"Once upon a time, before development projects started in Braemar Estate in Kajang, those who stayed back to work for the contractor were promised houses. The promises were not kept. Eviction notices were served on the workers, electricity and water supply was cut. A six-year-old boy died in the process of digging for water." (Malaysian Human Rights Report)

Such is the sad story of workers in one of the six estates currently being sued by their employers for vacant possession of land, facing eviction notices or still waiting for alternative housing and compensation which has been promised since 1996.

Their problems started when the estates were taken over by construction companies for development projects.

In the course of the take-over or sale of land, estate or plantation, jobs are being terminated because the workers' skills do not match the current jobs. Others are forced to move into unfamiliar and new territories, unhappy with the compensation given to them, while the luckless ones do not get any compensation at all.

These are families who refused to budge because they are holding on to the promise that they will be given alternative housing and compensation, which is a moral duty of employers who have been provided with years of service from the workers.

For some employers, failure to provide better amenities for their workers is due to financial reasons, having become victim to the recent economic downturn. For others, it is blatant disregard for workers' rights and welfare, which is evident in the case of the six estates.

No houses

Suaram coordinator S Arutchelvam confirmed that the cases, affecting 725 families, have been pending for the past four years and nothing much has changed.

"In many of the estates, there is constant harassment in terms of disruption of basic amenities like water supply in an attempt to drive out the families," Arutchelvam told malaysiakini.

"Many promises were also not kept, especially promises regarding alternative housing facilities," he added.

The residents of Kajang Braemar Estate, Selangor Midlands Estate and Selangor Brooklands Estate are still pending in court. While workers from Padang Meiha Estate (Kedah), Simpang Estate in Simpang Empat (Seberang Perai) and Sungai Rinching Estate in Semenyih (Selangor) are still waiting for better homes and financial assistance.

The house ownership scheme for estate and mine workers was introduced in 1973 by the late prime minister Tun Abdul Razak. The Selangor State Executive Council announced a policy in August 1991 requiring estate owners to provide alternative houses or land in the event the estate is being sold or developed.

Upon termination, workers are also entitled to payment of termination benefits under the Employment (Termination and Lay-off Benefits) Regulations 1980.

"Instead when development projects such as golf courses, resorts, factories, townships and luxury houses took place, eviction notices were served on the workers," said Arutchelvam.

"When they failed to move out, developers and estate owners filed suits against the workers for vacant possession of land," he added, citing several examples from the latest Malaysian Human Rights Report compiled by Suaram.

Water supply cut

One of the cases highlighted is that of Brooksland Estate in Selangor in 1993 where workers were promised a house ownership scheme by the management Akur Jaya Sdn Bhd (of the Lion Group), only to be served an eviction notice two years later.

A new township, featuring luxury houses, was to replace the estate.

In 1996, electricity and water supply was cut, reconnected and cut again during a protracted tussle between the workers and estate owner. Later, the children were unable to attend school because the access roads to the schools were blocked.

According to the report, the management had also caused three activists working with the workers to be arrested while they were having a meeting in a temple.

Ten former mill workers were later summoned to court in a case for vacant possession of land, the report stated.

National policy

The future of plantation workers had seemed hopeful before the last general elections.

Arutchelvam said that then, the Human Resources Ministry had wanted to draft a national policy on the matter; however, it has yet to do so until today.

The ministry, grappling with the burden of the minimum wage issue and deadlock on agreements between plantation owners and workers, seemed to regard this matter as secondary.

Perhaps the federal government should emulate the Kelantan state government which had acquired land from the developers to attend to the housing needs of workers, said Arutchelvam.

There is no saying how much longer those affected can wait for justice and goodwill to prevail.

Indeed, life sucks for these plantation workers