Mums top list of child abusers

KUALA LUMPUR: In a surprising finding, the highest number of child abusers turn out to be the hand that rocks the cradle the victim's mother.

Deputy Women, Family and Community Development Minister Datuk Heng Seai Kie said statistics from the past three years had revealed that most child abusers were parents themselves and in particular, mothers.

“Mothers make up 25.4% of perpetrators in child abuse cases while 18.9% are fathers.

“Together, parents comprise 44.3% of child abusers in incidents recorded nationwide last year,” she said in her speech at the third national conference of the Association of Registered Child Care Providers Malaysia here yesterday.

Heng said the third largest number of child abusers at 11% of the total number of cases were the lovers of teenage victims.

Children are defined by the ministry as those aged below 18.

Parents should learn to strike a balance between work and parental responsibilities, she said.

Heng also revealed that child abuse statistics from Selangor and Kuala Lumpur were constantly above 50% of the total number of cases in the country.

On another matter, she said the ministry hoped to increase the percentage of children enrolled in child care centres from the current 4% to 25% by 2020.

“This is in line with the Government's policy of encouraging the participation of women in the workforce.

“One of our objectives is to increase the number of women from the current 41% to at least 55% of the total workforce by 2015,” said Heng, adding that a major challenge facing women who wanted a career was their responsibility towards their children.

She added that to set up more child care centres, the Government had offered incentives to corporate bodies and government agencies to establish such facilities at the workplace.

Heng said a RM200,000 incentive was given to government agencies while private companies were offered a tax deduction of 10% from their annual income for 10 years by the Finance Ministry to set up child care centres.

Early Child Care and Education Council assistant treasurer Shamsinah Shariff said it would encourage housing developers to set aside land to build child care centres and kindergartens at residential areas.

By YUEN MEIKENG  meikeng@thestar.com.my

Are Malaysian Employment Laws Challenging?

Are Malaysian employment laws and policies in keeping with the new models or do they still carry signs of the traditional master-servant model and archaic gender stereotypes?
 
WE hear of female civil servants taking optional retirement but that is because the Public Service Commission allows for that.

And when they go, they get a pension.

But to be forced to retire in the private sector before your male colleagues? That goes against the grain and, surely, Article 8 of the Federal Constitution which guarantees gender equality.

And yet that is the case for female workers in some industries in the private sector.

In June 2001, the Guppy Plastics Industries' new employee handbook stipulated that the retirement age for its female and male workers was 50 and 55 respectively. Apparently, women are prone to medical problems after 50.

Tan: The argument that female workers lose their ability at 50 is not backed by scientific fact.

The fact that the Federal Constitution was amended a month later to include gender in Article 8's equality provision and that Malaysia is a signatory to the United Nation's Convention on the Elimination of Discrimination Against Women (Cedaw) before that was of no consequence to them or the Court of Appeal.

On March 21 this year, the second highest court in the country dismissed an appeal by eight female employees against their forced retirement from Guppy in July 2001, saying the plastics company had merely followed its handbook and early retirement for female workers was industry practice.

The fact that other industries also have similar retirement policies is a matter for concern. Apart from a clear case of gender bias, some could, like Guppy had done, re-employ the terminated workers on a contract basis, depriving them of benefits they would have got otherwise.

The women are not giving up, though. They are applying for leave to appeal in the Federal Court.

Lawyer Honey Tan says the Guppy case reinforces the male and female stereotypes. “The argument that female workers lose their ability at 50 is not backed by scientific fact,” she says.

“If age was a bona fide occupational qualification, then both male and female workers should retire at the same time.”

Should our employment laws remain in the dark ages, leaving a worker with social security that is nebulous at best?

Tan will be raising the Guppy case and other cases of sex discrimination at the workplace for discussion and debate at a conference on “Challenges in Employment Law: Proposals for Reform” on July 2.

The one-day conference is organised by the Malaysian Chapter of the International Society of Labour and Social Security Law (MSLSSL) and Current Law Journal.

Roy: There is a great need to create public awareness of labour laws and social security.

 

Participants will hear from Susila Sithamparam, Industrial Court president, Lawasia Committee on Labour Law chair Bernard Banks, Human Resources Ministry officials, unionists, lawyers, employers and an Industrial Court chairman.

The other topics that will be debated are minimum wage, contract labour and labour claims under Section 69 of the Employment Act.

“There is a great need to create public awareness of labour laws and social security,” says conference organising chairman Datuk Roy Rajasingham.

As such, the Malaysian chapter of the international society was set up in 2011 to promote the study of labour and social security laws here and at the international level, adds Roy, who is also MSLSSL vice-president.

“It seeks to provide lawyers, labour practitioners and others working in the fields of labour and social security law with a forum for discussion and debate.”

Membership is open to all who, because of their scholarly work or judicial or professional activities, are interested in furthering the aims and purposes of the society.

Besides them, the Malaysian Employers Federation (MEF), Malaysian Trades Union Congress (MTUC), Human Resources Ministry, Employees Provident Fund and Social Security Organisation are entitled to nominate one representative each to be a member.

Conference participants can expect to look at proposals for reform in the changing field of social security, employment, and human resources management.

One of the long-time bones of contention has been whether to introduce a minimum wage.

Recently, the Government ended that dispute by announcing a minimum wage for the private sector but whether this is the best thing for workers here and Malaysia's competitiveness remains to be seen.

Lo: The matter of what constitutes minimum wage has to be resolved.

“Even though the rate has been announced, the matter of what constitutes minimum wage has to be resolved,” says Andrew Lo, who will be speaking on the topic.

“Does it include, for example, shift allowance, service charge, overtime payment, performance bonus? How about accommodation, transport and meals provided by employers?” says Lo, chief executive officer of the Sarawak Bank Employees Union.

Also speaking is MEF executive director Shamsuddin Bardan and participants can expect a robust discussion on who benefits most.

For example, would a minimum wage increase the standard of living for the poor and increase domestic consumption, which is the engine of economic growth?

Or would it destroy jobs?

Lo notes that some employers are already claiming that up to four million jobs are at risk and 200,000 businesses may close.

As such, he speculates, some companies may adopt more capital intensive and efficient production systems and reduce the number of workers needed.

MSLSSL president Datuk Dr Cyrus Das says it would be good for all stakeholders to remember that a minimum wage is tied to a “living wage”.

“Every society that prescribes to social justice must accept a minimum wage structure and employment. You can't pay a worker RM300 and expect him to survive on that today.”

Another major concern currently is the over-dependence on contract labour and foreign labour.

Dr Das says contract labour should not be introduced for the local workforce as that would mean bypassing trade union membership by workers, who would otherwise be eligible to join a trade union.

“The mechanism of trade union membership and terms of employment guaranteed by a collective agreement are generally regarded as minimum safeguards to an industrial workforce,” he adds.

Dr Das: You can’t pay a worker RM300 and expect him to survive on that today.

Lo, who is also MTUC Sarawak secretary-general, claims that the supply of foreign workers is controlled by syndicates and is a multi-million industry.

“Employment agents are exploiting foreign workers as they charge more than what the workers would have earned during their employment contract.”

One of the recent amendments to employment law is that which allows labour supply companies to source and employ foreign workers and farm them out to work for a fee.

“The problem arises when these labour contractors abscond, leaving their workers unpaid. The company where the employees have been working will deny responsibility as they are not the employer, leaving employees high and dry,” Lo says.

This amendment and others were greeted with protest and concern but were passed by Parliament anyway, ostensibly to facilitate the easier registration of labour contractors.

The question now, says Lo, is whether the amendments will ensure greater accountability and protection for workers or would they be legalising an undesirable practice.

He adds that the conference will look into whether a Royal Commission would be appropriate to provide an independent, in-depth inquiry to assist the Government in formulating a robust, effective, enforceable, and sustainable foreign labour policy.

By SHAILA KOSHY koshy@thestar.com.my

> Register before June 11 for an early bird fee. For conference details, contact 03-4270 5400 or e-mail priority@cljlaw.com

By their dialogues we shall know them

Political conferences all have their own character, which also determines their actual value.

ONLY a quarter of a century ago, Malaysia launched the first premier annual conference for the most dynamic part of the world.

Thus was ISIS’ Asia-Pacific Roundtable (APR), organised by the Institute of Strategic and International Studies in Kuala Lumpur. It soon became an institution and a pilgrimage for strategic thinkers, policymakers and analysts with a focus on security in East Asia and the Americas, with Russia, Australasia and the Pacific somewhere in between.

As a non-governmental forum, the APR became the top “Track Two” dialogue for the Asia-Pacific mega-region’s movers and shakers. Because Track One (governmental) forums were official, delegates there would be inhibited and dialogues overburdened with protocol.

Track Two dialogues, however, were non-official and included governmental officials alongside academics and others. With everyone speaking in a private capacity, exchanges tended to be more open and candid.

      Track One: Malaysia’s Defence Minister Datuk Seri Dr Ahmad Zahid Hamidi speaking on the final day of the Institute for Strategic Studies summit in Singapore on June 3. — EPA

This allowed officials the time and space to speak their mind, while giving non-officials an opportunity to “listen in” and address officials directly. The APR series would go on to inspire copies, or at least near-copies.

In 2002, Singapore began its own annual conference series in the Shangri-la Dialogue (SD). This would be a Track One exercise managed by Britain’s Institute of International and Strategic Studies (IISS).

Through the years other Asean countries also established their own national think- tanks, with one from each country forming part of the Asean-ISIS network. The APR then became their joint project, while still being organised by ISIS Malaysia in Kuala Lumpur.

After the SD, the Swiss-based World Economic Forum (WEF) also turned its gaze eastwards. Apart from the WEF’s annual meetings in Davos, it also began to hold several conferences a year elsewhere, including the annual WEF on East Asia.

The APR is held in late May or early June each year. For both the SD and the WEF on East Asia to be held back-to-back with the 2012 APR testifies to the APR as a form of mainstay. Organisers tend to hold broadly similar forums in a region around the same time to economise on travel expenses for international participants. That the other international conferences adjusted their schedules to suit Asean-ISIS’s timing is a measure of how Asean and its institutions can implicitly drive international events involving major world powers.

While the SD focuses on politics and provides a political platform for delegates, the WEF on East Asia (like other WEF forums) emphasises corporate activity and provides a business platform for delegates. Their similarities and differences with each other and with the APR became obvious this year.

The APR’s agenda this time ranged from regional security with the rise of China and India, to US strategic interests, sub-regional perspectives, governance issues and Myanmar’s future.

There was, as usual, a fair assortment of delegates from various countries around the Asia-Pacific. Someone remarked on how much of the discussion was taken up on China and the implications of its continued rise, but at least the conference could not be accused of skirting the reality outside.

This concerns the key question of how much of the region’s realities are actually reflected in conference discussions. What is their street credibility like?

The SD tended, perhaps typically, to be dominated by Western voices. Much of the time it was US officials in particular talking to their Asian counterparts over everyone else.

US-China military relations or rather the lack of them this time became almost the dominant theme. Attracting most interest was the US view of China’s rise, in particular with the attendance of US Defence Secretary and former CIA director Leon Panetta.

The SD’s strategic focus on China came at a time when Vietnam and the Philippines were experiencing renewed problems with China’s rival claims to South China Sea territory. Perhaps for this reason, several Chinese would-be delegates apparently gave this year’s SD a miss.

This showed that Chinese delegates had yet to prepare themselves sufficiently for vigorous public debates. That would require, for example, adequate mastery of the main language of discourse, English, to engage with others convincingly and persuasively.

With the “China component” virtually absent, there was a complaint that the Shangri-la Dialogue proved to be not much of a dialogue. And since friendly relations across the seas this time were somewhat strained, it wasn’t much of a Shangri-la situation either.

Further north in Bangkok, several important social issues were aired along with the platforms for businesses.

There were the obligatory discussions on China-US or US-China relations, of course. Who could seriously omit such a pivotal issue in the region?

But China was discussed in a variety of ways beyond the flat topic of a military enigma. There was, for example, consideration of how the worsening European debt crisis could hit China and then impact on the rest of the region in myriad ways.

There were also important exchanges on the reform process in Myanmar. However, these were somewhat dwarfed by the presence of Aung San Suu Kyi, on the podium addressing everyone directly in her first trip outside her country in 24 years.

For the first time, delegates could speak with her and relate to the needs of Myanmar and its people. Such was the impact created that the WEF on East Asia decided to hold next year’s conference in Myanmar.

The discussion on how banks must also serve the poor had a showing by the Boston Consulting Group. However, talk of how providing banking access to some 20% of the world’s population still without access could re-energise growth did not arouse much debate on how this might require a whole reconceptualisation of banking priorities.

Discussion on the need for mobile healthcare, particularly for rural areas, saw representations by the Telenor Group and Boston Consulting. While this would clearly maximise the capacity of healthcare professionals, it would also involve a serious re-assessment of private and public sector roles in healthcare funding.

Food security was a main item on the agenda, with the observation that despite increases in food production in the past half century, a billion people are still starving. But again, there was not much debate on how the question is not the amount of food produced but its distribution, as determined by global markets and prices.

As a conference in the heart of the Asean region, surrounded by Asean realities, the WEF could not miss the quickening pace of Asean economic integration and the creation of a common market by 2015. There was no doubt that Asean integration would proceed full-speed in all its intended spheres. In attempting to learn from the EU experience, however, Asean needed to adapt from European successes while avoiding the failures.

Over at the SD in Singapore, the question of how the US could grapple with a looming Chinese presence in the region led to consideration of the US navy’s new intended toy, the super-high-tech destroyer DDG-1000.

At US$3bil (RM9.56bil) each, this would push the navy into the space age and the Defence Department into near-insolvency. Perhaps not surprisingly, there was also little debate on how the greatest threats confronting the US are not other countries but non-state actors like terrorist groups and various militant organisations.

Perhaps some help could come by way of more Track Two dialogues.

Behind The Headlines By Bunn Nagara