By: ABDUL AZIZ ISMAIL
HUMAN trafficking victims were drawn by promises of lucrative jobs or settlement in third country via Malaysia, and some of these victims were brought in masquerading as workers/students/professionals.
They never received employment contracts at all, or they were made to sign the employment contract just before they departed from their home country or made to sign after their arrival in Malaysia.
It is typical that the prospective victims, workers/students/professionals/transitters pays (IDR 5 to 15 million equivalent to MYR 2000 to MYR 6000, Bangladesh BGDTk 180,000 to BGDTk 220,000 equivalent to MYR 8,000 to MYR 14,000, India MYR 7,000 to MYR 9,000, Pakistan MYR 7,000 to MYR 9,000, Nepal MYR 7,000 to MYR 9,000, Chinese Women employed as masseur MYR 14,000 to MYR 20,000, Afghanistan USD 10,000 to USD 15,000) to the recruiters/agents/third party employers/ bogus employers/ outsourcing companies/ private colleges masquerading as bona fide recruiting agents of receiving country or agents of third country i.e. Australia, Canada, United States or Europe.
The Ministry of Home Affairs are giving approvals to those who wish to bring in foreign workers even without ready employment at their whim and fancies, even to their knowledge those applicants are human traffickers. These victims raised the money through borrowings or loan.
The victims for labour exploitation of the receiving country, Malaysia, left with no options and become slaves, even though they realized they had been exploited. The need to pay their debts limit their choices and they find themselves in a situation akin to debt bondage. They had no choice but to work against their will, locked in their work place, threatened with violence and denunciation to authorities because of their unclear status (masquerading as students or professionals) or their passports were withheld.
These Human Trafficking Syndicates is a well organized crime involving high level corruptions through patronage system. The Home Affairs Minister is totally inhumane when complaints forwarded before him and it was also established at the Industrial Department, Labour Court, Police, Immigration and AG Chambers, unfortunately the Minister reluctant to address the issue.
These reports was also been lodged to the MACC, unfortunately the MACC made a conclusion, MOHA giving approvals to bogus employers or companies without business infrastructure is of no element of corruptions or abused of power as they analyzed.
To make it worst @ 2030hrs on 20th September 2010 the Chief Secretary Ministry of Home Affairs called more than 150 groups of human traffickers for a dialogue to what the Chief Secretary called Legalization for Illegal Immigrants. (please refer press released by MOHA Chief Secretary dated 8th November 2010).
Most of these traffickers has started collecting fees from prospective illegal immigrants and their employers. These victims and their employers will be victimized if they lodge a report to authorities that they has been cheated. The expected service fee to legalize a foreign worker is MYR 2,200 excluding other charges such as levies, medical examination fee, compound and penalties.
The Ministry of Home Affairs is planning to outsource this legalized process to a few select cronies, and only these cronies can deal with authorities and monopolized with exorbitant fees.
The employment pass of Bangladesh Nationals currently is withhold by Immigration and not available for extensions, thus making the Bangladesh illegals, an act of bad faith by the Ministry of Home Affairs. The objective of this dialogue is to protect the Human Trafficking Industries, in which it is worth USD 13 billion FMT November 2010 report. (Malaysia leading in Human Trafficking USD 13 billion). These Human Traffickers are recruiters/bogus employers/agents/private colleges. They had for years brought in foreign workers without ready employment and abandon them or sold to third party.
This apart, YB Abdullah Sani Bin Abdul Hamid, the Secretary General of Club Employees Union of Peninsular Malaysia who is also Parliament Caucus Chairman for Workers and Refugees do involved in this undesired human trade. YB Abdullah Sani Abdul Hamid abused his position and with the support of Mr. Leow Keng Liok from Golfers Mate is now in business to drive away local workers and accommodate foreign slaves, they are hiding and sheltering under what they so called Manpower Business.
Golfers Mate a company appointed by Glenmarie Golf & Country Club and twelve other golf clubs to outsource, supply and manage foreign workers. Golfers Mate illegally outsource, supply and manage, this company has no operating license to operate such operation from Ministry of Home Affairs.
Most of the ex-employees of Golfers Mate after completing their contract were not paid accordingly as their contract or totally unpaid, and they were forcefully send home or deported. In our investigations shows illegal collusions from the Workers Union officials, Club Management officials is protecting this sort of undesired employer for corruptions.
These officials involved in terminating the services of the locals to accommodate the foreign slaves. Some of the victims are forced to be the mistress of these officials. Today this company engage illegals and a report was lodged against the company to the authorities but the authorities refused to act.
Live Examples
VICTIM 1: INDONESIAN
Gesti Nur Hidayati of Ds. Pandan Sari RT/RW 16/04 Kecamatan Sukoharjo, Kabupaten Tanggamus, Lampung, Indonesia she was force to have sex with ……? After she was found pregnant, she was send home/deported. She was employed as caddy at the Glenmarie Golf & Country Club under the third party employer Golfers Mate. Her employment lasted only 6 months without being paid. Today her life is so miserable with her baby. She was not accepted by her community for having baby out of marriage. She was recruited, with the understanding of lucrative jobs in Malaysia.
VICTIM 2: INDONESIAN
Fitrah Aristianti of Ds. Sukotilo Barat, Kampung Jarat Lanjang RT/RW 1/3 No. 28, Kecamatan Labang, Kabupaten Bangkalan, Madura, Indonesia. She was employed as a caddy at Glenmarie Golf & Country Club under Golfers Mate the third party employer.
Working for 18 months without being paid. She made complaints to the Industrial Relations Department and Labour Department (PBN.SEL.KBR 11001/2009/0746), and extended to the relevant authorities including the Embassy of Indonesia. A meeting was made possible by the Indonesia Labour Attache between the victim and employer.
At the meeting the victim was threatened by the Indonesia Labour Attache officials headed by Teguh Hendro Cahyono and 2 others Fahny Salika Pratama and Younus. She was forced to withdraw her complaints at the respective agencies or be detained in the Embassy shelter before deportation. She slipped away quietly to her friend's home, Suraya for shelter. A day before her mediation process at the Industrial Relation Department, she was kidnapped by a person named Leow Keng Feng masquerading as her future husband. She was received by the Indonesia Labour Attache @ 2000 hrs. and confined her 'incommunicado' in the Indonesia Embassy. She was deported and lost all her claims of 18 months unpaid wages.
(Malaysiakini Youtube titled Golf Clubs - The Hidden Truth). She was promised of lucrative income, and was also promised she can further her studies at High Institution in Malaysia.
VICTIM 3: INDONESIAN
(1. Hafni 2. Yanti 3. Sri Murni Subang Jaya Labour Court case No. KBR 11001/2009/1201) These victims were promised of lucrative income in Malaysia, they were brought in without going through the normal procedures engaging foreign workers accorded by Ministry of Home Affairs and Ministry of Human Resources.
The Labour Court Subang Jaya made a decision to the victim's favour with regard to their unpaid wages from their employer, but the court do make an unjust decision when it ruled that victim, Yanti is entitled to only a month's salary notwithstanding the written submission of the employer admitted that the unpaid wages remaining was 2 months. It was also established the employer cheated the court by producing fabricated false evidence.
A police report was made against the employer, and established at AG office, the exploitation of these victims of deceptive and coercive recruitment, that these elements are of human trafficking for labour exploitation.
The meeting was attended by from AG's office Tuan Mohd. Hanafiah Zakaria and Puan Adilla, the Police from Bukit Aman headed by SIO DSP Aida Othman and 2 other senior police officers and the Immigration headed by Puan Fatimah Zahari Department Head for Prosecution and senior officer Shahanizam.
The Police as to date fail to investigate, the reasons given from the Police, Puan Jamilah of ACP Sanusi office, that the Police had no jurisdiction to investigate, the case should be referred to the Human Trafficking in Persons Council, Ministry of Home Affairs. Report was also made to the Human Rights Commission Malaysia and then they referred to the Malaysian Anti Corruptions Commission.
However, the saddest part when the MACC from the office of Dato' Shukri Abdul informed that there is no elements of corruptions, abused of power or abused of the positions by the relevant agencies officials.
Apart from this, YB Abdullah Sani Abdul Hamid MP for Kuala Langat, the Sec. Gen. Club Employees Union of Peninsular Malaysia and also the Parliament Caucus Chairman for Workers and Refugees has also barred me from representing these victims.
The Immigration Department led by Selangor Deputy Director of Immigration En. Abdillah Azizuddin too had forced the victims deportations or the victims will be detained.
Thanks to YB Zuraida Kamaruddin Ampang MP who sheltered the victims and organized with some good samaritans and pays their passage home and their return for hearing in the Labour Court.
VICTIM 4: INDONESIAN
Rukiah Rusdi working for seven months without being paid. She made complaints to the Industrial Relation Department and Labour Department, and extended to the relevant authorities including the Police.
At the mediation process by the Industrial Relations Department the employer acknowledge liability to pay 10 months salary.
However, the Selangor Immigration threatened her with detention and to prosecute her at the criminal court her for abusing her employment pass, unless she is willing to return and not to proceed on her claims at the Industrial Relations Department and Labour Department.
She was employed under manufacturing sector on her employment pass, after seven months working in a factory she was sold to Golfers Mate and employed as a caddy. With the threats by the Selangor Immigration Department she with the other 3 victims return home.
Upon her arrival, she was threatened and her passport is withheld by her Indonesian Recruiting Agency and the BP3TKI not to return to Malaysia with regard to her cases, its an illegal collusion of BP3TKI, an Indonesian Government Agency handling migrant workers.
The victim's failure to attend her case automatically nullified her claims at Industrial Relations Department and the Labour Court. All these victims was referred to the Indonesian Embassy highest authorities including H.E.
Deputy Ambassador Mr. Tatang B. Razak. A meeting was convened on this issue presented by YB Zuraida Kamaruddin, but H.E. Mr. Tatang B. Razak has no interest to solve the problems or use his good office to have an operational service tackling these problems.
VICTIM 5: BANGLADESHI
Anowar Hossain was promised a lucrative income in Malaysia and paid RM 8,000 on that promised. He was given a student pass by Nirwana College and a consent letter allowing him to have temporary employment. This victim has to renew his student pass every year for RM 3,000. On 7th November 2010 he was detained for abusing his student pass.
The Immigration Department after an investigation, it was established he was exploited by Nirwana College. Instead investigating Nirwana College for Human Trafficking for Labour Exploitation, the Immigration Department extend his detention with the purpose for deportation. What an illegal collusion by the authorities.
Unknown to us how many Nirwana Group of Colleges has brought in foreigners masquerading as students. As for Bangladesh Nationals the recruitment fees is RM 8,000, what about Africans or other nationals how much they paid the college to enter Malaysia.
For me to go on with the live examples and testimonies are of hundreds of other nationals. This live example is for us to view and understand how the corruptions, illegal collusions and the modus operandi of human trafficking only. The documented evidence and testimonies to understand more on this issue will be given upon request.
KIMMA 12th December 2010 press statement request the TPM for the approval to bring in 25,000 Indian Nationals and Tan Sri Benard Dompok on 14th December 2010 that 40,000 manpower shortage in plantations due to Indonesians return home to work in plantations in their country is beyond the thinking of reasonable and civilized human, as the world knows Indonesian unemployment is about 50 million. Their statement is part of their magical masquerade to justify their wrong doings.
Lastly, if we do not stop this uncivilized culture of these agencies and officials concerned, we are also to blame for prostituting the country's security, economic and our future generation.
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