i would like to bring to your attension regarding the matter below. these were not even poor but are slaves. and this is the only case reported so far.

POLICE WATCH AND HUMAN RIGHTS COMMITTEE
SUITE 8-9-7 (A) MENARA MUTIARA BANGSAR
JALAN LIKU OFF JALAN RIONG
BANGSAR 59100 KUALA LUMPUR
TEL : 03-22825241 / FAX : 03-22825616

Y.A.B. Dato’ Seri Abdullah Ahmad Badawi 29.8.2006
Prime Minister of Malaysia Fax: 03-88883444
Block Utama,
Bangunan Perdana Putra,Email: reduceredtape@pmo.gov.my
Pusat Pentadbiran Kerajaan Persekutuan,Email: abdullah@kdn.gov.my
62502 Putrajaya Email: ppm@pmo.gov.my
Y.B. Dato’ Seri Shahrizat binti Abdul Jalil
Kementerian Pembangunan Wanita, Keluarga Dan Masyarakat
Block E Kompleks Pejabat Kerajaan Email: Info@kpwk.gov.my
Bukit Perdana Jalan Dato Onn, Fax: 26934982
50515 Kuala Lumpur

Y.B.Dato’ Seri Mohamed Nazri Bin Abdul Aziz
Minister in the Prime Minister’s Department (Law) Fax: 88894177
Chairman
Parlimentary Human Rights Caucas,
Aras 4 Block Barat, Bangunan Perdana Putra
Pusat Pentabiran Kerajaan, Persekitaran 62502
Putrajaya.

Y.B. Datuk Wira Dr.Fong Chan Onn
Minister of Human Resources, Fax: 88892389
Block D3, Aras 8
Pusat Pentadbiran Kerajaan Persekutuan,
62502 Putrajaya

Y.A.B / Y.B,

RE: 1. NEAR SLAVERY / BONDED MALAYSIAN INDIAN LABOURES PAID ABOUT RM800.00 PER MONTH FOR FIVE WORKERS (RM160.00 PER PERSON PER MONTH) AND THAT TOO FOR WORKING ABOUT FIFTEEN (15) HOURS PER DAY, SEVEN (7) DAYS A WEEK.

2. BONDED 16 YEAR OLD GIRL MADE SEX SLAVE BY EMPLOYER / HENCHMEN. NEWBORN BABY DELIVERED AND SOLD OFF WITHOUT A BIRTH CERTIFICATE. SECOND BABY BORN AT REMOTE RUBBER PLANTATION AND IS WITHOUT A BIRTH CERTIFICATE.
3. 5 WITHOUT BIRTH CERTIFICATES AND 4 WITHOUT IDENTIFICATION CARDS.

4. TORTURE AND BEATINGS OF THESE NEAR SLAVES.

5. TWO CHILDREN AGED 14 AND 15 ARE FORCED LABOURERS.

6. TWO CHILDREN AGED 11 AND 13 STOPPED SCHOOL AT 9 AND 10 YEARS OF AGE.

7. SEVEN CHILDREN DID NOT ATTEND SCHOOL AT ALL OR WENT TO SCHOOL UP TO VARIOUS LEVELS BUT TO A MAXIMUM OF REMOVE CLASS (SEVENTH YEAR).
8. EVE OF 49 YEARS OF INDEPENDENCE CELEBRATIONS IN A COUNTRY WITH THE WORLD’S TALLEST TWIN TOWERS BUT NOT FOR THIS FAMILY, ABOUT 30-40 MALYSIAN INDIAN CITIZENS WITHOUT BIRTH CERTIFICATES AND / OR IDENTITY CARDS IN THIS PLANTATION AND AN ESTIMATED 20,000 OTHERS IN MALAYSIA WHO ALSO SUFFER THE ABOVE FATE.

9. OFFICER IN CHARGE OF BAHAU POLICE STATION AWARE OF THESE ATROCITIES BUT NO ACTION TAKEN.

10. SOS / URGENT STATE ASSISTANCE.

11. STATE DISCRIMINATION OF ETHNIC MINORITY MALAYSIAN INDIAN POOR LEADING TO THESE ATROCITIES/ POVERTY.

12. CALL FOR MINIMUM MONTHLY WAGES OF RM800.00 PER MONTH IN THIS COMMUNITY NOT ADDRESSED.

We refer to the above matter and have been instructed by Mr.M.Avadiar a/l V.Malayandi (42) and his family members namely his wife Rosamah a/p Vatumalai (42) and his seven (7) children: – 1)Manimala a/p M.Avadiar (21) 2).Kogilawani a/p M Avadier (20), 3).Kalaivaniy a/p M.Avadiar (17), 5).Rajeswari a/p M.Avadier (14), 4).Maniwanan a/l M.Avadier (15) 6.Manimaran a/l M.Avadier (12) and Sugumaran a/l M.Avadier (11) and his son in law Ramudu a/l Prushotman all of c/o No.8, Rumah Kilang Sawit Tementi, 26300, Triang, Pahang as follows: –

INTRODUCTION

1. Over the last 8 years Mr.M.Avadiar and his family and other families in this remote rubber plantation have been going through near slavery and / or being made bonded labourers by their employer one Mr.Maran and his henchmen at a remote rubber plantation called Gatco Plantations, Ayer Hitam, Jempol, N.Sembilan, Malaysia.

2. This family of 10 and about 30-40 other people in this remote plantation alone have been illiterate and / or not given the opportunity to attend school and /or did not have state/ welfare help / benefits to at least attend school.

3. Five (5) members does not have birth certificates whereas another four (4) others does not have Identity Cards.

4. As a result of this, this family in particular was completely at the mercy of their said employer Mr.Maran and his henchmen.

5. This family of Mr.M.Avadiar has never been paid their lawful salary but were merely supplied with provisions worth about RM500.00 per month and given RM300.00 cash in hand for five family members working for about fifteen (15) hours per day, seven days a week. They do not get Employers Provident Fund (EPF) and Social Security (Soscso) contributions. Their only off days are when it rains and one week leave for Deepavali. Form the RM300.00 this family also has to pay RM100.00 for their house rentals.

6. The said employer demands absolute loyalty from these family as they allegedly owe him money amongst which being the water bills, marriage loan etc.

7. This family and others are not permitted to leave the said rubber estate as they are all bonded labourers to the said employer and because of the “debt” they allegedly owe their employer.

8. Even if they leave, they risk being arrested by the police for not being in possession of idenfication documents and / or suspected of being foreign nationals.

9. Upon attaining age, Mr.M.Avadiar’s daughter Kogilavani was continuously taken advantage of sexually by the employer’s brother Ravi and his driver Mathavan.

10. At 16 years of age, this said Kogilavani become pregnant and delivered a baby girl at the Kuala Pilah General hospital.

11. The birth of this baby girl was also never registered and neither was a birth certificate procured and this baby was immediately sold to an unknown individual by the said employer.

12. Subsequently another baby boy Pondraj a/l Ravi was born to Kogilavani in this remote rubber plantation as the employer did not want to take Kogilavani to the hospital and this baby boy does not even have a birth certificate up to date.

13. These workers are threatened / beaten up when they do not obey their master / employer. The employer would kick at their door if they do not come to work when they are ill etc.

14. In short this family and about 30-40 other undocumented Malaysian citizens in this remote plantation are being treated and live like animals and / or in near slavery / bonded labourer conditions and being completely at the mercy of their employer Mr.Maran and his henchmen while the Government of Malaysia does not care because they are the poor ethnic Malaysian Indians citizens.

15. On 31.8.2005 Mr.Ramudu a/l Prushotaman (20) (the son in law of M.Avadiar) and his wife Kalaivaniy a/p Avadiar managed to escape from this employer.

16. On 14.12.2005 Ramudu’s friends Saravanan and Muthualagu and two others were attacked and injured when they went to send back Mr.M.Avadiar a/l V.Malayandi and his wife to Gatco Estate after having taken them out to assist Kalaivaniy a/p Avadiar (17) to get a Birth Certificate. A police report No Ayer Hitam 001128/05 was lodged. Mr.Avadiar was also later slashed on the neck and then his head.

17. On 2.8.2006 when Ramudu told Maran about having procured a Birth Certificate for his wife, Maran became very angry and told this family not to come back to work.

18. Ramudu then solicited the assistance of one Mr.Guna of the Democratic Action Party (DAP) in Seremban who telephoned Mr.Maran and the said Mr.Guna warned him not to create problems for this family.

19. On 4.8.2006 Maran’s henchmen and family members attacked and injured our clients as he believed that upon getting their identification documents, they would leave this plantation.

20. Kalaivaniy and two others lodged a police report on this attack but all three (3) were instead arrested and detained overnight and charged at the Bahau Magistrets Court for affray and released on a RM500.00 bail.

21. Six of Mr.Maran’s people including his driver Raju who is believed not to have a birth certificate and Identity Card were also arrested and charged at the Bahau Magisterets Court. All of them pleaded guilty and paid a five of RM850.00 and were released.

22. It is a wonder how this Mr.Raju was arrested by the police, pleaded guilty in a Court of Law and was later released after having paid a fine of RM850.00 without being in possession of a birth Certificate and also an Identity Card.

23. This whole family with the assistance of Mr.Saravanan and his friends had 7.8.2006 escaped from this employer’s atrocities / clutches.

24. The rest of the workers including Mr Ramudu’s mother Mariamah a/p Romallu (40) who does not have a birth certificate and identity card and about 30 to 40 others in this plantation remains under the clutches of Mr.Maran. They all live in fear of harm by this Mr.Maran and blindly obey him.

(A) FAMILY MEMBERS WITHOUT BIRTH CERTIFICATE AND IDENTITY CARD.

1. Pondraj a/l Ravi (1) (grandson of Avadiar)

2. Narvin a/l Ramudu (8 months)
(Note: Hospital did not want to issue birth certificate because mother had no birth certificate and father has no Identity Card).

3. Madam Mariamah a/p Romallu (40)

4. Guna a/l Asodi Kmar (Manimala a/p Avadiar’s husband)

5. Raju (Maran’s driver) (not family member)

(B) FAMILY MEMBERS WITHOUT IDENTITY CARDS

1. Kalaivaniy a/p Avadiar (17).
(Note: Birth Certificate taken only on 2.8.2006

2. Ramudhu a/l Prushotaman (20)
(Note: Cannot get I/C because his mother does not have both I/C and Birth Certificate)

3. Manimaran a/l Avadiar (15)
(Note:Got I/C only on 23.8.2006)

4. Rajeswari a/p Avadiar (14)

(C) SEX SLAVE

1. Kogilavani a/p Avadiar(20)

(D) CHILD LABOURERS

1. Manimaran a/l Avadiar (15)
2. Rajeswari a/p Avadiar (14)

(E) CHILDREN NOT GOING TO SCHOOL

1. Manivanan a/l Avadiar (13)

2. Sugumaran a/l Avadiar (11)

(F) SCHOOL DROPOUTS

1. Manimala a/p M.Avadiar (21) at standard 3

2. Kogilawani a/p M Avadier (20) at standard 2

3. Kalaivaniy a/p M.Avadiar (17) at no school
4. Manimaran a/l M.Avadier (15) at standard 4

5. Rajeswari a/p M.Avadier (14) at remove (7th Year)

6. Maniwanan a/l M.Avadier (13) at standard 3

7. Sugumaran a/l M.Avadier (11) at standard 3

We are disappointed that despite Malaysia attaining almost developed nation status with the world’s tallest twin towers, these atrocities can still rampantly happen.

Why didn’t the Registration Department and / or the welfare officers and or the village security officers (JKKK) attend to and at least document all these undocumented citizens?

How can there still be bonded labourers / near slavery in Malaysia even after 49 years of independence when slavery has been abolished even in Africa. Where were the Socso and EPF Officers? Why did the Officer In Charge (OCS) of the Ayer Hitam Police District and the Officer In Charge of the Jelebu Police District (OCPD) allow these atrocities to happen in his area / district? What was the Member of Parliament and the State Assemblyman in this area doing?

These undocumented citizens situation does not happen to the natives (Orang Asli and other natives in East Malaysia) even in the remotest areas of Malaysia as they have the Jabatan Hal Ehwal Orang Asli and government officers to attend to them.

In rare instances when it happens in the Malay / Muslim majority community, it is taken as done when the JKKK submits their papers.

The Chinese community does not have this problem.

Yet again why are only the Malaysian Indian poor discriminated / marginalised so badly.

As this is a very serious matter we urge the Malaysian Cabinet to consider at their Cabinet meeting tomorrow the 30.8.2006 and render urgent action and assistance by the Government of Malaysia as follows:-

1. National Registration Government Officers to help this family, the other 30 – 40 victims in Gatco Plantation and the 20,000 other undocumented citizens all around the country.

2. The Welfare Ministry to urgently approve RM10, 000.00 emergency funds and thereafter RM1, 000.00 per month.

3. The Welfare Ministry makes the necessary arrangements to send back to school all these school going children.

4. The Welfare Ministry sends these children and others for skills training.

5. The Law Minister advises the Attorney General to withdraw the said criminal charges on the three (3) victims aforesaid at the Bahau Magistrets Court (Next hearing date 8.11.2006).

6. Labour Minister to ensure that the said employer contributes all EPF and Socso contributions and also compel the employer to pay back all back wages.

7. The Government ensures a minimum wage of at least RM800.00 for these plantation workers.

8. The Government of Malaysia stops the discrimination / marginalisation of these poor ethnic minority Malaysian Indians.

Kindly take the necessary action forthwith, as these atrocities should not have happened in the first place let alone the same continue happening in Malaysia.

Kindly revert to us on an urgent basis on these allegations and inform us of the action your goodselves have taken.

Thank You,
Yours Faithfully

P. Uthayakumar
Legal Adviser

C.C. Mr.M.Avadiar a/l V.Malayandi
C/o No.8, Rumah Kilang Sawit Tementi, Post
26300, Triang, Pahang