASEAN Members States."
But non-governmental organisations (NGOs) argue that when governments sign international treaties they give up an aspect of sovereignty and are open to some monitoring by the international community.
"To renege on the international human rights standards at this point would be really a shame," says Rafendi Djamin, coordinator of Indonesia’s NGO Coalition for International Human Rights Advocacy. "This would again affirm the widespread perception that ASEAN lacks the political will to protect human rights."
There is already a view among some activists that the AHRB is destined to fall far short of what national human rights commissions in some ASEAN countries - such as Indonesia and the Philippines - have achieved. They have strong investigation mechanisms and independent commissioners.
"The power to investigate human rights violations is the first mandate of the Philippines human rights commission," says Cres Lucero, deputy executive director of the Manila-based Task Force Detainees of the Philippines. "It helps with a witness protection programme and is committed and has a capacity building plan."
"The credibility of any human rights body will be judged on its power to investigate," she added during a telephone interview from the Philippines capital. "It is disappointing that the AHRB will be weaker than the national human rights bodies."
ASEAN’s history offers a window into understanding why the AHRB is hampered by these flaws despite the region’s charter, which came into force last December, spelling out that the need for a regional human rights mechanism was important in making the bloc a rules-based entity on the lines of the European Union.
With the exception of Indonesia and the Philippines and, to some measure Thailand, the rest of ASEAN’s members have governments that permit a limited democratic culture to ones that crush all hints of political and civil liberties. The latter are still comfortable with the concept of "Asian values" - an idea advanced by the authoritarian leaders of Malaysia and Singapore in the 1990s to justify the strong grip with which they ruled, and to deflect criticism from the West.
"The ToR for the AHRB mirrors the shortcomings of the ASEAN Charter as a whole," says Thitinan Pongsudhirak, a political scientist at Bangkok’s Chulalongkorn University. "It has the politically correct concepts. But in the details, it has been diluted and is not effective."
"The problem is that the ToR was a ‘Track One’ process like the ASEAN Charter. Only officials were involved in drafting it," he explained to IPS. "ASEAN is full of non-democratic countries. So a ‘Track One’ process lacks legitimacy, lacks people’s participation and also ruins the purpose."
Saturday, June 27, 2009
Firm Fined $100k Over IR Worksite Death
The Straits Times ran this story on 27 June 2009:
Firm fined $100k over IR worksite death
By Elena Chong
A CONSTRUCTION company was fined $100,000 yesterday over a fatal accident on the worksite of the Marina Bay Sands integrated resort, where a brick wall collapsed on a foreign worker.
A representative of Lian Beng Construction, the occupier of the worksite, pleaded guilty to failing to ensure a safe workplace on Jan 16 last year.
In the same court, Indian national Pitchai Alagarsamy, 40, the former foreman of Soon Li Heng Civil Engineering, was fined $800 - $200 shy of the maximum fine - for failing to work with Lian Beng to stop the wall from being backfilled.
This safety breach resulted in the death of Mr Xie Xu Han, 39, who died of multiple fractures.
Lian Beng was contracted by Marina Bay Sands to build the sub-structure for the three hotel towers on the site; Lian Beng sub-contracted Soon Li Heng to carry out the earthworks on the site, Ministry of Manpower prosecutor Danny Han told the court.
The accident happened while a basement was being built. As one part was progressing ahead of the other, a gravity wall was to be erected to demarcate and separate the work areas.
Investigations showed that a brick wall was erected to act as a formwork for the gravity wall.
Not supported with any other structure, the backfilled brick wall collapsed onto the Chinese national.
The court heard that a few hours before the accident, Alagarsamy had seen the brick formwork being backfilled with earth. He did nothing to stop it although he had been told backfilling should not be done.
Lian Beng's lawyer Raymond Chan said that, following the accident, steps have been taken to improve workplace safety. Under the Workplace Safety and Health Act, the company could have been fined up to $500,000.
Firm fined $100k over IR worksite death
By Elena Chong
A CONSTRUCTION company was fined $100,000 yesterday over a fatal accident on the worksite of the Marina Bay Sands integrated resort, where a brick wall collapsed on a foreign worker.
A representative of Lian Beng Construction, the occupier of the worksite, pleaded guilty to failing to ensure a safe workplace on Jan 16 last year.
In the same court, Indian national Pitchai Alagarsamy, 40, the former foreman of Soon Li Heng Civil Engineering, was fined $800 - $200 shy of the maximum fine - for failing to work with Lian Beng to stop the wall from being backfilled.
This safety breach resulted in the death of Mr Xie Xu Han, 39, who died of multiple fractures.
Lian Beng was contracted by Marina Bay Sands to build the sub-structure for the three hotel towers on the site; Lian Beng sub-contracted Soon Li Heng to carry out the earthworks on the site, Ministry of Manpower prosecutor Danny Han told the court.
The accident happened while a basement was being built. As one part was progressing ahead of the other, a gravity wall was to be erected to demarcate and separate the work areas.
Investigations showed that a brick wall was erected to act as a formwork for the gravity wall.
Not supported with any other structure, the backfilled brick wall collapsed onto the Chinese national.
The court heard that a few hours before the accident, Alagarsamy had seen the brick formwork being backfilled with earth. He did nothing to stop it although he had been told backfilling should not be done.
Lian Beng's lawyer Raymond Chan said that, following the accident, steps have been taken to improve workplace safety. Under the Workplace Safety and Health Act, the company could have been fined up to $500,000.
Monday, June 8, 2009
MOM Helped Recover $800,000 in Salary Claims This Year
AsiaOne ran this article on 8 June 2009:
MOM helped recover $800,000 in salary claims this year
In the first quarter of this year, the Ministry of Manpower (MOM) helped 750 local workers recover about $800,000 in claims.
Since its inception in 1968, MOM's Labour Court has served an important function in enabling workers with valid claims to seek a quick resolution without incurring high costs.
The Labour Court heard around 490 cases, for which Orders were issued for payments to be made to workers. For the remaining cases, employers reached out-of-court settlements with their workers.
Salary in lieu of termination notice
One such case involved in Dec last year involved a company which terminated the services of four employees, without paying their salaries in lieu of termination notice.
The company also owed salaries to three of them, ranging from $1,700 to $6,000.
Upon inquiry by the ministry, the employees were eventually paid the full amount they were owed in May this year.
Employers are reminded that notice periods in employment contracts provide time to the affected party to prepare for the cessation of the employment relations. If employers intend to vary the terms of the employment contract, this should be communicated clearly and put in writing.
Paid sick leave and unauthorised salary deduction
Another case involved a worker in a childcare centre who took eight days of hospitalisation leave in Dec last year, and also further hospitalisation leave in Feb and Mar this year. The employer failed to pay her salaries in Feb and Mar, and also deducted the eight days of hospitalisation leave in 2008 from her salary in Jan 2009.
Under the Employment Act, an employee is entitled to pay sick leave if he has served the employer for at least 3 months.
Annual leave, sick leave and termination notice
In another case, a worker was terminated while he was on hospitalisation leave, and offered $2,800 as settlement, with no explanation given as to how sum was arrived at.
The Labour Court informed the employer that his full obligation to the worker upon terminating his services should have been around $5,300. The full termination payment was eventually paid to the employee.
MOM advisory
Workers are advised to refer to their obligations and rights in their employment contracts and the Employment Act.
If they feel that the law has not been complied with, they may approach the Ministry for advice and assistance. They can also make an e-appointment through the MOM website at www.mom.gov.sg or contact MOM at 6438 5122.
MOM helped recover $800,000 in salary claims this year
In the first quarter of this year, the Ministry of Manpower (MOM) helped 750 local workers recover about $800,000 in claims.
Since its inception in 1968, MOM's Labour Court has served an important function in enabling workers with valid claims to seek a quick resolution without incurring high costs.
The Labour Court heard around 490 cases, for which Orders were issued for payments to be made to workers. For the remaining cases, employers reached out-of-court settlements with their workers.
Salary in lieu of termination notice
One such case involved in Dec last year involved a company which terminated the services of four employees, without paying their salaries in lieu of termination notice.
The company also owed salaries to three of them, ranging from $1,700 to $6,000.
Upon inquiry by the ministry, the employees were eventually paid the full amount they were owed in May this year.
Employers are reminded that notice periods in employment contracts provide time to the affected party to prepare for the cessation of the employment relations. If employers intend to vary the terms of the employment contract, this should be communicated clearly and put in writing.
Paid sick leave and unauthorised salary deduction
Another case involved a worker in a childcare centre who took eight days of hospitalisation leave in Dec last year, and also further hospitalisation leave in Feb and Mar this year. The employer failed to pay her salaries in Feb and Mar, and also deducted the eight days of hospitalisation leave in 2008 from her salary in Jan 2009.
Under the Employment Act, an employee is entitled to pay sick leave if he has served the employer for at least 3 months.
Annual leave, sick leave and termination notice
In another case, a worker was terminated while he was on hospitalisation leave, and offered $2,800 as settlement, with no explanation given as to how sum was arrived at.
The Labour Court informed the employer that his full obligation to the worker upon terminating his services should have been around $5,300. The full termination payment was eventually paid to the employee.
MOM advisory
Workers are advised to refer to their obligations and rights in their employment contracts and the Employment Act.
If they feel that the law has not been complied with, they may approach the Ministry for advice and assistance. They can also make an e-appointment through the MOM website at www.mom.gov.sg or contact MOM at 6438 5122.
Wednesday, June 3, 2009
Singapore Has Most Efficient Civil Service
Thomson Reuters ran this article on 3 June 2009:
Most efficient civil service
SINGAPORE'S civil servants are the most efficient among their Asian peers, a business survey on 12 economies released on Wednesday showed, but they tend to clam up unhelpfully when things go wrong.
The Republic was ranked first for a third time in a poll of 1,274 expatriates working in 12 North and South Asian nations on the efficiency of bureaucrats in those countries.
The poll was last held in 2007.
'During normal times, when the system is not stress-tested, it operates very well,' Hong Kong-based Political and Economic Risk Consultancy said in a 12-page report of Singapore's bureaucracy.
'However, during difficult times - or when mistakes are made that reflect badly on the system - there is a tendency among bureaucrats to circle the wagons in ways that lack transparency and make accountability difficult,' the report said.
India's 'suffocating bureaucracy' was ranked the least-efficient by the survey, which said working with the country's civil servants was a 'slow and painful' process.
'They are a power centre in their own right at both the national and state levels, and are extremely resistant to reform that affects them or the way they go about their duties,' PERC said.
Thailand, despite four years of on-off street protests and a year of dysfunctional government was ranked third.
'For all the country's troubles - or perhaps because of them - respondents to our survey were impressed with the way Thai civil servants have been carrying out their duties,' PERC said, adding that state offices associated with corruption presented the most difficulties for Thai citizens and foreigners.
PERC managing director Bob Broadfoot told Reuters that the controversy around huge investment losses by Singapore sovereign wealth fund Temasek was a good example of how things could become less transparent in in the island-state.
The Singapore government has come under fire from lawmakers and its citizens over several investment losses, particular its exit from Bank of America which resulted in a loss of over US$3 billion (S$4.32 billion), according to Reuters calculation.
The survey ranked Hong Kong second. China, which has been campaigning to fight corruption in its bureaucracy and improve efficiency on the civil service, was ranked 9th in the 2009 poll, two places down from 2007.
Ranking by most efficient to least efficient economies: Singapore, Hong Kong, Thailand, South Korea, Japan, Malaysia, Taiwan, Vietnam, China, Philippines, Indonesia and India.
Most efficient civil service
SINGAPORE'S civil servants are the most efficient among their Asian peers, a business survey on 12 economies released on Wednesday showed, but they tend to clam up unhelpfully when things go wrong.
The Republic was ranked first for a third time in a poll of 1,274 expatriates working in 12 North and South Asian nations on the efficiency of bureaucrats in those countries.
The poll was last held in 2007.
'During normal times, when the system is not stress-tested, it operates very well,' Hong Kong-based Political and Economic Risk Consultancy said in a 12-page report of Singapore's bureaucracy.
'However, during difficult times - or when mistakes are made that reflect badly on the system - there is a tendency among bureaucrats to circle the wagons in ways that lack transparency and make accountability difficult,' the report said.
India's 'suffocating bureaucracy' was ranked the least-efficient by the survey, which said working with the country's civil servants was a 'slow and painful' process.
'They are a power centre in their own right at both the national and state levels, and are extremely resistant to reform that affects them or the way they go about their duties,' PERC said.
Thailand, despite four years of on-off street protests and a year of dysfunctional government was ranked third.
'For all the country's troubles - or perhaps because of them - respondents to our survey were impressed with the way Thai civil servants have been carrying out their duties,' PERC said, adding that state offices associated with corruption presented the most difficulties for Thai citizens and foreigners.
PERC managing director Bob Broadfoot told Reuters that the controversy around huge investment losses by Singapore sovereign wealth fund Temasek was a good example of how things could become less transparent in in the island-state.
The Singapore government has come under fire from lawmakers and its citizens over several investment losses, particular its exit from Bank of America which resulted in a loss of over US$3 billion (S$4.32 billion), according to Reuters calculation.
The survey ranked Hong Kong second. China, which has been campaigning to fight corruption in its bureaucracy and improve efficiency on the civil service, was ranked 9th in the 2009 poll, two places down from 2007.
Ranking by most efficient to least efficient economies: Singapore, Hong Kong, Thailand, South Korea, Japan, Malaysia, Taiwan, Vietnam, China, Philippines, Indonesia and India.
Tuesday, June 2, 2009
Video: In Unity for Her Liberty
Thanks to Patrick Chng for giving us this video of the In Unity for Her Liberty: a Peace Vigil for Daw Aung San Suu Kyi's Freedom event at Speakers' Corner on 31 May 2009.
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