Sunday, September 20, 2020

'Eye for an eye' arguement is FOOLISH and unjust reason for protesting abolition of Mandatory death penalty? Death sentence still possible after mandatory sentence abolished?

EYE FOR AN EYE - for some, this means that if a person kills another, the one who kills will also be killed. For a person who rapes another, should the rapist be raped? For a person who injures another causing him to lose a hand, then cut of the hand of the perpetrator. What about a Minister who 'stole' our money - who commits kleptocracy, etc?

No doubt, criminal need to be punished - should someone who caused the death of another be hanged to death. What about your employer, who did not provide a safe workplace, and it resulted in a worker being killed - kill that employer too? A drunk driver that causing an accident killing someone - hang him to death too?

Mahatma Gandhi allegedly used this phrase in the context of universal harmony: "An eye for an eye only ends up making the whole world blind." Coretta Scott King(partner of Martin Luther King,  later used this phrase in the context of racial violence: "The old law of an eye for an eye leaves everyone blind."
Many who take that position of an 'eye for an eye' really may have no friend, family or friend that has been executed - or is waiting to be hanged to death.

Is DEATH a punishment - after death, the criminal fells nothing > Is not long prison term really a worse punishment?

Who decides on the sentence? When it comes to MANDATORY death penalty, Parliament decided that everyone found guilty of murder will face the one and only punishment - HANGED BY THE NECK TO DEATH.

But what about an abused wife, who finally cannot take it - and hits her husband, and he dies. She is guilty of Murder - so, she too will be hanged to death.

A rich man orders or pays A, B and C to kill V. A, B and C gets caught and they are all found guilty of Murder. Now, A was the one who actually killed - B and C followed him, but really may not have not beaten or killed. C was the 19 year old brother of A, and he followed A not even knowing the plan. Mandatory Death Penalty means all 3 will be hanged to death. The judge has NO CHOICE to sentence B and C to a lesser sentence. The rich man usually escapes despite his order or payment to kill.

Why abolish mandatory death penalty? Well, this gives the JUDGE after hearing all the facts and evidence to make a just and appropriate sentence - he may still sentence A(the actual killer to death), and sentence B and C to prison sentences - maybe young C to a lesser prison term. 

Now, if A helps the police identify and provide evidence so that Rich man is also caught and prosecuted. Then maybe, for this 'assistance' - the judge may not sentence A to death but instead to a long prison sentence > so, the abolition of the mandatory death penalty will increase the possibility of those who ordered or paid others to kill to also be caught and prosecuted. After all, A, B and/or C would not have killed anyone if not for the fact they were paid to kill.

Poverty - A may have a family and they have no money for rent, and the following month they may be evicted. So, desperate A agreed to receive maybe RM10,000 from A to kill the victim. Does poor A deserve the death penalty? 

MANDATORY DEATH PENALTY now is there for about 10 offences > and guess what, only about 3 crimes result in the death of the victim - there is no death caused in the other 7 crimes. So, even 'eye for an eye' position cannot be justified for the mantaining of the mandatory death penalty in offences where no one dies.

There are several kinds of mandatory death penalty offences in Malaysia

a) Where death results; and 
b) Where no death results by reason of committing the said offence that carries the mandatory death penalty.

In the first category, where death results, there are really only 3 offences - 

a) Murder(sec. 302 Penal Code), 

b) Committing terrorist acts where the act results in death (sec. 130C (1)(a) ]; and 

c) Hostage taking where the act results in death (sec. 374(a) Penal Code)

In there second category, where death is not the result

a) Drug Trafficking (sec. 39B Dangerous Drugs Act 1952

AND, in certain listed offenses where a firearm is discharged, both the person who discharged the firearm and the accomplices will face the mandatory death penalty [Firearms (Increased Penalties Act 1971 - section 3 and 3A with reference to the Schedule in the Act]

1. Extortion 

2. Robbery.

3. The preventing or resisting by any person, of his own arrest or the arrest of another by a police officer or any other person lawfully empowered to make the arrest.

4. Escaping from lawful custody.

5. Abduction or kidnapping under sections 363 to 367 of the Penal Code and section 3 of the Kidnapping Act 1961 [Act 365].

6. House-breaking or house-trespass under sections 454 to 460 of the Penal Code.
** So, one person shoots a gun not even aiming at anyone, he and all accomplices will be sentenced to hang to death if convicted. But if the criminals just brought knives and even slashed a few of the victims, they will not be sentenced to mandatory death > an odd and unjust offence - the intention seems to be against the people getting or having firearms. What about the Altantuya case, where she was allegedly killed with a bomb(C4) - was there any investigation as to who supplied the C4 - was anyone charged?

Interestingly, there are also many other offences where death results that do not even carry the death penalty, or the mandatory death penalty.

THUS, no one should object the abolition of the MANDATORY DEATH PENALTY - trust our judges to impose an appropriate, just sentence.

Mandatory death penalty today only exists in a few countries - Ghana, Iran, Malaysia, Myanmar, Nigeria, Pakistan, Saudi Arabia and Singapore

Abolishing MANDATORY DEATH PENALTY - does not mean that the death sentence is abolished - it will still be a possible sentence, and judges can after hearing the case, and considering all facts/points can still impose the death sentence for those they feel justly deserve the death sentence.

VERY ODD why some Malaysians are opposing the abolition of the mandatory death penalty...

If it is based on their 'eye for an eye' position/value, then not just mandatory death penalty, but also the death penalty MUST be forthwith removed from all offences where no death happens...

Removing the mandatory death penalty, is nothing but a first step towards total abolition of the Death Penalty - the then BN, and the then PH government was taking steps towards abolition...and now this PN government (which is made up of also BN and some former PH) seems to have forgotten about abolition of the mandatory death penalty - REMEMBER, the PH government was supposed to table the Bill abolishing mandatory death penalty during the March 2020 Parliamentary session.

Politicians and political parties sometimes is 'weak' when it comes to their position, values and stances > so easy do they waiver, or even 'change' simply because they fear that they will lose some votes if they push forward # we should reject such politicians and parties > we need politicians and parties that stick to their promises made before election, who will not change positions after they get into power..'Janji Tidak DiTepati' was previously used against BN - could it also now apply to the PH Plus as well.

So, speedily abolish the MANDATORY DEATH PENALTY - ignore the foolish, who simply want every person, despite their age, circumstances, irrespective of whether they were the ones that actually killed or just one who was there with no intention of killing anyone,...

'Eye for an Eye' position > so no more delays to abolish the mandatory death penalty, where the crime does not result in anyone being killed. For such offences, death penalty also must be abolished???


Hard to abolish mandatory death sentence as Malaysians favour ‘eye for an eye’ punishments, says ex-law minister

Padang Rengas MP Datuk Seri Nazri Aziz speaks during an interview at his office in Kuala Lumpur September 15, 2020. — Picture by Ahmad Zamzahuri
Padang Rengas MP Datuk Seri Nazri Aziz speaks during an interview at his office in 
Kuala Lumpur September 15, 2020. — Picture by Ahmad Zamzahuri

KUALA LUMPUR, Sept 17 — Former law minister Datuk Seri Mohamed Nazri Abdul Aziz has admitted that it is difficult to abolish the country’s mandatory death sentence, as Malaysians always demand “an eye for an eye”.

He said ignoring public opinion and pushing through the amendments to the law necessary for its removal would inflict collateral damage on any government of the day.

“Well, I don’t believe in the mandatory death penalty. But then again, if you want to touch the law, you must convince the rakyat and our rakyat still feel that it must be an eye for an eye.

“Yes, it cuts across all races,” Nazri, who is a staunch advocate for the abolishment of the mandatory death sentence, told Malay Mail in an interview recently.

In 2018, the then Pakatan Harapan (PH) government announced that it planned to abolish the death penalty and halted all pending executions — in a move that was hailed by international human rights groups.

The death penalty would then be replaced with a minimum 30-year prison sentence.

But in February this year, the PH government said it was still studying the possibility of abolishing the mandatory death penalty but not capital punishment altogether.

A survey published by research outfit The Centre in June, however, found that most Malaysians feel the mandatory death penalty should be retained, especially for brutal crimes like murder, where the perpetrator exhibited high levels of intention and aggression.

The death penalty is currently applicable to 33 offences in Malaysia, including 12 for which it is the mandatory punishment. They are drug trafficking, murder, offences against the King, five offences pertaining to terrorism, hostage taking, organised crime, firearms offences and rape.

Saturday, September 19, 2020

Covid-19 - Immediately quarantine all Parliamentarians and staff present on 10 September for 14 days - until September 24?

Covid-19 victim in Parliament on 10th September - so immediate quarantine for 14 days of all Parliamentarians and staff present on that day. Close Parliament - immediate sanitization. Or the standard SOP does not apply to Parliament?

All family members and other contacts should be immediately tested, or quarantined now.

Or will this case again receive a DIFFERENT TREATMENT because it will affect Ministers, MPs, etc

It happened before when a Minister attended Parliament, after return from Turkey, when he should have been on 14 day mandatory quarantine - Lucky he did get infected..

But this is WORSE, that officer has been infected by Covid-19...

So many people continue to be arrested everyday for gathering with friends, partying, etc - What will the government do about the Parliamentarians and others..

14 day incubation period - they may now be tested positive ...but then anytime within the 14 day period, they could be infected by Covid-19/

Carriers - they may not get infected personally - but they may infect others they came into contact with..

Immediate ban on travel at least until 24th September - that includes no going to Sabah..

Sabah is having a high incidence of Covid-19 > and so many 'politicians' are going over to campaign - when they return, should they be subjected to mandatory 14 day quarantine.

First, quarantine the MPs and Parliamentary Staff - at the very least self-quarantine at home for 14 days...


Works Dept officer with Covid-19 was in Parliament during ongoing meeting

Administrators have confirmed a Works Department officer confirmed with Covid-19 was in the Parliament complex on September 10 when the legislature was meeting. — Picture by Shafwan Zaidon
Administrators have confirmed a Works Department officer confirmed with Covid-19 was in the Parliament complex on September 10 when the legislature was meeting. — Picture by Shafwan Zaidon

KUALA LUMPUR, Sept 18 — A Works Department officer confirmed with Covid-19 was in the Parliament complex on September 10 when the legislature was meeting, administrators confirmed today.

The Chief Administrator of Parliament said checks conducted after the Works Department disclosed the officer’s infection yesterday showed that the person was present in the federal legislature building about five days before he tested positive for Covid-19.

Covid-19 has an average incubation period of two weeks, the entirety of which may be contagious.

“The officer was confirmed to be in the Parliament complex on September 10.

“Based on checks done, the officer was present to assist the deputy works minister during the winding-up of debate on Yang diPetuan Agong Al-Sultan Abdullah Ria'yatuddin Al-Mustafa Billah Shah’s royal address to the Dewan Rakyat,” the official said in a statement today.

The deputy works minister is Datuk Shabudin Yahaya from Umno.

It is unclear how many of the 70 senators, some of whom may be campaigning in Sabah for the state election, came into contact with the infected officer.

The officer was allowed into the Parliament compound as he was asymptomatic and had passed all Covid-19 screenings that were done in accordance to the National Security Council’s standard operating procedures, the administrator said.

The Parliament official stressed that all precautionary measures as instituted by the NSC and the Health Ministry were observed the entire time federal lawmakers sat.

The Fire and Rescue Department will conduct a sanitisation and disinfection exercise to ensure the Senate may continue its sittings scheduled from September 21 to 23.

Yesterday, the Works Department confirmed that the officer attached to its headquarters in Jalan Sultan Salahuddin tested positive for Covid-19 after undergoing a random swab test at the Kuching International Airport in Sarawak on Monday.

The person still flew back to the peninsula and disembarked at Kuala Lumpur International Airport, from where he was taken to Hospital Sungai Buloh for treatment.- Malay Mail, 18/9/2020

Workers’ right to safe workplace must be protected – Bar


Workers’ right to safe workplace must be protected – Bar

File photo:

Employers and employees are reminded that workers are entitled to employment rights such as minimum wage, annual leave, termination or lay-off benefits payment and most importantly, the right to a safe workplace as provided under the Occupational Safety and Health Act 1994.

In this regard, the Malaysian Bar welcomes the Selangor government’s decision to give one final chance to legalise the operations of unlicensed factories and landowners by the end of this year.

Legalisation would ensure that the workers receive their entitlement as employees, as the factories need to adhere to the relevant laws and regulations, including the Occupational Safety and Health Act, the Employment Act 1955 and the Factories and Machinery Act 1967.

Much more can be done to better safeguard workers’ right to a safe workplace. The Malaysian Bar proposes increasing the capacity of the Department of Occupational Safety and Health to handle the responsibility of administration and enforcement of legislation related to occupational safety and health.

This would ensure that the employers who have flouted the Occupational Safety and Health Act 1994 and its regulations are prosecuted expediently and punished for causing unnecessary injury or casualty to workers.

In line with the International Labour Organization’s Promotional Framework for Occupational Safety and Health Convention, 2006 (C187) as ratified by Malaysia in 2012, the Malaysian Bar also calls upon the federal government to introduce stricter legislation on workplace safety in order to provide a more conducive working environment for workers in our country.

Salim Bashir is president of the Malaysian Bar - ALIRAN Website

Friday, September 18, 2020

Sabah Elections - Vote for candidates that promises to fight for better rights of workers and their families?

Most Malaysian voters are workers and their families - but sadly, past governments have failed prioritize workers - maybe we should start voting for State Assembly Persons, Member of Parliaments and parties that want to defend and promote worker rights, including the right to safe workplaces...

Now, we are having the Sabah State Elections - let us look at the various party manifestos > is there any promise to improve worker rights including secure employment, including stronger legislation to protect workers from injury, death and diseases like Covid-19 at the workplaces - sadly, I see none.

During GE14, the Pakatan Harapan Manifesto promised an increase of Minimum Wage to RM1,500 - but after winning, they clarified that it was a 5 year plan - They did something good by the same Minimum Wage for all over Malaysia, and increasing Minimum Wage to RM1,100 - this was about worker rights, different from the usual election promises of simply increasing employment opportunities - creating more jobs(a standard or common promise that really does nothing to advance worker rights)

BN government is infamous for being biggest 'union buster' in Malaysia - they passed a new law, that automatically will lead to the demise of about 7 or more in-house trade unions in Malaysian Airlines.

The government was the owner of Malaysian Airlines - they formed a new company and the old company handed over its business to new company. Even then workers can still claim their rights, and just damages and compensation for worker violations from the new company, with the same owner - but the then BN government prevented this by passing the law that made the new company running the airlines not liable to the old MAS employees - unjust but we shall see whether the courts will prevent this injustice or not. Now a lot of ex-workers are fighting in court claiming wrongful dismissal - even if they win, will the new MAS give them their jobs? Will the new MAS company give them compensation in lieu of reinstatement? Well, most likely, the old MAS has no more money or jobs..

What have Malaysian workers lost by what the government did?

Last time, we had probation and after confirmation, workers enjoyed regular employment - whereby their employment is secure and can be lost only by reason of retirement, retrenchment and by termination for a JUST CAUSE(meaning they committed a serious employment misconduct or serious breach of employment contract)

But the BN government, allowed employers to deny workers regular employment - and replace it with short-term employment contract that last usually 1 year or less - even if the work still exists, the employer chooses to simply employ another - and the worker is forced to go looking for a NEW job. What is the main problem? If you work for long, most workers will enjoy annual wage increment(meaning salary increase), and the longer you work, by law you get better rights - like more annual leave, more sick leave ...and if you worked for more than 12 months, even when retrenched, you get termination or lay off benefits where how long you worked matters.

The government by law, and the powers the Minister already have in law done the needful to ensure EMPLOYMENT SECURITY for the well-being of workers and their families. They could have insisted that all employees be employed as REGULAR employees, save for migrant workers who usually come to Malaysia to work for 3-5 years > for them fixed term employment contracts.   

Do you know that there is no offence yet in the Occupational Safety and Health Act 1994 that provides for a higher sentence when a worker is injured or killed, because the employer broke the laws requiring them to ensure a safe working environment. For drunk drivers, so fast they increased the penalty - but not bothered about workers.

Many of these candidates may never have been workers or even poor(or middle income)- it they win, the happily receive salaries and allowances of RM16k or more > so, do they bother about the ordinary worker?

Promises for small businessman, fisherman, farmers - but NOTHING about workers - save for promises of creating more jobs. We do not just want NEW jobs - but we want employment security - not jobs for a year, and then again and again we have to look for jobs - at start again with a low pay?

So, chose an candidate or a party that wants to improve the situation of workers and their families.


Usno manifesto promises RM1,000 gift for first marriage

Usno chief Tan Sri Pandikar Amin Mulia speaks during the party’s manifesto launch at the Courtyard Hotel in 1Borneo Shopping Centre, Kota Kinabalu September 16, 2020. — Bernama pic
Usno chief Tan Sri Pandikar Amin Mulia speaks during the party’s manifesto launch at the Courtyard Hotel in 1Borneo Shopping Centre, Kota Kinabalu September 16, 2020. — Bernama pic

KOTA KINABALU, Sept 16 — Sabahans marrying for the first time will receive a RM1,000 wedding gift if the United National Sabah Organisation (Usno) wins the 16th Sabah state election on Sept 26.

This promise is contained in the Usno election manifesto unveiled by Usno chief Tan Sri Pandikar Amin Mulia here today.

Among the other pledges in the manifesto are:

* RM300 birth gift for every Sabah child

* medical financing of up to RM10,000 for Sabah people

* minimum monthly aid of RM500 for the elderly

* special aid of RM500 for the poor/orphans/single mothers

* immediate RM500 cash assistance for families involved in divorce cases and who lost source of income

* every primary and secondary school student to get RM100

* RM1,000 will be given to every student who gets an offer from an institution of higher learning

* death benefit of RM1,000

* RM500 contribution to every needy family for celebrating major festivals

* a hearse in each district

* assistance in the form of fresh milk, uniform and school equipment like books, pens, pencils, shoes, and socks to every student

* electricity bills below RM50 and water bills below RM30 to be exempted from payment

* public transport aid of RM30-RM150 for students, youth workers, senior citizens and OKU

* RM500 aid for farmers, fishermen and breeders affected by monsoon season/floods, drought and disasters

* immediate aid of RM5,000-RM10,000 to heads of family whose houses are destroyed by natural disasters, fire or mishaps

* providing 30,000 new job opportunities

* annual fund of RM10 million for small industries at village level

* RM100 million fund to develop communities involved in agriculture, fishery and livestock sector

* RM10,000-RM50,000 youth activity fund in every village

* RM10 million fund for graduates of institutions of higher learning to pay Perbadanan Tabung Pendidikan Tinggi Nasional (PTPTN)

* RM30 million fund to help youths start business at one-stop centres

* women’s annual activity fund of RM10,000-RM25,000 in every village. — Bernama - Malay Mail, 16/9/2020

PBS includes anti-hopping law in election manifesto

PENAMPANG: Bringing back the anti-hopping law will be one of the 10 principles in Parti Bersatu Sabah's (PBS) manifesto for the coming state election.

Its deputy president Datuk Radin Malleh said the party was determined to bring a motion of anti-party hopping law to the State Legislative Assembly sitting.

He said the party had once introduced such law in 1988, when PBS was the then state government.

"However, the central (government) brought the matter to court, which ruled it as unconstitutional. However, there must a mechanism to go about doing it and we are determined to reintroduce the law.

"Party hopping always happens in Sabah. We don't want this to occur often as it is against party integrity and dignity," he told reporters when unveiling PBS manifesto at the part's headquarters here, today.

The manifesto states the anti-hopping law will ensure elected representatives respect the mandate given to them by the people.

While PBS upholds the Malaysian Constitution, the manifesto states if elected representatives ditch their original party, they must vacate seats, so that the mandate is given back to the people to decide on their representatives.

Radin also said the party was committed to safeguarding Sabah's rights in the Malaysian Federation context as enshrined in the Malaysian Agreement 1963 and ensuring the history content of Malaysia formation was fully included in textbooks.

The party manifesto also highlights on PBS' commitment towards the implementation of Sabah identity card to Malaysian citizens in the state and ensuring no documents are issued to illegal immigrants.

It also focuses on establishing coast guards and border scouts with cooperation of Eastern Sabah Security Command as well as ensuring control posts are set up at all illegal routes and entry points to Sabah to prevent intrusion.

PBS manifesto even underscores protecting the environment, education, health, welfare, boosting development in the rural areas, digitalisation of the economy, as well as on empowering youth and women, among others. - New Straits Times, 11/9/2020

Muhyiddin unveils Perikatan-led Opposition manifesto that aims to address Sabah’s woes

Perikatan Nasional chairman Tan Sri Muhyiddin Yassin speaks at the GRS manifesto’s launch at Sutera Harbour Resort in Kota Kinabalu, September 16, 2020. — Bernama pic
Perikatan Nasional chairman Tan Sri Muhyiddin Yassin speaks at the GRS manifesto’s launch at Sutera Harbour Resort in Kota Kinabalu, September 16, 2020. — Bernama pic

KOTA KINABALU, Sept 16 — Tan Sri Muhyiddin Yassin today unveiled Gabungan Rakyat Sabah’s (GRS) manifesto that focuses on reviving the state’s economy, which he said can only be fulfilled if the federal and state governments work together.

Dangling the carrot of federal funding in front of voters as crucial to fulfilling the promises, the Perikatan Nasional chairman said that Sabah, with its dispersed population and vast land areas, needed major development to take it to the next level.

“The manifesto was given to me to announce as prime minister because it involves cooperation between the state and federal governments, which is of utmost importance,” he said.

The nine thrusts contained in GRS’ manifesto are: infrastructure, Sabah rights, employment, youth, health, civil service, prosperity, education, security, human capital and women development.

GRS comprises Perikatan Nasional (PN), Barisan Nasional (BN) and Parti Bersatu Sabah (PBS).

“I believe this is what Sabahans want. Things are hard right now, and in these unprecedented times, we cannot just promise the usual like other elections.

“So this is our total commitment to raise Sabahans’ livelihoods to the next level,” he said during the manifesto’s launch at Sutera Harbour Resort here today where members of the Opposition alliance had gathered.

Meanwhile, Sabah PN chief Datuk Hajiji Noor described the manifesto as the Opposition’s main plan to revive the economy after it was allegedly left in shambles by the Warisan government.

“We are offering much-needed facilities and infrastructure,” he said.

When pushed for a timeline, he said that this was promised for the coming five-year term.

“We cannot do this in one or two years. Things like infrastructure take time. Roads can take two to three years to complete. If we have allocations, we can do it. We need a continuous mandate to ensure the manifesto promises are achieved,” he said.

The 16th Sabah state election will take place on September 26 where some 16 parties are vying for votes in 73 seats. - Malay Mail, 16/9/2020



Wednesday, September 16, 2020

Electoral Reforms Not YET? Sabah elections - postal vote rights for Sabahans in Peninsular and Sarawak? Paid leave to go vote?Financial aid?

FREE AND FAIR ELECTIONS -that was the call by so many Malaysians - we wanted electoral reforms, but alas that did not happen.

During this Covid-19 pandemic, where many have lost jobs and income > how many Sabah voters will be able to afford or go back to Sabah to vote during this Sabah State Elections? How many will even want to RISK it for health reasons given the spike of Covid-19 infections in Sabah? Should the elections be abandoned - postponed to a later date(or until steps can be put in place to ensure all Sabahans can exercise their right to vote in this very important for Sabahans elections?


For a voter working, studying or staying in some other locality, other that where he/she is a registered voter means that on voting day, he/she will have to travel back to that voting district to cast a vote. Not a big deal, if I am working in KL, but am a registered voter in Klang. But for a Sabahan registered voter working or studying in Peninsular Malaysia, having to go back to Sabah to vote, it is a BIG DEAL - it will incur a lot of time and cost, including flights plus also time off from work/studies, and this need to be resolved. Travelling back from KL to Kuantan or Kota Baru or Penang should also end - Most affected will be the POOR, minimum waged worker, etc 

Solution:- Maybe out-station voters can simply vote in the towns that they are in now - surely the EC can arrange for this. No more the need to travel miles and hours, facing traffic jams, just to exercise one's right to vote > Outstation voting could be done the day before the voting day - so there is time for votes to be transfered back to the constituency in time.

The alternative, would be to give Malaysians the right to vote by post, if they are working/living more than 100 Km from their constituency?

POSTAL VOTE - this must be made easily available to any such registered voter, who stays or works maybe more than 100 Km away from their constituency where they have a right to vote.

PAID ELECTION LEAVE - This must be a right accorded to all Malaysians to facilitate their exercise of their right to VOTE. For Sabahans in Peninsular Malaysia and Sarawak, that paid leave(different from annual leave) should be maybe for 3 days - one day to travel back, one day to vote, and one day to travel back to work... This will be a RIGHT for all Malaysians - paid leave to enable voters to return to the constituency to vote. Even if elections are held at week-ends, in Malaysia, for some states, the week-end is different.

CAMPAIGN PERIOD - from nomination date to election date, again for the Sabah State elections, it is too short - 14 days. 

Nomination day - Sept 12 

Early voting will be on Sept 22.

Voting Day - Sept 26

Campaign period = 13 days, or really 12 and a half days?(since campaign period starts after nominations, and end midnight Sept 25) - FAIR?

- Ballot papers can only be printed after nomination dates, and only thereafter it can be sent to postal voters, many who are studying or working overseas, some in very large countries. Postal services delivery times vary. Naturally, any voter to consider all candidates - including those from parties not in government, and also independents. Now after receipt of ballot voters, many will then have to post back their ballot papers to reach the relevant constituencies before vote counting happens. GE14 - there were so many complaints about ballot papers arriving late to voters. Hence, a more reasonable campaign period should be at least 30 days.

- Short campaign periods of 13 days favour incumbent government party candidates - and maybe some prominent Opposition parties, who may get substancial media coverage all year round > but certainly not smaller parties, and definitely not independent parties > FAIR elections demand a longer campaign period.

- Candidates can only campaign after Nomination day until the day before voting > which means just about 12 and a half days. Can a candidate meet and introduce himself/herself to all the constituents, where there are about 40,000 to over 100,000 in such limited time? 

- Candidates cannot even have 'ceramahs' - public talks without the approval of the police - the application takes time, the approval takes time and then the 'ceramah' - In some constituents, the number of candidates may be large - 6 - 10, and for the voters to even try to attend at least one ceramah of each of the candidate during the short campaign period may be impossible. So voters may have to cast their votes, without a fair opportunity to consider ALL candidates.

- Candidates from 'seasoned' parties may even put in their application for ceramahs before nomination day, or even nomination day - and most likely, police may not permit ceramahs at the same locations on the same day > again the new candidates, especially from the new or smaller parties, and independents are prejudiced.

REMOVE PERMIT REQUIREMENTS DURING CAMPAIGN PERIOD - police, local council, etc > EC has full authority during campaign period, including enforcement. No permits for house to house campaigning, Billboard placements, walk-abouts, handing out materials, printing of materials, ceramahs, talks, etc .... Wonder whether the police and the authorities will be barring people from attending talks/activities  using Covid-19 restrictions during Sabah elections? 

- Too many permit requirements affects independent and smaller party candidates > to much time and resources wasted in just the permit application process - more unfair when  very short campaign periods.

 - In one by-election past, a candidate was stopped from even doing walk-abouts in markets and handing out fliers/pamphlets because he/she did not have the relevant permits. SUCH permit requirements for the walk-abouts and handing out pamphlets should be abolished.

- Even ceramah permits should be handled by the Election Commission - not the police.

- MEDIA is also biased - tendency to cover candidates from just major parties - seldom do we see coverage of independent or smaller party candidates. A Star report - look at Api-Api seat, they mention the PKR Chief and Datuk Yee Moh Chai - but not even the named of the other 7 candidates - FAIR?

Api-Api: Sabah PKR chief Datuk Christina Liew is facing a very tough challenge to retain her seat as she is faced with a nine-cornered fight against her old PBS nemesis Datuk Yee Moh Chai and a sundry list of wannabes.

- Televised debates involving all candidates > not yet a NORM in Malaysia - Why not?

- Election expenditure limits have been set by the law > but have you seen anyone being charged for exceeding this limit in court. Even if someone else organises a dinner where the candidate is invited to 'campaign' - during campaign period, this will be part of the 'election expenditure' of the candidate?

- Use of government resources > still the practice continues - Where is the REFORM promised? Nothing wrong with a sitting Minister going to campaign for a party member - but he must take 'annual leave', and should not even say that the Ministry will do this or that if their candidate is elected >>> Anwar Ibrahim allowed to enter and campaign in military camps - but other candidates could not. 

FREE and FAIR Elections? Far from it?

So many allegations of 'pengundi hantu'(ghost voters) - they sometime turn up with a Malaysian Identity Card proving that they are so and so, and steal the legitimate voter's vote > so many offences here > including the offence of making false Malaysian identity card, etc > I have not heard of anyone who have been charged for this serious offence? Has anyone been charged for making or providing fake ICs? 

Recently, disclosures of MPs assets show that many of them are millionaires - so, are the poor even represented in Parliament and State Legislative Assemblies.

The deposits payable by candidates are simply too HIGH - it is a serious hurdle for poor and middle income even offering themselves as candidates.

When Imposters and makers of false NRICs get away with serious crimes?

The hot seats of Sabah election 2020
Saturday, 12 Sep 2020 9:32 PM MYT

KOTA KINABALU: The 16th Sabah Election on Sept 26 will see a total of 447 candidates from various parties, as well as independents, battling for 73 state seats.

Many multi-cornered fights are on the cards, with Bengkoka seeing the most candidates – a whopping 11 people are vying for the seat.

Here are the seats featuring the big names that will be keenly observed by analysts and pundits:

Api-Api: Sabah PKR chief Datuk Christina Liew is facing a very tough challenge to retain her seat as she is faced with a nine-cornered fight against her old PBS nemesis Datuk Yee Moh Chai and a sundry list of wannabes.

Moyog: Warisan’s Penampang MP Datuk Darell Leiking is on his first foray for a state seat for Warisan. He is caught in a seven-way fight that also includes “friendlies” from PBS and Sabah STAR in this semi-urban Kadazandusun seat that has a history for changing the status quo.

Tambunan: Sabah STAR’s Dr Jeffrey Kitingan won this seat from his brother Tan Sri Joseph Pairin Kitingan, who was the then PBS president. A vote split between PBS and Warisan candidates gave him the edge to win the seat. PBS, though an opposition-friendly party, has fielded Silverius Bruno in the six-cornered contest here.

Paginatan: This seat in Ranau is seeing all Perikatan-friendly parties placing candidates in a nine-cornered fight. Sabah STAR has placed back Datuk Abduidin Madingkir, while PBS has put loyalist Arthur Sen and Barisan’s Umno, Junaidi Sahaht.

Bongowan: Former foreign minister Datuk Seri Anifah Aman is leading Parti Cinta Sabah in this election and is caught in a four-cornered fight with Warisan’s incumbent Dr Daud Yusof as well as Barisan-Umno's Ag Syairin Ag Bakar. Both Warisan and Barisan want to put an end on his plans to head the next government.

Usukan: Having lost his Kota Belud parliament seat to an unknown relative in 2018, former federal minister and chief minister Datuk Seri Mohd Salleh Said Keruak is riding the Barisan-Umno ticket in contesting the seat. He is in a three-cornered fight with two little known candidates from Warisan and PCS.

Sungai Sibuga: Warisan is fielding Datuk Armani Mahiruddin, the sister of the Sabah Governor, to take the seat held for 26 years by Tan Sri Musa Aman, who was dropped by Umno. She will be involved in a five-cornered fight for a seat sought by Barisan-Umno, PCS and others.

Kiulu: Upko’s president Datuk Wilfred Madius Tangau is carrying the Warisan Plus flag into the Kadazandusun, Murut and Rungus heartland. All eyes are on Madius to deliver this seat on the foothills of Mount Kinabalu in Tamparuli. The Tuaran MP is up against PBS’s incumbent Datuk Joniston Bangkuai in a six-corner fight where grudges over Madius' move to take Upko out of the Barisan after May 2018 election continue to seethe.

Inanam: The seat lost through the defection of PKR’s Kenny Chua is in the spotlight, as this time round Chua has returned as independent in a 10-way fight that’s also seeing former chief minister Tan Sri Chong Kah Kiat joining the fray via his Liberal Democratic Party.  - Star, 12/9/2020

Permit needed for house-to-house campaigning

PONTIAN: All parties and candidates contesting in the Tanjung Piai Parliamentary By-Election are reminded that house-to-house campaigning must have police permit as they too are considered as a form of campaigning.

Election Commission (EC) Chairman Datuk Azhar Azizan Harun said in addition, the walkabout programme which is also considered as mobile campaigning, must have a clear time frame and location for monitoring purposes.

He said all parties or candidates involved were reminded to comply with all regulations stipulated for campaigning particularly involving permit application.

“Yesterday, a meeting was held between EC officials and Pontian OCPD and his officers to coordinate and clarify issues concerning campaigning permits and regulations especially with regard to the Walkabout Programs held by all candidates or parties contesting in the election.

Azhar said in a statement today that campaign materials which were seditious and provocative in nature and did not have the name and address of the printers would be brought down.

He added that flags that were placed by the roadsides and hampered or posed dangers to the public would be removed.

In the statement, Azhar said the EC and police outlined regulations on the use of party flags as well as campaigning using vehicles.

Azhar said appropriate action would also be taken regarding flags hung on vehicles while campaigning that caused danger to members of the public.

Campaigning vehicles that were installed with flags and loudhailers and moving from one place to another place must apply for campaigning permit from the police.

According to Azhar, the EC would report information concerning statistics on offences as well as statistics on the number of police reports and reports of the Malaysian Anti-Corruption Commission (MACC) made throughout the campaigning period on Facebook, Twitter and the EC websites everyday throughout the by-election period.

“The EC hopes that all candidates and parties would carry out their campaign in a more mature manner throughout the remaining five days of campaigning so that the Tanjung Piai by-election would proceed without any undesired incidents,” he added.

The EC has fixed Saturday as polling day for the Tanjung Piai by-election which will see a six-cornered fight involving the Pakatan Harapan (PH) candidate Karmaine Sardini, Barisan Nasional (BN) candidate Datuk Seri Dr Wee Jeck Seng, Wendy Subramaniam (Gerakan), and Datuk Dr Badhrulhisham Abdul Aziz from Barisan Jemaah Islamiah (Berjasa) as well as two Independent candidates namely Dr Ang Chuan Lock and Faridah Aryani Abd Ghaffar.

The by-election is held following the death of the incumbent Member of Parliament Datuk Dr Md Farid Md Rafik, 42, on Sept 21 due to heart complication.

In the 14th General Election (GE14) the late Md Farid, who represented PH won with a majority of 524 votes to beat Wee (BN-MCA) and Nordin Othman (PAS). -- Bernama - New Straits Times, 12/11/2019

MACC investigating possible corruption in Sg Gong pollution, and finally Directors, not just the Company being charged?

Many times, companies break laws - and it is just the company that is charged in court > it is rather foolish, when the real 'decision makers' of what companies do or do not do are never are made personally criminally liable for their actions/omissions - The owners(shareholders) and the Directors are the human persons that decide or not whether the company breaks the law or follows the law - so, when the law is broken, they, the owners and Directors must be charged and tried in court. Hence, it is a step in the right direction when the Directors of the company that allegedly polluted our waters are charged in court.
CORRUPTION - How can Malaysian competent authorities, who make sure the laws are followed find no wrong in some law-breaking businesses. When was the last inspection done by the government authorities, that would have made sure that waste disposal was done in the correct way in accordance to law...If it happened, and enforcement done, then our waters would never have been polluted. It is sad, when our earnest inspection and enforcement too many times happen 'after the fact' - after the crime have been committed..
Was the inspecting and/or investigating worker 'BRIBED' - Did the department/agencies heads know about this?  Or were they also 'BRIBED" - Was it the Minister or the Chief Minister who was 'BRIBED'?
Corruption need to be weeded out no matter who was involved in committing the crime.
Many workers/people also often do not even bother complaining or claiming to the relevant departments and Ministries responsible for the protection of their rights and/or upholding the law - simply because they believe that most relevant enforcement officers, agencies and even mechanisms may have already been compromised by 'bribes' and hence the struggle for justice will fail - and reporting/complaining is simply a waste of time. 
This is a sad state of affairs that demands the government including the MACC to speedily weed out corruption.

The company Directors of ONE of the companies who allegedly polluted our waters have been charged in court...

BUT should not the relevant officers, head of departments, etc - who became 'BLIND" to the existence of wrongdoings also be charged now. Their failure in timely enforcement may be said to have caused this pollution.

The biggest CULPRIT is not the giver of 'bribes' but really the relevant government officers, who because of the bribes, did not do their jobs as they are supposed to. When  someone tries to bribe a public official, that official must immediately make a report to MACC - why did they not do so? Their failure propagates corruption.
Bad 'public officers' should also be charged in court.

If the enforcers of law did their jobs, then they would have inspected workplaces to make sure that it follows the law - that the waste are disposed properly in accordance to law - and not disposed 'illegally' so as to affect our water supply...

ONE company has been identified - but can the waste of just one company affect our waters in such a drastic way - I hope that the other 'water polluters' will be speedily identified. No violator of the law, even with strong connections to government or politicians should escape..

In any event, the Directors of this one company, that have been charged in court have all pleaded NOT GUILTY - so, we shall watch the trial. Hope that this one company is not simply made the 'SCAPEGOAT" and take the entire blame, whilst other law-breakers get off scott free..

MACC - their credibility still need to be strengthened. After all, before GE14, did they not vet all the BN candidates - and then we see so many of these same previously MACC vetted BN candidates being later charged, and even the then Prime Minister has already been convicted and sentenced. What was interesting is that their offences were committed pre-GE14.

MACC should stop vetting election candidates or even asking MPs to sign 'anti-curruption pledges' > they should just focus on enforcement of the law.

MACC and the police must be INDEPENDENT, and be seen to be INDEPENDENT - and they must certainly be independent of the PM, Ministers, etc ..

Government of the day seems to be still too involved in the appointed of the head of MACC and even the Police > should we get a more independent body or system to do this...

Now, in the Sg. Gong case, if it is NOT corruption - then it will be incompetence and inefficiency on the part of the agencies, departments and Ministries responsible to ensure no one pollutes our waters...and threaten the health of us..

Will this problem be thoroughly investigated and acted on ....or will it also be 'forgotten' soon?

MACC investigating possible corruption in Sg Gong pollution


Tuesday, 15 Sep 2020 12:32 PM MYT


KUALA LUMPUR: The Malaysian Anti-Corruption Commission (MACC) has initiated investigations into the Sungai Gong pollution incident.

"I cannot divulge the full details but we are currently scrutinising it and looking at several issues under our purview," MACC chief commissioner Datuk Seri Azam Baki told reporters at the "Corporate Liability – Are You At Risk Forum" here on Tuesday (Sept 15).

He said the investigations were being conducted together with the police and other relevant authorities.

On Sept 14, the police submitted investigation papers on the Sungai Gong pollution incident to the Attorney General's Chambers (AGC).

Environment and Water Minister Datuk Seri Tuan Ibrahim Tuan Man said in a press conference that the papers were submitted to the AGC last week.

He said action could be taken under Section 43 of the Environment Quality Act against a company that caused pollution, as well as its management.

Last week, police remanded several people as part of its investigation into the pollution of Sungai Gong in Rawang after a solvent was dumped into the river caused the disruption of water supply to 1.2 million people early this month.

Subsequently, four company directors and a workshop manager were charged in connection with the case at the Selayang Sessions Court today (Sept 15).- Star, 15/9/2020

Four company directors, workshop manager charged over pollution of Sungai Gong

Four company directors and a workshop manager linked to the recent pollution of Sungai Gong arrive at the Selayang Magistrate's Court September 15, 2020.
Four company directors and a workshop manager linked to the recent pollution of Sungai 
Gong arrive at the Selayang Magistrate's Court September 15, 2020.

KUALA LUMPUR, Sept 15 — Four company directors and a workshop manager were charged in the Selayang Sessions Court here today in connection with the pollution in Sungai Gong which resulted in water supply disruption to more than 1.2 million people recently.

They are brothers Yip Kok Wai, 53; Yip Kok Mun, 58; Yip Kok Kuin, 70; and Yip Kok Wong, 60, who are the board of directors of Yip Chee Seng & Sons Sdn Bhd , and Ho Voon Leong, 59, who is the manager of the company's workshop.

All of them pleaded not guilty to charges made against them before judge Syafeera Mohd Said. 

On the first count, they were all charged under Section 430 of the Penal Code with committing mischief by causing hazardous waste from the workshop to flow into Sungai Gong, hence causing a diminution of water supply for human consumption.

They were charged with committing the act at the workshop at Kg Sungai Dua, Rawang, near here between last Sept 2 and 3.

If found guilty, they face imprisonment for up to 30 years or with fine, or both.

The five men were also jointly charged with emitting environmentally hazardous substances from the workshop into a waterway, which then flowed into Sungai Gong, without a licence at the same place and time.

 The charge was made under Section 25 (1) of the Environmental Quality Act 1974 which provides a maximum fine of RM100,000, or imprisonment for up to five years, or both, if found guilty.

All of them were not allowed bail and the court set Oct 27 for mention. — Bernama - Malay Mail, 15/9/2020


Tuesday, September 15, 2020

Prioritize worker rights, safety and health at workplaces when dealing with illegal factories(31 groups)

Media Statement:- 16/9/2020

Prioritize worker rights, safety and health at workplaces when dealing with illegal factories

Charge in court - No compounds for those who commit crimes that cause injury, death or impacts public health

We, the 31 undersigned groups, trade unions, persons and organisations are appalled by the disclosure that there are still today about 2,900 illegal factories in Selangor, and the concern is about worker rights, including occupational safety and health. In September 2019, the State government disclosed that from 2013, there are about 2,885 unlicensed factories, and as of 2018, only 630 have been legalized (Star, 24/9/2019)

It is odd that the government and its many enforcement authorities and its officers were not aware before of these illegal factories, and this fact raises the possibility of corruption, a matter that the anti-corruption authorities must look into.

A worker is entitled to rights, which include employment security and all other rights, including those provided by Malaysian law. Registration and minimum contributions must be made to SOCSO to ensure worker’s social security protection, especially when a worker is infected by an occupational disease, suffers injury, disability and even death. For their old age survival, the law sets the minimum monthly contributions to be made by employer and worker. When a workplace is illegal, the concern is whether workers’ rights are also being denied.

Would an illegal factory even have the needed permits and licenses to do certain work activities, including dangerous and life threatening work? Would the authorities involved in ensuring occupational safety and health of the workplace even know of these illegal establishments, or do the necessary workplace inspections, to ensure that the workplace is safe – hence a low risk of workplace injuries or death.

If a worker working in an ‘illegal’ factory have his worker rights violated, would he/she even have recourse to justice? Would the employer even pay the worker what is owing to them, including back wages, unpaid overtime and other unpaid monies? Would a worker in such a factory even be able to claim reinstatement (or compensation in lieu of reinstatement), when he/she is wrongfully dismissed?

Any illegal factory or workplace, can and ought to have been speedily discovered and action taken in accordance to law.

Most workers who are employed in these ‘illegal’ workplaces, most probably verily believe that they are working in a legal workplace, that is in compliance with all laws governing employment and workplaces.

After all, how could it be illegal, when they get water and electricity from government agencies or agencies linked to government? How can they even operate illegally, without the knowledge of the Local Council (local government), State government or Federal government in Malaysia where the public perception is that the relevant law enforcement authorities are efficient, a perception often reinforced by media reports about numerous crackdowns on law breakers including drunk drivers, drug dependents, undocumented migrants and other suspected criminals.

Hence, how is it even possible for any illegal factory or workplace to exist in Malaysia, especially one that employs many workers. It was shocking to read a report that stated that one of these suspected companies, suspected in polluting our water supply, which resulted in about 5 million people (or 1.2 million consumer accounts)  being denied water supply, was known by the local government concerned and had been operating without a license since 2014.

Selayang Municipal Council (MPS) corporate department director Mohamad Zin Masoad said data also showed that the factory had never applied for a license since it started operating six years ago. “We have issued the latest notice to them in March but they ignored it. Besides operating without a license, we also found that the factory was built without MPS permission,” he said after putting up an illegal structure notice at the factory here today.(Edge Markets, 7/9/2020). Any business operation within any local council area needs to renew their permit/licenses to operate every year, so it is strange that illegal workplaces are not discovered.

Mohamad Zin also said all of the factories were placed in the legalisation process list and were given time until Dec 31, 2020, to submit documentation so that operation permits could be issued to them. “According to the [Selangor] state government’s directive, we cannot demolish the plants under the legalization process (introduced in 2012 and extended until Dec 31, 2020’. (Edge Markets, 7/9/2020).  

Giving an illegal factory/workplace one to 3 months, to become legal is understandable, but allowing them many years until end of 2020 is just unacceptable.

For the benefit of workers, including their employment and income, it may be best that discovered illegal factories best be given the chance to legalize, but at the same time their law breaking acts must not go unpunished.

Prioritize worker rights, safety and health in legalization process

In the legalization process, laws regarding worker rights, safety and health should be prioritized, compared to other issues like land classifications and/or construction approvals.

If this be the current state of affairs, then the government can be held responsible for the deprivation of water supply the people suffered, since they allowed this ‘Illegal’ factory to continue operating, without complying laws including possibly laws concerning workers occupational safety and health.

Law Breaking Companies Must Be Charged in Court, and not offered compounds

For example, according to just the Water Services Industries Act 2006, this company, if they are convicted they will be liable to a sentence of imprisonment up to ten years, a fine not exceeding RM500,000 or to whipping or to all three.

In this case, the Attorney General Tan Sri Idrus Harun in a statement said to date, no investigation paper on the raw water pollution incident in Selangor had been referred to the Attorney-General's Chambers (AGC). Generally, only after investigation papers are submitted to the AGC, will the prosecution take action and charge the law violators in court.(Edge Markets, 8/9/2020)

However, in this case, the Selangor government agencies, on their own, decided to take administrative action by offering compounds for allegedly 30 different violations. ‘…Selangor Water Management Board (LUAS), Air Selangor, Selangor Department of Environment (DoE), Selayang Municipal Council and the State Environment Committee conducted an investigation. Thirty compounds totalling RM60,000 were issued to Yip Chee Seng & Sons Sdn Bhd..’ the Attorney General Idrus said that the compounds were issued without any reference to investigation papers by the AGC.(Edge Markets, 8/9/2020)

Compounds undermines justice, and protects companies

Issuing compounds is an administrative action, and payment of compounds avoids the possibility of the alleged offenders being charged and tried in court for the same offence.

Companies that commit crimes, that endanger public health, injures or kills workers should never be offered compounds, but should be charged and tried in open court. When charged in court, the accused company and/or its officers can always plead guilty, and the courts will take into account the guilty plea, in determining the just sentence that would be imposed.

If charged in court for a crime, the courts also have the power to even order that the affected victims be compensated in a criminal trial.

Convictions matters unlike compounds. The number of past similar convictions will be an aggravating factor, which will lead the court to impose higher sentences on repeat offenders.

Doubts linger as to whether this alleged particular company is even the real culprit, or just one of the many other culprits who caused the water supply to be contaminated, who have yet to be prosecuted. Note that so many water treatment plants had to be shut down.

The offering of compounds, which could be influenced by other factors including corruption, and, as such, for crimes that puts at risk the lives and health of many and/or causes death and injury to workers must end. Such law breakers must all be charged and tried in open court by an independent judge.

We call on the Minister of Human Resources, including the Department of Occupational Safety and Health, to immediately inspect all these 2,900 illegal factories in Selangor, and others in Malaysia to ensure that all laws concerning worker rights, including occupational safety and health are being complied with. It is a folly to wait until a worker dies or is injured.

Charles Hector

Apolinar Z. Tolentino, Jr.


For and on behalf the 31 listed below

Center for Orang Asli Concerns(COAC)

Electronic Industry Employees Union Southern Region Peninsular Malaysia(EIEUSRPM)/Kesatuan Sekerja Industri Elektronik Wilayah Selatan, Semenanjung Malaysia (KSIEWSSM)Persatuan Sahabat Wanita Selangor(PSWS)

Jaringan Solidariti Pekerja (JSP)

Kesatuan Pekerja Atlas Edible Ice Sdn. Bhd.

MADPET (Malaysians Against Death Penalty and Torture)

Malaysians in Action For Justice and Unity (MAJU)

National Union of Transport Equipment and Allied Industries Workers (NUTEAIW) West Malaysia

Network of Action for Migrants in Malaysia (NAMM)

North South Initiative(NSI)

Sabah Timber Industry Employees Union (STIEU)

Sosialis Alternatif (SA)

Saya Anak Bangsa Malaysia (SABM)

Timber Employees Union Peninsular Malaysia (TEUPM)

Union of Forestry Employees Sarawak (UFES)

WH4C (Workers Hub For Change)

Building and Wood Workers International (BWI) Asia Pacific Region

Bangladesh Group Netherlands

IMA Research Foundation, Bangladesh

International Black Women For Wages For Housework

Global Women’s Strike

Labour Behind the Label, United Kingdom

Legal Action for Women, United Kingdom

MARUAH, Singapore

Myanmar Human Rights Alliances Network (MHRAN)

National Garments Workers Federation (NGWF), Bangladesh

Pakistani Christian Refugee Fellowship (PCRF)

Payday Men’s Network (UK/US)

Safety and Rights Society, Bangladesh

Women Of Color Global Women’s Strike

Worker Empowerment, Hong Kong

Dr Ronald McCoy, the founder of Nobel Peace Prize-winning anti-nuclear group International Campaign to Abolish Nuclear Weapons (ICAN)