Law of the Jungle

By Daniel Chandranayagam

Many employers everywhere scrutinise their employees’ every move, and take them to task when a second or two of company time is under-utilised. Although this may not be practised by all employers, it’s fast becoming a trend.

Now, it has been reported that employees of two logging companies have sexually abused Penan womenfolk in Sarawak. The Bruno Manser Fonds (BMF) reported, “Penan women from the Middle Baram area of Sarawak are launching a cry of alarm to the international community over cases of sexual abuse by logging company workers in the East Malaysian state's rainforests.”

According to initial news reports, officials from both companies are unaware of these matters. So while some employers know their workers every move, others claim they do not know when their employees might have committed criminal acts.

I suppose it might be unfair for a ‘regular’ kind of employer to keep tabs on their workers, especially after working hours. And of course, no one is saying anyone is guilty of anything. But to mitigate against damage to their business reputations, surely corporations, especially those with workers in remote areas, should have a system to monitor the happenings at their satellite arms?

Interhill Logging and Samling were named in reports in relation to the allegations. Samling’s Cheryl Yong stated, “Such events are criminal and will not be tolerated because we do not condone any illegal act by employees... Any victim of criminal acts should lodge their complaints directly to the police.”

Interhill’s representative, identified as “Mr. Kiu”, admitted that so far they had no information on the matter, and that this could be because of the bad infrastructure in the interiors, which has caused infrequent communication between the camp and the headquarters.

Plausible.

But let’s face it. Some businesses are larger richer and more powerful than many nations. But unlike countries, businesses only ever send out their workers to gain revenue for them. So why shouldn’t they be held accountable?
It appears that media coverage has caused investigations into the allegations made, not only by Suhakam and the Sarawak police, but also by the Women, Family and Community Development Ministry. Its minister, Datuk Ng Yen Yen, said, “Companies cannot say that the behaviour of their workers is beyond them.”

Indeed. But if any culpability is found during these investigations, I wonder if any would be apportioned to the companies, and not just to the employees. Bar Council chairperson, Ambiga Sreenevasan, stated that companies could be called to act against employees found guilty of crimes, but Malaysia has no laws that provide for the companies themselves to be punished for employees’ crimes outside business hours and premises.

Unfair but true. While these workers were most likely placed there by the companies, the companies are not answerable to any law, and later could just replace offending workers (if any) with new ones, who may or may not perpetuate the alleged offences.

As many Malaysians push for greater accountability of their leaders, we shouldn’t forget corporate accountability either. And by this, I’m not just talking about responsibility to the shareholders, but also to their employees, their creditors and all stakeholders, which includes the environment.

The most recent on the Penans is a blockade staged against Interhill in Middle Baram, ostensibly to prevent the destruction of their last remaining rainforests.

Perhaps this is the only reason for the blockade.

Or just possibly (for I am known to be whimsical), it might be also to protect their women from any further indignities.

Daniel Chandranayagam
http://pottedplot.com/