Nepal: the boiling cauldron of strife and conflict
The peace and stability in South Asia is being increasingly endangered by the spiraling conflict between the army and the insurgents. Since the dismissal of the democratically elected Government of Nepal by King Gyanendra and the subsequent arrest of the opposition leaders and suspension of all civil liberties the situation in Nepal has taken a turn for the worse.
The Monarchy reigns supreme:
This situation is not a flash in the pan. It has been simmering for sometime. Nepal is a country plagued by lack of religious freedom and discrimination against minority religious groups, lack of access and denial of justice to the poor, widespread and institutionalized corruption at every level, denial of political freedom and other fundamental rights to the citizens like freedom of speech, expression, publications, basic health and education, and unequal regional development.
Nepali people have always been struggling and fighting for their basic rights as a result of which some changes in the political system took place from time to time, the latest being in 1990. Most of the Nepal has been ruled by autocratic and feudal rulers. The political change of 1990 brought the monarch under the constitution and a multi-party parliamentary system was introduced in the country with a new constitution. The constitution of Nepal 1990 could not guarantee all the rights to all Nepalese, for example the constitution made Nepal a Hindu kingdom and changing one's religion is illegal. People's voices were crushed. Disillusionment with this system gave birth to the Maoist movement, as one of the visible expression of people's frustration and despair.
Human Rights violation:
The launch of the people's war by the Communist Party of Nepal (Maoist) from February 1996, the situation of human rights in Nepal has continued to worsen. . Arbitrary arrests, detention and torture, extrajudicial killings in the name of fake encounters, and disappearances of citizens have been on the rise. More than 11,000 people have been killed and more than 1,300 people have been disappeared. The government of Nepal has signed about two dozen international human rights treaties, conventions and protocols, but the record of their compliance is very poor.
The children are in the most vulnerable and the worst placed. More than 8,000 children have lost one or both parents since Maoists took up arms in 1996. At least 375 children have died, killed by either side. UNICEF says one in five Nepali children between 6 and 10, or more than half a million children, do not attend school, and only three out of five actually complete primary education.
According to Amnesty International, in 2003 Nepal became the number one country in the world with maximum number of disappearance of people by the security forces. Recently, three international rights bodies- US based Human Rights Watch, Amnesty International and International Commission of Jurists-issued a press release expressing serious concern over grave human rights violations in Nepal and the increasing threat to the safety of human rights defenders.
In its interim report made public at the end of its nine-day long fact-finding mission to Nepal, the UN Working Group on Enforced or Involuntary Disappearances said lack of legal protections for people detained on suspicion of being Maoists or having information about the Maoists was one of the issues of most serious concern. Reports of so-called "preventive detention" by plain clothes security forces, and subsequent detention in Army barracks, often with no legal order for detention, and no access to a judge, lawyer or family, came from all parts of the country, said the Working Group, in its statement.
International Community, a mute spectator:
Among the countries that supply aid to amounting to 60 percent of Nepal's national budget, Britain and India have said that they will not supply further military aid until the king restores democracy. Britain is concerned this conflict can then fuel extremism and terrorism, block economic progress and spread instability far beyond its immediate area. India, despite calling for the restoration of democracy and the release of political detainees, journalists and human rights activists has maintained a silence on country resolution against on the situation of human rights in Nepal. The United States also failed to formally announce the embargo on sale of arms to Nepal although training programmes for the army has been suspended.
The International Community especially the United States, the United Kingdom and India supported the military approach in the name of launching united fight to weaken the Maoists before initiating substantive peace process. The agreement between New Delhi and the other members of the International Community is limited to the restoration of the democracy and the release of the detainees. The International Community has no roadmap to resolve the Maoist conflict in Nepal apart from the restoration of democracy.
By signing a last-minute agreement with the Office of the High Commissioner for Human Rights (OHCHR), Nepal avoided condemnation by the international community on April 11, 2005 for the abuses committed by government security forces. In the end, Kathmandu agreed to allow the OHCHR to set up offices in Nepal to monitor human rights abuses by both the government security forces and the Maoist guerrillas.
India vis-à-vis Nepal
Indian Prime Minister Manmohan Singh and Nepal's King Gyanendra met formally on April 23 for the first time since the monarch seized power two months ago. They met on the sidelines of the Asia-Africa summit in Jakarta. Following the meeting India decided to reverse its decision to suspend the supply of lethal weapons to the Royal Nepal Army. The decision apparently was prompted by the continuing Maoist threats. In return, the King has believed to have agreed to work out a road map to resume the political process, to lift emergency from some areas and to work towards peace and stability.
All these assurances are apparently hollow because on April 27, 2005 former Prime Minister Sher Bahadur Deuba was arrested for failing to appear before an anti-corruption commission, a week ago. A move that the critics say is politically motivated.. The commission wanted to question him about his government's decision on a road building contract in which corruption was suspected. He refused to go, saying the commission was an illegally constituted body. Seven former ministers in Deuba's government have already been either detained or released on separate corruption charges by the commission. Six of them are being investigated for allegedly distributing US$ 56,000 to their supporters. The politicians have denied the allegations, which they say are aimed at undermining the King's potential rivals for leadership.
All eyes are on India. Again there is a question mark over the supply of arms to Nepal. Official sources suggested that the "logical interpretation" of the "proper perspective" would be that the supply of arms would again be put on hold.
In conclusion, it would be safe to say that the king has opened himself up on three fronts with his takeover: the Maoists, the political parties, and the international community. India, which is worried about a spillover of Maoism into its own territory, says that without the restoration of democracy and constitutional monarchy, the Maoists will grow stronger. Britain and America agree. Nepal's northern neighbor, China, which has itself abandoned Maoism, says the struggle is a domestic matter and that outsiders shouldn't meddle. It is doubtful that China will jeopardize its growing economic ties and geopolitical rapprochement with India and play tug of war over Nepal. Meanwhile, Nepalis are waiting impatiently for some hint that King Gyanendra has a plan to end the conflict. But the longer they are made to wait, the more they will be convinced that the King's move was a move for power.
The Monarchy reigns supreme:
This situation is not a flash in the pan. It has been simmering for sometime. Nepal is a country plagued by lack of religious freedom and discrimination against minority religious groups, lack of access and denial of justice to the poor, widespread and institutionalized corruption at every level, denial of political freedom and other fundamental rights to the citizens like freedom of speech, expression, publications, basic health and education, and unequal regional development.
Nepali people have always been struggling and fighting for their basic rights as a result of which some changes in the political system took place from time to time, the latest being in 1990. Most of the Nepal has been ruled by autocratic and feudal rulers. The political change of 1990 brought the monarch under the constitution and a multi-party parliamentary system was introduced in the country with a new constitution. The constitution of Nepal 1990 could not guarantee all the rights to all Nepalese, for example the constitution made Nepal a Hindu kingdom and changing one's religion is illegal. People's voices were crushed. Disillusionment with this system gave birth to the Maoist movement, as one of the visible expression of people's frustration and despair.
Human Rights violation:
The launch of the people's war by the Communist Party of Nepal (Maoist) from February 1996, the situation of human rights in Nepal has continued to worsen. . Arbitrary arrests, detention and torture, extrajudicial killings in the name of fake encounters, and disappearances of citizens have been on the rise. More than 11,000 people have been killed and more than 1,300 people have been disappeared. The government of Nepal has signed about two dozen international human rights treaties, conventions and protocols, but the record of their compliance is very poor.
The children are in the most vulnerable and the worst placed. More than 8,000 children have lost one or both parents since Maoists took up arms in 1996. At least 375 children have died, killed by either side. UNICEF says one in five Nepali children between 6 and 10, or more than half a million children, do not attend school, and only three out of five actually complete primary education.
According to Amnesty International, in 2003 Nepal became the number one country in the world with maximum number of disappearance of people by the security forces. Recently, three international rights bodies- US based Human Rights Watch, Amnesty International and International Commission of Jurists-issued a press release expressing serious concern over grave human rights violations in Nepal and the increasing threat to the safety of human rights defenders.
In its interim report made public at the end of its nine-day long fact-finding mission to Nepal, the UN Working Group on Enforced or Involuntary Disappearances said lack of legal protections for people detained on suspicion of being Maoists or having information about the Maoists was one of the issues of most serious concern. Reports of so-called "preventive detention" by plain clothes security forces, and subsequent detention in Army barracks, often with no legal order for detention, and no access to a judge, lawyer or family, came from all parts of the country, said the Working Group, in its statement.
International Community, a mute spectator:
Among the countries that supply aid to amounting to 60 percent of Nepal's national budget, Britain and India have said that they will not supply further military aid until the king restores democracy. Britain is concerned this conflict can then fuel extremism and terrorism, block economic progress and spread instability far beyond its immediate area. India, despite calling for the restoration of democracy and the release of political detainees, journalists and human rights activists has maintained a silence on country resolution against on the situation of human rights in Nepal. The United States also failed to formally announce the embargo on sale of arms to Nepal although training programmes for the army has been suspended.
The International Community especially the United States, the United Kingdom and India supported the military approach in the name of launching united fight to weaken the Maoists before initiating substantive peace process. The agreement between New Delhi and the other members of the International Community is limited to the restoration of the democracy and the release of the detainees. The International Community has no roadmap to resolve the Maoist conflict in Nepal apart from the restoration of democracy.
By signing a last-minute agreement with the Office of the High Commissioner for Human Rights (OHCHR), Nepal avoided condemnation by the international community on April 11, 2005 for the abuses committed by government security forces. In the end, Kathmandu agreed to allow the OHCHR to set up offices in Nepal to monitor human rights abuses by both the government security forces and the Maoist guerrillas.
India vis-à-vis Nepal
Indian Prime Minister Manmohan Singh and Nepal's King Gyanendra met formally on April 23 for the first time since the monarch seized power two months ago. They met on the sidelines of the Asia-Africa summit in Jakarta. Following the meeting India decided to reverse its decision to suspend the supply of lethal weapons to the Royal Nepal Army. The decision apparently was prompted by the continuing Maoist threats. In return, the King has believed to have agreed to work out a road map to resume the political process, to lift emergency from some areas and to work towards peace and stability.
All these assurances are apparently hollow because on April 27, 2005 former Prime Minister Sher Bahadur Deuba was arrested for failing to appear before an anti-corruption commission, a week ago. A move that the critics say is politically motivated.. The commission wanted to question him about his government's decision on a road building contract in which corruption was suspected. He refused to go, saying the commission was an illegally constituted body. Seven former ministers in Deuba's government have already been either detained or released on separate corruption charges by the commission. Six of them are being investigated for allegedly distributing US$ 56,000 to their supporters. The politicians have denied the allegations, which they say are aimed at undermining the King's potential rivals for leadership.
All eyes are on India. Again there is a question mark over the supply of arms to Nepal. Official sources suggested that the "logical interpretation" of the "proper perspective" would be that the supply of arms would again be put on hold.
In conclusion, it would be safe to say that the king has opened himself up on three fronts with his takeover: the Maoists, the political parties, and the international community. India, which is worried about a spillover of Maoism into its own territory, says that without the restoration of democracy and constitutional monarchy, the Maoists will grow stronger. Britain and America agree. Nepal's northern neighbor, China, which has itself abandoned Maoism, says the struggle is a domestic matter and that outsiders shouldn't meddle. It is doubtful that China will jeopardize its growing economic ties and geopolitical rapprochement with India and play tug of war over Nepal. Meanwhile, Nepalis are waiting impatiently for some hint that King Gyanendra has a plan to end the conflict. But the longer they are made to wait, the more they will be convinced that the King's move was a move for power.
[Source: NCC India]
Single currency would make Asia strong, Tsang says
scmp - Sunday, April 24, 2005
AGENCE FRANCE-PRESSE and BLOOMBERG
Acting Chief Executive Donald Tsang Yam-kuen said yesterday there was an "overwhelming" case for a single Asian currency, but it should be approached step by step.
"The case for a single Asian currency is overwhelming," he told a gathering of businesspeople, officials and academics at a forum on Hainan . But he added: "We must learn to walk before we can run."
He pointed out that the diversity of the Asian economies made it difficult to realise a single currency.
"We must create the conditions for greater free trade in financial services before we can even begin to talk about monetary integration," Mr Tsang said.
He urged Asian governments to remove hurdles to stronger trade in financial services as a first step.
"Asia has unwittingly erected regulatory barriers against trade with each other in a variety of financial products," he said. "We have the irony of growing free trade in physical goods, but relatively little free trade in financial products within Asia."
Mr Tsang was speaking at the Boao Forum for Asia, an annual economic gathering that Beijing hopes to develop into a regional parallel to the World Economic Forum in Davos, Switzerland.
He said a lack of agreements on intra-regional trade in financial services prompted Asian individual investors to put their savings into US dollar and euro-denominated investments. A common currency would promote economic integration and enable Asia to benefit more from globalisation.
"The real issue within Asia is whether Asia can generate its own internal engine of domestic growth, rather than relying on exports," he said.
Mr Tsang hinted that investing more of the US$2 trillion of Asia's foreign reserves regionally, instead of through European and US bond markets, would help develop local financial services and wean the economy off its export dependency.
The government had been working with regional central banks and securities commissions in building regulatory co-operation.
Hong Kong's Securities and Futures Commission had so far signed letters of intent with Indonesia, Thailand and Sri Lanka in line with international standards.
"Once Hong Kong and other jurisdictions learn from each other ... more Asian products can be traded within Asia," Mr Tsang said.
"This will generate a critical mass for Asian savings to be reinvested within Asia."
AGENCE FRANCE-PRESSE and BLOOMBERG
Acting Chief Executive Donald Tsang Yam-kuen said yesterday there was an "overwhelming" case for a single Asian currency, but it should be approached step by step.
"The case for a single Asian currency is overwhelming," he told a gathering of businesspeople, officials and academics at a forum on Hainan . But he added: "We must learn to walk before we can run."
He pointed out that the diversity of the Asian economies made it difficult to realise a single currency.
"We must create the conditions for greater free trade in financial services before we can even begin to talk about monetary integration," Mr Tsang said.
He urged Asian governments to remove hurdles to stronger trade in financial services as a first step.
"Asia has unwittingly erected regulatory barriers against trade with each other in a variety of financial products," he said. "We have the irony of growing free trade in physical goods, but relatively little free trade in financial products within Asia."
Mr Tsang was speaking at the Boao Forum for Asia, an annual economic gathering that Beijing hopes to develop into a regional parallel to the World Economic Forum in Davos, Switzerland.
He said a lack of agreements on intra-regional trade in financial services prompted Asian individual investors to put their savings into US dollar and euro-denominated investments. A common currency would promote economic integration and enable Asia to benefit more from globalisation.
"The real issue within Asia is whether Asia can generate its own internal engine of domestic growth, rather than relying on exports," he said.
Mr Tsang hinted that investing more of the US$2 trillion of Asia's foreign reserves regionally, instead of through European and US bond markets, would help develop local financial services and wean the economy off its export dependency.
The government had been working with regional central banks and securities commissions in building regulatory co-operation.
Hong Kong's Securities and Futures Commission had so far signed letters of intent with Indonesia, Thailand and Sri Lanka in line with international standards.
"Once Hong Kong and other jurisdictions learn from each other ... more Asian products can be traded within Asia," Mr Tsang said.
"This will generate a critical mass for Asian savings to be reinvested within Asia."
Ghosts of meetings past still haunt third-world leaders
scmp - Saturday, April 23, 2005
REUTERS and AGENCE FRANCE-PRESSE in Jakarta
Leaders of three-quarters of the world's population met in Indonesia yesterday in search of common ground for Africa and Asia on issues from terrorism to poverty, but old rivalries swiftly took centre stage.
From staunch allies of the US to fierce critics of western dominance of world affairs, presidents, kings and ministers from 100 countries, many of them among the world's poorest, arrived to a red-carpet welcome amid tight security.
"Asia-Africa is the missing link in the worldwide structure of inter-regional relations," Indonesian President Susilo Bambang Yudhoyono said in opening remarks to the conference.
He also stressed the need for unity, evoking the message of the first Asia-Africa Conference 50 years ago in the Indonesian city of Bandung, where leaders sought to challenge the bipolar world of the cold war era. At that conference the developing world sought to assert itself for the first time, inspiring the Non-Aligned Movement.
Tackling graft, poverty and the spread of diseases such as HIV/Aids are high on the agenda of this year's meeting, alongside plans to close the gap between Asian and African countries and the developed world.
But diplomatic rows and old rivalries within Asia were expected to dominate the meeting, including the spat between economic giants China and Japan over Tokyo's second world war aggression, which has rocked the region.
The number two leaders of North and South Korea met briefly, their highest-level contact in five years, but they did not discuss Pyongyang's nuclear programme.
Military-ruled Myanmar's top general was also present but refused to discuss democratic reform despite growing pressure from other Southeast Asian nations.
Zimbabwean President Robert Mugabe used his speech to ridicule the US as a "fascist international dictatorship", prompting nervous laughter from fellow leaders, many of whom are close allies of Washington.
"The unilateralism that looms over the world today is as dangerous as the threat of war," Mr Mugabe thundered.
"We now know that the greater threat comes from the United States' and Britain's weapons of mass deception," he said, referring to claims before the invasion of Iraq that Baghdad had stockpiled chemical and biological weapons.
Others warned that Asian and African hardship would exacerbate extremism at a time when militants continue to stage attacks against Washington's so-called war on terror and its operations in Iraq.
"The current preoccupation of the rich countries with counter-terrorism has diverted valuable resources from the development process," said Malaysian Prime Minister Abdullah Badawi, who is the present chair of the Non-Aligned Movement.
In his address to the summit, UN Secretary-General Kofi Annan sought to sell his plans for the UN, which include a road map for how rich nations must work to eradicate poverty in poor countries, creating a "fairer, freer and safer" world.
REUTERS and AGENCE FRANCE-PRESSE in Jakarta
Leaders of three-quarters of the world's population met in Indonesia yesterday in search of common ground for Africa and Asia on issues from terrorism to poverty, but old rivalries swiftly took centre stage.
From staunch allies of the US to fierce critics of western dominance of world affairs, presidents, kings and ministers from 100 countries, many of them among the world's poorest, arrived to a red-carpet welcome amid tight security.
"Asia-Africa is the missing link in the worldwide structure of inter-regional relations," Indonesian President Susilo Bambang Yudhoyono said in opening remarks to the conference.
He also stressed the need for unity, evoking the message of the first Asia-Africa Conference 50 years ago in the Indonesian city of Bandung, where leaders sought to challenge the bipolar world of the cold war era. At that conference the developing world sought to assert itself for the first time, inspiring the Non-Aligned Movement.
Tackling graft, poverty and the spread of diseases such as HIV/Aids are high on the agenda of this year's meeting, alongside plans to close the gap between Asian and African countries and the developed world.
But diplomatic rows and old rivalries within Asia were expected to dominate the meeting, including the spat between economic giants China and Japan over Tokyo's second world war aggression, which has rocked the region.
The number two leaders of North and South Korea met briefly, their highest-level contact in five years, but they did not discuss Pyongyang's nuclear programme.
Military-ruled Myanmar's top general was also present but refused to discuss democratic reform despite growing pressure from other Southeast Asian nations.
Zimbabwean President Robert Mugabe used his speech to ridicule the US as a "fascist international dictatorship", prompting nervous laughter from fellow leaders, many of whom are close allies of Washington.
"The unilateralism that looms over the world today is as dangerous as the threat of war," Mr Mugabe thundered.
"We now know that the greater threat comes from the United States' and Britain's weapons of mass deception," he said, referring to claims before the invasion of Iraq that Baghdad had stockpiled chemical and biological weapons.
Others warned that Asian and African hardship would exacerbate extremism at a time when militants continue to stage attacks against Washington's so-called war on terror and its operations in Iraq.
"The current preoccupation of the rich countries with counter-terrorism has diverted valuable resources from the development process," said Malaysian Prime Minister Abdullah Badawi, who is the present chair of the Non-Aligned Movement.
In his address to the summit, UN Secretary-General Kofi Annan sought to sell his plans for the UN, which include a road map for how rich nations must work to eradicate poverty in poor countries, creating a "fairer, freer and safer" world.
Leaders of Asia and Africa face ideals crisis
Wednesday, April 20, 2005
AGENCE FRANCE-PRESSE in Jakarta
Fifty years ago, 29 African and Asian heads of state met in Indonesia to proudly declare a solidarity they saw as a counterbalance to the divided world of the cold war, free from the imperialism and dominance of the west.
But as leaders from both continents prepare to meet half a century on from the first Asia-Africa conference, which gave birth to the Non-Aligned Movement (NAM), they face a struggle to revive lofty ideals that many participants have cast aside as they strive for a footing in a vastly different world.
Some 46 heads of state are due to gather this weekend in Jakarta and Bandung, the Java Island city where Indonesia's founding president Sukarno convened the first Asia-Africa summit.
Ahead of the meeting, joint hosts Indonesia and South Africa have pushed the message that the summit will see a revival of the "Bandung spirit" as the two continents rebuild old bridges with new trade and friendship pacts.
It will be a tall order to recapture the non-aligned zeitgeist of 1955, when it seemed feasible to create an ideological blend of Asian and African nationalism.
Some observers are scornful of a gathering they see as little more than an exercise in well-meaning handshakes and empty promises.
But others see strong forces at play beneath the hot air, with the summit likely to be a showcase if not for intercontinental harmony, then for emerging economic powerhouses wanting to make new strategic pals.
"This will be a good opportunity for China and India to flex their muscle, although they don't really need forums like this to do it," said Peter Draper, a research fellow on African-Asian relations at the South African Institute for International Affairs.
The two countries' status also represents how economically dynamic Asia has begun to overshadow Africa, its one-time ally in poverty and post-colonial disarray.
Nevertheless, oil-rich countries such as Nigeria still have influence to peddle. Meanwhile, UN Secretary-General Kofi Annan's intention to brief the summit on plans to reform the UN and open up a permanent seat on the Security Council will signal a new avenue of influence for participants.
"The Asia-Africa solidarity is also critical in the reform of the UN Security Council," said He Wenping , a political analyst at the Chinese Academy of Social Sciences.
However, Hong Kong-based social analyst Josef Purnama Widyatmadja said many of the problems NAM once promised to eradicate still persist. "Dictatorships still flourish in Asia and Africa, and human rights violations are a daily practice" he said.
Unless the summit could strike a consensus on how to tackle these, said Mr Widyatmadja, the NAM would find itself redundant.
AGENCE FRANCE-PRESSE in Jakarta
Fifty years ago, 29 African and Asian heads of state met in Indonesia to proudly declare a solidarity they saw as a counterbalance to the divided world of the cold war, free from the imperialism and dominance of the west.
But as leaders from both continents prepare to meet half a century on from the first Asia-Africa conference, which gave birth to the Non-Aligned Movement (NAM), they face a struggle to revive lofty ideals that many participants have cast aside as they strive for a footing in a vastly different world.
Some 46 heads of state are due to gather this weekend in Jakarta and Bandung, the Java Island city where Indonesia's founding president Sukarno convened the first Asia-Africa summit.
Ahead of the meeting, joint hosts Indonesia and South Africa have pushed the message that the summit will see a revival of the "Bandung spirit" as the two continents rebuild old bridges with new trade and friendship pacts.
It will be a tall order to recapture the non-aligned zeitgeist of 1955, when it seemed feasible to create an ideological blend of Asian and African nationalism.
Some observers are scornful of a gathering they see as little more than an exercise in well-meaning handshakes and empty promises.
But others see strong forces at play beneath the hot air, with the summit likely to be a showcase if not for intercontinental harmony, then for emerging economic powerhouses wanting to make new strategic pals.
"This will be a good opportunity for China and India to flex their muscle, although they don't really need forums like this to do it," said Peter Draper, a research fellow on African-Asian relations at the South African Institute for International Affairs.
The two countries' status also represents how economically dynamic Asia has begun to overshadow Africa, its one-time ally in poverty and post-colonial disarray.
Nevertheless, oil-rich countries such as Nigeria still have influence to peddle. Meanwhile, UN Secretary-General Kofi Annan's intention to brief the summit on plans to reform the UN and open up a permanent seat on the Security Council will signal a new avenue of influence for participants.
"The Asia-Africa solidarity is also critical in the reform of the UN Security Council," said He Wenping , a political analyst at the Chinese Academy of Social Sciences.
However, Hong Kong-based social analyst Josef Purnama Widyatmadja said many of the problems NAM once promised to eradicate still persist. "Dictatorships still flourish in Asia and Africa, and human rights violations are a daily practice" he said.
Unless the summit could strike a consensus on how to tackle these, said Mr Widyatmadja, the NAM would find itself redundant.
Foreign workers must have equal rights, court rules
Wednesday, April 20, 2005
BARADAN KUPPUSAMY in Kuala Lumpur
A court has ruled that foreign workers have the same legal rights and are entitled to the same benefits as local workers, even though most of them are not members of a trade union.
Labour and human rights activists welcomed the unanimous decision by a three-member bench of the Court of Appeal as a boon for the 2.6 million foreign workers in the country.
About half of them are in the country unlawfully and they face the prospect of jail and a whipping if arrested under a continuing campaign against illegal foreign workers.
"This is a rare victory in an otherwise desolate landscape of unremitting exploitation of cheap foreign labour," said a labour attach?of a foreign mission.
The case was filed in 1999 by 127 Bangladeshi workers at a plastic company who pursued it with the help of local lawyers and trade unions.
"We argued for equal rights under domestic and international laws," said Sahul Hamid, 48.
"Malaysia has good laws that protect local workers, and now these laws also apply to us."
The decision ends a long-standing dispute between trade unions and employers on the status of foreign workers.
A booming economy saw a massive influx of foreign workers. They largely built the country's modern landmarks - such as the gleaming Petronas Twin Towers - and are predominant in the plantation, construction and service sectors, where conditions are primitive.
BARADAN KUPPUSAMY in Kuala Lumpur
A court has ruled that foreign workers have the same legal rights and are entitled to the same benefits as local workers, even though most of them are not members of a trade union.
Labour and human rights activists welcomed the unanimous decision by a three-member bench of the Court of Appeal as a boon for the 2.6 million foreign workers in the country.
About half of them are in the country unlawfully and they face the prospect of jail and a whipping if arrested under a continuing campaign against illegal foreign workers.
"This is a rare victory in an otherwise desolate landscape of unremitting exploitation of cheap foreign labour," said a labour attach?of a foreign mission.
The case was filed in 1999 by 127 Bangladeshi workers at a plastic company who pursued it with the help of local lawyers and trade unions.
"We argued for equal rights under domestic and international laws," said Sahul Hamid, 48.
"Malaysia has good laws that protect local workers, and now these laws also apply to us."
The decision ends a long-standing dispute between trade unions and employers on the status of foreign workers.
A booming economy saw a massive influx of foreign workers. They largely built the country's modern landmarks - such as the gleaming Petronas Twin Towers - and are predominant in the plantation, construction and service sectors, where conditions are primitive.
