If whipped migrant undocumented, why employer not charged - MP

In the case of the migrant worker who was wrongfully whipped for “illegal entry” into Malaysia, Klang MP Charles Santiago is questioning why no action was taken against the employer.

The employer should be taken to task for hiring a supposed undocumented worker, the lawmaker said.

He alleged that the victim of wrongful whipping, Sabri Umar, who was a member of the Sabah Timber Industry Employees Union (STIEU), was a victim of an anti-union campaign.

Based on the chronology of events and allegations by Sabri, who has documentation, Charles (above) alluded that the Tawau police and the employer were colluding.

He said the worker’s detention and whipping were to get rid of the documented migrant worker as he was active in union activities and had been trying to claim unpaid wages.

“It was quite clear that the authorities were in collusion with the employer…

“Especially if you look at the speed by which Sabri was arrested for one offence, charged under another, and administered five lashes just two months into his prison sentence.

He pointed out that Sabri’s narration of the events also indicates the employer was carrying out anti-union activities.

Charles is a member of the Parliamentary Special Select Committee on Fundamental Liberty and Constitutional Rights.

Employer liable to prison sentence too

Charles said the law that put Sabri behind bars, leading to his wrongful whipping, also called for the employer of an undocumented worker to be liable for imprisonment for a term not exceeding 12 months.

He told Malaysiakini that Section 55B of the Immigration Act 1959/63 also makes the errant employer liable to a fine between RM10,000 and RM50,000, or both a fine and prison sentence.

“Why was the employer not charged if Sabri was undocumented at that time,” he asked.

The 31-year-old from South Sulawesi who had been working in Fu Yee Corporation, a Kalabakan plywood factory in Tawau, Sabah for the past seven years was wrongfully whipped on Jun 23.

Sabri was charged under Section 6(1)(c) of the Immigration Act 1959/63 for illegal entry into Malaysia despite having legitimate documentation.

The Tawau Sessions Court sentenced Sabri to 11 months in jail and five strokes of the cane.

Sabri who was administered five strokes of the cane despite a pending notice of appeal told Malaysiakini he would seek justice with the support of STIEU and the Indonesian consulate in Tawau.

The Tawau High Court has acquitted Sabri of his conviction and sentence but noted he had already been caned.

Last Wednesday (Aug 10), more than 40 NGOs and trade unions joined Sabri in submitting a memorandum to Suhakam calling for a public inquiry into the violations he suffered.

Charles also urged Sabri and parties involved in seeking justice for Sabri to lodge police reports so investigations into their allegations of violations could commence.

Deportation will impede Sabri’s claim for justice

Meanwhile, a planned submission today by 25 organisations to the same Select Committee Charles represented, calling to halt the deportation of Sabri, was canceled as the committee postponed its meeting.

The petition by NGOs, trade unions, and other organisations called on the Committee to step in and ensure Sabri’s pursuit of justice was not impeded by his deportation or any other means.

The group intended to approach the Committee outside Parliament before it met to discuss issues on forced labour and people trafficking.

Charles urged the group to also approach the Sabah government to address the gross miscarriage of justice.

“The trade union movement needs to appeal to the Sabah government to approve a 30-day pass after his (Sabri’s) existing 14 days pass expires, so his case can be heard.

“The government made a mistake and wrongfully whipped Sabri and now he has the right to claim compensation.

“The Sabah government which has authority over its immigration issues can decide,” explained Charles.

He also advised that the Enforcement Agency Integrity Commission also had the authority to intervene.

Meanwhile, Sabri has left his last-ditch effort for justice in the hands of the Industrial Relations Department, which is to decide on his claim for reinstatement filed under Section 20 of the Industrial Relations Act 1967, for wrongful termination.

The consul at the Indonesian Consulate in Tawau, Heni Hamidah, also assured Sabri that she would make appeals with the Sabah Immigration Department for his immigration pass to be extended another 30 days.

Wrongfully whipped: Migrant's last-ditch effort for justice in hands of IRD

Indonesian consulate to seek justice for wrongfully whipped migrant

Wrongfully jailed and whipped, documented migrant seeks justice

Hold Suhakam inquiry into migrant's wrongful whipping - groups