Seeking Justice

Last Friday, I had the privilege of shadowing a co-worker and friend for the day. Daniel is a lawyer consultant to Tenaganita, who chooses to spend his career on being an advocate for those who have no voice in Malaysia’s political scheme. Leaving early (my early – 7am) from Kuala Lumpur, we arrived in Banting, Selangor about 9 am. Daniel took me on a tour of the courtroom and the cells where the accused await trial. As Daniel proceeded to tell me what the day would look like, I just stood amazed at the lack of justice I take for granted as a US citizen.
Eight Vietnamese men, aged 18-22, were being held on violation of immigration charges. They had been in jail for 4 months – a short time according to Daniel. Apparently, a raid had occurred on their place of work, Sprectr Alumicast, and these gentlemen were found to have expired work-permits. However, in Malaysia, it is the employer’s responsibility to apply and see a work-permit through, but it is the holder that gets punished. These men had little clue they their permit had not been renewed, as Spectra informed them the permits were ok. We run into 2 problems here:

1. The employer is holding the Visa, Passport, and work permit (illegal according to Malaysian law) and the employees have no way on ensuring the paperwork is in proper order.
2. The work-permits are to be secured by Spectra, and yet the employees are held responsible.

So, as Daniel reveals more of the story, he says the men have not been paid in 4-5 months. When Daniel went and spoke to the employer about this, he said of course he had paid the men’s wages – he just held enough back that they would not quit and run, about $4000 Ringget (which is about 4 months pay). There is a complete disregard and apathy for the plight of foreign workers and related law. Additionally, the Vietnamese labor advocate, who works under the embassy, was working with the employer to ‘just get them back to work’ and trying to get the workers to just admit their guilt in Malaysian courts so he could get them back to the factory.’ In short, the Vietnamese Embassy, who is theoretically supposed to protect its nationals, is in the employer’s pocket. While Daniel is trying to advocate their rights under Malaysian law, their home embassy is telling them to just admit guilt. To add salt to injury, when the judge finally appeared in the courtroom, the Vietnamese had hired a translator who couldn’t understand Daniel’s English or Malay. How on earth was he supposed to translate? The Vietnamese labor representative said he would translate, to Daniel’s objection.
As 8 Vietnamese men arrived in the court in purple jumpsuits and squeaky flip-flops, piling into the ‘box’ (as you see in the picture) the judge waved them away, back to the holding cell. As the Vietnamese labor representative looked confused, Daniel bore the smug look of accomplishment. The judge had decided to dismiss the immigration charges, and charge Spectra with trafficking in persons.
Wonderful, as now the employer would be held responsible (as he was holding them without papers and without pay), however, now the men have been slipped to the oddities of Malaysian ‘victim protection’. The men were taken back to the cell and treated as the criminals they were 10 minutes ago. While the rest of the day was spent attempting to get the men treated as victims and not criminals, the clock ticked 3,4, then 5. Investigators were met with; Labor Council of Malaysia was met with… But currently, according to Malaysian law, victims of trafficking have no right to legal counsel. Ultimately, though they were not charged with anything, their status and their access to a system of justice had slipped away – in the name of ‘protection’.
In my studies and research recently, I have been reading about the ‘western’ approach to the issue of refugees. The problem seems, that most policy is made with an assumption that victims of conflict, and all the UNHCR guidelines that define refugees, have access to justice as we see it in the west. Malaysia has shown me not all political systems are created equal, and not everyone has access to a system that will dispense justice. Friday was an overwhelming day that sealed my heart in wanting to be a voice for those without a voice, encourage the oppressed, and seek justice.