Japanese electronics company Asahi Kosei is challenged for not respecting worker rights

Asahi Kosei (M) Sdn. Bhd must respect Human Rights and Worker Rights
Reinstate Thiha Soe and Aung San Without Loss of Benefits
We, the undersigned 81 organizations, groups and networks are shocked at how Asahi Kosei (M) Sdn Bhd has unjustly treated its workers, in particular the 31 Burmese Migrant Workers, working at the factory at Lot 3377, Jalan Perusahaan Utama, Taman Industri Selesa Jaya, 43300 Balakong, Selangor Darul Ehsan, Malaysia.
On or about 31/1/2011, 31 Burmese migrant workers complained about non-compliance by the employer with their agreement. The workers alleged that the employer was paying them far less than what was promised. They also expressed disappointment in the wrongful deductions from their wages, which included deduction for hostel charges when the agreement was that the employer shall provide free accommodation. They also raised their disagreement with the deduction of RM50-00 for every day that a worker does not come to work, when the daily rate of pay is only RM20. They also wanted paid medical leave, which really is already a legal right in Malaysia.
In response, the workers informed us that on 7/2/2011 a gang of persons came and threatened them at their hostel. The police allegedly came with these persons. Before they left, these persons took all cooking utensils and materials, television, cooking gas, refrigerator, table fan and rice cooker) used by the workers. They switched off the electric main switch, and left the workers in the dark with no electricity. These persons reasonably can be assumed to be workers/agents of the employer.



Two workers, without their consent, were allegedly taken to the Kuala Lumpur International Airport (KLIA) with the impression that the employer will be sending them back to Burma (Myanmar). Fortunately, the said 2 workers managed to escape and run away.



On 8/2/2011, the workers lodged a complaint with the Malaysian Human Rights Commission (SUHAKAM) and also were preparing the formal paperwork required to lodge a complaint with the Labour Department.



On 9/2/2011, the employer had a meeting with the said 31 workers, whereby they proposed:-

a) an increase the salary to RM23 per day (whereby previously it was RM20),

b) that there will be no more allowances (previously RM2/day was paid as shift allowance and RM30 as monthly allowance)

c) that if worker is absent for 2 days in one month, they will deduct RM-50 (previously for ever day absent, the employer deducted RM50)

d) Hostel Charges shall be reduced to RM30 per month (previously it was RM50 per month)



The employer then gave the workers an ultimatum that they sign the new contract now, or be terminated and sent back to Burma immediately. The workers were not given any opportunity or time to consider the proposal, or to discuss the matter further.



Finally, all workers save 2, cowed under pressure and signed the new contract. The 2 workers who did not sign are Thiha Soe (PP No: A 458011) and Aung San (PP No: A432863), whereby Aung San was the worker who signed the complaint for and on behalf of all the workers when the complaint was lodged at the Human Rights Commission on 8/2/2011.



Thiha Soe and Aung San were then handed over by the employer to the recruitment agent, possibly to send them back to Burma. Both workers have been separated and taken to different undisclosed location. Both workers do not want to be sent back to Burma, and want to continue working at Asahi Kosei(M) Sdn Bhd factory in Balakong.



Asahi Kosei(M) Sdn Bhd, a subsidiary of Asahi Kosei Japan Co. Ltd., which makes Die-Cast Aluminium Parts for HDD(Computer Parts), VTR, And Automotive parts for, amongst others, Hitachi Ltd Automotive Systems, Hitachi Seisakusho, Denso(Toyota), Kawasaki Heavy Industry, Hitachi(Thai), Modenas , Seiko Instrument, Hitachi Global Storage, Matsushita Kotobuki, Matsushita Electronics, Toshiba, Maxtor, Seiko Epson, Kanematsu Device, Sony, Hitachi, Matsushita, JVC, Mitsubishi Electric, Philips, Sharp, Sanyo, Toshiba, Thomson, Yaskawa and Hitachi Mexico. It is sad that some companies with declared code of conducts and standards are seen to be associated with companies that violate worker and human rights.



We the undersigned 81 organizations, groups and networks
a) Call for Asahi Kosei(M) Sdn Bhd to immediately reinstate Thiha Soe and Aung San without any loss of benefits, and if they have already been sent back to Burma to cause that they be brought back to Malaysia to work;
b) Call for Asahi Kosei(M) Sdn Bhd to apologize to its workers for the wrongs it did, and to pay fair compensation/damages for their actions/omissions that violated rights of their workers;
c) Call for Malaysian government and/or the relevant Ministries/Department to take necessary action against Asahi Kosei(M) Sdn Bhd and the said recruiting agent concerned to ensure that justice is done for the workers;
d) Call on the Malaysian government to legislate and make actions of preventing workers access to justice an offence with a substantial penalty, that will deter employers resorting to termination and/or deportation as a threat and/or means to avoid legitimate claims by their workers;
e) Call on Local Councils and State authorities, who do issue permits and allow factories to operate within their jurisdiction, to ensure that such factories do not violate human rights and worker rights. Asahi Kosei (M) Sdn Bhd operates in the state of Selangor;
e) Call on the Malaysian government to ensure that no migrant worker is sent back to their country of origin before first verifying that all outstanding and/or potential claims and disputes between worker and employer (and/or agent or other relevant party) in Malaysia have been fully and finally settled.
f) Call on Hitachi, Sony, Philips and other companies who do have a Code of Conduct and/or who proclaim that they hold human rights and worker rights as important, who have been listed as customers of Asahi Kosei (M) Sdn Bhd and/or Asahi Kosei Japan Co. Ltd to seriously re-evaluate their relationship with such companies that clearly do not respect human rights and worker rights.
g) Call on consumers and/or investors to take into consideration human rights, including worker rights of companies and their supply chain when they do invest and/or purchase their consumer products.
Charles Hector

Pranom Somwong

Ko Tun Tun



For and on behalf of the following 81 organizations

Abra Tinguian Ilocano Society - Hong Kong (ATIS-HK)
Abra Migrant Workers Welfare Association (AMWWA)
ALIRAN, Malaysia
All Burma Students League
APFS Labor Union, Japan
Asia Pacific Mission for Migrants (APMM), Hong Kong
Association of Concerned Filipinos in Hong Kong (ACFIL-HK)
Association of Indonesian Migrant Workers, Hong Kong
Asia Pacific Students and Youth Association (ASA)
BAYAN Hong Kong
BAYAN USA
Campagne Vêtements Propres, Belgium
Centre d'appui aux Philippines - Centre for Philippine Concerns, Canada
Cordillera Alliance in Hong Kong (CORALL-HK)
Building and Wood Workers International (BWI)
Burma Campaign Malaysia
Burma Partnership
Centre Communautaire des Femmes Sud-Asiatique, Montréal, Canada
Centre d'appui aux Philippines - Centre for Philippine Concerns, Canada
Cuyapo Association Hong Kong
Democratic Party for New Society (DPNS), Burma
Empower, Thailand
FICAP-Aichi
Filipino Friends in Hong Kong
Filipino Migrants Association (FMA)
Filipino Migrant Center (FMC) in USA
Filipino Migrant Workers' Union - Hong Kong (FMWU)
Filipino Women Migrant Workers Association (FILWOM)
Filipino Women's Organization in Quebec, Canada
Free Burma Coalition, Philippines
Friends of Bethune House (FBH), Hong Kong
GABRIELA Hong Kong
GABRIELA-Japan
GABRIELA-Nagoya
Globalization Monitor (GM), Hong Kong
GoodElectronics Network
Health Equity Initiatives, Malaysia
HMISC (Hsinchu Catholic Diocee Migrants and Immigrants Service Center), Taiwan
IMA Research Foundation, Bangladesh
International Metalworkers' Federation (IMF)
Johor Texitle And Garments Workers Union
KAFIN-Nagoya
KAFTI (Japan)
Kilusang Mayo Uno, Philippines
Legal Support for Children and Women (LSCW), Cambodia
LIKHA Filipino Migrant Cultural Organization
MADPET - Malaysians against Death Penalty and Torture
May 1st Coalition, USA
Migrante B.C. (Canada)
Migrant Care, Indonesia
MIGRANTE Europe, Netherlands
Migrante International
MIGRANTE-Japan
Migrante - Middle East
MIGRANTE-Nagoya
MIGRANTE Sectoral Party - Hong Kong
Mission Volunteers (MOVERS)
National Human Rights Society (HAKAM), Malaysia
National Union of Transport Equipment and Allied Industries Workers(NUTEAIW)
Network of Action for Migrants in Malaysia (NAMM)
Pangasinan Organization for Welfare, Empowerment and Rights (POWER)
Persatuan Kesedaran Komuniti Selangor (Empower)
Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS)
PHASE TWO (People for Health and Safety in Electronics), Scotland
Philippine Society in Japan
Pinatud a Saleng ti Umili (PSU)
Project Maje ,Portland, Oregon USA
Pusat Komas
Quê Me: Action for Democracy in Vietnam, France
Suara Rakyat Malaysia (SUARAM), Malaysia
Thai Committee for Refugees (TCR)
Think Centre, Singapore
Transient Workers Count Too (TWC2), Singapore
United Filipinos in Hong Kong (UNIFIL-MIGRANTE-HK)
United Indonesians Against Overcharging, Hong Kong
Vietnam Committee on Human Rights, France
WARBE Development Foundation, Bangladesh
Workers Assistance Center, Philippines
Workers Hub For Change (WH4C)
World Forum for Democratization in Asia
Yaung Chi Oo Workers Association (YCOWA), Thailand
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Statement of Good Electronics for Burmese Women Migrant

JVC Manufacturing Malaysia, Selangor

Mr. Toshiya Ogata: ogata-toshiya@jvc-victor.jp

Mr. David Gifford: dgifford@jvc-victor.jp

Amsterdam, 8 October 2010.

Dear Mr Toshiya Ogata, Mr. David Gifford,

On behalf of the GoodElectronics Network I am writing to express my concerns over the fate of

Burmese migrant workers working at JVC Manufacturing, Selangor, Malaysia.

In case you are not the right persons to address within JVC about this matter, may I kindly request you

to forward this letter to your designated colleagues. Thank you.

Asian and international labour groups are sounding the alarm over the dreaded deportation of Burmese

workers who are working with JVC Manufacturing Malaysia, in Selangor. The 23 women concerned

are employed by Fast Link Trans agency. Organisations including the Workers Rights Consortium, the

Malaysian Trade Union Congress (MTUC) and the Burma Campaign Malaysia (BCM) fear that 16

women may be deported at a very short notice, while the permits of another seven women may be

terminated in the coming 2-3 months.

According to my information, the concerned Burmese workers lodged a complaint at the Malaysian

Labour Department (Subang Jaya office) on 21 July 2010, demanding the return of monies wrongly

deducted from their wages, the payment of overdue wages, and the return of their passports which

were held by their employer.

Labour groups argue that the early termination and/or non-renewal by JVC of the one-year contracts

of the women concerned can reasonably be seen as a retaliation of the company against workers who

are claiming their legal rights. The case of the Burmese women workers at the Labour Department is

currently pending. Termination of their contracts and repatriation to Burma will prevent them from

pursing their legal claims. JVC and Fast Link Trans are urged to respect due legal process.

The situation of the Burmese women workers at JVC Malaysia does not stand alone. Reportedly, JVC

employs approximately 800 migrant workers on a total of 1,200 workers. Migrant workers are

recruited from several countries, including Burma, Sri Lanka, Nepal, Vietnam and Indonesia. On 25

August, 30 JVC workers from Sri Lanka were summarily dismissed, allegedly in retaliation for their

demand to be paid the salary that was promised to them when recruited. So far, eight women of this

group were repatriated without receiving any compensation for their untimely dismissal.

GoodElectronics is supportive of the struggle of Asian and international labour groups on behalf of

these migrant workers. Indirectly employed migrant women workers have a most precarious position,

on the labour market as well as in the host country’s society. As a responsible employer JVC should

live up to internationally agreed labour standards and especially protect vulnerable workers.

GoodElectronics will post news items about the situation at JVC Malaysia on its website.

GoodElectronics is an international network for human rights and sustainability in the global

electronics supply chain.

Looking forward to hearing from you,

Sincerely,

Pauline Overeem

Pauline Overeem

Network Coordinator

GoodElectronics

International Network on Human Rights & Sustainability in Electronics

Sarphatistraat 30

1018 GL Amsterdam

The Netherlands

T: +31(0) 20 639 12 91

M: +31(0)6 413 443 85

p.overeem@goodelectronics.org

skype: pauline.overeem

www.goodelectronics.org

HOSTED BY SOMO

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Exploitation on Burmese Workers

About 100 female Burmese migrant workers who were employed under the category of foreign migrant workers by one company n Malaysia. These Burmese workers arrived Malaysia as legal migrant workers. They were sent to Malaysia by Shwe Ponsan Foreign Workers Company based in Burma. They were received by TEBERAU JAT SDN BHD. The address of the company is: No. 26, Jalan Pulai 13, Taman Pulai Utama, Skudai. The responsible person of that company is Mr. Amutha and contact mobile number is 012-7219246. They are working in an electronic company namely ITG Electronic Company and address are Singapore office address is: No. 6, EU Tong Sen Street, #10-08, Singapore 059817, Tel: +65-68966979. Fax: +65-68966973.

Malaysia Factories: No. 10, Jalan Hasil, Kawasan Perindustrian Jalan Hasil, 81200 Tampoi, Johor Bahru, Johor, Malaysia. Tel: +607-2345722. Fax: +607-2345731 / +607-2345503


Above mentioned ITG company is not taking any responsibility for the Burmese workers when they arrived in Malaysia. Therefore, TEBERAU JAT SDN BHD has arranged for the Burmese workers. In a two storey building, about 30 workers are sleeping upstairs and 50 workers are sleeping downstairs without their own rooms. Every floor has 3 bath rooms, but all are not useable and only one wash-room has been use for all workers. Six by six foot room was given as a kitchen for all workers. However, every worker has to pay RM10 for water and electricity.

They are working in ITG Electronic Company, but there is no proper health-care for the Burmese workers. Besides, the company which officially brought the workers from Burma is also neglecting the condition of workers. Therefore, the workers have to pay for their medication when they are sick. If the clinic doesn’t grant the medical leave, the ITG Company cuts RM 52 per day per absentee. During 2009 economic downturn, the company stopped the factory about three months. During that period, every worker was provided with only RM 100 per three month for their food. The workers’ daily wages was RM 18.50. Normal monthly income of the worker was RM 480 and if a worker worked for extra hours, total monthly income was RM 864. However, each worker had to pay RM 120 for levy fee. Therefore, each worker had to pay RM 130 (electricity, water and levy fee ).

One time, the agent cut RM 50 per worker for the reason of issuing bank cards. But no one has accepted bank card yet. This year each worker had to pay RM 50 per month for 8 months for the reason of extending the validity of their passports. About 30 workers who didn’t accept such policy quit their jobs, abandoned their work permits and passports and started working as illegal migrant workers in different areas.

In this month of December 2009, when 7 female workers prepared to go back to Burma, but invalidity of their work permit, they couldn’t go back to Burma. Finally, they informed the Burmese Embassy in Kuala Lumpur and by the help of Burmese Embassy, six female workers were able to go back to Burma on 17th Dec 2009. However, one female worker had to go back Burma illegally through Thailand by the brokers. Burmese Embassy always ignores the problems and difficulties of Burmese workers in Malaysia due to maintain good relationship with Malaysian government. After all workers have to know such incident, they asked the agent to provide them with their copy of work permit. However the agent didn’t provide them what they asked for. Consequently, all Burmese are suffering fear as if they are illegal in Malaysia.

Some of those workers contacted us recently and they asked us to find some help to get back their passports, work permits. Our group and Network of Action for Migrant in Malaysia (NAMM) will continue to help them within our capacity.

Burma Campaign Malaysia
Tun Tun
016-2980784
e-mail: wnyunt@hotmail.com




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ကြာလာလမ္ပူ ႏိုင္ငံတကာေလဆိပ္အနီးရိွ ထိန္းသိမ္းေရးစခန္းမွ ျမန္မာ ၆ဦး ေသဆံုးမႈအတြက္ စုေပါင္းေၾကျငာခ်က္

Joint Statement - 25/9/2009

LEPTOSPIROSIS CAUSES DEATH OF ANOTHER 6 BURMESE IN DETENTION IN MALAYSIA

DENIAL OF HEALTHCARE IS A VIOLATION OF RIGHT TO LIFE

We are shocked and disappointed to hear that another six Burmese migrants have died while in detention in Malaysia because of a suspected waterborne disease. Leptospirosis is caused by exposure to water contaminated by animal urine, like rat urine. (Straits Times, 25/9/2009, Migrants die in detention/ Associated Press, 24/9/2009).

From our investigation, the names of 3 of those who have died are So Thein [Prison Body number 0853, Block B1, Ethnicity: Burman, Age: 36], Min Khaing [Body number 5009, Ethnicity: Karen, Age: 23] and Min Nown [Ethnicity: Arkan, Age: 28]. The other 3 are of Chin ethnicity. It seems that the deaths happened in August.

This time the deaths seem to have occurred at the Detention Centre at the KL International Airport (KLIA) depot. The Straits Times report states that an official had informed them that ‘…the detainees likely contracted the disease in another centre. They were transferred together with some 700 others after a riot there...’. In an earlier report (Star, 24/7/2009), it was stated that ‘…some 700 Myanmar illegal immigrants involved in a ruckus at the Semenyih immigration depot early this month have been moved to the department’s KL International Airport (KLIA) depot…’

It must be noted that this is not the first case of death by reason of Leptospirosis. Sa La Hin, 26, and Thang Hoih Ping, 21, two Burmese migrants, died in the Malaysia’s Juru Immigration Detention Centre from Leptospirosis in May 2009. 127 civil society groups and organizations responded vide a joint statement entitled ‘Death Of 2 Burmese Indicative Of State Of Detention Places In Malaysia - Denial Of Healthcare Is A Violation Of Right To Life’.

Complaints were also lodged with the Malaysia’s Human Rights Commission (SUHAKAM), Malaysian Prime Minister Dato' Sri Mohd Najib Bin Tun Haji Abdul Razak,, Minister of Home Affairs Datuk Seri Hishammuddin Tun Hussein, and the Minister of Health Dato' Sri Liow Tiong Lai,

After that Leptospirosis outbreak in the Juru Detention Centre in Penang in May, the Immigration Director-General Abdul Rahman assured us that the cleanliness and hygiene at immigration depots nationwide will be stepped-up to ensure safety of staff and inmates there against contracting infectious diseases (Bernama, 19/5/2009).

SUHAKAM also vide letter dated 16/7/2009 had informed us that they had met with the Director General of Immigration on 4/6/2009, and amongst others, had recommended that ‘… as a measure to control contagious diseases to ensure that all immigration detention centres should have a doctor or medical officer in line with international requirements, and that cleanliness of detention centres should be taken care of.’

It must also be borne in mind that last year SUHAKAM identified medical care as an overriding reason why 1,300 detainees have died over the past six years, and had made recommendations to the government. At present the 22 centres throughout Malaysia do not have a permanent clinical dispensary manned by doctors or a medical assistant to help detainees. (ABC News, 28/5/2009)

In May 2009, it was reported that about 26 were admitted to hospital following a Leptospirosis outbreak in the Juru Detention Centre, and they survived, and this leads us to believe that prompt access to healthcare can avoid death. It is shocking that in this recent case, 6 have died. What is more disturbing is that there seem to have been no reported disclosure by the Malaysian authorities on this. We still do not know the number of detainees that have been affected this time.

This is a disease caused by exposure to water contaminated with the urine of infected animals, and is very rarely propagated through contact with affected persons. Question must be raised as to how detainees in an enclosed detention centre are contracting this disease. Are they being affected through the food and water supplied by the detention centres? Are the detention centres having a rat infestation problem?

After the recent deaths and outbreak in the Juru Detention Centre, one would have expected the Malaysian government to have taken immediate steps to ensure that there are no more cases of Leptospirosis outbreak and deaths. We wonder also whether the authorities took a lackadaisical attitude, and did not even conduct a thorough investigation to determine the source of the contamination that caused that outbreak. Results of such investigations will not only determine liability, but would also ensure that further deaths from Leptospirosis could be avoided.

We, the undersigned, call on the Malaysian Human Rights Commission (SUHAKAM) to immediately commence a public inquiry into these deaths and detention places generally, and come up with concrete recommendations which could be implemented that will improve state of cleanliness, hygiene and healthcare of all detention places in Malaysia. It was sad that SUHAKAM decided not to carry out a public inquiry after the Juru deaths in May.

We are also call upon the Ministry of Health and the government of Malaysia to conduct a thorough investigation into the cause of this Leptospirosis outbreak, which is reported to have already resulted in 6 deaths.

We also call for the resignation of Immigration Director-General Abdul Rahman, considering that this is second reported case of deaths by reason of Leptospirosis at Immigration Detention Centres within the last 4 months.

The Malaysian government must take necessary action to ensure that proper steps be taken so that such disregard for life does not happen again.

With regard to those who have died, their family and/or dependents should be given adequate compensation by the persons responsible, the detaining authority and the Malaysian government.

Officers and persons responsible for the acts or omissions that resulted in death and suffering should be charged and prosecuted for these crimes. They should not be permitted to hide behind safeguards provided to public servants, which unfortunately only promotes culture of impunity with no sense of responsibility and respect for human life.

Charles Hector

Pranom Somwong

Tun Tun

For and on behalf of the 21 organizations/groups listed below:-

Asian Migrant Centre (AMC)

Burma Campaign, Malaysia

Clean Clothes Campaign -International Secretariat

Khmer Kampuchea Krom Human Rights Organization (Cambodia)

Legal Support for Children and Women (LSCW) Cambodia

MADPET (Malaysians against Death Penalty and Torture)

MAP Foundation, Thailand

Mekong Migration Network (MMN)

Mekong Ecumenical Partnership Program-MEPP

Migrant Forum in Asia (MFA)

National League for Democracy [NLD (LA)], Malaysia

Network of Action for Migrants in Malaysia (NAMM)

Nepal Institute of Development Studies (NIDS) Nepal

Parti Rakyat Malaysia (PRM)

Persatuan Kesedaran Komuniti Selangor

Persatuan Masyarakat Malaysia & Wilayah Persekutuan (PERMAS)

Pusat Komas

The Shan Refugee Organization (SRO) Malaysia

Thai Action Committees for democracy in Burma (TACDB)

The Action Network for Migrants (ANM) Thailand

Workers Hub for Change (WH4C)

For further information, please contact Charles Hector (chef@tm.net.my) or Pranom Somwong (Bee) (p_somwong@yahoo.com) at 019-2371 300, or Tun Tun at 016-2980784

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