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Press Statement 3rd July 2022 SUARAM expresses its concern and disappointment for the recent appointment of SUHAKAM chairperson and commissioners. We are of the view that these appointments made by the Prime Minister Ismail Sabri do not reflect the independence and core values of SUHAKAM as the national human rights institution (NHRI) of Malaysia. The opaque and controversial appointments of the commissioners are all the more disappointing given the fact that Malaysia has recently secured a seat in the United Nation’s Human Rights Council pledging to the international body that it will uphold human rights issues. SUARAM have strong doubts that the newly appointed SUHAKAM chairperson, Prof. Dato’ Dr Rahmat bin Mohamad could carry out his duties to fulfil SUHAKAM’s mandate. He was reported to have opposed Malaysia from ratifying the Rome Statute of the International Criminal Court as he was one of the four academics who co-authored a paper which convinced the Conference of Rules in rejecting the Rome Statute. The paper was instrumental in forcing the PH government to pull out from ratifying the Rome Statute which undermines Malaysia’s commitment in the global peacekeeping mission. The academic views of Prof. Dato’ Dr Rahmat bin Mohamad on the Rome Statute might adversely affect SUHAKAM’s mandate because as it was stated in the SUHAKAM act, one of the main functions of SUHAKAM is to make recommendations to the government with regard to the subscription or accession of treaties and other international human rights instruments. Secondly, the two other new commissioners were publicly known to be strongly affiliated with UMNO. Dato’ Hasnal Rezua Merican bin Habib Merican is the Chairperson of UMNO Selayang Branch, and Puan Nazira binti Abdul Rahim is the Chairperson of Women Division at UMNO Kulim and Bandar Baharu Branch and the current local councillor appointed by her party for Bandar Baharu. SUARAM maintains that both the chairperson and commissioners should be politically neutral to ensure SUHAKAM remains an institution independent from political influence and therefore is able to discharge its duties without fear and favour. By appointing 2 commissioners with substantial political influence, SUARAM is worried that the power given to SUHAKAM to inquire into human rights complaints and assisting the government in human rights legislation would be severely compromised. For instance, if the UMNO government is allegedly involved in human rights violations, questions would be rightly asked on SUHAKAM’s ability to hold an inquiry independently and whether the findings would be credible in the eye of the public and civil society. Lastly, the appointment of the former director-general of the Islamic Development Department (JAKIM) Mohamad Nordin Ibrahim also raises more questions. JAKIM had previously demanded answer from SUHAKAM regarding the recognition of a third-gender research project and SUARAM is concerned whether appointing a former JAKIM director-general would again hamper SUHAKAM’s ability in conducting research that may prove to be sensitive and controversial to the executive branch, but completely align with SUHAKAM’s core objective in defending and promoting human rights in Malaysia. Finally, the root of the controversial appointment stems from the lack of transparency and parliamentary oversight on the entire selection process of SUHAKAM commissioners. Throughout the selection process, the public and civil society were left in the dark on the entire process. According to SUHAKAM Act 1999’s 11A(1)(c), a committee must first be formed to be consulted with regard to the appointment of commissioner and three members of the Committee must come from civil society who have knowledge of or practical experience in human rights matters. However, civil society is mostly unaware of the formation and composition of the committee and what are the selection criteria and meritocratic basis in appointing these new batch of commissioners. Therefore, it is only until the appointment process has been announced publicly where the identity of the chairperson and commissioners were finally revealed and the decision is presented as a fait accompli. Therefore, the method of appointment of commissioners and the criteria for selection should be made more transparent to ensure the independence and public confidence of SUHAKAM. The Sub-Committee on Accreditation (SCA) of the Global Alliance of National Human Rights Institution (GANHRI) which recently re-accredited SUHAKAM as an A-status institution has made it clear that the appointment process should include requirements such as: promoting broad consultation and/or participation in the application, screening, selection, and appointment process. After decades of effort from past and present SUHAKAM staffs, SUHAKAM was finally recognized internationally to be a credible NHRI but we are afraid the recent appointments threaten to roll back the recent success SUHAKAM has achieved in making the institution more independent from the executive. It also turns out that the idea of #KeluargaMalaysia which consists of inclusivity and common ground that the Prime Minister has espoused so much is not applicable in the field of human rights in Malaysia. It is indeed a sad day for human rights and SUHAKAM that the principles of public accountability and transparency is not practiced upon during the recent selection and appointment process which in turn produces commissioners that may not be equipped to fulfil the mandates of SUHAKAM.

RE-IMAGINING A TORTURE FREE NATION Press Release 27 June 2022 In commemoration of the United Nations International Day in Support of Victims of Torture on 26th of June, Suara Rakyat Malaysia (SUARAM) in collaboration with Association for the Prevention of Torture (APT) and Cross-Cultural Foundation (CrCF) launched an exhibition on torture prevention. The exhibition showcased 30 selected cartoons from a competition for Malaysian youths held in 2021. The exhibition aimed to inspire local artists and youths in Malaysia and Thailand to promote messages of torture prevention through hopeful visual narratives. The activity is part of a 3.5-year project focusing on reducing risky practices leading to torture and ill-treatment in police custody in Malaysia, Philippines and Thailand. In addition to the exhibition, other activities were also planned. This included live paintings with two renowned artists from Thailand and Malaysian, Tawan Wattutya and Zunar, a sharing of experience with a former detainee, a public conversation with Cross-Cultural Foundation (CrCF) Thailand on using art to prevent torture and finally a public forum on how to end torture in Malaysia by the anti-torture coalition #ACT4CAT. Suruhanjaya Hak Asasi Manusia Malaysia (SUHAKAM), Bar Council, Amnesty International Malaysia (AIM), Lawyers for Liberty (LFL) and Anti-Death Penalty Asia Network (ADPAN) also opened information booths for the event as a way to promote their own work on preventing torture. “Re-imagining a Torture Free Nation” was chosen as the event’s theme to encourage the younger generation in Malaysia and Thailand to express their opinions creatively on the importance of preventing torture. The exhibition and related activities set a great example on how efforts to prevent torture can be communicated and addressed creatively. SUARAM, CRCF and the APT would also like to take the opportunity to welcome the Malaysian government’s recent announcement to abolish mandatory death penalty. The announcement is a step in the right direction towards ensuring that all persons deprived of liberty, especially persons on death row are treated with respect and dignity. In addition to that, Malaysia’s efforts to be part of the upcoming 2022-2024 United Nations Human Rights Council is also seen as an opportunity for the country to invest more in policies and practices that guarantees everyone is safe in police custody. Press enquiries: For media opportunities and information pertaining to the project, please be in touch with: Kenneth Cheng Documentation and Monitoring Officer Suara Rakyat Malaysia (SUARAM) documentation@suaram.net About the APT APT is a Swiss organisation based in Geneva with more than 40 years of experience in collaborating and accompanying government agencies, national human rights institutions, national preventive mechanisms, authorities and civil society organisations globally in their efforts to prevent torture. The APT has been cooperating with different partners in Malaysia, Philippines and Thailand over the last 10 years, particularly in national advocacy for UNCAT and OPCAT ratification and implementation, educating and raising awareness of different groups and communities on the importance of torture prevention. For more details about the APT, visit: https://www.apt.ch/en About SUARAM SUARAM has conducted extensive documentation, monitoring and advocacy work relating to police brutality, torture prevention and indefinite detention over the past 30 years. Apart from advocacy in this area, SUARAM is also the coordinating body for the Movement for the Abolishment of the Sedition Act 1948 (GHAH), organizer for Youth Internet Governance Forum 2019, Co-secretariat for Malaysian CSO Cluster for Reform and Co-Secretariat in the Coalition of Malaysian NGO in the UPR Process (COMANGO).SUARAM is also part of the national network coordinated by the National Human Rights Commission of Malaysia (SUHAKAM) called ACT4CAT, a network that advocates for UNCAT ratification by Malaysia. SUARAM is also a member of regional and international organization including Forum-Asia (one of the founding member), Asian Alliance against Torture (A3T, one of the founding member), FIDH, OMCT and I4C. For more details about SUARAM, visit: https://www.suaram.net/ About CrCF The Cross Cultural Foundation (CrCF) was founded in 2002. It works on justice and the protection, promotion and monitoring of human rights in Thailand. CrCF’s philosophy and activities are focused on strengthening human rights and delivering sustainable judicial reform throughout society. Particular emphasis is placed on marginalised people including ethnic minority groups, stateless people, migrant workers and the victims of conflict. About #ACT4CAT #ACT4CAT is a campaign co-initiated by SUARAM, alongside Human Rights Commission of Malaysia (SUHAKAM), Bar Council Malaysia, Amnesty International Malaysia and Lawyers for Liberty with the aim of advocating for the ratification of the Convention against Torture (CAT) as well as for the elimination of torture and other cruel, inhuman or degrading treatment or punishment in Malaysia.

Suara Rakyat Malaysia (SUARAM) applauds the Malaysia government in the historic move to abolish the mandatory death penalty. Though the death penalty continues to exist in Malaysia, this abolishment would empower the judge with the discretion to mete out alternative sentencing. We also welcome that the cabinet agreed on the abolishment after the Law Minister had presented a report on alternative sentencing as SUARAM has always advocated that the application of alternative sentencing is far superior to the death penalty as the latter betrays the principle of human rights and also seen as cruel, inhumane, and degrading under international law. According to Amnesty International, the death penalty is still admissible for around 30 offences in Malaysia, of which 11 offences are mandatory punishment. The stark reality remains that there are still 1,366 number of people on death row as of September 2021, while a significant majority of them were found guilty under section 39(B) of the Dangerous Drugs Act 1952. Therefore, we are also delighted that the government, in working towards abolishing mandatory death penalty, will be looking into revising section 39(B) of the Dangerous Drugs Act 1952. SUARAM maintains the view that Malaysia should be looking at the total abolishment of the death penalty. Nevertheless, the announcement today is a significant step forwards toward seeing a Malaysia that is free from the inhumane practice of death penalty.

27 April 2022 In 2021, Malaysia continued to grapple with political turmoil arising from the notorious ‘Sheraton Move’ and the concomitant resurgence of Covid-19. The political crisis, which stemmed from the alleged loss of the parliamentary majority by former Prime Minister Muhyiddin Yassin, resulted in the country being put under abrupt emergency rule and haphazard lockdowns. The nationwide emergency announced on 12 January 2021 purportedly to curb the Covid-19 pandemic, was widely regarded as a political move by the embattled Prime Minister to suspend parliament when his parliamentary support was on the brink of collapse. For much of the year, the Perikatan Nasional government managed to govern without any parliamentary scrutiny. In early August, political stability was tentatively restored with Muhyiddin’s resignation. His successor, Ismail Sabri, swiftly negotiated with the opposition bloc for a political ceasefire and a bi-partisan memorandum was signed between both parties. The new government was held accountable to deliver on several promises, including the implementation of the voting right of 18-year-old, the tabling of an anti-hopping bill and various parliamentary reforms in return for conditional support from the opposition. Within the span of unfolding political uncertainty and suspension of parliamentary democracy, the resurgence of Covid-19 in 2021 wrecked serious damage upon the nation’s economy and public health. The government re-introduced its movement control order (MCO) at the beginning of the year, in response to the unprecedented surge in daily Covid-19 cases and deaths. Consequently, outdoor activities were restricted to curb the spread of the Covid-19 virus. Compared to the previous year, the economic and social impact of the lockdown in 2021 was purportedly much more severe, reflected in the reported increase in suicides and distress calls while unemployment figures continued to escalate. The economic hardships in 2021 even led to the launching of an unofficial “white flag movement” by Malaysian citizens, where individuals and families facing financial difficulties would raise white flags outside their residences as a cry for financial and food assistance. Malaysia’s human rights situation deteriorated further in 2021, with the government clamping down on freedom of expression and assembly to stifle dissent, amid worsening political instability in the first half of the year. Security laws that violate the right to fair trial continued to be abused throughout the year where SUARAM’s media monitoring has tallied 146 individuals arrested under SOSMA, and 245 under POCA in 2021 while the government’s official data revealed an alarming total of 369 and 2,832 individuals arrested under SOSMA and POCA from 2020 – 2021. Therefore, the pandemic and the restriction of movement did not diminish the use of such laws, but instead provided a ‘rationale’ for the government to continue manipulating these laws on the grounds of ‘crime-prevention’, especially during pandemic times. SUARAM has also noted that the security laws were mainly used to tackle organised crime. While there had been occasional court judgements 8 ruling in favour of the right to fair trial as opposed to the use of security laws, overall, there was very little political will to abolish the elements of detention without trial of such laws. The situation pertaining to the right to justice was equally concerning in 2021. Incidents related to police abuse of power showed no sign of decreasing, while cases of deaths in police custody were periodically reported. Between April and May, the series of reported deaths in police custody drew public outrage and shock. The 21 deaths in custody documented by SUARAM in 2021 is a cause of concern when there were only 8 deaths documented in 2020. Furthermore, throughout 2021, issues involving chain remand and torture continued to occur, with no accountability and oversight. Freedom of expression suffered a major setback in Malaysia when the government manipulated its emergency powers to enact a fake news ordinance. Although the ordinance was purportedly meant to deter the creation and circulation of ‘fake news’ related to Covid-19 and the emergency proclamation, the lack of parliamentary oversight and the law’s resemblance to the repealed AntiFake News Act 2018, indicates a high potential for it to be abused as a tool to silence political dissent. 12 individuals have been found to be charged under the fake news ordinance when it was enforced from March 2021 – October 2021. Besides the fake news ordinance, other repressive laws, namely the Sedition Act 1948 and Communications and Multimedia Act 1998, were frequently used to investigate social activists such as Fahmi Reza, Mohammad Alshatri, Mohammad Asraf for creating ‘political dissent’ against the government. While the freedom to assemble was exercised regularly by activists in 2021, they were not spared from police intimidation. Many individuals who took part in these assemblies were investigated under the Peaceful Assembly Act 2012. Likewise, Human Rights Defenders and political activists continued to be called up, and at least 87 individuals were investigated under the act, according to SUARAM’s monitoring. SUARAM’s people before profit desk has noted that various state and non-state actors in 2021 were complicit in various human rights violations under the guise of development, despite the pandemic. Notable cases had included the Selangor state government’s attempt to de-gazette the North Kuala Langat Forest Reserve and the Penang South Reclamation Project which aims to create three artificial islands. Electoral democracy was suspended in the first half of 2021, due to the emergency order and Covid19 pandemic. Following the lifting of the emergency, two state elections in Malacca and Sarawak were held in the second half of the year. The government also dragged its feet over the implementation of reforms to lower the voting age. Together with the rather dubious registration process of new political parties, these delays resulted in the derailing of the right of political participation for Malaysians. Women and LGBTQI communities living in Malaysia continued to face severe human rights challenges in 2021. Certain politicians and right-wing organisations harped on gender and sexuality 9 issues to gain political mileage. Of particular concern are the proposed amendments to the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355). If passed, the amendments will amount to an increase in sentencing limits under Syariah courts’ criminal jurisdiction, on the grounds of “resolving the LGBT issues”. The only bright spot was a landmark judicial victory for women's rights when the High Court ruled in favour of granting Malaysian women married to foreign spouses equal rights in conferring automatic citizenship to their children born abroad. The situation pertaining to migrants and refugees in Malaysia remained dire, with these communities continuing to face hostility and prejudice during the Covid-19 crisis. On top of ongoing systematic discrimination in migrant policies, the government had also on occasion used migrant workers as a convenient scapegoat to cover up their inefficacies in controlling the pandemic. The Human Rights Commission of Malaysia, SUHAKAM faced substantial operational challenges due to the government instability and Covid-19. During its short-lived tenure, the Perikatan Nasional government led by Prime Minister Muhyiddin Yassin decided not to allocate time for SUHAKAM’s annual report to be debated in parliament, while the pandemic limited the commission’s capacity to address and investigate human rights complaints. Lastly, the application of the death penalty continued unabated in the country throughout 2021, despite the government’s recent vote in support of a United Nations (UN) resolution favouring a moratorium on the use of the death penalty. Cases of drug trafficking remain the most significant on Malaysia’s death row, topping the list of offences involving the death penalty, and these cases continue to be plagued by injustices and inequities. This was clearly illustrated in the case of Hairun Jalmani, a 55-year-old single mother of nine, who was sentenced to death in October 2021 for possessing 113.9g of methamphetamine. Malaysia’s strict drug trafficking laws continue to influence the widespread application of the death penalty in the country, with no regard for the often vulnerable socioeconomic realities of its victims. Reported on: https://m.malaysiakini.com/news/619448 https://www.freemalaysiatoday.com/.../rights-group.../ https://m.malaysiakini.com/news/619475

From Selancar Ampat to Bahau In 2020, SUARAM received a bonded labour case of Ramesh, a 24-year-old from Bahau who has worked at the plantation for the past four years. Although the general perspective leaves an impression that migrant workers are the only victims of modern-day slavery in Malaysia, SUARAM can strongly deduce it is a misperception as the case of Ramesh and many other similar cases involving Malaysian employees being forced to work as bonded labourers to pay off their debts have been recorded. Bahau, the name is believed to be derived from a Chinese phrase which means Horse’s Mouth, located at Jempol District, Negeri Sembilan. This small rural town of Bahau, nevertheless assumed a monumental role by being the focal point or the linkage town for various towns in four different states, namely, Malacca, Negeri Sembilan, Pahang and Johor. Established during the arrival of Chinese settlers in search of tin, Bahau ended up as the golden pot for rubber, plantation, and timber for the settlers. The social diversity comprises mainly Chinese, and Malays predominantly located at the surrounding Felda settlement at the outskirt while Indians have been residing in and accustomed to plantation estate for generations. The main labour force at these estate plantations were Malaysian Indians whereas Malays lived and engaged in socio-economic activities in Felda settlements. Several reports on the practice of cheap labour as well as bonded labour around these plantations and its settlements have been highlighted occasionally. Bonded labour is a form of forced labour, occurs when a person or family is forced to work, purportedly to pay off their debts. They are often cheated, manipulated, or tricked into the bondage system with a scanty pay or no pay at all. The bonded labourers have no control over their debt as most of the money, if not all, that they earn is used to pay off their debts. According to ILO’s Global estimate of forced labourers, Asia sits at the top with an estimated 11, 700, 000 labourers compared to other regions. The Global Slavery Index in 2018 stated that Malaysia is at 14th place in the Asia region for highest forced labour from 28 countries surveyed in the region. In many instances, the labourers will remain bonded rather than tasting the air of freedom as they were unable to pay off the debts due to oppressive modus operandi. According to the International Labour Office (ILO), bonded labour reflects an imbalance in power between the worker-debtor and the employer-creditor. It has the effect of binding the worker to the employer for an unspecified period, anything from a single season to years, or even successive generations [1]. In Bahau, Ramesh was working with a Contractor, known as Sashi (employer) at one of the plantations for daily base wages. Ramesh initially was asked to look after the fieldwork at the plantations nearby as he often takes up fieldwork offered by his employer. Ramesh must carry out multiple fieldwork activities at the oil palm estate ranging from digging holes, ploughing land, planting saplings, applying or spreading fertilisers to protecting seedlings. At certain times, it can be more than the specified fieldwork. One day, Ramesh was accused of stealing a motorbike belonging to one of the workers from the neighborhood and later was charged at Bahau Magistrate Court. Surprisingly, his employer offered him to upfront the bail amount and in return Ramesh was instructed to stay and work at a plantation estate on a regular basis together with his wife until he paid up the debts. Ramesh and his wife agreed and moved into the Goodwood Estate, also known as Gudugudu [2] Estate by the locals, where Sashi is the main contractor there and oversees the work in the estate. Ramesh has now started work as bonded labour at Sashi’s place and it was merely the beginning of many of the constant troubles he was facing from Sashi and his subordinates guarding the place. “There were several other workers in Gudugudu Estate where we were staying. They are treating us like slaves, often beat us if late for work and scold us for even small mistakes. We were not paid enough, and this led to a fight between me and my wife as well. Because of that we left the estate and stayed at our house at Sri Rompin,” Ramesh, 24, said. While Ramesh’s case is still pending at court, he negotiated with his employer for a better salary, but it was denied. Ramesh was paid around RM42 per day if he worked inside the plantations and RM50 if it was somewhere outside the plantation as Sashi’s contract involves both inside and outside the estates in Bahau. “I know I have a case at court and have a lawyer assisting me. I was hoping to resolve my court case, so that I can return the bail amount, but the case was being postponed,” Ramesh added. Ramesh was under the impression his case had been postponed and was trying to find ways to settle his debts but due to Covid-19, he was left with no option but to continue to work with his employer [3]. “On the morning of October 9th, 2020, my superior and three subordinates came to my house in Seri Rompin. They came in a white Hilux and forced me into the Hilux and brought me to Bahau Magistrate Court. I was under the impression that my case was not due, and I was wondering about the turn of events. At the court, the boss was trying to revoke the bail so that I would end up in prison, but the court dismissed the process as it was without proper application. After that, we were forced to stay at Gudugudu Estate again,” Ramesh explained the horrifying incident. SUARAM’s lawyer who is representing Ramesh said he received a call from Ramesh’s wife’s friend to inform him about the incident. Shashi Devan said, “After receiving the panic call very early in the morning, I had no choice but to immediately head to court. I was perplexed as at that hour in the morning, I am not able to contact the courts to check if there has been a change in the court date or if for some reason, I mixed up the date. Nevertheless, I made the decision to head to court from KL that morning. When I arrived at court, I saw several men on bikes crowding the waiting area in front of the court. I immediately checked with the court and was informed that Ramesh's case was not fixed on that day. I then attempted to speak to the bailor who was sitting in the waiting area. She explained that she wanted to revoke bail and surrender him to court. According to her, she was advised by a policeman to do so.” According to the lawyer, the court refused to entertain the case and insisted on returning on the date fixed previously. “The bailor had also informed me that it was not the first time she has revoked bail and that she is aware how this particular court works and was confident that she would be able to revoke bail and get Ramesh arrested and detained the same day, explaining to me clearly that Ramesh has no one else to bail him out and that this would teach him a lesson.” This means Ramesh and his wife either agree to the terms and conditions of the employer to continue work as bonded labour or end up in prison for the crime that he was not committed. Ramesh said he and his wife were forced to work at odd hours to repay Sashi’s money. When asked about how Sashi forced them: “Like one day, my superior came with three of his subordinates on the night of October 19th and they intruded into my house. Then, they forced me and my wife to follow them for work that night. When we refused, Sashi threatened to harm my wife and warned to lock her up. They forced us to work without any salary and the reason given was to pay my debts from the bail money that I owe to Sashi,” Ramesh stated. After that incident, Ramesh and his wife had a fight again due to the situation that led Ramesh trapped in the estate under the ruthless employer. Both left the estate since. Ramesh had no choice but to resolve this by pleading guilty so that his bail amount would be returned to Sashi. Consequently, Ramesh spent a few months in prison and was released after. He is now separated from his wife and living away from Bahau. Ramesh’s situation is not new to the people of Bahau, especially among the Indian community there. Many of them are aware that bonded labour is being widely practised in the plantation estates. This bonded labour system in Malaysia has been in practice, at least since the 1980's, although it has earlier beginnings, probably even before independence. Despite violating the Malaysian Laws, many contractors are still practising this system and profiting from this business. One of the most horrific bonded labour cases which was exposed in the early 1980s was the “Hell Estate” of Felda Selancar Ampat in Southern Pahang. The contract workers in “Hell Estate” were not only exploited with a bonded system but were detained illegally and treated inhumanely [4]. The workers included children and young people. This horrendous exposure nevertheless failed to stir authorities into action as the then Pahang Police Chief denied any wrongdoing in this case which was reported in local dailies Berita Harian (Samy Vellu kesal terhadap kenyataan ketua polis, 1983). [5] In the news report, the former President of Malaysian Indian Congress (MIC) cum Minister of Works and Public Amenities retorted the police chief’s claim as follows: “Mereka terpaksa tinggal di pondok-pondok kecil atau reban kambing dan ramai pekerja serta kanak-kanak yang mempunyai kesan-kesan luka dan balar di tubuh mereka kerana dipukul dan diseksa dengan teruk kerana melakukan kesalahan kecil. Apa yang mengejutkan ialah kenyataan Datuk Mohd. Noor yang mengatakan tidak ada kekejaman dan penyeksaan berlaku di Kawasan ladang itu!” Samy Vellu said. There are many factors condoning the bonded labour system in many rural plantations in Malaysia. Corruption, lack of integrity, lack of oversight and complaint mechanism as well as the inexistence of a proper labour system are some of the crucial reasons for the continuation of the bonded labour system, against both Malaysians and migrant workers. The Selancar Ampat case was exposed in the early 80’s. After 40 years, how many bonded labour practices has Malaysia eliminated? SUARAM has recorded a few recent cases of bonded labour not very far from Selancar Ampat’s which was once housed the “Hell Estate.” Most of the reported cases involve migrant workers but in certain instances, we have been hearing issues related to local bonded labourers [6]. Some regular places which were reported about this bonded labour practices are from plantation estates in Pahang, Negeri Sembilan and Johor. These stories have appeared in our local media from time to time, especially in Tamil Dailies about several individual cases of workers escaping from their employers. News reports about escaped Malaysian workers who were a part of the bonded labour system rarely conduct proper investigations on the alleged perpetrators. Lack of evidence is usually cited as menial excuses by the authorities, but there are other factors including political will and corruption. As a result, the victim's story is reported without disclosing much of the employer’s details, in spite of these cases happening in our own backyards. Malaysiakini’s report (Escape from slavery, 2007) [7] on the escape of a married couple from the clutches of a contractor by the name of Maren revealed the generational bondage that began as early as 1992. P. Ramudu, 19, and his pregnant wife A. Kalaivany, 17, dared to escape from an oil palm plantation in Kampung Serampang Indah, Bahau in Negeri Sembilan. The report stated that Kalaivany’s parents and their seven children (including Kalaivany) were “part of the package deal”, pointing out their suffering as a whole family as bonded labourers Ramudu’s mother and two sisters suffered a similar fate under Maren. Similar to the hardships of Ramesh, Ramudu’s family was subjected to frequent physical abuse, forced confinement,long working hours and their children were also denied access to school as they were conscripted as child labourers. Kalaivany’s father, Avadiar, 42, relayed that two of his children did not have a birth certificate and one of the children born as a result of sexual assault. Only in this case, the contractor came forward to address the complaints levelled at him to the Malaysiakini reporters [8]. Unmistakably, the idea of proprietorship was loud in the news article. “Look, they are my workers. I brought them to work here, and I paid them for that,” the report quoted Maren. He even admitted to assaulting the workers but only for due purposes. “When this (getting drunk) happened, I have beat them. In fact, I have beaten an entire family for this,” Maran justified the beating as a circumstantial reaction due to the workers’ attitude. Pahang State Assemblywoman for Sabai, Kamache Doray Rajoo has also previously highlighted several runaway bonded labour cases. She remarked that some of these runaways were from Bahau and went through hell while bonded to the plantations there. Kamache’s social media post on Sept 7th 2018 highlighted the case of Shanti, who was forced into bonded labour at the age of 10. It was reported in a Tamil Daily as well. On June 7th 2017, another case was highlighted by Kamache, as reported in Malaysian Tamilar Kural [9] that Sathiswaran, 20, escaped from the enslavement of his employer when he was 18 years old and it took him 18 months to retrieve his birth certificate and identity card [10] from the registrar. There was another report from Kamache about three teenagers who escaped from their slave-like situation, again from Bahau [11]. The assemblywoman is currently assisting them to get their birth certificates. These are some of the stories of runaways from Bahau, who are allegedly forced to work as bonded labour but were treated like slaves. Several police reports have been made for most of these cases but the issue of bonded labour in Bahau is continuing till today. After handling Ramesh’s case, SUARAM, a local human rights NGO supporting Ramesh, went to Bahau a few times to obtain additional information on bonded labour issues. Knowing the existence of such cases and as mentioned earlier, it was important for us to find out more information and further investigate the allegations. Forced labour issues are constantly highlighted in media, other NGO’s as well as reported in ILO, but it is important to prove the allegations with evidence. During our limited visit due to Covid-19 movement restrictions, we gathered some insights of the situation. Although the local people that we visited knew these issues as “kottadimai” and recognised some of the perpetrators, the reluctance to speak up was obvious amongst some of locals. According to the locals, the so-called employers or contractors are very influential and have a big team of local thugs as their subordinates or assistants to “silence” them. The different work system or Modus Operandi utilised by the contractor on his workers is one of the main factors that are posing difficulties in proving the practises of slavery or bonded labour system. Some of the hired workers are paid on a daily basis and not bonded. Although they are paid much lower than standard Malaysian minimum wage, they are fine with it as this is the only source of income for some of them. One of the workers that we talked with, Lalitha, stated it is difficult to find a job in the Bahau area which pays a decent wage, especially for those without much educational qualifications. She commented, “we know we are being paid less but what to do? We don’t get any other jobs here. So, better to take it and just work. We don’t want to lose this income. We can’t afford it.” When asked about the bonded labour issue in Bahau, Lalitha said many people know this issue and are aware that they will be bonded too if they are monetarily indebted to the contractors. Lalitha further elucidated the many ways the contractor hired workers. Some will be on a daily basis like herself while the others will be brought to a nearby plantation estate and given a place to stay. The contractor will supply them with groceries and alcohol (toddy) which will be deducted from their wages. When SUARAM visited this estate, we were unable to enter the site as the security guard refused to allow us in, claiming it is a private property. The security guard said his boss is not around and declined to answer. As we don’t want to create any suspicion, we decided to leave the place. There was a sign outside the estate [12] saying “Ladang Ikatan Aktif” of “Ikatan Aktif Sdn. Bhd.” and this name was never mentioned by any of the people that we met and interacted with. SUARAM also met another former worker of the contractor who identified himself as Senthil. This young worker who witnessed the bonded labour situation while he was working at the estate said the contractor owns a house in Gudugudu Estate and he is controlling the place with his own team. Some of them are gangsters (thugs). Moreover, according to Senthil, they will bring the workers out as early as 6 am for work and will return only after 8pm, so it is difficult to meet any of the workers during the daytime. At night, it is dangerous to enter the estate. Some of the workers are locals from Bahau and he also heard that the contractor has agents recruiting vulnerable workers from Tampin and other places. Senthil also revealed that the contractor Sashi has many “connections” in that area. Sugu and his wife are amongst Sashi’s helpers who will occasionally travel all the way to Tampin to “hire” workers who are jobless, vulnerable and entangled in some sort of debt either at the toddy shop or with some individuals. The couple will offer the workers to pay off the debts and in return they need to follow them to Bahau to work as labourers in plantations. Once they agree, they will be stationed at Gudugudu Estate and will be bonded. The new recruits will be provided with a place to stay, groceries, cigarettes and alcohol which will be deducted from their wages. In most of the cases, the workers don’t get a take home salary and work relentlessly to pay back their debts. These charges are expensive and often cause the workers to end up being bonded to pay back their debts. Unpaid for their labour, these workers therefore are forced to be trapped into debts and an endless poverty cycle. This unfortunate event has been happening for at least the past 30 years and currently is being continued by second and third generations. The reasons given are usually they are indebted; thus, they have to work or are forced to work to repay their debts. However, in most cases the debts are not settled but increases as the employers or contractors will mark up the workers' expenses who are provided with shelter, food and grocery supplies since the workers are not allowed to leave their houses until they pay off the debts. Our internet search on Goodwood Estate and Ladang Ikatan Aktif failed to obtain much information except for the mentioning of Ladang Ikatan Aktif as a bordering estate on a map in page 53 RSPO [13] report. The company search document under the Company’s Commissions or SSM didn’t reveal much information except the addresses of shareholders who consisted mostly of Perak [14]. As for now, only Ramesh has lodged a police report against what happened to him and to date there is no progress on this matter. Ramesh has also completed his jail term after pleading guilty and is now a free man. He has left Bahau and started working at a different place completely unrelated to contract work in the plantation and he is much happier now receiving monthly wages at a new workplace far from Bahau. The rest of the people, workers, or others mentioned above that have affirmed about the continuing practises of bonded labour or “kottadimai” in Bahau, are unwilling to come forward as a witness to support their claims against their employer. In the end, they are the local people relying on odd jobs including the contract work offered by employers like Sashi. This is an important public interest case because many groups including NGOs and workers’ unions are still fighting and struggling for better minimum wage. Yet, a handful but influential employers continue to exploit not only the workers but also the weaknesses of the system by implementing the bonded wage system for generations without any fear. We received yet another similar case last month, again from Bahau, which shows this modern-day slavery is here to stay if we don’t expose and punish the perpetrators. [1] Special Action Programme to combat Forced Labour. (und). (und). ILO Indicators of Forced Labour. International Labour Organization. https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/wcms_203832.pdf [2] One of the estate workers, Lalitha, said the place earned the name ‘Gudugudu’ as the locals refer to Goodwood Estate in Bahau. [3] Extracted from Ramesh’s police report. Refer Appendix 1. [4]Lim Kit Siang. (1983, July 24). DAP Motion in Parliament tomorrow on Selancar Empat ‘hell estate’ exploitation. Retrieved from https://bibliotheca.limkitsiang.com/1983/07/24/dap-motion-in-parliament-tomorrow-on-selancar-empat-%E2%80%98hell-estate%E2%80%99-exploitation/ [5] Samy Vellu kesal terhadap kenyataan ketua polis. (1983). Berita Harian. [6] Bonded labour in estates. (2008). The Star. Retrieved from https://www.thestar.com.my/opinion/letters/2008/08/17/bonded-labour-in-estates [7] Kabilan, K. (2007, January 3). Escape from slavery. Malaysiakini. [8] Kabilan, K. (2007, January 4). Contractor denies supplying slave labour. Malaysiakini. [9] Print screen of Malaysian Tamilar Kural. Refer Appendix III [10] Pdf copy of Kamache’s FB posting. Refer Appendix IV [11] Pdf copy of Newspaper article. Refer Appendix V [12] Photo taken during our 2nd visit on 4th December 2021. Refer Appendix VI [13] Muhammad Syafiq, A.R. (2015). RSPO Principles & Criteria Public Summary Report Annual Surveillance Assessment 3 (Report No. CU817884). Control Union (Malaysia) Sdn. Bhd. www.rspo.org/uploads/default/pnc/Jeram_Padang_POM_ASA3_CU817884_Jeram_Padang_POM_2015.pdf [14] SSM documents search on Goodwood Estate Sdn Bhd and Ikatan Aktif Sdn Bhd. Refer Appendix VII. References Bonded labour in estates. (2008). The Star. Retrieved from https://www.thestar.com.my/opinion/letters/2008/08/17/bonded-labour-in-estates Kabilan, K. (2007, January 3). Escape from slavery. Malaysiakini. https://www.malaysiakini.com/news/61590 Kabilan, K. (2007, January 4). Contractor denies supplying slave labour. Malaysiakini. https://www.malaysiakini.com/news/61643 Kabilan, K. (2007, January 3). Shaken, rattled but mission accomplished. Malaysiakini. https://www.malaysiakini.com/news/61693 Lim Kit Siang. (1983, July 24). DAP Motion in Parliament tomorrow on Selancar Empat ‘hell estate’ exploitation. Retrieved from https://bibliotheca.limkitsiang.com/1983/07/24/dap-motion-in-parliament-tomorrow-on-selancar-empat-%E2%80%98hell-estate%E2%80%99-exploitation/ Muhammad Syafiq, A.R. (2015). RSPO Principles & Criteria Public Summary Report Annual Surveillance Assessment 3 (Report No. CU817884). Control Union (Malaysia) Sdn. Bhd. www.rspo.org/uploads/default/pnc/Jeram_Padang_POM_ASA3_CU817884_Jeram_Padang_POM_2015.pdf Samy Vellu kesal terhadap kenyataan ketua polis. (1983). Berita Harian. Special Action Programme to combat Forced Labour. (und). (und). ILO Indicators of Forced Labour. International Labour Organization. https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/wcms_203832.pdf “This publication/story was produced with the financial support of the European Union. Its contents are the sole responsibility of Internews and do not necessarily reflect the views of the European Union.”

Civil Society Organisations’ Joint Statement 22 March 2022 We, the undersigned Malaysian civil society organisations, firmly and unequivocally reject the Independent Police Conduct Commission (IPCC) bill which was tabled in August 2020 and is expected to be tabled for a second reading during this session of Parliament. The IPCC bill, EAIC Act and IPCMC 2005 bill The proposed IPCC is a severely diluted version of the Enforcement Agency Integrity Commission (EAIC), which is a failed institution. The design of the EAIC is itself a watered-down version of the Independent Police Complaints and Misconduct Commission (IPCMC) proposed in 2005 by the Royal Commission of Inquiry to Enhance the Operation and Management of the Royal Malaysian Police (Dzaiddin Commission). There are several glaring issues with the bill, namely: · Independence and impartiality are questionable: The IPCC’s independence and impartiality are questionable as the Minister of Home Affairs is given the authority to appoint the Secretary of the Commission, instead of the Commission collectively deciding the candidate. Also, the bill does not restrict police involvement in the Commission, thus allowing serving police officers and retired police officers to be part of the Commission. · Limited investigative powers: Compared with EAIC and IPCMC, the Commission has limited investigative powers. Its task forces do not have the powers conferred by the Criminal Procedure Code. It does not have the power to conduct search and seizure in its investigations; it cannot visit lockups or any places of detention without prior notice; on top of that, it has limited power to compel the surrender of documents and evidence if they are deemed ‘prejudicial to national security or national interest’. · Lack of enforcement powers: The IPCC bill deprives the Commission of enforcement powers as it removes disciplinary power or the power to compel actions based on recommendations made by the Commission. Upon finding any police misconduct, the Commission can only refer its findings to the Police Force Commission with a recommendation for disciplinary action. The Commission has no authority to compel the Police Force Commission to act or to report its actions to the IPCC within a stipulated time frame. Police brutality and abuse of power violate basic human rights and pose serious threats to civilians. Over the years, enforced disappearances, torture, ill-treatment and deaths in custody have been rampant. By shelving the IPCC bill and immediately tabling a new Bill that enshrines the initial objectives and purpose of the the IPCMC as proposed by the bill drafted by the Royal Commission of Inquiry, the government can: · Restore public trust According to Transparency International, the Royal Malaysian Police rank second highest for perception of corruption, with 30% of Malaysians perceiving the institution as corrupt. When there is an absence of public trust in the police, the police can neither enhance their effectiveness nor defend the legitimacy of their actions. Worse still, where there is no policing by consent, policing is likely to take more arbitrary and violent forms. A dangerous, downward spiral of disengagement ultimately leads to spikes in violence and vigilantism, threatening the safety of citizens and the police alike, thereby further damaging public trust. Hence, reviving the IPCMC bill is a highly urgent and important task, not only to restore the police's long-tarnished reputation, but also to rebuild police-community trust and to break the cycle of violence. · Ensure transitional justice Moreover, the IPCMC aims to pursue transitional justice for the deceased by punishing the guilty and protecting our inalienable right to life that is enshrined in the Federal Constitution. Twelve deaths in police custody have been reported within the first eleven weeks of 2022. Yet, the reasons for the deaths remain unknown, and progress of the investigations has yet to be revealed, leaving the families to bear the cost of injustice and suffer from perpetual grief. We acknowledge that the police have established a Death in Custody Investigation Unit (USJKT). However, the only change we have seen is that this unit promptly issues public statements when deaths occur in police custody. The investigations continue to be carried out by the police themselves without transparency, without independent oversight, without urgency. Even though the statements released by the USJKT have caused immense public outrage and resulted in public complaints over the police’s failure to release information previously released in Parliament, no improvements have been made to the statements. Also, there have been no corresponding reports of related prosecutions or disciplinary actions. Three months since USJKT’s establishment, we have no reason to believe the USJKT has made any impact on the culture of impunity within the police force. · Fulfil state obligations As a member of the United Nations Human Rights Council, the government must demonstrate its serious commitment to preventing the tragedy and brutality of police misconduct from continuing to haunt the nation indefinitely, as well as become an exemplar of good police practices. The establishment of an independent oversight body IPCMC contributes towards the realisation of several targets under the Sustainable Development Goal 16, including target 16.1 significantly reducing all forms of violence and related death rates and target 16.3 promoting the rule of law at the national and international levels and ensuring equal access to justice for all. OUR DEMANDS We urge the Minister of Home Affairs to immediately shelve the IPCC bill and return to the drawing board to craft an IPCMC bill which shall uphold the original spirit of an oversight body proposed by the Royal Commission to Enhance the Operation and Management of the Royal Malaysian Police (Dzaiddin Commission) in 2005. A new Bill must promote police accountability and guarantee a Commission which is: · Impartial, independent and transparent; · Mandated to receive, initiate and to conduct investigations of serious abuses committed by police and not be limited to minor disciplinary misconducts; and · Mandated with real powers to investigate, initiate action and enforce its decision. We also urge all Members of Parliament, who are endowed with reason and conscience, to reject the IPCC bill. Endorsed by: 1. Agora Society Malaysia 2. ALIRAN 3. All Women's Action Society 4. Amnesty International Malaysia 5. Angkatan Belia Islam Malaysia (ABIM) 6. Angkatan Mahasiswa UM 7. Angkatan Muda Keadilan(AMK) 8. Architects of Diversity Malaysia 9. Borneo Komrad 10. Centre for independent journalism (CIJ) 11. Citizen Lab 12. Citizens Against Enforced Disappearances (CAGED) 13. Democratic Action Party Socialist Youth (DAPSY) 14. Demokrat Kebangsaan 15. Demokrat UM 16. Eliminating Death and Abuse in Custody Together (EDICT) 17. GERAK Malaysia 18. Gerakan Guaman Rakyat (GEGAR) 19. Hak Siswa 20. HaKita 21. Institut Nyala 22. Justice for Sisters 23. Kelab Sastera MahasiswaUMS (KARMA) 24. Kesatuan Mahasiswa Universiti Malaya 25. KLSCAH Youth 26. Legal Dignity 27. Liga Demokratik Rakyat 28. Lyceum Society 稷下学社 29. L-INC Foundation 30. Malaysia Muda 31. Malaysia Youths and StudentsEvolution Johor Branch(MYSE Johor) 32. Malaysian Action for Justice and Unity (MAJU) 33. Women’s Aid Organisation 34. New Student Movement Alliance of Malaysia (NESA) 35. Parti Ikatan Demokratik Malaysia (MUDA) 36. Parti Sosialis Malaysia(PSM) 37. Pergerakan Tenaga Akademik Malaysia (GERAK) 38. Persatuan Komuniti PrihatinSelangor & KL 39. Persatuan Promosi Hak Asasi Manusia(PROHAM) 40. Persatuan Sahabat WanitaSelangor 41. Pertubuhan SerikatRakyat Malaysia 42. Pertubuhan Solidaritas 43. Pusat KOMAS 44. Save Musang King Alliance (SAMKA) 45. STATELESS.MY 46. Student Progressive Front UUM 47. Suara Mahasiswa UMS 48. Suara Rakyat Malaysia(Suaram) 49. Tenaganita 50. Teoh Beng Hock Trust for Democracy 51. The KLSCAH Women Division 52. Undi 18 53. University of Malaya Association of New Youth 54. UTM-MJIIT Voices 55. Voice of Youtharian (VOY)