By Melati Mohd Ariff
(This feature article is the first of a five part series on the development, achievement and the life of Orang Asli).
KUALA LUMPUR, Sept 28, 2009 (Bernama) -- According to the statistics provided by the Department of Orang Asli Affairs (JHEOA), at present there are 141,230 Orang Asli in Peninsula Malaysia.
Pahang has the most number of Orang Asli totaling 50,792, followed by Perak with 40,856 and Selangor with 15,210.
The Orang Asli community is divided into three major groups - Senoi, Negrito and Proto Malays.
Under Senoi, there are six sub groups namely the Temiar, Semai, Jahut, Che Wong (Pahang), Semoq Beri and Mahmeri. Many of these sub groups can be found in Central Perak, South Perak, Pahang and Selangor.
As for the Negrito, there are six sub groups - Kensiu, Kintaq, Jahai, Mendriq, Bateq and Lanoh. These sub groups can be found at the northern part of the Peninsula namely in Kedah, North Perak, Kelantan (Gua Musang) and Ulu Terengganu.
The Proto Group consists of six sub groups - Temuan, Jakun, Semelai, Orang Kuala, Orang Seletar and Orang Kanaq. Many of them can be found in Johor, Melaka, Negeri Sembilan, South Pahang and part of Selangor.
However, JHEOA's Director General Mohd Sani Mistam pointed out that the Orang Asli demography is increasingly changing with time.
"The Orang Asli today have spread out due to their success in the employment, skills and entrepreneurship," he told Bernama during an interview at his office at Wisma Selangor Dredging here recently.
Available data shows that 36.9 percent of the Orang Asli live in the interiors, 62.4 percent in semi urban areas and 0.7 percent in towns.
THE DEPARTMENT'S ROLE
JHEOA's role to empower the socio-economic development of the Orang Asli became more significant under the Seventh Malaysia Plan (1996-2000), Eight Malaysia Plan (2001-2005) and the Ninth Malaysia Plan (2006-2010).
JHEOA has come a long way since its inception in 1954. It was initially known as the Orang Asli Department (JOA) and it adopted the current name on 16 Sept, 1963.
The department was under the Ministry of Home Affairs since its inception but since 2001 JHEOA has been under what is now known as the Rural and Regional Development Ministry.
The initial goal of the department is to ensure that the Orang Asli remain free from the communist propaganda as the jungles which they live in is also the communist hideouts.
"The government has never ignored the welfare of the Orang Asli community. Changing their ways can only be done at the right time and the right place. When the communist threat was real, we had difficulties in providing physical development for the Orang Asli villages," noted Mohd Sani.
When the communist threat ended, JHEOA, he said, was entrusted with the role of integrating the Orang Asli with the rest of the Malaysian society.
The effort is seen pertinent in preventing the Orang Asli from being stereotyped as those who are left out, indolent, filthy and dowdy.
Mohd Sani pointed out that though many Orang Asli suffer from low esteem, the younger generation have been able to overcome this.
"There is also greater integration through mixed marriages with other communities and they are no longer shy in communicating with others.
"This is the testament that our efforts for a more systematic development has been accepted by the community. This is the positive change that we have been hoping for," he elaborated.
CHANGE IN MINDSET
The Orang Asli who were once known as the jungle nomads, are slowly making a transition from their traditional way of life to a more contemporary one.
Their dependence on the forest resources is also increasingly waning. Many have opted for employment or work in their own farms.
Mohd Sani noted that on the whole the development that the Orang Asli are undergoing today is in line with the phases of development planned by the government.
One of the biggest success recorded by the department is in reducing hardcore poverty among the Orang Asli.
"At the beginning of the Ninth Malaysia Plan, we had 13,945 poor households (earning RM720 and less). From this figure 9,003 of the households are hardcore poor (earning RM420 and less).
"As at April 30, 2009, the number of poor households went down to 4,939 while the hardcore poor went down to 1,810," he said adding that the figure is a great achievement when compared with the 19,433 poor Orang Asli households recorded under the Seventh Malaysia Plan.
JHEOA has taken several steps to eradicate hardcore poverty among the Orang Asli including providing them with housing where 14,082 units constructed so far.
Apart from this, JHEOA also provides basic amenities like village roads, water and power supply. So far 513 Orang Asli villages from the total of 876 villages have decent access roads.
Aid is also given to develop new land for rubber and palm oil cultivation, apart from entrepreneurial guidance and assistance for cash crops like water melon, banana and sweet potato.
HEALTH AND EDUCATION
As explained by Mohd Sani, every Orang Asli development programme emphasises on quality of life including health and education.
Regarding health, through the cooperation between JHEOA and the Ministry of Health, many health programmes are being implemented at the Orang Asli settlements, regardless in the suburbs or deep in the interior.
Speaking on health, he said, apart from a JHEOA run hospital in Gombak, there are five transit centres, 753 treatment centres and two rural clinics set up specifically to cater for the Orang Asli's needs nationwide.
Apart from this, he said, JHEOA is also providing the "flying doctor service " in several rural locations like the Pos Gob in Gua Musang.
"Diseases like malaria, leprosy and tuberculosis were once synonymous with the Orang Asli but now diseases related to modern living like diabetes, hypertension, kidney problems and HIV is on the increase," noted Mohd Sani.
In the education aspect JHEOA works with the Education Ministry to boost the academic performance of the Orang Asli students at the primary and secondary level.
Considering the high dropout rates among the Orang Asli children especially in the secondary schools that accounts up to 35 per cent of the Orang Asli student population, JHEOA plans to establish more K-9 (comprehensive schools) at the Orang Asli villages.
The K-9 schools offer education from standard one to form three.
Explaining on the dropout rates, Mohd Sani noted that it happens due to several factors, among others the students no longer interested in studies, leave studies to get married, start working or follow their parents to look for jungle resources.
"Some even drop out because they do not want to leave their village. Most of the schools at the Orang Asli villages are primary schools and to continue at a secondary school they need to travel or live in hostel.
"This is why they choose to dropout. Due to this more K-9 schools will be opened. Among the locations identified are Gua Musang and Cameron Highlands," noted Mohd Sani adding that currently there is one K-9 school in Paloh Inai, Pekan, Pahang.
SKILL TRAINING
As for the Orang Asli youths who do not excel in education, they have the opportunity to undergo vocational courses at the Damansara Damai Training Centre.
Up to 2008, about 1,600 Orang Asli youths underwent training to repair cars and motorbikes. About 80 per cent of the trainees managed to gain employment or open their own workshop.
Meanwhile, the fairer sex of the Orang Asli can opt for the sewing or hairstyling course and up to 2008 a total of 331 Orang Asli girls underwent training in this two courses.
Looking at the academic performance, the Orang Asli can be proud of their children's achievement as 600 Orang Asli students have made their way to higher education institutions.
Many of the Orang Asli Undergraduates are under JHEOA's scholarship.
LIMITATIONS AND SOCIAL WOES
Though JHEOA has recorded many achievements, there are still many more issues relating to Orang Asli that need to be addressed.
Among others the land development programmes that involve ungazzeted Orang Asli settlements that require the respective state government's approval.
Also the remotely located Orang Asli settlements hinder development programmes.
Like the other societies in this country, the Orang Asli are increasingly exposed to mainstream development and modern lifestyle and thus they are not exempted from social woes like drug addiction and free sex.
The Orang Asli living in the suburbs and towns are more affected by the social woes.
"Though this situation is worrying but it is still under control. The department through JHEOA at the state and district level will monitor and advise the community through the JHEOA's Mind Friendly Programme," added Mohd Sani.
He also touched on the liquor consumption among the Orang Asli, especially the older generation, which is hard to eradicate.
"Liquor is part and parcel of the Orang Asli's way of life.
"However, we still hold the awareness campaign on the dangers of consuming liquor and taking drugs with the cooperation of the National Anti Dadah Agency (AADK)," said Mohd Sani.
NO ONE IS LEFT OUT
The welfare of the Orang Asli remains the core of the Orang Asli Development programmes and a significant amount has been allocated for JHEOA for this purpose under the First Economic Stimulus Package.
Under the package, a total of RM65 million has been allocated for the household assistance programme that is expected to benefit 2,151 households.
Another RM24.9 million has been allocated for roads in 107 kampongs (RM14.5 million) and agricultural routes (RM10.4 million).
Apart from this, a total of RM200 million has been allocated to ensure all Orang Asli villages have clean water supply.
This year, the government continued with the RM20 million special allocation for the Orang Asli community that will be channeled through the Orang Asli Quality of Life Enhancement Programme.
In fact the Rural and Regional Development Minister Datuk Seri Mohd Shafie Apdal had ordered the formation of the Focus Group on last July to see to the woes faced by the Orang Asli. It covers five areas - education, amenities, health, economy and traditional knowledge.
Like what has been explained by Mohd Sani, under the 1Malaysia concept, there will not be any groups sidelined or left out. And for the Orang Asli community, the government has done a lot to enhance their socio-economic standing.
"If there is anyone left out, it is probably due to their reluctance to change their traditional way of life. Only five per cent of the Orang Asli community still carry on with their traditional way of life especially those living in Ulu Perak and Taman Negara, in Pahang," added Mohd Sani.
-- BERNAMA
Tuesday, September 29, 2009
Thursday, September 03, 2009
MALAYSIAN HUMAN RIGHTS DAY 2009
by SUHAKAM
THEME: “HUMAN RIGHTS IN MALAYSIA: THE LAST 10 YEARS”
DATE: 9 SEPTEMBER 2009
VENUE: RENAISSANCE HOTEL, JALAN AMPANG, KUALA LUMPUR
PROGRAMME
0830 - 0930 Registration
0930 - 1030 Welcoming by Datuk Dr. Chiam Heng Keng,Chairperson, Organizing Committee
Keynote Address by Tan Sri Abu Talib Bin Othman, Chairman, SUHAKAM
1030- 1050 Break / Refreshments
1050 - 1315 Panel Session
Panellist 1: Mr. Andrew Khoo, Co-Chairperson Human Rights Committee, Bar Council
Panellist 2: Mr. Ramdas Tikamdas, Former President of HAKAM
Panellist 3: Dr. Hajah Mehrun Siraj, Adjunct Professor, IIUM
Panellist 4: Mr. Steven Gan, Chief Editor, Malaysiakini.com
1315 – 1330 Closing Remarks, by Tan Sri Datuk Panglima Simon Sipaun
1330 End of Conference
THEME: “HUMAN RIGHTS IN MALAYSIA: THE LAST 10 YEARS”
DATE: 9 SEPTEMBER 2009
VENUE: RENAISSANCE HOTEL, JALAN AMPANG, KUALA LUMPUR
PROGRAMME
0830 - 0930 Registration
0930 - 1030 Welcoming by Datuk Dr. Chiam Heng Keng,Chairperson, Organizing Committee
Keynote Address by Tan Sri Abu Talib Bin Othman, Chairman, SUHAKAM
1030- 1050 Break / Refreshments
1050 - 1315 Panel Session
Panellist 1: Mr. Andrew Khoo, Co-Chairperson Human Rights Committee, Bar Council
Panellist 2: Mr. Ramdas Tikamdas, Former President of HAKAM
Panellist 3: Dr. Hajah Mehrun Siraj, Adjunct Professor, IIUM
Panellist 4: Mr. Steven Gan, Chief Editor, Malaysiakini.com
1315 – 1330 Closing Remarks, by Tan Sri Datuk Panglima Simon Sipaun
1330 End of Conference
Saturday, August 29, 2009
The issue of Kartika Sari Dewi Shukarnor’s case
SUHAKAM PRESS STATEMENT
The issue of Kartika Sari Dewi Shukarnor’s case was brought up at the Human Rights Commission of Malaysia (SUHAKAM) meeting yesterday. The Commission view whipping as cruel, inhuman and degrading contrary to human rights principle.
In this regard it is unfortunate that the Government had not ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment though SUHAKAM had repeatedly urged the Government to ratify. SUHAKAM urges the relevant authority to review this matter.
“HUMAN RIGHTS FOR ALL”
By the authority of SUHAKAM
HASHIMAH NIK JAAFAR
Secretary
Human Rights Commission of Malaysia (SUHAKAM)
29 August 2009
The issue of Kartika Sari Dewi Shukarnor’s case was brought up at the Human Rights Commission of Malaysia (SUHAKAM) meeting yesterday. The Commission view whipping as cruel, inhuman and degrading contrary to human rights principle.
In this regard it is unfortunate that the Government had not ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment though SUHAKAM had repeatedly urged the Government to ratify. SUHAKAM urges the relevant authority to review this matter.
“HUMAN RIGHTS FOR ALL”
By the authority of SUHAKAM
HASHIMAH NIK JAAFAR
Secretary
Human Rights Commission of Malaysia (SUHAKAM)
29 August 2009
Friday, August 28, 2009
Blind but he saw
by Datuk Dr Denison Jayasooria
The passing a way of an outstanding Malaysian who excelled as an academic, strategic thinker, educationist and activist is a tremendous loss not only to his family but to our nation.
YB Senator Datuk Professor Dr Ismail Md Salleh is another person our nation must honor. Fighting visual impairment he triumphed to intellectual heights at Universiti Kebangsaan Malaysia as an economics professor and subsequently as a strategic thinking at the ISIS. His pain taking service through the Malaysian Association for the Blind as the Council President and Chair of the Tun Hussein Onn Eye hospital earned his the honor of becoming the first disabled person to be appointed as a Senator.
My admiration for him grew especially during the period when Dr Ismail served in the National Economic Consultative Council (MAPEN II) between 1999 and 2000 as the person responsible in drafting the full report. The Council report was to be a document that was to be independent of government. I too was a member of the steering committee.
He devoted a lot of his time in reading the submissions made by community groups, professional bodies and business interest. He also had to hear many differing views and sometime views in conflict with one another. However with great tack and skill as a master scholar he drafted a document which reflected the aspirations, concerns and dreams of all the various communities.
This to me is a God given gift : As a scholar, academic and strategic thinker to craft a document which captures the essence of every Malaysian. Malaysia needs more such citizens who not only feel passionately for their community but also will stand alongside other communities because it is the right thing to do. Unfortunately this report which is an excellent piece of community socio- economic bargaining and which conceptualized the National Vision Policy (2001-2010) is not widely distributed nor read.
I stood alongside many others yesterday evening at his home in Kajang waiting for his remains to return from overseas to pay our last respects. In such occasions we can only give thanks to God for a life well lived and for a man who was loved and respected not only by his family and friends but by so many people across the broad spectrum of our nation.
The passing a way of an outstanding Malaysian who excelled as an academic, strategic thinker, educationist and activist is a tremendous loss not only to his family but to our nation.
YB Senator Datuk Professor Dr Ismail Md Salleh is another person our nation must honor. Fighting visual impairment he triumphed to intellectual heights at Universiti Kebangsaan Malaysia as an economics professor and subsequently as a strategic thinking at the ISIS. His pain taking service through the Malaysian Association for the Blind as the Council President and Chair of the Tun Hussein Onn Eye hospital earned his the honor of becoming the first disabled person to be appointed as a Senator.
My admiration for him grew especially during the period when Dr Ismail served in the National Economic Consultative Council (MAPEN II) between 1999 and 2000 as the person responsible in drafting the full report. The Council report was to be a document that was to be independent of government. I too was a member of the steering committee.
He devoted a lot of his time in reading the submissions made by community groups, professional bodies and business interest. He also had to hear many differing views and sometime views in conflict with one another. However with great tack and skill as a master scholar he drafted a document which reflected the aspirations, concerns and dreams of all the various communities.
This to me is a God given gift : As a scholar, academic and strategic thinker to craft a document which captures the essence of every Malaysian. Malaysia needs more such citizens who not only feel passionately for their community but also will stand alongside other communities because it is the right thing to do. Unfortunately this report which is an excellent piece of community socio- economic bargaining and which conceptualized the National Vision Policy (2001-2010) is not widely distributed nor read.
I stood alongside many others yesterday evening at his home in Kajang waiting for his remains to return from overseas to pay our last respects. In such occasions we can only give thanks to God for a life well lived and for a man who was loved and respected not only by his family and friends but by so many people across the broad spectrum of our nation.
Monday, August 17, 2009
'Lawyers shouldn't be arrested while on duty'
Bar Council chairperson Ragunath Kesavan told a Human Rights Commission of Malaysia Suhakam) public inquiry today that lawyers were not above the law as there had been cases of lawyers being arrested by the police.
He said as such, the arrest of five lawyers from the Kuala Lumpur Legal Aid Centre by police on May 7, 2009, was not the first case as prior to that veteran lawyer Karpal Singh had been arrested and charged for allegedly uttering seditious words, and several other lawyers had also been charged in court.
However, Ragunath said what the Bar was concerned was how and why they (the KL Legal Aid Centre lawyers) were arrested by the police as they had gone to the police station to meet their clients who had called to say they were in police custody.
"The police arrested them when they were on duty. They were not taking part in the assembly in front of the Brickfields police station. They were there to see their clients," he said.
Ragunath said if the five lawyers who were arrested were part of the assembly, the Bar would not have called for an Extraordinary General Meeting (EGM) after their arrest.
He was speaking at the inquiry which started on Friday and is chaired by Suhakam commissioner Muhammad Shafee Abdullah and assisted by commissioners Micheal Yeoh Onn Kheng and Denison Jayasooria.
Among those arrested were Fadiah Nadwa Fikri, Murnie Hidayah Anuar, RavinderSingh Dhalliwal and Syuhaini Safwan. They were arrested at 9.30pm on May 7, and were released the next day.
Ordered to leave balai
Ragunath, who is former Legal Aid chairperson, also told the inquiry that the five lawyers were senior members of the Legal Aid Centre and they knew what an illegal assembly was as every member of the Legal Aid team were taught protocol on how to act and behave in incidents such as an illegal assembly.
He also said after he knew about the five lawyers (left) being arrested, he went to the Jalan Travers police station where they were detained on May 8, but was not allowed to see them.
"I insisted that I be allowed to see them but the police without any reasons denied permission. A police officer also said to me "Get out from my balai or I will arrest you," he claimed.
Ragunath said he informed the officer in charge that he was the Bar Council chairperson, but they still refused to give him access to the lawyers.
"I followed the police order and left the police station," he said, adding that the Bar planned to engage counsel for them if they were charged in court.
Earlier, Fadiah Nadwa, 26, had told the inquiry that she and her colleagues had repeatedly asked the police for proof that their clients (detained participants of the illegal assembly) had waived their right to a lawyer but DSP Jude Pereira just ignored them.
The inquiry, which is being held at Suhakam's inquiry room on the 29th floor of Menara Tun Razak in KL, will resume on Aug 29.
(Bernama cited as source but taken from malaysiakini, Aug 16, 09 6:19pm)
He said as such, the arrest of five lawyers from the Kuala Lumpur Legal Aid Centre by police on May 7, 2009, was not the first case as prior to that veteran lawyer Karpal Singh had been arrested and charged for allegedly uttering seditious words, and several other lawyers had also been charged in court.
However, Ragunath said what the Bar was concerned was how and why they (the KL Legal Aid Centre lawyers) were arrested by the police as they had gone to the police station to meet their clients who had called to say they were in police custody.
"The police arrested them when they were on duty. They were not taking part in the assembly in front of the Brickfields police station. They were there to see their clients," he said.
Ragunath said if the five lawyers who were arrested were part of the assembly, the Bar would not have called for an Extraordinary General Meeting (EGM) after their arrest.
He was speaking at the inquiry which started on Friday and is chaired by Suhakam commissioner Muhammad Shafee Abdullah and assisted by commissioners Micheal Yeoh Onn Kheng and Denison Jayasooria.
Among those arrested were Fadiah Nadwa Fikri, Murnie Hidayah Anuar, RavinderSingh Dhalliwal and Syuhaini Safwan. They were arrested at 9.30pm on May 7, and were released the next day.
Ordered to leave balai
Ragunath, who is former Legal Aid chairperson, also told the inquiry that the five lawyers were senior members of the Legal Aid Centre and they knew what an illegal assembly was as every member of the Legal Aid team were taught protocol on how to act and behave in incidents such as an illegal assembly.
He also said after he knew about the five lawyers (left) being arrested, he went to the Jalan Travers police station where they were detained on May 8, but was not allowed to see them.
"I insisted that I be allowed to see them but the police without any reasons denied permission. A police officer also said to me "Get out from my balai or I will arrest you," he claimed.
Ragunath said he informed the officer in charge that he was the Bar Council chairperson, but they still refused to give him access to the lawyers.
"I followed the police order and left the police station," he said, adding that the Bar planned to engage counsel for them if they were charged in court.
Earlier, Fadiah Nadwa, 26, had told the inquiry that she and her colleagues had repeatedly asked the police for proof that their clients (detained participants of the illegal assembly) had waived their right to a lawyer but DSP Jude Pereira just ignored them.
The inquiry, which is being held at Suhakam's inquiry room on the 29th floor of Menara Tun Razak in KL, will resume on Aug 29.
(Bernama cited as source but taken from malaysiakini, Aug 16, 09 6:19pm)
'Police knew we were lawyers'
By Rahmah Ghazali, Malaysiakini(Aug 15, 09 8:52pm)
Police were well aware that some of those they were arresting were lawyers who were at the Brickfields police station to provide legal assistance to detainees, a Suhakam inquiry was told today.
Puspawati Rosman, 28, one of the five lawyers who were detained by the police, testified that she was not part of the May 7 candlelight vigil which resulted in her arrest, and that she and four of her colleagues had clearly identified themselves as lawyers.
According to her, she had announced herself as a lawyer “a number of times” and the police had acknowledged it.
“In fact, I had even introduced myself to DSP Jude Pereira the night before and he knew I was a lawyer,” she said, referring to the arrests that took place a day earlier outside the same police station.
Puspawati claimed that Pereira ignored the lawyers' request to see their clients on the grounds that those arrested had “waived their rights to receive legal assistance” by signing a form under Section 28A (8) of Criminal Procedure Code (CPC).
“But when we asked on what grounds the police had acted that way, he (Pereira) refused to answer and told me to 'go read your law (book)',” she said.
Later that night, Puspawati and the other lawyers tried to seek confirmation on whether their clients had indeed waived their rights.
“We asked them (the police) about the forms which they claimed our clients had signed to prove that they didn't want to see us, but we were not entertained. If they showed us the forms, we would have left the scene,” she said.
According to Puspawati, all the detainees had informed her by mobile phone that they did not sign any forms and that they insisted on legal assistance.
The three-day Suhakam inquiry which started yesterday is chaired by Muhammad Shafee Abdullah and two other commissioners, Michael Yeoh and Denison Jayasooria.
The five lawyers are Puspawati, Fadiah Nadwa Fikri, Murnie Hidayah Anuar, Ravinder Singh Dhalliwal and Syuhaini Safwan. They are represented at the inquiry by lawyer M Puravalen.
The five were arrested while attempting to provide legal aid to a group of individuals nabbed during a candlelight vigil in support of Bersih activist Wong Chin Huat, who was detained under the Sedition Act.
Not allowed to wear undergarments
Puspawati also said that she did not expect Brickfields police chief Wan Abdul Bari Wan Abdul Khalid - who was wearing a 'Head Hunter' T-shirt that night - would instruct his officers to arrest the lawyers.
“When he gave the warning to disperse, I had no idea that he was actually talking to us because he did not make any eye contact with us. I thought he was talking to the public,” she said.
Upon their arrests, they were all asked to sign a form admitting that they were involved in an illegal gathering, which they refused.
Subsequently, the female lawyers were sent to nearby Travers police station to spend the night.
“Before that, we were ordered to change our clothes to a lock-up uniform, where we were not even allowed to wear our undergarments,” lamented Puspawati, who further claimed that all the lawyers were also handcuffed before their statements were taken by the police.
Puspawati said the next day the five lawyers were brought back to Brickfield police station where they were released on police bail.
However, temperature at the inquiry rose a notch when police representative R Munusamy argued that the police need not give any reason to the lawyers if their clients were arrested under Section 28A (8) of CPC, which Puspawati agreed.
“But the lawyers and the clients still have the right to know what grounds the police needed to use such a provision,” she argued.
The purpose of the inquiry
The inquiry's term of reference is to determine whether the arrest and detention of five at the Brickfields police station contravened provisions of the federal constitution and other substantive and procedural criminal laws which guaranteed certain rights to an arrested person.
The panel will also look into whether there was justification or necessity to arrest the lawyers under Section 27 of the Police Act.
It will also determined if there was violations of human rights, and if so:
Which person or agency was responsible,
How did the violations occur,
What administrative directives and procedures or arrangements contributed to them; and
What measures should be recommended and taken to ensure that such violations do not recur.
The public inquiry, which is being held at the Suhakam inquiry room at Level 29, Menara Tun Razak in Kuala Lumpur, will resume tomorrow with four other lawyers to testify in the morning, to be followed by the police.
Police were well aware that some of those they were arresting were lawyers who were at the Brickfields police station to provide legal assistance to detainees, a Suhakam inquiry was told today.
Puspawati Rosman, 28, one of the five lawyers who were detained by the police, testified that she was not part of the May 7 candlelight vigil which resulted in her arrest, and that she and four of her colleagues had clearly identified themselves as lawyers.
According to her, she had announced herself as a lawyer “a number of times” and the police had acknowledged it.
“In fact, I had even introduced myself to DSP Jude Pereira the night before and he knew I was a lawyer,” she said, referring to the arrests that took place a day earlier outside the same police station.
Puspawati claimed that Pereira ignored the lawyers' request to see their clients on the grounds that those arrested had “waived their rights to receive legal assistance” by signing a form under Section 28A (8) of Criminal Procedure Code (CPC).
“But when we asked on what grounds the police had acted that way, he (Pereira) refused to answer and told me to 'go read your law (book)',” she said.
Later that night, Puspawati and the other lawyers tried to seek confirmation on whether their clients had indeed waived their rights.
“We asked them (the police) about the forms which they claimed our clients had signed to prove that they didn't want to see us, but we were not entertained. If they showed us the forms, we would have left the scene,” she said.
According to Puspawati, all the detainees had informed her by mobile phone that they did not sign any forms and that they insisted on legal assistance.
The three-day Suhakam inquiry which started yesterday is chaired by Muhammad Shafee Abdullah and two other commissioners, Michael Yeoh and Denison Jayasooria.
The five lawyers are Puspawati, Fadiah Nadwa Fikri, Murnie Hidayah Anuar, Ravinder Singh Dhalliwal and Syuhaini Safwan. They are represented at the inquiry by lawyer M Puravalen.
The five were arrested while attempting to provide legal aid to a group of individuals nabbed during a candlelight vigil in support of Bersih activist Wong Chin Huat, who was detained under the Sedition Act.
Not allowed to wear undergarments
Puspawati also said that she did not expect Brickfields police chief Wan Abdul Bari Wan Abdul Khalid - who was wearing a 'Head Hunter' T-shirt that night - would instruct his officers to arrest the lawyers.
“When he gave the warning to disperse, I had no idea that he was actually talking to us because he did not make any eye contact with us. I thought he was talking to the public,” she said.
Upon their arrests, they were all asked to sign a form admitting that they were involved in an illegal gathering, which they refused.
Subsequently, the female lawyers were sent to nearby Travers police station to spend the night.
“Before that, we were ordered to change our clothes to a lock-up uniform, where we were not even allowed to wear our undergarments,” lamented Puspawati, who further claimed that all the lawyers were also handcuffed before their statements were taken by the police.
Puspawati said the next day the five lawyers were brought back to Brickfield police station where they were released on police bail.
However, temperature at the inquiry rose a notch when police representative R Munusamy argued that the police need not give any reason to the lawyers if their clients were arrested under Section 28A (8) of CPC, which Puspawati agreed.
“But the lawyers and the clients still have the right to know what grounds the police needed to use such a provision,” she argued.
The purpose of the inquiry
The inquiry's term of reference is to determine whether the arrest and detention of five at the Brickfields police station contravened provisions of the federal constitution and other substantive and procedural criminal laws which guaranteed certain rights to an arrested person.
The panel will also look into whether there was justification or necessity to arrest the lawyers under Section 27 of the Police Act.
It will also determined if there was violations of human rights, and if so:
Which person or agency was responsible,
How did the violations occur,
What administrative directives and procedures or arrangements contributed to them; and
What measures should be recommended and taken to ensure that such violations do not recur.
The public inquiry, which is being held at the Suhakam inquiry room at Level 29, Menara Tun Razak in Kuala Lumpur, will resume tomorrow with four other lawyers to testify in the morning, to be followed by the police.
Suhakam inquiry into lawyers' arrest begins
By Malaysiakini (Aug 14, 09 10:02am )
The three-day public inquiry by Human Rights Commission of Malaysia (Suhakam) into the arrest and detention of five lawyers for illegal assembly on May 7, began today
The session is chaired by Muhammad Shafee Abdullah (below) and two other commissioners Michael Yeoh Onn Kheng and Denison Jayasooria.
The five lawyers are Puspawati Rosman, Fadiah Nadwa Fikri, Murnie Hidayah Anuar, Ravinder Singh Dhalliwal and Syuhaini Safwan.
They are being represented by lawyer M Puravalen.
The lawyers were attempting to provide legal aid to a group of individuals nabbed during a candlelight vigil in support of Bersih activist Wong Chin Huat, who was detained under the Sedition Act, when they were arrested.
Arrested for taking photo
The first witness called in by the inquiry was Ginie Lim, who is the chief press relations officer at the Selangor government.
Lim said that on that night, there were about 30 people who had gathered to hold a candlelight vigil to show support for Wong.
"A plainclothes police officer had then approached us and asked everyone to disperse. He counted to the count of three for the crowd to disperse," she said.
She said this was soon followed by the arrest.
"I told the officer that it was not necessary to take photos of the (arrested) demonstrators but I was handcuffed instead," she said.
Shocked to see lawyers arrested
Lim said about 14 people were detained by the police at 9.30pm, when they failed to adhere to a very short notice from the authorities to disperse.
"Immediately, I texted one of my lawyer friends to tell her what happened and asked her to help us," she said.
About 30 minutes later, Lim who was separated from the bigger group and placed in a store at the police headquarters, said she was informed by her friend that the lawyers were outside the police station but were denied access to her.
Her requests to see them were pointedly ignored and about 11pm, she shouted to get the police's attention.
"One of them (policemen) told me that it was of no use to shout as the lawyers were detained. I was so shocked because I did not expect that," she said.
Later, Lim said she was asked to sign a waiver form but she refused as she knew from past experiences that signing such forms would surrender her right to a counsel.
She met four female lawyers when she was instructed to get into a truck to be taken to the Travers police station and they spent the night in opposite cells at the station's lock-up.
Police were unprofessional
Wong, 39, meanwhile said she went to the Brickfields police headquarters after being informed that two of her staff were detained for attending the candlelight vigil.
She saw the lawyers arguing with a high-ranking police officer and tried to help them gain access to their clients, but failed.
However, she decided to leave the police headquarters after the police chief warned that those who failed to disperse would be arrested.
"...but I never thought that they would arrest the lawyers as they had a duty to perform. The police were not particularly, professional in their dealings with the lawyers," she said.
Other witnesses interviewed were journalist Teh Yee Keong, 24, and students Neow Ti Hooi, 23, and Gan Zhi Jie, 22.
Terms of reference
The inquiry's term of reference is to determine whether the arrest and detention of five at the Brickfields Police station contravened provisions of the Federal Constitution and other substantive and procedural criminal laws which guaranteed the right to an arrested person.
The panel will also look into whether there was justification or necessity to arrest the lawyers under Section 27 of the Police Act.
It will also determined if there was violations of human rights and if so:
Which person or agency was responsible,
How did the violations occur,
What administrative directives and procedures or arrangements contributed to them; and
What measures should be recommended and taken to ensure that such violations do not recur.
The inquiry held at the Suhakam Inquiry Room at Level 29, Menara Tun Razak in Kuala Lumpur continues.
The three-day public inquiry by Human Rights Commission of Malaysia (Suhakam) into the arrest and detention of five lawyers for illegal assembly on May 7, began today
The session is chaired by Muhammad Shafee Abdullah (below) and two other commissioners Michael Yeoh Onn Kheng and Denison Jayasooria.
The five lawyers are Puspawati Rosman, Fadiah Nadwa Fikri, Murnie Hidayah Anuar, Ravinder Singh Dhalliwal and Syuhaini Safwan.
They are being represented by lawyer M Puravalen.
The lawyers were attempting to provide legal aid to a group of individuals nabbed during a candlelight vigil in support of Bersih activist Wong Chin Huat, who was detained under the Sedition Act, when they were arrested.
Arrested for taking photo
The first witness called in by the inquiry was Ginie Lim, who is the chief press relations officer at the Selangor government.
Lim said that on that night, there were about 30 people who had gathered to hold a candlelight vigil to show support for Wong.
"A plainclothes police officer had then approached us and asked everyone to disperse. He counted to the count of three for the crowd to disperse," she said.
She said this was soon followed by the arrest.
"I told the officer that it was not necessary to take photos of the (arrested) demonstrators but I was handcuffed instead," she said.
Shocked to see lawyers arrested
Lim said about 14 people were detained by the police at 9.30pm, when they failed to adhere to a very short notice from the authorities to disperse.
"Immediately, I texted one of my lawyer friends to tell her what happened and asked her to help us," she said.
About 30 minutes later, Lim who was separated from the bigger group and placed in a store at the police headquarters, said she was informed by her friend that the lawyers were outside the police station but were denied access to her.
Her requests to see them were pointedly ignored and about 11pm, she shouted to get the police's attention.
"One of them (policemen) told me that it was of no use to shout as the lawyers were detained. I was so shocked because I did not expect that," she said.
Later, Lim said she was asked to sign a waiver form but she refused as she knew from past experiences that signing such forms would surrender her right to a counsel.
She met four female lawyers when she was instructed to get into a truck to be taken to the Travers police station and they spent the night in opposite cells at the station's lock-up.
Police were unprofessional
Wong, 39, meanwhile said she went to the Brickfields police headquarters after being informed that two of her staff were detained for attending the candlelight vigil.
She saw the lawyers arguing with a high-ranking police officer and tried to help them gain access to their clients, but failed.
However, she decided to leave the police headquarters after the police chief warned that those who failed to disperse would be arrested.
"...but I never thought that they would arrest the lawyers as they had a duty to perform. The police were not particularly, professional in their dealings with the lawyers," she said.
Other witnesses interviewed were journalist Teh Yee Keong, 24, and students Neow Ti Hooi, 23, and Gan Zhi Jie, 22.
Terms of reference
The inquiry's term of reference is to determine whether the arrest and detention of five at the Brickfields Police station contravened provisions of the Federal Constitution and other substantive and procedural criminal laws which guaranteed the right to an arrested person.
The panel will also look into whether there was justification or necessity to arrest the lawyers under Section 27 of the Police Act.
It will also determined if there was violations of human rights and if so:
Which person or agency was responsible,
How did the violations occur,
What administrative directives and procedures or arrangements contributed to them; and
What measures should be recommended and taken to ensure that such violations do not recur.
The inquiry held at the Suhakam Inquiry Room at Level 29, Menara Tun Razak in Kuala Lumpur continues.
Saturday, August 08, 2009
Zaid vs Khairy on Al Jazeera
YOUR WORD AGAINST THE REST ISA (malaysia Today Aug 6, 09 9:15pm)
Releasing ISA detainees after becoming prime minister does not mean a thing when the law can be used to detain more people after that, said former law minister Zaid Ibrahim.
"Yes, Prime Minister Najib Abdul Razak released 13. Dr Mahathir Mohammad released 12 after becoming Prime Minister in 1981.
"But he went on to arrest another 100 in 1987," said Zaid on Al Jazeera's 101 East current affairs programme which was aired at 8.30pm tonight.
"So long as you have a minister who can detain anyone without having the right to question him, it is not acceptable."
Zaid was responding to fellow panellist, Umno Youth chief Khairy Jamaluddin who said Najib signalled his intention to review the act when he released ISA detainees after being sworn in as Prime Minister.
The remaining panellist was Suhakam commissioner Dr Denison Jayasooria.
Zaid said that there were other preventive laws in the country and so long as the government is not prepared to repeal the ISA, there will be no real democracy in the country.
"The future of politics in the country is this; do we want to enjoy basic rights that people all over the world are enjoying without sacrificing the security of the country?
"We accept preventive laws but they must be specific, limited in time and subject to judicial review," he added.
Zaid said the concern of the people is whether they can trust the government to keep to its promise of a review of the ISA.
"Suhakam had called for a review since 2003. And all the government has been saying is we will review, we will review but nothing has been done.
Najib's bizarre statement
"Unlike Khairy, I have heard bizarre statements from ministers and even the PM who said, ‘Why don't we build a stadium for you guys and you can go and scream there.'
"His statement reflects one thing very clearly. He does not understand what freedom is. He does not understand what personal liberty is.
"Because if you cannot understand what the constitution provides, you can never address this issue," he said.
"Can't you just give the permit and say just march for two hours from point A to point B, just like other civilised countries do?
"We did not go there with tear gas, we did not go there with attack dogs, we went there with ordinary people with children.
"We were exercising our right to assemble under the constitution. The inconvenience was caused by the authorities. It was not by us. Why can't you allow that two hours of space?" asked Zaid.
Khairy said the anti-ISA demonstration on Aug 1, has hastened the debate on bringing changes to the law.
While he agreed with the government's stand to review the law, he said Malaysia needed preventive detention laws to take proactive measures to maintain peace.
He said with threats from terrorists and extremists, coupled with a uniquely multi-racial society, the government could ill-afford a tragedy.
"In this context, I believe the people will understand the importance of giving the government this power," he said.
However, Khairy added that the national security agenda ought to be balanced with the demands of democracy, in this case human rights, civil liberties and justice.
"Therefore, the ISA or any other preventive law should not be used to stop legitimate dissent or used as an easy way out of a political impasse.
"The term national security shouldn't be abused for anyone's political interest. The scope and definition of a national security threat must be tightened to avoid abuse."
In an effort to strengthen the system of democracy in the country, the BN, said Khairy, was not deaf to the views of youths who are not comfortable with the ISA.
"Here, I do not agree that we label this group as being blind to history or appearing to show that the Malays are opposing the ISA.
"In fact, we need to listen and understand their views in line with the reforms being carried out by the party and the Prime Minister."
Near absolute power of ISA unsettling
He said he concurred with the prime minister who had given clear indications that the ISA need not be retained as it is.
"Whether the ISA will be amended or replaced will have to be a political decision. It's possible that it is a political burden and needs to shift from its extremist legacy.
"Therefore, it is not surprising that people are uncomfortable with the near absolute powers given to the home minister to detain a suspect without trial indefinitely.
"Any individual arrested under preventive laws must be given the liberty to appeal to a court of law against his detention. As most cases involve evidences that are deemed sensitive, it may be better a special court is set up to hear these cases in camera."
"I also feel there is a need to give ISA detainees access to their lawyers and family members, which they are deprived of currently. These issues must be discussed for the benefit of all."
He said the anti-ISA demonstration on Aug 1 did not bring any direct benefit to anyone as the protesters only asked for the abolishment of the ISA without offering any realistic suggestions as Malaysia still needed a preventive law.
Denison said there is a general public opinion that there were excesses on the use of the ISA and there was a need to limit the powers in areas of threat to national security.
On Najib's proposal to use stadiums to stage protests, he said that even a simple thing like the candlelight vigils and dinners have been restricted and speeches were prohibited.
"The police have not followed some of the guidelines' and suggestion given by the Human Rights Commission to allow space for legitimate dissent as enshrined under the federal constitution," he said.
Releasing ISA detainees after becoming prime minister does not mean a thing when the law can be used to detain more people after that, said former law minister Zaid Ibrahim.
"Yes, Prime Minister Najib Abdul Razak released 13. Dr Mahathir Mohammad released 12 after becoming Prime Minister in 1981.
"But he went on to arrest another 100 in 1987," said Zaid on Al Jazeera's 101 East current affairs programme which was aired at 8.30pm tonight.
"So long as you have a minister who can detain anyone without having the right to question him, it is not acceptable."
Zaid was responding to fellow panellist, Umno Youth chief Khairy Jamaluddin who said Najib signalled his intention to review the act when he released ISA detainees after being sworn in as Prime Minister.
The remaining panellist was Suhakam commissioner Dr Denison Jayasooria.
Zaid said that there were other preventive laws in the country and so long as the government is not prepared to repeal the ISA, there will be no real democracy in the country.
"The future of politics in the country is this; do we want to enjoy basic rights that people all over the world are enjoying without sacrificing the security of the country?
"We accept preventive laws but they must be specific, limited in time and subject to judicial review," he added.
Zaid said the concern of the people is whether they can trust the government to keep to its promise of a review of the ISA.
"Suhakam had called for a review since 2003. And all the government has been saying is we will review, we will review but nothing has been done.
Najib's bizarre statement
"Unlike Khairy, I have heard bizarre statements from ministers and even the PM who said, ‘Why don't we build a stadium for you guys and you can go and scream there.'
"His statement reflects one thing very clearly. He does not understand what freedom is. He does not understand what personal liberty is.
"Because if you cannot understand what the constitution provides, you can never address this issue," he said.
"Can't you just give the permit and say just march for two hours from point A to point B, just like other civilised countries do?
"We did not go there with tear gas, we did not go there with attack dogs, we went there with ordinary people with children.
"We were exercising our right to assemble under the constitution. The inconvenience was caused by the authorities. It was not by us. Why can't you allow that two hours of space?" asked Zaid.
Khairy said the anti-ISA demonstration on Aug 1, has hastened the debate on bringing changes to the law.
While he agreed with the government's stand to review the law, he said Malaysia needed preventive detention laws to take proactive measures to maintain peace.
He said with threats from terrorists and extremists, coupled with a uniquely multi-racial society, the government could ill-afford a tragedy.
"In this context, I believe the people will understand the importance of giving the government this power," he said.
However, Khairy added that the national security agenda ought to be balanced with the demands of democracy, in this case human rights, civil liberties and justice.
"Therefore, the ISA or any other preventive law should not be used to stop legitimate dissent or used as an easy way out of a political impasse.
"The term national security shouldn't be abused for anyone's political interest. The scope and definition of a national security threat must be tightened to avoid abuse."
In an effort to strengthen the system of democracy in the country, the BN, said Khairy, was not deaf to the views of youths who are not comfortable with the ISA.
"Here, I do not agree that we label this group as being blind to history or appearing to show that the Malays are opposing the ISA.
"In fact, we need to listen and understand their views in line with the reforms being carried out by the party and the Prime Minister."
Near absolute power of ISA unsettling
He said he concurred with the prime minister who had given clear indications that the ISA need not be retained as it is.
"Whether the ISA will be amended or replaced will have to be a political decision. It's possible that it is a political burden and needs to shift from its extremist legacy.
"Therefore, it is not surprising that people are uncomfortable with the near absolute powers given to the home minister to detain a suspect without trial indefinitely.
"Any individual arrested under preventive laws must be given the liberty to appeal to a court of law against his detention. As most cases involve evidences that are deemed sensitive, it may be better a special court is set up to hear these cases in camera."
"I also feel there is a need to give ISA detainees access to their lawyers and family members, which they are deprived of currently. These issues must be discussed for the benefit of all."
He said the anti-ISA demonstration on Aug 1 did not bring any direct benefit to anyone as the protesters only asked for the abolishment of the ISA without offering any realistic suggestions as Malaysia still needed a preventive law.
Denison said there is a general public opinion that there were excesses on the use of the ISA and there was a need to limit the powers in areas of threat to national security.
On Najib's proposal to use stadiums to stage protests, he said that even a simple thing like the candlelight vigils and dinners have been restricted and speeches were prohibited.
"The police have not followed some of the guidelines' and suggestion given by the Human Rights Commission to allow space for legitimate dissent as enshrined under the federal constitution," he said.
Storm in a beer cup
by William Leong (Malaysiakini) | Aug 8, 09 10:23am
Racism and religious intolerance have been fed into the blood stream of Malaysians for so long that all of us are so poisoned in our thinking that even those acting with the best of intentions find it difficult to see the woods from the trees; between law enforcement and law making, between legislative policies and social or religious concerns.
The recent comments by the Selangor State Executive Council member Hassan Ali of his fellow Pakatan Rakyat Executive Council member, Ronnie Liu on Shah Alam Municipal Council enforcement personnel seizing and confiscating beer sold by a convenience store is a case in point.
Hassan Ali (centre) said that PAS Selangor supported banning the sale of alcoholic drinks in convenience stores in Muslim areas especially Shah Alam. He also said PAS would come out with its draft by-laws governing alcohol sales in the State.
The statements show the urgent need for us Malaysians to be aware of this sub-conscious racial discrimination and religious intolerance poison in Malaysians and the dire need for Malaysians to cleanse and detoxify ourselves so as to stop looking at every issue from the perspective of race and religion, imagined or otherwise.
There is a need for a Malaysian renaissance of our views, our values and our mindset.
There are clear laws relating to the manufacture, distribution and selling of beer and liquor. Alcohol abuse like smoking cigarettes are valid social concerns. Undoubtedly they are religious concerns because all religions teach us to respect our own bodies and take care of our health. However, not all laws and not all concerns are due to race or religion.
Law Making and Law Enforcement
The laws governing the powers of the Local Government Agencies are clear. There is no law prohibiting the sale of beer by convenience stores. There are laws governing the sale of alcohol and liquor but the sale of beer is not included as the alcoholic content of beer is lower than the prescribed limit of alcohol.
The enforcement unit of the Shah Alam Municipal Council is not empowered to make laws and regulations. They only have the power to enforce the existing laws and regulations. There is no law prohibiting the convenience stores from selling beer.
There are however, Syariah law governing Muslims from consuming alcohol. However, the enforcement officers of Local Councils do not have jurisdiction to enforce Syariah law and certainly not against non-Muslims.
Therefore, the Shah Alam Municipal Council was wrong to confiscate the beer from the convenience stores.
Hassan Ali in saying that PAS supported the banning of alcoholic drinks in convenience stores in Muslim majority areas ought to have also mentioned that he has been elected not only to represent Muslims but also all Malaysians irrespective of race or religion.
There are many other quarters, Christians, Buddhist, Hindus and social organizations that are concerned about the ill effects of beer drinking and he should have sought their views and give voice to their concerns. Hassan Ali ought to have articulated their concerns also.
There is a difference between concerns and laws. For concerns to be turned into law, the laws should be amended before enforcement agencies act to prohibit convenience stores from selling beer. Whether alcohol should be banned should be debated by all Malaysians, by those who drink and those who do not.
In doing so, we should not reinvent the wheel because Selangor is not the first and certainly not going to be the last society having to deal with alcohol. We can look and learn from history of other societies and countries.
The first half of the 20th century saw periods of prohibition of alcoholic beverages in several countries:
1900-48 in Prince Edward Island and for shorter periods in Canada
1914-25 in Russia and Soviet Union
1915-22 in Iceland (though beer was still prohibited until 1989)
1916-27 in Norway (fortified wine, beer prohibited from 1917-23)
1919 in Hungary
1919-32 in Finland
1920-33 in United States of America
In the United States the manufacture, sale and transportation of liquor was made illegal on 16 January 1920 pursuant to the 18th Amendment to the US Constitution and clarified by the Volstead Act that stated beer, wine or other intoxicating malt or vinous liquor meant any beverage that was more than 0.5% alcohol.
Prohibition a dismal failure
The act stated that owning any item designed to manufacture alcohol was illegal and it set specific fines and jail sentences for violating Prohibition. Prohibition was meant to reduce the consumption of alcohol to curb crime and corruption, solve social problems, poverty and improve the economy.
The Prohibition was ineffective. It caused an explosive growth in crime and increased the amount of alcohol consumption. Drinking went underground and illegal "speak-easies" mushroomed all over the country.
Bootleggers smuggled liquor from overseas, stole it from government warehouses and produced their own. The illegal liquor business fell into the control of organised crime. Al Capone was perhaps the most infamous Bootlegger during the period known as the Roaring 1920s.
Instead of reducing crime, Prohibition saw the crime rate skyrocketing with a nearly 78% increase. It saw serious crimes such as homicides, assault and battery increased by 13 %. There were gruesome shoot-outs as gangs fought for control over the profitable illegal business.
The number of Federal convicts increased 561%. Consumption of liquor instead of reducing increased. Seldom had a law been more flagrantly violated. Not only did Americans continue to manufacture, barter and possess alcohol, they drank more of it.
Prohibition was a dismal failure and it was repealed on Dec 5, 1933 by the 21st Amendment to the US Constitution repealing the 18th Amendment. It was the first and only time in US history that an amendment has been repealed.
These countries that have experimented with Prohibition have now come to realise that not all social concerns and society's ills can be solved by making them illegal.
With alcohol abuse, it is through education and voluntary temperance that these societies learnt to be more effective measures to counter alcohol abuse than by making the consumption of alcohol illegal.
The religious looking glass
It is unfortunate that Hassan Ali looked at the problem solely through a pair of Muslim's spectacles. The problem is wider than that and the evils of alcohol abuse affect all races, followers of all the various faiths, and even the atheists and agnostics.
His statement has caused a perception that has turned the problem from a social concern to a struggle between Muslims and non-Muslims.
It has raised the mistaken belief by non-Muslims that Islam does not tolerate the existence of other religions. Based on what I know of Islam, this is not true. Allah decreed in the Quran, Surah 2 verse 256:
"Let there be no compulsion in religion;
Truth stands out clear from Error;
Whoever rejects Evil and believes in Allah;
Hath grasped the most trustworthy handhold, that never breaks.
And Allah heareth and knoweth all things."
According to the notes to this verse, compulsion is incompatible with religion because (1) religion depends upon faith and will, and this would be meaningless if induced by force, (2) Truth and Error have been so clearly shown by the mercy of Allah that there should be no doubts in the minds of any person of goodwill as to the fundamentals of faith, (3) Allah's protection is continuous and His Plan is always to lead us from the depths of darkness into the clearest light.
There are many examples during the lifetime of the Prophet that shows the tolerance of Islam for other religions. Islam recognises that there is a plurality of religions on this earth and give the right to individuals to choose the path which they believe to be true.
Religion is not to be and was never forced upon any individual against his own will and there are many examples of this in the life of the Prophet and in the verses of the Quran.
Under the present oppressive and repressive rule of Umno, it is important for Malaysians to resist oppression and repression. It has always been the central approach of Islam to resist all forms of oppression. It is this approach that is the foundation of Islamic religious tolerance.
To succeed in this struggle against oppression, mere tolerance by Muslims of other religions is not enough. Muslims must unite with Malaysians of all religions and work towards the common goal of
justice, mutual respect, equal treatment and robust pluralism.
Malaysian Renaissance
After 52 years of the myth of racial inferiority of the Malays, used as a leverage for special privileges which in actual fact are enjoyed by a select few, the Malays, instead of enjoying God's gift of a life to be lived with dignity, are trapped in the bondage of a dependency on Umno chained by subsidies, loans, scholarships and handouts.
Those brave enough to dissent and dare to be independent are punished by having these forcibly taken away. We, Malaysians of all races must standup to liberate our fellow brothers from this bondage.
To do so we need to combine into one the common strands of our different racial descent and to use the unique strengths of our diversity to forge a stronger bond.
In doing so, it is imperative that we Malaysians accept that the Islamic concept of Man and the concept of Man founded on the religions and traditions of Confucianism, Buddhism, Hinduism, Christianity and the major religions practiced in this country share the basic fundamental ideas of the virtues and morality of mankind.
It is time to have a Malaysian renaissance where the growth, development and flowering of our Malaysian society is to be based on the common vision of the perfection for Mankind, imbued with truth and the love of learning, justice and compensation, mutual respect and forbearance and freedom with responsibility.
There is a need for the renewal of our faith and the assertion of our multiculturality as a Malaysian phenomenon not to be hidden away in shame but to be shown off to the rest of the world in pride.
It is prayed that all Malaysians and in particular our Pakatan Rakyat state executive members will heed the call for a renewal of our values and to steel ourselves with the conviction that only a Malaysian renaissance will set us free.
----------------------
WILLIAM LEONG is PKR parliamentarian for Selayang.
Racism and religious intolerance have been fed into the blood stream of Malaysians for so long that all of us are so poisoned in our thinking that even those acting with the best of intentions find it difficult to see the woods from the trees; between law enforcement and law making, between legislative policies and social or religious concerns.
The recent comments by the Selangor State Executive Council member Hassan Ali of his fellow Pakatan Rakyat Executive Council member, Ronnie Liu on Shah Alam Municipal Council enforcement personnel seizing and confiscating beer sold by a convenience store is a case in point.
Hassan Ali (centre) said that PAS Selangor supported banning the sale of alcoholic drinks in convenience stores in Muslim areas especially Shah Alam. He also said PAS would come out with its draft by-laws governing alcohol sales in the State.
The statements show the urgent need for us Malaysians to be aware of this sub-conscious racial discrimination and religious intolerance poison in Malaysians and the dire need for Malaysians to cleanse and detoxify ourselves so as to stop looking at every issue from the perspective of race and religion, imagined or otherwise.
There is a need for a Malaysian renaissance of our views, our values and our mindset.
There are clear laws relating to the manufacture, distribution and selling of beer and liquor. Alcohol abuse like smoking cigarettes are valid social concerns. Undoubtedly they are religious concerns because all religions teach us to respect our own bodies and take care of our health. However, not all laws and not all concerns are due to race or religion.
Law Making and Law Enforcement
The laws governing the powers of the Local Government Agencies are clear. There is no law prohibiting the sale of beer by convenience stores. There are laws governing the sale of alcohol and liquor but the sale of beer is not included as the alcoholic content of beer is lower than the prescribed limit of alcohol.
The enforcement unit of the Shah Alam Municipal Council is not empowered to make laws and regulations. They only have the power to enforce the existing laws and regulations. There is no law prohibiting the convenience stores from selling beer.
There are however, Syariah law governing Muslims from consuming alcohol. However, the enforcement officers of Local Councils do not have jurisdiction to enforce Syariah law and certainly not against non-Muslims.
Therefore, the Shah Alam Municipal Council was wrong to confiscate the beer from the convenience stores.
Hassan Ali in saying that PAS supported the banning of alcoholic drinks in convenience stores in Muslim majority areas ought to have also mentioned that he has been elected not only to represent Muslims but also all Malaysians irrespective of race or religion.
There are many other quarters, Christians, Buddhist, Hindus and social organizations that are concerned about the ill effects of beer drinking and he should have sought their views and give voice to their concerns. Hassan Ali ought to have articulated their concerns also.
There is a difference between concerns and laws. For concerns to be turned into law, the laws should be amended before enforcement agencies act to prohibit convenience stores from selling beer. Whether alcohol should be banned should be debated by all Malaysians, by those who drink and those who do not.
In doing so, we should not reinvent the wheel because Selangor is not the first and certainly not going to be the last society having to deal with alcohol. We can look and learn from history of other societies and countries.
The first half of the 20th century saw periods of prohibition of alcoholic beverages in several countries:
1900-48 in Prince Edward Island and for shorter periods in Canada
1914-25 in Russia and Soviet Union
1915-22 in Iceland (though beer was still prohibited until 1989)
1916-27 in Norway (fortified wine, beer prohibited from 1917-23)
1919 in Hungary
1919-32 in Finland
1920-33 in United States of America
In the United States the manufacture, sale and transportation of liquor was made illegal on 16 January 1920 pursuant to the 18th Amendment to the US Constitution and clarified by the Volstead Act that stated beer, wine or other intoxicating malt or vinous liquor meant any beverage that was more than 0.5% alcohol.
Prohibition a dismal failure
The act stated that owning any item designed to manufacture alcohol was illegal and it set specific fines and jail sentences for violating Prohibition. Prohibition was meant to reduce the consumption of alcohol to curb crime and corruption, solve social problems, poverty and improve the economy.
The Prohibition was ineffective. It caused an explosive growth in crime and increased the amount of alcohol consumption. Drinking went underground and illegal "speak-easies" mushroomed all over the country.
Bootleggers smuggled liquor from overseas, stole it from government warehouses and produced their own. The illegal liquor business fell into the control of organised crime. Al Capone was perhaps the most infamous Bootlegger during the period known as the Roaring 1920s.
Instead of reducing crime, Prohibition saw the crime rate skyrocketing with a nearly 78% increase. It saw serious crimes such as homicides, assault and battery increased by 13 %. There were gruesome shoot-outs as gangs fought for control over the profitable illegal business.
The number of Federal convicts increased 561%. Consumption of liquor instead of reducing increased. Seldom had a law been more flagrantly violated. Not only did Americans continue to manufacture, barter and possess alcohol, they drank more of it.
Prohibition was a dismal failure and it was repealed on Dec 5, 1933 by the 21st Amendment to the US Constitution repealing the 18th Amendment. It was the first and only time in US history that an amendment has been repealed.
These countries that have experimented with Prohibition have now come to realise that not all social concerns and society's ills can be solved by making them illegal.
With alcohol abuse, it is through education and voluntary temperance that these societies learnt to be more effective measures to counter alcohol abuse than by making the consumption of alcohol illegal.
The religious looking glass
It is unfortunate that Hassan Ali looked at the problem solely through a pair of Muslim's spectacles. The problem is wider than that and the evils of alcohol abuse affect all races, followers of all the various faiths, and even the atheists and agnostics.
His statement has caused a perception that has turned the problem from a social concern to a struggle between Muslims and non-Muslims.
It has raised the mistaken belief by non-Muslims that Islam does not tolerate the existence of other religions. Based on what I know of Islam, this is not true. Allah decreed in the Quran, Surah 2 verse 256:
"Let there be no compulsion in religion;
Truth stands out clear from Error;
Whoever rejects Evil and believes in Allah;
Hath grasped the most trustworthy handhold, that never breaks.
And Allah heareth and knoweth all things."
According to the notes to this verse, compulsion is incompatible with religion because (1) religion depends upon faith and will, and this would be meaningless if induced by force, (2) Truth and Error have been so clearly shown by the mercy of Allah that there should be no doubts in the minds of any person of goodwill as to the fundamentals of faith, (3) Allah's protection is continuous and His Plan is always to lead us from the depths of darkness into the clearest light.
There are many examples during the lifetime of the Prophet that shows the tolerance of Islam for other religions. Islam recognises that there is a plurality of religions on this earth and give the right to individuals to choose the path which they believe to be true.
Religion is not to be and was never forced upon any individual against his own will and there are many examples of this in the life of the Prophet and in the verses of the Quran.
Under the present oppressive and repressive rule of Umno, it is important for Malaysians to resist oppression and repression. It has always been the central approach of Islam to resist all forms of oppression. It is this approach that is the foundation of Islamic religious tolerance.
To succeed in this struggle against oppression, mere tolerance by Muslims of other religions is not enough. Muslims must unite with Malaysians of all religions and work towards the common goal of
justice, mutual respect, equal treatment and robust pluralism.
Malaysian Renaissance
After 52 years of the myth of racial inferiority of the Malays, used as a leverage for special privileges which in actual fact are enjoyed by a select few, the Malays, instead of enjoying God's gift of a life to be lived with dignity, are trapped in the bondage of a dependency on Umno chained by subsidies, loans, scholarships and handouts.
Those brave enough to dissent and dare to be independent are punished by having these forcibly taken away. We, Malaysians of all races must standup to liberate our fellow brothers from this bondage.
To do so we need to combine into one the common strands of our different racial descent and to use the unique strengths of our diversity to forge a stronger bond.
In doing so, it is imperative that we Malaysians accept that the Islamic concept of Man and the concept of Man founded on the religions and traditions of Confucianism, Buddhism, Hinduism, Christianity and the major religions practiced in this country share the basic fundamental ideas of the virtues and morality of mankind.
It is time to have a Malaysian renaissance where the growth, development and flowering of our Malaysian society is to be based on the common vision of the perfection for Mankind, imbued with truth and the love of learning, justice and compensation, mutual respect and forbearance and freedom with responsibility.
There is a need for the renewal of our faith and the assertion of our multiculturality as a Malaysian phenomenon not to be hidden away in shame but to be shown off to the rest of the world in pride.
It is prayed that all Malaysians and in particular our Pakatan Rakyat state executive members will heed the call for a renewal of our values and to steel ourselves with the conviction that only a Malaysian renaissance will set us free.
----------------------
WILLIAM LEONG is PKR parliamentarian for Selayang.
Thursday, August 06, 2009
PAS & ALCOHOL BAN
By Datuk Dr Denison Jayasooria
The move by PAS to implement a blanket ban on the sale of alcohol in all Muslim-majority areas has now given us an opportunity to draw up guidelines on the sale of alcohol. While their call on ban might seem drastic but this view must not be seen from a high moral ground and only from an Islamic perspective but an opportunity to recognize the problems associated with alcohol abuse which is recognized by all major religions of the world.
Currently there are already other forms of restrictions on alcohol such as one cannot drink and drive, alcohol can only be sold in licensed shops, alcohol cannot be sold to under-aged individuals, there are restricted hours for places which sell and serve alcohol. There are laws to curtail the production and sale of illegal and unlicensed products.
The problem has often been associated with weak enforcement by local authority enforcement. There must be some public outcry on this matter as there are negative aspects of alcohol abuse which society has not adequately recognized.
There are major social and health relative problems to alcohol substance abuse among by natives of Sabah and Sarawak, among the Orang Asli and among sections of the Indian community in Peninsular Malaysia.
The Consumer Association of Penang has undertaken many studies on this matter and therefore the social impact dimensions should also be reviewed in this debate. While PAS was speaking for the Muslim community many of the social issues and abuses are among non Muslim communities.
Society has already accepted that certain types of human behavior can affect oneself and others. In the case of smoking, the Ministry of Health and other authorities have undertaken many measures to restrict where one can smoke in public places, on the sponsorship and advertisement by cigarette companies.
These initiatives undertaken are done in the interest of the common good of society. While a total ban has not been effective in the past, where total abstinence was advocated, nonetheless there is an urgent need for Malaysian society to discuss this issue further from the negative and abusive aspects of unrestricted sale and availability of alcohol in our society.
Some restrictions on the places and locations where alcohol is sold are necessary. For example not permitting sale of alcohol in or near residential areas and schools might be necessary. This will therefore include all kinds of residential areas. Designated places where sales and consuming can take place should be regulated by local authority. For example it might be healthy not consuming alcohol in a public park or even during a football game.
While this theme is being advocated by PAS, my interest is as a sociologist from social work background. I am a Christian by conviction and belief. Therefore let us not discuss social issues and concerns from a perspective that divides us but lets us find alliances and collaboration across religion
There are so many silent sufferers especially women and children who are victims of alcoholics and husbands who have a behavior problem as a result of consuming alcohol.
Alcohol producers, promoters and retail people have not taken action in educating the general public on the potential substance addiction. Government has not done enough to address the abusive behavior and health related problems. Currently there are no counseling programmes and if any inadequate. There are no rehabilitation services like rehabilitation of drug addiction.
I strongly advocate that alcohol producers and this industry pay a levy from their annual sales for public education on alcohol abuse and addiction, at the same time take greater responsibility for rehabilitation of alcoholics. Some systematic intervention programmes are necessary to assist women and children who face abuse and violence. Federal and State agencies must address these concerns
May be the Selangor Government could take the lead in providing the guidelines necessary for healthy living and ensure that all responsible will put human lives before profits.
The move by PAS to implement a blanket ban on the sale of alcohol in all Muslim-majority areas has now given us an opportunity to draw up guidelines on the sale of alcohol. While their call on ban might seem drastic but this view must not be seen from a high moral ground and only from an Islamic perspective but an opportunity to recognize the problems associated with alcohol abuse which is recognized by all major religions of the world.
Currently there are already other forms of restrictions on alcohol such as one cannot drink and drive, alcohol can only be sold in licensed shops, alcohol cannot be sold to under-aged individuals, there are restricted hours for places which sell and serve alcohol. There are laws to curtail the production and sale of illegal and unlicensed products.
The problem has often been associated with weak enforcement by local authority enforcement. There must be some public outcry on this matter as there are negative aspects of alcohol abuse which society has not adequately recognized.
There are major social and health relative problems to alcohol substance abuse among by natives of Sabah and Sarawak, among the Orang Asli and among sections of the Indian community in Peninsular Malaysia.
The Consumer Association of Penang has undertaken many studies on this matter and therefore the social impact dimensions should also be reviewed in this debate. While PAS was speaking for the Muslim community many of the social issues and abuses are among non Muslim communities.
Society has already accepted that certain types of human behavior can affect oneself and others. In the case of smoking, the Ministry of Health and other authorities have undertaken many measures to restrict where one can smoke in public places, on the sponsorship and advertisement by cigarette companies.
These initiatives undertaken are done in the interest of the common good of society. While a total ban has not been effective in the past, where total abstinence was advocated, nonetheless there is an urgent need for Malaysian society to discuss this issue further from the negative and abusive aspects of unrestricted sale and availability of alcohol in our society.
Some restrictions on the places and locations where alcohol is sold are necessary. For example not permitting sale of alcohol in or near residential areas and schools might be necessary. This will therefore include all kinds of residential areas. Designated places where sales and consuming can take place should be regulated by local authority. For example it might be healthy not consuming alcohol in a public park or even during a football game.
While this theme is being advocated by PAS, my interest is as a sociologist from social work background. I am a Christian by conviction and belief. Therefore let us not discuss social issues and concerns from a perspective that divides us but lets us find alliances and collaboration across religion
There are so many silent sufferers especially women and children who are victims of alcoholics and husbands who have a behavior problem as a result of consuming alcohol.
Alcohol producers, promoters and retail people have not taken action in educating the general public on the potential substance addiction. Government has not done enough to address the abusive behavior and health related problems. Currently there are no counseling programmes and if any inadequate. There are no rehabilitation services like rehabilitation of drug addiction.
I strongly advocate that alcohol producers and this industry pay a levy from their annual sales for public education on alcohol abuse and addiction, at the same time take greater responsibility for rehabilitation of alcoholics. Some systematic intervention programmes are necessary to assist women and children who face abuse and violence. Federal and State agencies must address these concerns
May be the Selangor Government could take the lead in providing the guidelines necessary for healthy living and ensure that all responsible will put human lives before profits.
Monday, August 03, 2009
SUHAKAM: THE RIGHT TO PEACEFUL PUBLIC ASSEMBLIES SHOULD BE RESPECTED
The Human Rights Commission of Malaysia (SUHAKAM) regrets to note that in the process of dispersing the 15,000 stronghold of crowd marched in protest of the Internal Security Act 1960 (ISA) in Kuala Lumpur on August 1, the police have used teargas and water excessively, which has also affected the bystanders.
The day of the public assembly ended with the police reportedly has arrested 600 people and 44 juveniles aged between 13-17 years old at different locations in the city. In this regard, SUHAKAM strongly maintains its stand that the people have the right to participate in peaceful assemblies.
SUHAKAM has consistently urged the Government to consider and take into account the recommendations made by the Commission on freedom of assembly as enunciated in the reports of the Kesas Highway and KLCC Bloody Sunday Public Inquiries. It is therefore recommended that in the event where the police find it necessary to control or disperse a crowd, proportionate and non-violent methods should be invoked.
In addition to that, it is also SUHAKAM‘s grave concern that the children who were arrested during the rally were handcuffed, detained and held under remand together with the rest of the adult protesters.
SUHAKAM would like to draw the Government’s attention to its obligations to observe and protect the rights of the children in conflict with law as stipulated under the Child Act 2001 and the Convention on the Rights of the Child (CRC).
Consequently, in view of the whole situation which took place last weekend, SUHAKAM urges the Government to seriously consider SUHAKAM’s recommendation made since 2003 to repeal the ISA due to its nature of detention without trial, which is clearly an infringement of the principles of human rights.
SUHAKAM would like to reiterate its stance that the ISA should be repealed and be replaced by a new comprehensive legislation that balances national security and human rights as a specific Anti-Terrorism Act to deal with anti-terrorism and mass acts of violence.
- end -
“HUMAN RIGHTS FOR ALL”
TAN SRI DATUK SERI PANGLIMA SIMON SIPAUN
Vice Chairman
DATO’ DR MICHAEL YEOH
Chairperson, Economic, Social, Cultural, Civil and Political Rights Working Group
DATO’ CHOO SIEW KIOH
Chairperson, International Issues and Cooperation Committee
DATO’ HAJI KHALID HAJI IBRAHIM
Chairperson, Complaints and Inquiries Working Group
DATUK DR DENISON JAYASOORIA
Commissioner
Human Rights Commission of Malaysia (SUHAKAM)
3 August 2009
The day of the public assembly ended with the police reportedly has arrested 600 people and 44 juveniles aged between 13-17 years old at different locations in the city. In this regard, SUHAKAM strongly maintains its stand that the people have the right to participate in peaceful assemblies.
SUHAKAM has consistently urged the Government to consider and take into account the recommendations made by the Commission on freedom of assembly as enunciated in the reports of the Kesas Highway and KLCC Bloody Sunday Public Inquiries. It is therefore recommended that in the event where the police find it necessary to control or disperse a crowd, proportionate and non-violent methods should be invoked.
In addition to that, it is also SUHAKAM‘s grave concern that the children who were arrested during the rally were handcuffed, detained and held under remand together with the rest of the adult protesters.
SUHAKAM would like to draw the Government’s attention to its obligations to observe and protect the rights of the children in conflict with law as stipulated under the Child Act 2001 and the Convention on the Rights of the Child (CRC).
Consequently, in view of the whole situation which took place last weekend, SUHAKAM urges the Government to seriously consider SUHAKAM’s recommendation made since 2003 to repeal the ISA due to its nature of detention without trial, which is clearly an infringement of the principles of human rights.
SUHAKAM would like to reiterate its stance that the ISA should be repealed and be replaced by a new comprehensive legislation that balances national security and human rights as a specific Anti-Terrorism Act to deal with anti-terrorism and mass acts of violence.
- end -
“HUMAN RIGHTS FOR ALL”
TAN SRI DATUK SERI PANGLIMA SIMON SIPAUN
Vice Chairman
DATO’ DR MICHAEL YEOH
Chairperson, Economic, Social, Cultural, Civil and Political Rights Working Group
DATO’ CHOO SIEW KIOH
Chairperson, International Issues and Cooperation Committee
DATO’ HAJI KHALID HAJI IBRAHIM
Chairperson, Complaints and Inquiries Working Group
DATUK DR DENISON JAYASOORIA
Commissioner
Human Rights Commission of Malaysia (SUHAKAM)
3 August 2009
Friday, July 31, 2009
Road map for Malaysian Indian problems proposed
By V Ganabatirau | Jul 21, 09 11:30am (Malaysiakini)
The upliftment of the Indians in Malaysia would require a more consolidated and concerted effort to achieve significant milage.
In an attempt to achieve this goal, we must engineer a logical and workable road map.
Such road map must be carefully evaluated and assessed and then must be put to work.
Such road map(s) must have the human element and blend with the 1 Malaysia policy currently advocated by the government.
We cannot ignore nor side line the secular principles held on to thus far. In this process we must not and should not ignore suggestions and recommendations from all sectors of society and people.
There are some who take advantage of the situation for personal gain. Some exploit the dire situation for political success.
There are the others who dwell in complete darkness without any sense of direction or responsibility but are keen to raise issues simply to remain relevant.
How many of us will do this with total commitment and conviction?
The current political climate has created artificial leaders who's game plan is to provide lip service.
When the real issues surface, they don't possess the mental apptitute or experience to handle and overcome problems and situations.
It's a pity.
The Indians on the other hand don't see matters in the correct perspective.
They are easily deceived and carried away by desperate politicians who care less for them and merely use them as tools.
March 8 mayhem continues
This is evident after the March 8 th general election.
This mayhem will continue until such a time when realisation sets in.
We must not therefore be taken advantaged of under any circumstances nor be allowed to be used and exploited by any sector for whatever purpose.
Be that as it may, my concern is to present a workable, coherent and cohesive solution to solve problems faced by Malaysian Indians.
This plan is practical and if taken seriously and implemented, perhaps some of the common complaints faced can be solved.
The implementation of this plan would require a consolidated effort and support from the government and private sector.
In the past few years many nagging problems faced by the Malaysian Indians have been raised.
Unfortunately none provided plausible solutions.
Since we are principally responsible for the shaping of society and our destiny, then we must undertake this task and challenges very seriously for the preservation and survival of the race.
We the guardians of the future generation, must create security and stability for the coming generation. We must not gamble with their future for selfish reasons.
This would tantamount to doing a complete disservice to the present generation.
This heavy burden must be carefully measured and discharged. There will be no room for incompetence.
We must rise to become more resilient, self sustaining, competitive and marketable.
But this will require enormous resources, help, assistance and aid.
To facilitate this, the government must undertake to implement programmes to benefit Malaysian Indians.
This by no standard is an easy task but with determination and perseverance it is possible. As an initial step the government should consider the following:
(1) I appeal to the government to allocate RM10 billion initially to address critical problems currently faced by Malaysian Indians.
This fund should be handed over to a special task force created to overcome immediate pressing problems.
Task force to tackle issues
The task force should be a political entity comprising academicians, retired civil servants, private entrepreneurs and philanthropist of ethnic Indian origin.
They must solve the following critical issues:
(a) The task force must immediately bail out Maika Holdings Berhad.
Upon bailing out, it then becomes the duty and responsibility of the Task force to make the corporate body more viable and competitive.
Perhaps a complete revamp and restructuring may become necessary.
The body should act more transparently and engage in consultation before investing.
It must act as a trustee and must hold the confidence and trust placed upon it by the shareholders.
The body must strive to do better and must always display a progressive and advancing image.
They must emerge competitive and become reliable. While risk taking is encouraged but it must be properly weighed.
(b)The task force will identify all Tamil schools in the country and will undertake constructive steps to improve their conditions and will negotiate with the respective authorities to buy the land if the school is sitting on private land.
Additionally such schools should become fully aided schools within 2 years from the date of identification.
The Education Ministry must co-orporate in this matter so as to preserve the cultural identity and heritage of Malaysian Indians.
(c) The task force will carry out a nationwide study to ascertain all Hindu places of worship and will register them as such and not as societies or as a company.
If such places had existed prior to independence, then the same should rightly be recognized as a heritage building.
All demolition and forcible removal of such places of worships must be immediately halted. The relevant local authorities and state government must be appropriately advised on the implications if any, that may arise in the event of unlawful demolistion or removal.
This is necessary to preserve the secular sanctity currently preserved and cherished by the people.
Poverty levels must be ascertained
(d) The task force must carry out a nationwide study to ascertain the real poverty level of Malaysian Indians.
In the year 2004, poverty among Malaysia Indians was estimated to be 370,000 households.
The number of hardcore poor households was said to be 1200 which constitutes 0.3 percent.
This data is provided by the Economic Planning Unit (EPU).
The statistics require revision and serious consideration to determine the correct incidence of poverty among Malaysian Indians.
Once the correct statistics are available, then a proper plan is to be drawn to eliminate the current poverty level.
To accomplish this task perhaps, it would be wise to conduct a national study comprising both urban and rural population.
Placing undue reliance upon existing statistics could cloud the study and may present a wrong picture.
(e) The task force must ascertain the household income of Malaysian Indians.
In the year 2004, the gross monthly household income of Malaysian Indians was said to be RM 3456.00 with an average annual growth rate of 5.0 percent.
According to the Income Group Stratification 20 pecent of the Upper Class Malaysian Indians earn RM 6456.00 per month and they constitute 360,000 individuals.
50 percent of the middle class Indians earn RM 2460.00 per month and they constitute 900,000 individuals.
The remainder belong to the lower class who earn RM 1092.00 per month and they constitute 540,000 individuals.
This source was provided by the Yayasan Strategik Sosial (2005).
The study must draw comparisons with the other races and distinctions as well as the disparities must be given proper weight.
It's virtually wrong to maintain a general and standard rule for all races in determining the monthly gross household income.
The specific needs of the races must be taken into account in determining the household income.
Indians in the civil service
(f) The task force must ascertain those real reasons why Malaysian Indians are not keen to join the civil service. Is it due to an inferiority complex or are they not welcome?
Perhaps frankness should prevail in this matter. If there exists prejudicial elements, it's important to address those issues so that the current set backs can be overcome without discrimination or marginalization.
In the year 1990, 8.2 percent of Malaysian Indians were employed with the government which is 17,560 of the total Indian population.
This statistic was provided by OPP2 (1991) (Second Outline Perspective Plan) .
What positions held by Malaysian Indians in the government sector was never disclosed.
What are the positions now? Surely the positions now are rather different and require immediate remedial measures.
(g) The task force must propose a constructive plan or road map to increase the equity share of Malaysian Indians.
Any plan proposed must adhere strictly to the time frame to achieve the target set.
The Federal Government must directly monitor the advancement and progress of this plan from time to time and in the event of delay, those responsible should be made accountable and answerable to the government.
The current equity shares of Malaysian Indians is hardly 1.2 percent.
This is deplorable. By 2020 the government must increase the equity share of Malaysian Indians to 10 percent. The projected 3 percent by 2020 is far too little and all plans formulated for that purpose should be re-evaluated.
(h) The task force must create a venue or mechanism where Malaysian Indians, in particular, can play a more effective and significant role in the making of policy decisions.
In the present political climate, Malaysian Indians merely constitute 10 percent of the national population and are forced to adopt a secondary role or back seat when it comes to policy matters.
More often they are not consulted.
This can be very frustrating and undermines the culture of secularism cultivated thus far.
To avoid the far reaching effects, perhaps the government must adopt a more proactive approach.
Create Indian majority areas
Consultation and engagement will advance the nation in the right direction. It will undoubtedly enhance the sense of belonging which is currently eroding steadily.
(i) The task force must, in consultation with the government, create or endeavor to create and preserve constituencies with Indian majority.
Such creation will provide a sense of security and continued survival of an ethnic race.
There is no real fear in this. The delineation of parliamentary and state constituencies is currently causing serious fragmentation of Indians.
Certainly this does not auger well on the Election Commission.
Perhaps reconsideration has now become so necessary. For instance, in Klang the Indian population constitute 19 percent and in Port Dickson 20.7 percent.
Kuala Selangor, Seremban, Hilir Perak and Ulu Selangor have an Indian population of more than 18 percent.
These constituencies must be preserved with the current Indian strong hold and representatives elected must remain Indian.
Similarly, the State of Selangor has an Indian population of 18 percent followed by Negeri Sembilan and Perak having 17 percent and 14 percent, Pulau Pinang has 11 percent, Kedah and Melaka respectively having 8 percent and Johore has 6 percent.
These states must allocate more seats for Indian candidates to better represent their interest.
The current allocation of 9 Parliamentary seats and 27 States seats is grossly insufficient. It is imperative that the government must engage in re-evaluation.
(j) The Task force must engineer a magical formula to combat and defeat crime among Malaysian Indians.
As at 1996, there were 2,251 Indian prisoners.
In the year 2002, there were 3864 Indian prisoners. The alarming rise in the number of Indian prisoners is quite worrying and disturbing.
In the year 2004, Indian youths in prison were 16.4 percent and youths in custody was 65.5 percent and juveniles constituted 7.6 percent.
By our standard, the statistics provided are quite disturbing and disheartening. We must therefore fashion reform programmes that would be beneficial to them and would have a long term success.
NEP for Indians
Additionally, the elements contributing to an increase in the crime level must be equally understood.
Upon identification of these elements, we must carefully address them. While this may be a huge task, the government must create solutions to overcome them.
It's quite pointless to shelf them or leave them unattended.
Crime by nature is contagious and a concerted effort is necessary.
(k) The task force must encourage Malaysian Indians to take part in the private sector.
Business licenses should be made freely available and all unfair requirements should be abandoned.
Application for such licenses should be simple and straight forward. Bureaucratic red tape should be reduced.
Preferential requirements should not cloud such applications.
The question of discrimination must never arise. Once again this would require the more realistic approach and the current rules and regulations in force must be carefully modified to accommodate the less fortunate Indians.
(l) The task force must recommend to the Malaysian government in the strongest language asking the government to replicate the NEP for Malaysian Indians.
I also ask the government to fix a time frame in the implementation of the NEP for Malaysian Indians.
The government must undertake this responsibility. This task must never be left to a political party. The approach to be taken in the implementation of the NEP must be wholesome and there should not be any apprehension.
(m) The task force must recommend to the government that all Indians without ID must be issued of one with immediate effect without any hesitation or reservation.
Any confirmation that they may seek prior to issuance of the ID's must be minimal and such process must never be complicated. The total number of individuals without ID's must be accurately ascertained.
For this purpose a nationwide pilot study must be carried out.
(n) The task force must consistently engage in dialogue with interested and concerned parties so as to improve the living conditions of Malaysian Indians.
When set backs are identified and raised the Task force must encourage and welcome suggestions and recommendations.
In this connection, it is always important to maintain an open mind with a view to resolving problems.
I welcome the 1Malaysia concept currently advocated by the government.
In the hope of fostering greater understanding tolerance and a sense of belonging I hereby present a preliminary solution plan which is cohesive and coherent to improve the conditions of Malaysian Indians.
-------------------
V GANABATIRAU was arrested under the Internal Security Act in December 2007 for his activities with Hindraf. He was released last April.
The upliftment of the Indians in Malaysia would require a more consolidated and concerted effort to achieve significant milage.
In an attempt to achieve this goal, we must engineer a logical and workable road map.
Such road map must be carefully evaluated and assessed and then must be put to work.
Such road map(s) must have the human element and blend with the 1 Malaysia policy currently advocated by the government.
We cannot ignore nor side line the secular principles held on to thus far. In this process we must not and should not ignore suggestions and recommendations from all sectors of society and people.
There are some who take advantage of the situation for personal gain. Some exploit the dire situation for political success.
There are the others who dwell in complete darkness without any sense of direction or responsibility but are keen to raise issues simply to remain relevant.
How many of us will do this with total commitment and conviction?
The current political climate has created artificial leaders who's game plan is to provide lip service.
When the real issues surface, they don't possess the mental apptitute or experience to handle and overcome problems and situations.
It's a pity.
The Indians on the other hand don't see matters in the correct perspective.
They are easily deceived and carried away by desperate politicians who care less for them and merely use them as tools.
March 8 mayhem continues
This is evident after the March 8 th general election.
This mayhem will continue until such a time when realisation sets in.
We must not therefore be taken advantaged of under any circumstances nor be allowed to be used and exploited by any sector for whatever purpose.
Be that as it may, my concern is to present a workable, coherent and cohesive solution to solve problems faced by Malaysian Indians.
This plan is practical and if taken seriously and implemented, perhaps some of the common complaints faced can be solved.
The implementation of this plan would require a consolidated effort and support from the government and private sector.
In the past few years many nagging problems faced by the Malaysian Indians have been raised.
Unfortunately none provided plausible solutions.
Since we are principally responsible for the shaping of society and our destiny, then we must undertake this task and challenges very seriously for the preservation and survival of the race.
We the guardians of the future generation, must create security and stability for the coming generation. We must not gamble with their future for selfish reasons.
This would tantamount to doing a complete disservice to the present generation.
This heavy burden must be carefully measured and discharged. There will be no room for incompetence.
We must rise to become more resilient, self sustaining, competitive and marketable.
But this will require enormous resources, help, assistance and aid.
To facilitate this, the government must undertake to implement programmes to benefit Malaysian Indians.
This by no standard is an easy task but with determination and perseverance it is possible. As an initial step the government should consider the following:
(1) I appeal to the government to allocate RM10 billion initially to address critical problems currently faced by Malaysian Indians.
This fund should be handed over to a special task force created to overcome immediate pressing problems.
Task force to tackle issues
The task force should be a political entity comprising academicians, retired civil servants, private entrepreneurs and philanthropist of ethnic Indian origin.
They must solve the following critical issues:
(a) The task force must immediately bail out Maika Holdings Berhad.
Upon bailing out, it then becomes the duty and responsibility of the Task force to make the corporate body more viable and competitive.
Perhaps a complete revamp and restructuring may become necessary.
The body should act more transparently and engage in consultation before investing.
It must act as a trustee and must hold the confidence and trust placed upon it by the shareholders.
The body must strive to do better and must always display a progressive and advancing image.
They must emerge competitive and become reliable. While risk taking is encouraged but it must be properly weighed.
(b)The task force will identify all Tamil schools in the country and will undertake constructive steps to improve their conditions and will negotiate with the respective authorities to buy the land if the school is sitting on private land.
Additionally such schools should become fully aided schools within 2 years from the date of identification.
The Education Ministry must co-orporate in this matter so as to preserve the cultural identity and heritage of Malaysian Indians.
(c) The task force will carry out a nationwide study to ascertain all Hindu places of worship and will register them as such and not as societies or as a company.
If such places had existed prior to independence, then the same should rightly be recognized as a heritage building.
All demolition and forcible removal of such places of worships must be immediately halted. The relevant local authorities and state government must be appropriately advised on the implications if any, that may arise in the event of unlawful demolistion or removal.
This is necessary to preserve the secular sanctity currently preserved and cherished by the people.
Poverty levels must be ascertained
(d) The task force must carry out a nationwide study to ascertain the real poverty level of Malaysian Indians.
In the year 2004, poverty among Malaysia Indians was estimated to be 370,000 households.
The number of hardcore poor households was said to be 1200 which constitutes 0.3 percent.
This data is provided by the Economic Planning Unit (EPU).
The statistics require revision and serious consideration to determine the correct incidence of poverty among Malaysian Indians.
Once the correct statistics are available, then a proper plan is to be drawn to eliminate the current poverty level.
To accomplish this task perhaps, it would be wise to conduct a national study comprising both urban and rural population.
Placing undue reliance upon existing statistics could cloud the study and may present a wrong picture.
(e) The task force must ascertain the household income of Malaysian Indians.
In the year 2004, the gross monthly household income of Malaysian Indians was said to be RM 3456.00 with an average annual growth rate of 5.0 percent.
According to the Income Group Stratification 20 pecent of the Upper Class Malaysian Indians earn RM 6456.00 per month and they constitute 360,000 individuals.
50 percent of the middle class Indians earn RM 2460.00 per month and they constitute 900,000 individuals.
The remainder belong to the lower class who earn RM 1092.00 per month and they constitute 540,000 individuals.
This source was provided by the Yayasan Strategik Sosial (2005).
The study must draw comparisons with the other races and distinctions as well as the disparities must be given proper weight.
It's virtually wrong to maintain a general and standard rule for all races in determining the monthly gross household income.
The specific needs of the races must be taken into account in determining the household income.
Indians in the civil service
(f) The task force must ascertain those real reasons why Malaysian Indians are not keen to join the civil service. Is it due to an inferiority complex or are they not welcome?
Perhaps frankness should prevail in this matter. If there exists prejudicial elements, it's important to address those issues so that the current set backs can be overcome without discrimination or marginalization.
In the year 1990, 8.2 percent of Malaysian Indians were employed with the government which is 17,560 of the total Indian population.
This statistic was provided by OPP2 (1991) (Second Outline Perspective Plan) .
What positions held by Malaysian Indians in the government sector was never disclosed.
What are the positions now? Surely the positions now are rather different and require immediate remedial measures.
(g) The task force must propose a constructive plan or road map to increase the equity share of Malaysian Indians.
Any plan proposed must adhere strictly to the time frame to achieve the target set.
The Federal Government must directly monitor the advancement and progress of this plan from time to time and in the event of delay, those responsible should be made accountable and answerable to the government.
The current equity shares of Malaysian Indians is hardly 1.2 percent.
This is deplorable. By 2020 the government must increase the equity share of Malaysian Indians to 10 percent. The projected 3 percent by 2020 is far too little and all plans formulated for that purpose should be re-evaluated.
(h) The task force must create a venue or mechanism where Malaysian Indians, in particular, can play a more effective and significant role in the making of policy decisions.
In the present political climate, Malaysian Indians merely constitute 10 percent of the national population and are forced to adopt a secondary role or back seat when it comes to policy matters.
More often they are not consulted.
This can be very frustrating and undermines the culture of secularism cultivated thus far.
To avoid the far reaching effects, perhaps the government must adopt a more proactive approach.
Create Indian majority areas
Consultation and engagement will advance the nation in the right direction. It will undoubtedly enhance the sense of belonging which is currently eroding steadily.
(i) The task force must, in consultation with the government, create or endeavor to create and preserve constituencies with Indian majority.
Such creation will provide a sense of security and continued survival of an ethnic race.
There is no real fear in this. The delineation of parliamentary and state constituencies is currently causing serious fragmentation of Indians.
Certainly this does not auger well on the Election Commission.
Perhaps reconsideration has now become so necessary. For instance, in Klang the Indian population constitute 19 percent and in Port Dickson 20.7 percent.
Kuala Selangor, Seremban, Hilir Perak and Ulu Selangor have an Indian population of more than 18 percent.
These constituencies must be preserved with the current Indian strong hold and representatives elected must remain Indian.
Similarly, the State of Selangor has an Indian population of 18 percent followed by Negeri Sembilan and Perak having 17 percent and 14 percent, Pulau Pinang has 11 percent, Kedah and Melaka respectively having 8 percent and Johore has 6 percent.
These states must allocate more seats for Indian candidates to better represent their interest.
The current allocation of 9 Parliamentary seats and 27 States seats is grossly insufficient. It is imperative that the government must engage in re-evaluation.
(j) The Task force must engineer a magical formula to combat and defeat crime among Malaysian Indians.
As at 1996, there were 2,251 Indian prisoners.
In the year 2002, there were 3864 Indian prisoners. The alarming rise in the number of Indian prisoners is quite worrying and disturbing.
In the year 2004, Indian youths in prison were 16.4 percent and youths in custody was 65.5 percent and juveniles constituted 7.6 percent.
By our standard, the statistics provided are quite disturbing and disheartening. We must therefore fashion reform programmes that would be beneficial to them and would have a long term success.
NEP for Indians
Additionally, the elements contributing to an increase in the crime level must be equally understood.
Upon identification of these elements, we must carefully address them. While this may be a huge task, the government must create solutions to overcome them.
It's quite pointless to shelf them or leave them unattended.
Crime by nature is contagious and a concerted effort is necessary.
(k) The task force must encourage Malaysian Indians to take part in the private sector.
Business licenses should be made freely available and all unfair requirements should be abandoned.
Application for such licenses should be simple and straight forward. Bureaucratic red tape should be reduced.
Preferential requirements should not cloud such applications.
The question of discrimination must never arise. Once again this would require the more realistic approach and the current rules and regulations in force must be carefully modified to accommodate the less fortunate Indians.
(l) The task force must recommend to the Malaysian government in the strongest language asking the government to replicate the NEP for Malaysian Indians.
I also ask the government to fix a time frame in the implementation of the NEP for Malaysian Indians.
The government must undertake this responsibility. This task must never be left to a political party. The approach to be taken in the implementation of the NEP must be wholesome and there should not be any apprehension.
(m) The task force must recommend to the government that all Indians without ID must be issued of one with immediate effect without any hesitation or reservation.
Any confirmation that they may seek prior to issuance of the ID's must be minimal and such process must never be complicated. The total number of individuals without ID's must be accurately ascertained.
For this purpose a nationwide pilot study must be carried out.
(n) The task force must consistently engage in dialogue with interested and concerned parties so as to improve the living conditions of Malaysian Indians.
When set backs are identified and raised the Task force must encourage and welcome suggestions and recommendations.
In this connection, it is always important to maintain an open mind with a view to resolving problems.
I welcome the 1Malaysia concept currently advocated by the government.
In the hope of fostering greater understanding tolerance and a sense of belonging I hereby present a preliminary solution plan which is cohesive and coherent to improve the conditions of Malaysian Indians.
-------------------
V GANABATIRAU was arrested under the Internal Security Act in December 2007 for his activities with Hindraf. He was released last April.
Monday, July 27, 2009
CPPS Roundtable Discussion
Review of Datuk Seri Najib Tun Razak’s First 100 Days in Office
Date: Tuesday, 28th July 2009
Time: 3:00 p.m. – 6:00 p.m.
Venue: Malaysian Bar Council
Tentative Programme
2:45 PM : Registration
3:00 PM : Opening Remarks by Tan Sri Ramon V. Navaratnam,
Chairman of CPPS
3:05 PM – 4:40 PM : Reflections on the 100 Days of Prime Minister
RTD Invited Discussants
V. Gayathry – (Centre for Independent Journalism) – Media Freedom
Datuk Dr. Denison Jayasooria (Institute of Ethnic Studies, UKM) – National Unity & Ethnic relations
Dato’ Michael Yeoh (CEO Asian Strategy & Leadership Institute) tbc – Business/Economic perspective
Maria Chin Abdullah (EMPOWER) – Gender issues
Nora Murat (Amnesty International Malaysia) – Human Rights
4:40PM – 4:50PM :Tea Break
4:50 PM – 6:00 PM:Comments from participants of the RTD
Date: Tuesday, 28th July 2009
Time: 3:00 p.m. – 6:00 p.m.
Venue: Malaysian Bar Council
Tentative Programme
2:45 PM : Registration
3:00 PM : Opening Remarks by Tan Sri Ramon V. Navaratnam,
Chairman of CPPS
3:05 PM – 4:40 PM : Reflections on the 100 Days of Prime Minister
RTD Invited Discussants
V. Gayathry – (Centre for Independent Journalism) – Media Freedom
Datuk Dr. Denison Jayasooria (Institute of Ethnic Studies, UKM) – National Unity & Ethnic relations
Dato’ Michael Yeoh (CEO Asian Strategy & Leadership Institute) tbc – Business/Economic perspective
Maria Chin Abdullah (EMPOWER) – Gender issues
Nora Murat (Amnesty International Malaysia) – Human Rights
4:40PM – 4:50PM :Tea Break
4:50 PM – 6:00 PM:Comments from participants of the RTD
Friday, July 17, 2009
SUHAKAM: HUMAN RIGHTS STANDARDS MUST BE MAINTAINED AND PRACTISED DURING INVESTIGATIONS AND INTERROGATIONS BY THE MACC AND ALL OTHER ENFORCEMENT AGENCI
The Human Rights Commission of Malaysia (SUHAKAM) is concerned and deeply disturbed by the unfortunate death of Teoh Beng Hock, the aide to a Selangor state executive council member, who was assisting the Malaysian Anti-Corruption Commission (MACC)’s investigation into the allegations of misuse of constituency development funds by several State Assemblymen.
It was reported that Teoh was brought to the MACC office in Shah Alam at around 6.00 pm in the evening and was released at around 3.45 am the next morning to assist the agency’s investigation. SUHAKAM is of the view that such long continuous process of investigation could amount to mental torture.
According to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, torture involves any act inflicted on a person for obtaining from him or a third person information or confession with the consent or acquiescence of a public official or other person acting in an official capacity. SUHAKAM has, since 2003, continuously recommended to the Government to sign or accede to the said Convention. SUHAKAM strongly believes that by doing so, the Government will have an effective framework and show of commitment to address problems related to torture, cruel, inhuman and degrading treatment or punishment in the country. SUHAKAM urges the Government to seriously consider signing or acceding to the Convention.
Additionally, this is not the first complaint SUHAKAM received against the MACC. In the year 2008, SUHAKAM recorded two complaints against the MACC’s officers in conducting investigations where they have been allegedly using force. The matter has been referred to the Police for investigation and SUHAKAM has yet to receive the development on the two cases from the Police.
SUHAKAM will carry out an independent investigation into this incident and if deemed appropriate after further investigations will decide at the next monthly meeting whether a Public Inquiry should be carried out.
Meanwhile SUHAKAM urges the MACC and other enforcement agencies to ensure that Human Rights standards are maintained and practised at all times, including in the course of interrogating witnesses and suspects.
- end -
“HUMAN RIGHTS FOR ALL”
TAN SRI DATUK SERI PANGLIMA SIMON SIPAUN
Vice Chairman
DATO’ DR MICHAEL YEOH
Chairperson, Economic, Social, Cultural, Civil and Political Rights Working Group
DATO’ CHOO SIEW KIOH
Chairperson, International Issues and Cooperation Committee
DATUK DR DENISON JAYASOORIA
Commissioner, Human Rights Commission of Malaysia (SUHAKAM)
17 July 2009
It was reported that Teoh was brought to the MACC office in Shah Alam at around 6.00 pm in the evening and was released at around 3.45 am the next morning to assist the agency’s investigation. SUHAKAM is of the view that such long continuous process of investigation could amount to mental torture.
According to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, torture involves any act inflicted on a person for obtaining from him or a third person information or confession with the consent or acquiescence of a public official or other person acting in an official capacity. SUHAKAM has, since 2003, continuously recommended to the Government to sign or accede to the said Convention. SUHAKAM strongly believes that by doing so, the Government will have an effective framework and show of commitment to address problems related to torture, cruel, inhuman and degrading treatment or punishment in the country. SUHAKAM urges the Government to seriously consider signing or acceding to the Convention.
Additionally, this is not the first complaint SUHAKAM received against the MACC. In the year 2008, SUHAKAM recorded two complaints against the MACC’s officers in conducting investigations where they have been allegedly using force. The matter has been referred to the Police for investigation and SUHAKAM has yet to receive the development on the two cases from the Police.
SUHAKAM will carry out an independent investigation into this incident and if deemed appropriate after further investigations will decide at the next monthly meeting whether a Public Inquiry should be carried out.
Meanwhile SUHAKAM urges the MACC and other enforcement agencies to ensure that Human Rights standards are maintained and practised at all times, including in the course of interrogating witnesses and suspects.
- end -
“HUMAN RIGHTS FOR ALL”
TAN SRI DATUK SERI PANGLIMA SIMON SIPAUN
Vice Chairman
DATO’ DR MICHAEL YEOH
Chairperson, Economic, Social, Cultural, Civil and Political Rights Working Group
DATO’ CHOO SIEW KIOH
Chairperson, International Issues and Cooperation Committee
DATUK DR DENISON JAYASOORIA
Commissioner, Human Rights Commission of Malaysia (SUHAKAM)
17 July 2009
Wednesday, July 15, 2009
Court: Demolition of church unlawful
by Hafiz Yatim (Malaysiakini)
The Kota Bharu High Court today ruled that the Gua Musang local authority had unlawfully demolished a church building in an Orang Asli settlement.
Justice Mohd Azlan Hashim ordered the local authority to pay damages and costs.
"It acted unlawfully to demolish the church without giving a due notice of 30 days,” he said.
He also declared that the authority's move to put up a multi-purpose building on the site of the church was an act of trespass".
The judge has ordered the court registrar to assess the exemplary damages and costs at a later date.
The Temiar Orang Asli community of Kampung Jias was represented by Lum Chee Seng and N Subramaniyan.
Kelantan legal adviser Khalid Anwar represented the state government and other agencies.
Chronology of events
The case was filed on July 1, 2007 by village head Pedik Busu and three villagers, who named the Gua Musang District Council head, the Gua Musang Assistant Land and District Officer and the PAS-led state government as respondents.
According to Pastor Moses Soo, the community had embraced Christianity in February 2007 and wanted to erect a small church to mark their faith.
After consulting the Village Development and Security Committee and the Department of Orang Asli Affairs, they proceeded with the construction with the help of volunteers and donations.
On April 11, the Gua Musang district land office issued a 'stop work' order. The letter stated that the construction was being carried out on state land without permission from the authorities.
However, the National Evangelical Christian Fellowship of Malaysia told the land office that the site belonged to the villagers.
In spite of this, another 'stop work' order was issued on April 19, followed by notice dated May 24 that the building would be demolished. The bulldozers arrived on June 4.
(Source: Malaysiakini, July 15, 2009 at 11.40am)
The Kota Bharu High Court today ruled that the Gua Musang local authority had unlawfully demolished a church building in an Orang Asli settlement.
Justice Mohd Azlan Hashim ordered the local authority to pay damages and costs.
"It acted unlawfully to demolish the church without giving a due notice of 30 days,” he said.
He also declared that the authority's move to put up a multi-purpose building on the site of the church was an act of trespass".
The judge has ordered the court registrar to assess the exemplary damages and costs at a later date.
The Temiar Orang Asli community of Kampung Jias was represented by Lum Chee Seng and N Subramaniyan.
Kelantan legal adviser Khalid Anwar represented the state government and other agencies.
Chronology of events
The case was filed on July 1, 2007 by village head Pedik Busu and three villagers, who named the Gua Musang District Council head, the Gua Musang Assistant Land and District Officer and the PAS-led state government as respondents.
According to Pastor Moses Soo, the community had embraced Christianity in February 2007 and wanted to erect a small church to mark their faith.
After consulting the Village Development and Security Committee and the Department of Orang Asli Affairs, they proceeded with the construction with the help of volunteers and donations.
On April 11, the Gua Musang district land office issued a 'stop work' order. The letter stated that the construction was being carried out on state land without permission from the authorities.
However, the National Evangelical Christian Fellowship of Malaysia told the land office that the site belonged to the villagers.
In spite of this, another 'stop work' order was issued on April 19, followed by notice dated May 24 that the building would be demolished. The bulldozers arrived on June 4.
(Source: Malaysiakini, July 15, 2009 at 11.40am)
Tuesday, July 14, 2009
SUHAKAM TO HOLD A PUBLIC INQUIRY
EDITOR, NEWS DESK
FOR IMMEDIATE RELEASE
PRESS STATEMENT
The Human Rights Commission of Malaysia (SUHAKAM) at its monthly meeting on 13 July 2009 has decided to hold a Public Inquiry on the arrests of five lawyers from the KL Legal Aid Centre outside the Brickfields Police Station on the night of 7 May 2009.
SUHAKAM has appointed a three-member Panel chaired by Commissioner Dato’ Muhammad Shafee Abdullah, and commissioners Dato’ Dr Michael Yeoh and Datuk Dr Denison Jayasooria to conduct the Public Inquiry.
The Public Inquiry will determine whether or not the arrests of the 5 lawyers contravened provisions of the Federal Constitution and other substantive and procedural criminal laws which guarantee the Right to Counsel to an arrested person and whether or not there was justification or necessity to arrest the lawyers under Section 27 of the Police Act, 1967.
- end -
“HUMAN RIGHTS FOR ALL”
TAN SRI DATUK SERI PANGLIMA SIMON SIPAUN
Human Rights Commission of Malaysia (SUHAKAM)
Vice Chairman
13 July 2009
FOR IMMEDIATE RELEASE
PRESS STATEMENT
The Human Rights Commission of Malaysia (SUHAKAM) at its monthly meeting on 13 July 2009 has decided to hold a Public Inquiry on the arrests of five lawyers from the KL Legal Aid Centre outside the Brickfields Police Station on the night of 7 May 2009.
SUHAKAM has appointed a three-member Panel chaired by Commissioner Dato’ Muhammad Shafee Abdullah, and commissioners Dato’ Dr Michael Yeoh and Datuk Dr Denison Jayasooria to conduct the Public Inquiry.
The Public Inquiry will determine whether or not the arrests of the 5 lawyers contravened provisions of the Federal Constitution and other substantive and procedural criminal laws which guarantee the Right to Counsel to an arrested person and whether or not there was justification or necessity to arrest the lawyers under Section 27 of the Police Act, 1967.
- end -
“HUMAN RIGHTS FOR ALL”
TAN SRI DATUK SERI PANGLIMA SIMON SIPAUN
Human Rights Commission of Malaysia (SUHAKAM)
Vice Chairman
13 July 2009
Monday, July 13, 2009
Pick leaders who can win back community, MIC delegates told.
PUTRAJAYA, July 13 (Bernama) -- The 1,400 delegates to the MIC general assembly in September must pick leaders who could win back the 1.8 million Malaysian Indians into the Barisan Nasional (BN) fold, said political analyst and renowned researcher Datuk Dr Denison Jayasooria.
"This is most important. MIC politics is not just politics involving the MIC delegates. It is really the question of who will the Indian community trust in the post-March 8, 2008 political tsunami.
"The opposition has outstanding Indian leaders who often transcend their own community and have become flag-bearers for human rights, democracy, justice, fairness, good governance and accountability. Who within MIC can face these political heroes who have captured the Indian hearts and minds?" he said in an interview with Bernama.
At the general assembly, the MIC will also hold the election for the posts of deputy president, three vice-presidents and 23 central working committee members. Long-serving party president Datuk Seri S. Samy Vellu won the MIC presidential election uncontested for a record 11th term in March, this year.
Incumbent deputy president Datuk G. Palanivel, former deputy president Datuk S. Subramaniam and party vice-president Datuk S. Sothinathan have announced their intention to contest the party's number two post.
The veep race is still uncertain with several leaders like Human Resource Minister and MIC secretary-general Datuk Dr S. Subramaniam, Federal Territories Deputy Minister and party information chief Datuk M. Saravanan and Deputy Minister in the Prime Minister's Department Datuk S.K. Devamany, who is also the MIC treasurer-general, expected to join the fray.
Denison argued that the delegates to the assembly must pick a new breed of leaders, "basically new faces who can instil confidence that the party is truly reforming in line with Prime Minister Datuk Seri Najib Razak's policy reform and also in line with the Indian community's expectations".
"While academic qualifications and experience can be an added value, what is most essential is for men and women with character and high moral values.
"Therefore, the delegates must consider leaders who are free from any scandal or link with gangs or criminal activities, as well as free from financial controversies," said Denison, who is also a Malaysian Human Rights Commissioner.
He said age was another factor to take into account in picking national leaders as too often those who had held their post for long were not prepared to give it up.
"The MIC delegates must elect a majority who are in their late 40's and early 50's. The urgent appeal is to drop those who have held their post for the past 10 to 15 years in the CWC.
"The MIC must take a critical but honest view of this matter. Tun Dr Mahathir Mohamad, Tun Abdullah Ahmad Badawi, Tun Dr Ling Liong Sik and Tun Dr Lim Keng Yaik have stepped down and allowed their parties to move on with younger leaders," he said.
Denison also warned about the danger of "chores singing" and heaping praises on national leaders with very little room for dissenting views and voices in today's politics. "There must be tolerance for alternative views, especially in a climate where we want innovation and creativity."
He said the delegates must also ensure that the national leadership is more inclusive of all sub-Indian communities such as Tamils, Northern Indians, Telugus, Malayalees and Ceylon Tamils, as well as Indian Christians, Indian Muslims and Sikhs alongside the dominant Hindu leaders.
He also called on them to elect leaders who have clear understanding of the community's expectations and the aspirations of the other communities in Malaysia, instead of those who espouse strong racial and religious views for political expectancy.
"Failure to choose the right political leaders will further impact the credibility of the party and its leadership in the eyes of the Indian community and other communities in Malaysia, and this will further erode the party's role in the community, government and nation.
"Therefore, the time is ripe for the MIC not in its old form but renewed under a new leadership to ride the tide of change with a dynamic prime minister and his public policies. The future of the party is in the hands of the delegates," he said.
-- BERNAMA
"This is most important. MIC politics is not just politics involving the MIC delegates. It is really the question of who will the Indian community trust in the post-March 8, 2008 political tsunami.
"The opposition has outstanding Indian leaders who often transcend their own community and have become flag-bearers for human rights, democracy, justice, fairness, good governance and accountability. Who within MIC can face these political heroes who have captured the Indian hearts and minds?" he said in an interview with Bernama.
At the general assembly, the MIC will also hold the election for the posts of deputy president, three vice-presidents and 23 central working committee members. Long-serving party president Datuk Seri S. Samy Vellu won the MIC presidential election uncontested for a record 11th term in March, this year.
Incumbent deputy president Datuk G. Palanivel, former deputy president Datuk S. Subramaniam and party vice-president Datuk S. Sothinathan have announced their intention to contest the party's number two post.
The veep race is still uncertain with several leaders like Human Resource Minister and MIC secretary-general Datuk Dr S. Subramaniam, Federal Territories Deputy Minister and party information chief Datuk M. Saravanan and Deputy Minister in the Prime Minister's Department Datuk S.K. Devamany, who is also the MIC treasurer-general, expected to join the fray.
Denison argued that the delegates to the assembly must pick a new breed of leaders, "basically new faces who can instil confidence that the party is truly reforming in line with Prime Minister Datuk Seri Najib Razak's policy reform and also in line with the Indian community's expectations".
"While academic qualifications and experience can be an added value, what is most essential is for men and women with character and high moral values.
"Therefore, the delegates must consider leaders who are free from any scandal or link with gangs or criminal activities, as well as free from financial controversies," said Denison, who is also a Malaysian Human Rights Commissioner.
He said age was another factor to take into account in picking national leaders as too often those who had held their post for long were not prepared to give it up.
"The MIC delegates must elect a majority who are in their late 40's and early 50's. The urgent appeal is to drop those who have held their post for the past 10 to 15 years in the CWC.
"The MIC must take a critical but honest view of this matter. Tun Dr Mahathir Mohamad, Tun Abdullah Ahmad Badawi, Tun Dr Ling Liong Sik and Tun Dr Lim Keng Yaik have stepped down and allowed their parties to move on with younger leaders," he said.
Denison also warned about the danger of "chores singing" and heaping praises on national leaders with very little room for dissenting views and voices in today's politics. "There must be tolerance for alternative views, especially in a climate where we want innovation and creativity."
He said the delegates must also ensure that the national leadership is more inclusive of all sub-Indian communities such as Tamils, Northern Indians, Telugus, Malayalees and Ceylon Tamils, as well as Indian Christians, Indian Muslims and Sikhs alongside the dominant Hindu leaders.
He also called on them to elect leaders who have clear understanding of the community's expectations and the aspirations of the other communities in Malaysia, instead of those who espouse strong racial and religious views for political expectancy.
"Failure to choose the right political leaders will further impact the credibility of the party and its leadership in the eyes of the Indian community and other communities in Malaysia, and this will further erode the party's role in the community, government and nation.
"Therefore, the time is ripe for the MIC not in its old form but renewed under a new leadership to ride the tide of change with a dynamic prime minister and his public policies. The future of the party is in the hands of the delegates," he said.
-- BERNAMA
Sunday, July 12, 2009
Dato Seri Najib and Indian Political Struggle
By Datuk Dr Denison Jayasooria
Datuk Seri Najib Tun Razak has captured a large section of the Malaysian community through his numerous new policy initiatives pertaining to economic reform and liberalization which are bold moves to address fundament issues during this economic down turn. His bold and decisive leadership in seeking to address delivery and implementation through public institutions is timely. In a similar way his 1Malaysia concept and his willingness to engage with all people through an accessible medium the internet is indeed praiseworthy.
While Datuk Seri Najib has passed the first 100 days with flying colors nonetheless there are many critical issues pertaining to democratic governance which must be address in the medium and long term. In addition creating a more inclusive society and addressing many socio-economic and cultural-religious concerns will require greater negotiations and unbiased reliance on the principles of human rights, justice and fairness for all the diverse ethnic and sub ethnic groups in Malaysia.
Political Vacuum in the Indian Community
However one weak link in the realization of this 1Malaysia concept is the vacuum in the Indian leadership within the Barisian National. While MIC has been the sole Indian partner alongside the UMNO and MCA, however since March 8, 2008 critical issues have emerged revealing the weakness of the BN especially the weak performance of MCA, MIC, Gerakan and PPP. These issues have been well documented by political analyst.
MIC has lost the Indian base and the emergence of a team of young and dynamic politicians in the Opposition front has further weaken the leadership MIC has given the Indian community especially in representing their interest at the Federal, State and local governments. This monopoly has been broken and there is fear if MIC can ever recapture the India vote as before for the BN.
However the recent events in the political landscape have raised concerns within the Indian community if the Opposition parties are truly able and willing to address the Indian concerns in an effective way as promised during the election period. There is therefore some lose of confidence with state and local governments in the control of opposition parties.
Furthermore the change in leadership of Prime Ministers from Abdullah to Najib and direct approach adopted by Datuk Seri Seri Najib in reaching out to the Indian community has earned him the support of a sizable number of Malaysian Indians as reflected in the Merdeka polls. His willingness to meet and dialogue with the Makal Sakthi leaders and the release of the Hindraft leaders from ISA detention has now neturalised this group and won some over as friends.
Indian Minority Grievances
There is a continuing need beyond the 100 days for the Prime Minister to address the specific grievances of the Indian low income families with special reference to social inclusion and access to urban poverty eradication programmes, small and micro business development especially in terms of business loans and training, ensuring better educational performance at the pre, primary, secondary schools and more opportunities in post secondary institutions. Ensuring greater employment opportunities in the civil service and investment in enlarging equity are essential.
It is of utmost importance that Datuk Seri Najib sees these pragmatic socio-economic development concerns from a social needs based approach alongside other poor and disadvantaged groups. Adopting similar approaches like that in addressing poverty among Malay poor is essential. In addition adequate budget and infrastructure of personal and designated delivery institutions are of utmost importance. These must be measured by KPI’s and outcome measures. In a similar way other minorities among the Bumiputra communities like the Orang Asli and natives of Sabah and Sarawak must be systematically addressed. In this way the social justice and social inclusion component of 1Malaysia will be realised. Greater publicity of opportunities and outcomes must be disseminated to all in a transparent and accountable way.
MIC Party Elections in September 2009
Returning to the theme of Indian leadership vacuum in the Barisan National it is therefore imperative for the MIC to re-look at itself very carefully especially as the party in going to elect national leaders in September.
As the delegates select the Deputy President, Vice Presidents and members of the Central Working Committee they could consider these simple criteria’s.
Firstly, elect leaders who will be able to win back the Indian community. This is most important. MIC politics is not just the politics within the MIC delegates. It is really the question of who would the Indian community trust in the post-March 8, 2008 political tsunami. Opposition has outstanding Indian leaders who often transcend their own community and have become flag barer for human rights, democracy, justice, fairness, good governance and accountability. Who within MIC can face these political heroes who have captured the Indian hearts and minds?
Secondly, the delegates must elect a new breed of political leaders. They must be basically new faces who can instill confidence that the party is truly reforming in line with the PM’s policy reform but also in line with the Indian community expectations. While academic qualifications and experience can be an added value however what is most essential is for men and women with character and high moral values.
Therefore the delegates must now consider leaders who are free from any kind of scandals such as link with gangs or criminal activities or associated with it. They also must be free from financial controversies.
Thirdly, age is a critical factor. Too often those who have held the post for long are not prepared to give up their position. MIC delegates must elect a majority who are in their late 40’s and early 50s. Urgent appeal is to drop those who have held post for the past 10 to 15 years in the CWC.
MIC must take a critical but honest look on this matter. Tun Dr Mahthir Mohamad, Tun Abdullah Ahmad Badawi, Tun Ling Liong Siek & Tun Lim Keng Yeik have stepped down and allowed their parties to move on with younger leaders. They have played their role and for love of the party and community they have ended their role as party leaders and role in government. However they continue to make tremendous contributions to nation building.
Tun Dr Mahthir’s views still dominate political thought and keep many a political leader in check. These are healthy sign of a vibrant democracy and speaking up is essential. The danger in today’s political culture is ‘chores singing’ and heaping up praises for national leaders with very little room for dissenting views and voices. There must be tolerance for alternative views especially in a climate where we want innovation and creativity.
UMNO and MCA have undergone a dramatic leadership change. Many senior UMNO and MCA leaders who won in the last general elections as MPs are now sitting as back benchers. There is honor in politics to make way for the next generation of leaders to take the mantel and become trail blasers especially in preparing for the next General Elections and in finding solutions to critical community and national concerns.
MIC leadership especially the delegates must think not for themselves but for the Indian community & Barisan National as a whole. They must take a bold step towards change and this can only begin with MIC leaders in their 50s taking over the mantel of leadership and riding alongside a young Prime Minister with an agenda for socio-economic reform. A failure to this will be further devastating for the MIC as it might be further left behind.
Fourthly, the delegates must not just think of male politicians only as it is traditional done but also women to serve in political leadership. Women form a major portion of the MIC membership and they have served well in the past and they can bring a pleasant change to the political vacuum if more assume leadership. Therefore there must be an increase of women with the MIC leadership at the Centre Working Committee.
Fifthly, delegates must ensure that the national leadership is more inclusive of all sub Indian communities such as Tamils, North Indians (including Punjabis), Telugus, Malayees and Celyon Tamils. There must be inclusion of Indian Christians, Indian Muslims and Sikhs alongside the dominant Hindu leaders. Delegates must exercise greater wisdom in ensuring the Indian diversity and richness of tradition is captured not just by tokenism but authentic partnership in the political landscape of the Barisan National. If this is not possible through elections then the MIC President must use his powers in appointing members to ensure women and sub minorities are adequately represented in the CWC.
The MIC has a rich tradition and heritage historically where thousands of leaders at the grassroots served the community and nation. My late father Daniel Jayaratnam was one such man alongside Tun Sambanthan in the independence and early period of our nation. It is therefore imperative for MIC to return to the early achievements. The political climate is today ready for a renewed-revitalized MIC under new leadership to steer the party for the best interest of the community and nation. The new agenda of Najib as PM has won ordinary people. The weaknesses in the opposition especially with recent turn of events in the Indian community have created doubt in the hearts and minds of the Indian people.
Sixthly, the delegates must elect party leaders who have a clear understanding of the community expectations and also the aspirations of other communities in Malaysia. Often during party elections many politicians take very strong racial and religious stands for political expectancy. However we need Malaysian Indian leaders who have a true Malaysian framework, holding a balance between community expectations and national interest. Our nation needs men and women who will do the right thing for the common good of all Malaysians and who are willing to make a public stand for what is true and good for the nation and be held accountable for them.
Time for change is now
Therefore the time is ripe for the MIC not in its old form but renewed under new leadership to ride the tide of change with a dynamic Prime Minister and his public policies. The future of the party is in the hands of the delegates. Restoring democracy within the party and voting without fear or favor is essential. Speaking up and taking a clear stand for truth, honesty, fairness, equality and justice is a must. The party should not be lead by a team who feel only obligated to their senior politicians. They must have their own mind.
Failure to choose the right political leaders will further impact the credibility of the party and its leadership in the eyes of the Indian community and other communities in Malaysia. This will further erode the party role in the community, government and nation.
History will judge the delegates for the decisions they take in the September party election. Our prayer is that they will do the right and honorable thing for the advancement of the party, community and nation. ‘So help us God’.
Datuk Seri Najib Tun Razak has captured a large section of the Malaysian community through his numerous new policy initiatives pertaining to economic reform and liberalization which are bold moves to address fundament issues during this economic down turn. His bold and decisive leadership in seeking to address delivery and implementation through public institutions is timely. In a similar way his 1Malaysia concept and his willingness to engage with all people through an accessible medium the internet is indeed praiseworthy.
While Datuk Seri Najib has passed the first 100 days with flying colors nonetheless there are many critical issues pertaining to democratic governance which must be address in the medium and long term. In addition creating a more inclusive society and addressing many socio-economic and cultural-religious concerns will require greater negotiations and unbiased reliance on the principles of human rights, justice and fairness for all the diverse ethnic and sub ethnic groups in Malaysia.
Political Vacuum in the Indian Community
However one weak link in the realization of this 1Malaysia concept is the vacuum in the Indian leadership within the Barisian National. While MIC has been the sole Indian partner alongside the UMNO and MCA, however since March 8, 2008 critical issues have emerged revealing the weakness of the BN especially the weak performance of MCA, MIC, Gerakan and PPP. These issues have been well documented by political analyst.
MIC has lost the Indian base and the emergence of a team of young and dynamic politicians in the Opposition front has further weaken the leadership MIC has given the Indian community especially in representing their interest at the Federal, State and local governments. This monopoly has been broken and there is fear if MIC can ever recapture the India vote as before for the BN.
However the recent events in the political landscape have raised concerns within the Indian community if the Opposition parties are truly able and willing to address the Indian concerns in an effective way as promised during the election period. There is therefore some lose of confidence with state and local governments in the control of opposition parties.
Furthermore the change in leadership of Prime Ministers from Abdullah to Najib and direct approach adopted by Datuk Seri Seri Najib in reaching out to the Indian community has earned him the support of a sizable number of Malaysian Indians as reflected in the Merdeka polls. His willingness to meet and dialogue with the Makal Sakthi leaders and the release of the Hindraft leaders from ISA detention has now neturalised this group and won some over as friends.
Indian Minority Grievances
There is a continuing need beyond the 100 days for the Prime Minister to address the specific grievances of the Indian low income families with special reference to social inclusion and access to urban poverty eradication programmes, small and micro business development especially in terms of business loans and training, ensuring better educational performance at the pre, primary, secondary schools and more opportunities in post secondary institutions. Ensuring greater employment opportunities in the civil service and investment in enlarging equity are essential.
It is of utmost importance that Datuk Seri Najib sees these pragmatic socio-economic development concerns from a social needs based approach alongside other poor and disadvantaged groups. Adopting similar approaches like that in addressing poverty among Malay poor is essential. In addition adequate budget and infrastructure of personal and designated delivery institutions are of utmost importance. These must be measured by KPI’s and outcome measures. In a similar way other minorities among the Bumiputra communities like the Orang Asli and natives of Sabah and Sarawak must be systematically addressed. In this way the social justice and social inclusion component of 1Malaysia will be realised. Greater publicity of opportunities and outcomes must be disseminated to all in a transparent and accountable way.
MIC Party Elections in September 2009
Returning to the theme of Indian leadership vacuum in the Barisan National it is therefore imperative for the MIC to re-look at itself very carefully especially as the party in going to elect national leaders in September.
As the delegates select the Deputy President, Vice Presidents and members of the Central Working Committee they could consider these simple criteria’s.
Firstly, elect leaders who will be able to win back the Indian community. This is most important. MIC politics is not just the politics within the MIC delegates. It is really the question of who would the Indian community trust in the post-March 8, 2008 political tsunami. Opposition has outstanding Indian leaders who often transcend their own community and have become flag barer for human rights, democracy, justice, fairness, good governance and accountability. Who within MIC can face these political heroes who have captured the Indian hearts and minds?
Secondly, the delegates must elect a new breed of political leaders. They must be basically new faces who can instill confidence that the party is truly reforming in line with the PM’s policy reform but also in line with the Indian community expectations. While academic qualifications and experience can be an added value however what is most essential is for men and women with character and high moral values.
Therefore the delegates must now consider leaders who are free from any kind of scandals such as link with gangs or criminal activities or associated with it. They also must be free from financial controversies.
Thirdly, age is a critical factor. Too often those who have held the post for long are not prepared to give up their position. MIC delegates must elect a majority who are in their late 40’s and early 50s. Urgent appeal is to drop those who have held post for the past 10 to 15 years in the CWC.
MIC must take a critical but honest look on this matter. Tun Dr Mahthir Mohamad, Tun Abdullah Ahmad Badawi, Tun Ling Liong Siek & Tun Lim Keng Yeik have stepped down and allowed their parties to move on with younger leaders. They have played their role and for love of the party and community they have ended their role as party leaders and role in government. However they continue to make tremendous contributions to nation building.
Tun Dr Mahthir’s views still dominate political thought and keep many a political leader in check. These are healthy sign of a vibrant democracy and speaking up is essential. The danger in today’s political culture is ‘chores singing’ and heaping up praises for national leaders with very little room for dissenting views and voices. There must be tolerance for alternative views especially in a climate where we want innovation and creativity.
UMNO and MCA have undergone a dramatic leadership change. Many senior UMNO and MCA leaders who won in the last general elections as MPs are now sitting as back benchers. There is honor in politics to make way for the next generation of leaders to take the mantel and become trail blasers especially in preparing for the next General Elections and in finding solutions to critical community and national concerns.
MIC leadership especially the delegates must think not for themselves but for the Indian community & Barisan National as a whole. They must take a bold step towards change and this can only begin with MIC leaders in their 50s taking over the mantel of leadership and riding alongside a young Prime Minister with an agenda for socio-economic reform. A failure to this will be further devastating for the MIC as it might be further left behind.
Fourthly, the delegates must not just think of male politicians only as it is traditional done but also women to serve in political leadership. Women form a major portion of the MIC membership and they have served well in the past and they can bring a pleasant change to the political vacuum if more assume leadership. Therefore there must be an increase of women with the MIC leadership at the Centre Working Committee.
Fifthly, delegates must ensure that the national leadership is more inclusive of all sub Indian communities such as Tamils, North Indians (including Punjabis), Telugus, Malayees and Celyon Tamils. There must be inclusion of Indian Christians, Indian Muslims and Sikhs alongside the dominant Hindu leaders. Delegates must exercise greater wisdom in ensuring the Indian diversity and richness of tradition is captured not just by tokenism but authentic partnership in the political landscape of the Barisan National. If this is not possible through elections then the MIC President must use his powers in appointing members to ensure women and sub minorities are adequately represented in the CWC.
The MIC has a rich tradition and heritage historically where thousands of leaders at the grassroots served the community and nation. My late father Daniel Jayaratnam was one such man alongside Tun Sambanthan in the independence and early period of our nation. It is therefore imperative for MIC to return to the early achievements. The political climate is today ready for a renewed-revitalized MIC under new leadership to steer the party for the best interest of the community and nation. The new agenda of Najib as PM has won ordinary people. The weaknesses in the opposition especially with recent turn of events in the Indian community have created doubt in the hearts and minds of the Indian people.
Sixthly, the delegates must elect party leaders who have a clear understanding of the community expectations and also the aspirations of other communities in Malaysia. Often during party elections many politicians take very strong racial and religious stands for political expectancy. However we need Malaysian Indian leaders who have a true Malaysian framework, holding a balance between community expectations and national interest. Our nation needs men and women who will do the right thing for the common good of all Malaysians and who are willing to make a public stand for what is true and good for the nation and be held accountable for them.
Time for change is now
Therefore the time is ripe for the MIC not in its old form but renewed under new leadership to ride the tide of change with a dynamic Prime Minister and his public policies. The future of the party is in the hands of the delegates. Restoring democracy within the party and voting without fear or favor is essential. Speaking up and taking a clear stand for truth, honesty, fairness, equality and justice is a must. The party should not be lead by a team who feel only obligated to their senior politicians. They must have their own mind.
Failure to choose the right political leaders will further impact the credibility of the party and its leadership in the eyes of the Indian community and other communities in Malaysia. This will further erode the party role in the community, government and nation.
History will judge the delegates for the decisions they take in the September party election. Our prayer is that they will do the right and honorable thing for the advancement of the party, community and nation. ‘So help us God’.
Saturday, July 11, 2009
In Brickfields, a Najib corners the Indian vote
By Baradan Kuppusamy
KUALA LUMPUR, July 11 — At the popular Restaurant Sri Kotumalai in the predominantly Indian neighbourhood of Brickfields a large picture of the prime minister hangs on a wall with the words “Najib’s Corner” printed on the side.
The photograph shows a smiling Datuk Seri Najib Razak surrounded by successful Indian traders drinking tea, an image hundreds if not thousands of customers must have seen since it first went up on April 4.
This is just one example of the direct approach that Najib took and is taking after becoming Prime Minister on April 3 to win the hearts and minds of an Indian community deeply alienated in the run up to the March 8, 2008 general election and which had overwhelmingly voted for the Pakatan Rakyat.
Najib’s battle to improve Indian perception started a day after he was sworn in as prime minister on April 3 with his visit to Brickfields which some consider as the heart of the Hindraf and Makkal Sakthi movement.
It was at a huge gathering in Brickfields that Indian voters first heard opposition leader Anwar Ibrahim and Lembah Pantai candidate Nurul Izzah Anwar, his daughter, speak for the Indian community by offering help and promising to right wrongs.
Nurul went on to defeat Shahrizat Abdul Jalil, the then Women, Family and Community Development Minister, and take her place in parliament.
The Makkal Sakthi fever helped many Pakatan Rakyat leaders win but the Indian enchantment with the coalition has now tapered off.
One hundred days since Najib becoming Prime Minister the hearts and mind battle is winning him approval and supporters in the community as a recent Merdeka Centre poll shows.
The poll shows that his approval rating is 65 per cent, up from 46 per cent in mid-May and 42 per cent just before he became the country’s sixth leader.
Twenty-two per cent are dissatisfied with his performance while 13 per cent were undecided.
Some 1,060 selected registered voters were surveyed between June 19 and July 1.
The Merdeka Centre survey shows that Najib’s support is strongest among the Malays.
Some 74 per cent of Malays polled are satisfied with his performance as PM, while the level of support among Chinese and Indians is 48 per cent and 74 per cent respectively.
“Najib has managed to capture the attention of the people with his numerous reform measures,” said political scientist Dr Denison Jayasooria, adding that the challenge now is for him to translate the promises into concrete action.
“He has to do it in the next two years,” he said.
“He provided bold leadership, showed he was willing to make unpopular but necessary decisions and generally convinced the people that he is a leader to be taken seriously,” Dr Denison said.
One area for concern in his first 100 days is the poor treatment of dissenting voices and his commitment to promoting human rights, which were key concerns of Tun Abdullah Badawi.
“It is not so much Najib is lacking in human rights concerns but police and other agencies have been showing considerable intolerance to dissenters and it reflects on his administration,” Dr Denison said.
“He has to improve on this score in the next two years,” he said.
Putting it all together, he said, he is not surprised there is disappointment with the PR alliance and a significant spike in Indian support for the new prime minister.
“Here is a golden opportunity for the MIC to ride back into favour. They just have to ride on Najib’s reform and to consensus emerging around him to win back Indian support,” he said.
However to do it, the MIC has to promote younger leaders under a new face as party leader, Dr Denison said, referring to the refusal of MIC president Datuk Seri S. Samy Vellu to step aside for a new face.
“This is a major setback for the MIC,” he said.
(Source: www.themalaysianinsider.com July 11, 2009)
Wednesday, July 08, 2009
Indian Studies Department, University Malaya & the recent appointment of a non Indian acting head: Some reflections
By Datuk Dr Denison Jayasooria
The recent move by University Malaya to appoint an acting Head who is a non Indian to head the department raises much concern regarding matters pertaining with appointments and management of academic centres and departments in public universities.
It is rumored that the appointment was made as a temporary arrangement as this was the only way out when the appointment of an Indian as the head was unacceptable to other Indians in the department. The issue is seen as infighting within the department and the only way was for the administration to appoint a non Indian with the academic background in an acting position to bring some solution to this administrative conflict among the Indian faculty within the department.
There is an outcry from Indian based political parties and the community on this appointment which is seen as yet another attempt in eroding the identity, position and role of the Malaysian Indian community.
However I would like to expound an alternate view in the light of the PM’s 1Malaysia concept. We must from now on begin to disengage using a race or ethnic framework and shift it more towards merit, qualifications, expertise and performance especially in academic institutions.
The central criteria for any appoint as head, professor, associate professor and becoming a lecture should be based not on ethnicity but expertise, academic achievements. In the case of the Indian Studies Department then language and cultural expertise are essential dimensions as core competencies.
The criteria of qualifications, academic performance and subject expertise should be the criteria for selection. This is already applied in other fields like American, European studies in local public Universities. None Americans and non Europeans are currently teaching these subjects in Malaysia.
If one applied such a principle then the Head of Malay Studies could be a non-Malay and in the case of Chinese Studies a non-Chinese could be appointed. What is most critical is does the individual appointed have the academic expertise with the required credentials. This is the way forward for Malaysia where we must transcend racial and ethnic thinking by providing equal opportunities to all.
In a similar way, institutions such as Dewan Bahasa dan Pustaka must also being to recruit non Malays who have the expertise in the Malaya language. Likewise encouraging cross cultural and linguistic studies among Malaysians is essential.
There is also an urgent need for University Malaya to review the Department of Indian Studies and its contemporary relevance in a globalised world. We know that the Department was established in 1956 and has had some outstanding academics such as Prof Arasaratnam and Prof KS Sandhu and many others. There are hundreds of graduates who have graduated from this department and have made lasting contributions to Malaysian society.
We also know that the current focus of the department is on linguistic, literature, religious and socio-cultural heritage of the Indian community. However the department has been weak in the historical, socio-political and economic aspects on the Indian community as no major research has been undertaken or published in this area on par with the works of Arasratnam or KS Sandhu. This dimension with economist, sociologist, anthropologist, political and historical aspects must be strengthened.
In addition should not the department also incorporate India and South Asian Studies and therefore become a more dynamic institution in the light of the political, economic, social and intellectual developments in India and South Asia today? Should it not become more contemporary and relevant with the newly emerged field of Diaspora studies especially on the global Indian community?
It is therefore imperative for us all to ask what is the way forward for this department in modern Malaysia in the context of globalization? Would the University consider hosting a Round Table Discussion among academic and community groups to see how this department can continue to provide outstanding intellectual leadership in Malaysia.
The recent move by University Malaya to appoint an acting Head who is a non Indian to head the department raises much concern regarding matters pertaining with appointments and management of academic centres and departments in public universities.
It is rumored that the appointment was made as a temporary arrangement as this was the only way out when the appointment of an Indian as the head was unacceptable to other Indians in the department. The issue is seen as infighting within the department and the only way was for the administration to appoint a non Indian with the academic background in an acting position to bring some solution to this administrative conflict among the Indian faculty within the department.
There is an outcry from Indian based political parties and the community on this appointment which is seen as yet another attempt in eroding the identity, position and role of the Malaysian Indian community.
However I would like to expound an alternate view in the light of the PM’s 1Malaysia concept. We must from now on begin to disengage using a race or ethnic framework and shift it more towards merit, qualifications, expertise and performance especially in academic institutions.
The central criteria for any appoint as head, professor, associate professor and becoming a lecture should be based not on ethnicity but expertise, academic achievements. In the case of the Indian Studies Department then language and cultural expertise are essential dimensions as core competencies.
The criteria of qualifications, academic performance and subject expertise should be the criteria for selection. This is already applied in other fields like American, European studies in local public Universities. None Americans and non Europeans are currently teaching these subjects in Malaysia.
If one applied such a principle then the Head of Malay Studies could be a non-Malay and in the case of Chinese Studies a non-Chinese could be appointed. What is most critical is does the individual appointed have the academic expertise with the required credentials. This is the way forward for Malaysia where we must transcend racial and ethnic thinking by providing equal opportunities to all.
In a similar way, institutions such as Dewan Bahasa dan Pustaka must also being to recruit non Malays who have the expertise in the Malaya language. Likewise encouraging cross cultural and linguistic studies among Malaysians is essential.
There is also an urgent need for University Malaya to review the Department of Indian Studies and its contemporary relevance in a globalised world. We know that the Department was established in 1956 and has had some outstanding academics such as Prof Arasaratnam and Prof KS Sandhu and many others. There are hundreds of graduates who have graduated from this department and have made lasting contributions to Malaysian society.
We also know that the current focus of the department is on linguistic, literature, religious and socio-cultural heritage of the Indian community. However the department has been weak in the historical, socio-political and economic aspects on the Indian community as no major research has been undertaken or published in this area on par with the works of Arasratnam or KS Sandhu. This dimension with economist, sociologist, anthropologist, political and historical aspects must be strengthened.
In addition should not the department also incorporate India and South Asian Studies and therefore become a more dynamic institution in the light of the political, economic, social and intellectual developments in India and South Asia today? Should it not become more contemporary and relevant with the newly emerged field of Diaspora studies especially on the global Indian community?
It is therefore imperative for us all to ask what is the way forward for this department in modern Malaysia in the context of globalization? Would the University consider hosting a Round Table Discussion among academic and community groups to see how this department can continue to provide outstanding intellectual leadership in Malaysia.
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