Donald booed at church forum at a MEET THE CANDIDATES SESSION..

This is a good idea that can be followed at all levels - at churches, temples, residential areas, etc -- People should meet the candidates and choose the best "Wakil Rakyat" ...and these sessions should not stop at elections but possibly be held once every six months creating a regular forum for the constituents to meet their "wakil rakyat"..and that will ensure that "wakil rakyats's" are doing their job and expressing the view of the RAKYAT and not their own or that of their 'political party or coalition" or some select interest groups... Donald booed at church forum

Soon Li Tsin | Feb 28, 08 2:38pm

It was proven in St Francis Xavier’s Church last night that comparing how Malaysia is better off than Burma will only result in boos and jeers. This was the response that Petaling Jaya Selatan (PJS) parliamentary incumbent Donald Lim received when he used the same example on how well the country is doing - several times. "Under the BN leadership, we are doing much better than Burma ..." he said before he was interrupted by boos and jeers. In a closed-door election forum attended by 250 parishioners, voters in the church were given a rare chance to hear both Barisan Nasional and opposition candidate slug it out on stage. The deputy tourism minister was pitted against his opponent PKR’s Hee Loy Sian while Bukit Gasing incumbent Gerakan’s Dr Lim Thuan Seng squared off with DAP’s Edward Lee. The session kicked off with the soft-spoken Hee introducing himself before explaining PKR manifesto to the audience. Boos and cheers This was followed by Donald’s pitch on BN’s past successes and his PJS manifesto for the city which includes battling crime and traffic problems. Thuan Seng - who was late - gave a speech on his past achievements and how he has given his best to help his constituents. Last speaker Lee was clearly the ‘star’ of the night when he promised to lobby for local council elections should he be elected and urged the people to be more proactive in handling community issues which drew applause numerous times. The question-and-answer session resulted in many serious discussion surrounding PJ’s traffic woes and high assessment rates. Lee drew cheers when answering several questions but Hee remained silent throughout since most of the questions were directed to the two BN candidates. However, the session was mostly punctuated by humourous moments most notably when Donald developed a trend in his answers by saying ‘That is an interesting question’ and ‘You can call me and I will get it done’ for every question directed to him. Asked to comment on how to stop talented Malaysians from leaving the country, the three-term PJS parliamentarian said he was ‘okay with it’ before talking about the ‘Malaysia My Second Home’ program which led to boos by the crowd again. When a member of the audience asked Donald to talk about oil subsidies and profits by Pertonas, he said it was ‘not a state issue’ to more jeers from the audience. The crowd also laughed at Donald’s expression as he passed the microphone to Thuan Seng several times to avoid questions. Towards the tail end of the Q&A session, Maxwell Towers Residents Association chairman Victor Oorjitham had challenged the BN to sign a pledge that they help prevent Bukit Gasing from being developed and to get Prime Minister Abdullah Ahmad Badawi to make a public announcement that there will be no development on the 15.52 hectare secondary forest. The crowd gave a standing ovation as Victor went up on stage to give the respective incumbents the pledge form. Not signing pledge However, Thuan Seng declined to sign it but promised to get the Kuala Lumpur City Hall to disclose their development plans. "I am not going to sign this pledge. When you talk about your rights, about justice and fairness but we must think about other people’s rights. "I won’t say I can do this and that and perform miracles like somebody’s manifesto, they are bluffing. At the end of the day I will walk away with my conscience clear. "If you want to vote me in or not this time, it’s your choice. I’ll do what I can for you. I’ll let my records speak for itself," he said. Meanwhile Donald said he can sign the pledge but is unable to get Abdullah to make a public announcement. "If you come to see me, we can do something about it. What for I sign something that is impossible. Come see me, we can discuss ways to get around it," he said to the amusement of the audience. DBKL has approved land owner Gasing Meridian Sdn Bhd’s plans to build 142 bungalows on the green lung of Petaling Jaya. Protests have taken place since 2006 from residents concerned with the possible land erosion due to the hill’s soil composition which may results in landslides. The Catholic SFX parish has previously held a similar dialogue between the BN and opposition candidates in the 2004 election.

Report card: Excellence, glory, distinction

Report card: Excellence, glory, distinction

Feb 26, 08 4:06pm

On the eve of the 2004 general election, the ruling Barisan Nasional (BN) coalition unveiled an impressive manifesto under the slogan of ‘Excellence, Glory, Distinction’. It contains a slew of breathtaking promises involving the economy, education and religion, among others. Four years later, with another election in two weeks, how did the BN fare in fulfilling its promises? Here’s our verdict. Economy In order to face future economic challenges, BN will: Pursue economic growth strategies to achieve Vision 2020. Enhance competitiveness in order to build a resilient and performance-based economy. Develop rural areas as new centres for economic growth. Exercise prudent and responsible fiscal management. Four economic growth corridors were introduced during this period; Iskandar Development Region (IDR), Northern Corridor Economic Region (NCER), Eastern Corridor Economic Region (ECER) and Sabah Development Corridor (SDC). IDR, created in July, 2006, is expected to lead the way in helping different regions in Malaysia. Being the first among the four to be mooted by Prime Minister Abdullah Ahmad Badawi’s government, IDR’s progress will be a good indicator for the other three’s success. However, IDR is currently is still in its infancy and it is still too early to gauge its success. Nevertheless, property developers such as Eastern & Oriental Bhd and UEM World continue to invest in this region. Growth was kept between 5.2 percent and 7.2 percent from 2004-2007, in line with Singapore, Thailand and Indonesia. Compared with other developing countries Malaysia is on par with Hong Kong, South Korea and Taiwan. Only China and India posted much higher figures, averaging 9.7 percent for the same period. However, while the GDP growth is maintained and even matches and surpasses other developing countries such as Singapore, Hong Kong, South Korea and Taiwan, the GDP per capita continues to lag far behind them. Hong Kong’s (population: 7 million) GDP per capita income is estimated to hit US$30,448 while Singapore (population: 4.5 million) and South Korea (population: 49 million) are expected to reach US$34,461 and US$20,634 respectively. Malaysia’s GDP per capita income continues to trail 3-5 times below the above countries. In the latest Economic Report 2006-7, it is expected to touch US$7,098 if it achieves its target of 6-6.5 percent growth in 2008. Another issue affecting BN’s claims to economic success pertains to corruption. Although, corruption in itself is not included directly in economic considerations, a high level results in unnecessary wastage of funds and a drop in investor confidence. In an annual survey of expatriate business executives in 13 countries conducted by Hong Kong-based Political and Economic Risk Consultancy (PERC), Malaysia came in seventh behind Singapore, Hong Kong, Japan, Macau and Taiwan. Malaysia scored 6.25 in a grading system with zero as the best possible score and 10 as the worst. Comments Money flows freely again after the economy almost grinded to a halt soon after Abdullah took power. Major question marks - will there be open tenders for government procurements and what will happen when we become a net oil importer in five years? Balanced development Ensuring balanced socioeconomic development is an ongoing effort. BN will: Fully eradicate poverty and reduce income disparity. Ensure balanced regional development in all states throughout Malaysia. Improve the effectiveness of social programmes to help marginalised groups such as Orang Asli, the disabled and elderly. Enhance measures to protect our heritage and environment. Chief among the problems plaguing the current administration continues to be the income disparity between urban and rural inhabitants. According to a United Nations Human Development Report in 2004, Malaysia has the highest disparity between the rich and the poor in Southeast Asia. The report states that the richest 10 percent controls 38.4 percent of the economic income compared to the poorest 10 percent who control only 1.7 percent. As a result of this, Kuala Lumpur has seen increasing numbers of squatters and slums and an increase in petty crime such as snatch theft and robberies. BN also did poorly on the protection of the environment. Here are some examples: Currently there are several law suits in Sarawak where natives are suing timber giants for logging and having presence on native customary rights (NCR) land. Most natives have accused the state government to be in cahoots with the logging giants. The government officially scrapped the Broga mega-incinerator in 2007 after dogged protests mounted by residents against the incinerator. Since 2002, villagers from Broga have protested against the 1,500-tonne incinerator plant on grounds that it posed a serious threat to public health, the environment and their livelihood. The Save Bukit Gasing movement began after the land owner, Gasing Meridian Sdn Bhd, has applied to build 142 bungalows on the 15-hectare land in 2006. Bukit Gasing - considered the green lunch of Petaling Jaya - is highly susceptible to land erosion due to its soil composition and have gotten residents worried that development on the hill would cause landslides. The movement recently filed for a judicial review by the High Court to compel DBKL to hold a public hearing on the proposed development application on Feb 11, 2008 after the city hall denied residents access to their meeting with the developers. Comments While the government appears to make headway in the fight against poverty, it doesn’t look like it has the political will to bridge the income inequality gap. More so, when it ignores intra-ethnic disparities in its bid to strengthen the New Economic Policy. Education BN will advance our present education system as follows: Ensure quality teaching and learning at all levels of education. Enhance teaching of communication skills including English, ICT skills, problem-solving and critical thinking skills. Foster student interaction to enhance national unity. Enhance higher education institutions to produce high-calibre graduates. In Nov 2005, a government survey revealed that nearly 60,000 Malaysian graduates were unemployed because of their lack of experience and poor English and communication skills. The study by the country's Economic Planning Unit in September said the typical unemployed graduate was female, from the majority ethnic Malay race and lower income groups. In July 3, 2006, Deputy Human Resources Minister Abdul Rahman Bakar revealed that some 70% of public universities and institutes of higher learning graduates in the country are unemployed. UiTM (Mara Technology University) showed as having the highest number with 3,278 unemployed graduates. This is in contrast with 26% for private institutions of higher learning and 34% for foreign graduates. At the same time, Human Resource Minister Fong Chan Onn disclosed that his ministry has spent a whopping RM82 million from RM100 million allocated to run a graduate retraining programme to sharpen the skills of unemployed graduates. Local universities continue to perform poorly according to influential Times Higher Education Supplement (THES) on world university rankings. Universiti Malaya (UM) plunged from its 89th place in 2004 to 192 in 2006. Last year it fell out of the top 200 rankings altogether. Meanwhile, Universiti Sains Malaysia (USM) rose by 105 places to break into the top 200 ranked universities for the first time, climbing from 289 last year to 185 in 2006. It did not make the top 200 cut a year later either. Comments Meritocracy in education is still a pipedream. Meanwhile, expect our top educational institutions to continue to slide downwards. Religion BN will: Continue to build a progressive and modern Islam Hadhari. Improve the application of syariah law in the country, and ensure Muslim women have recourse to a fair and just legal system. Upgrade Islamic education through syllabus improvements, compulsory Arabic language courses for Muslim students and completion of Quran recital during primary school. Enhance the welfare of imams and other religious officers. Muslim-born Indian who was raised as a Hindu M Revathi was detained at the Malacca Syariah High Court in January last year when she attended a hearing over her application to have her official religious status be recognised as a Hindu. She was detained at the court and subsequently held at the Ulu Yam religious rehabilitation camp in Selangor for six months until she was freed in July 2007. Born Siti Fatimah Abdul Karim to Muslim convert parents, Revathi said was subjected to ‘mental torture’ and was forces to pray, eat beef and wear a headscarf. It is part of Hindu tradition to avoid the consumption of beef. Her story sparked a row on Muslim conversion drawing vociferous views from proponents of religious freedom and Islamic commentators. The issue of body snatching also raised religious tensions in December 2005 when Syariah Court ruled that Mount Everest hero M Moorthy was a Muslim on an application by the Federal Territory Islamic Religious Council despite his family’s insistence that the former army commander had died a practicing Hindu. In Nov 30, 2006, Selangor Islamic Council (Mais) and the Selangor Islamic Department (Jais) tried to claim Anthony Rayappan’s body from Hospital Kuala Lumpur morgue to bury him as a Muslim. Rayappan, who was born a Roman Catholic, but converted to Islam in 1990 when he took a Muslim woman as his second wife. However, he had renounced Islam in 1996 and went back to his first wife Lourdes Mary and their six children. After a legal battle, Mais released the body back to Lourdes. She has sued the religious authorities for general, aggravated and exemplary damages. There has also been demolition of Hindu temples which sparked activism by the Hindu Rights Action Force (Hindraf). According to the movement, 79 temples have been demolished nationwide since 2006. The height of these tensions reached its peak when the 100-year-old Sri Maha Mariaman temple located in Klang was demolished by Shah Alam City Council without a valid court order. The controversy over the use of the word ‘Allah’ began when the Catholic Church’s weekly organ Herald was facing problems in renewing its yearly publishing permit allegedly over the use of the word ‘Allah’ in its Bahasa Malaysia section. Although the Internal Security Ministry backed down and granted the weekly paper an unconditional permit, more disputes over religious materials soon surfaced. This included Customs Department officials confiscating English language Christian children’s books said to contain offensive caricatures of prophets and English bibles thought to be for commercial use. Sabah Sidang Injil Borneo Church president pastor Jerry Dusing has also filed a suit against Abdullah in his capacity as internal security minister over after six titles of children Christian literature from Indonesia containing the word ‘Allah’ for their Sunday school education were banned from being imported. On Jan 29 this year, a teacher in Perak has been reprimanded for forcing six Hindu schoolboys to shave their mustaches and beards, which they were growing for Thaipusam. The teacher also forced the students to remove religious wristbands to enforce a rule that no ornaments be worn in school. The teacher has since apologised. Comment Islam Hadhari has appeared to fail miserably.

Rejected - Hindraf 5 to remain under ISA

Did we really expect the High Court to release the HINDRAF 5 -- after all note that the court can only look and see whether procedure was followed in the issuance of the Detention Order. The court cannot look and/or review the reasons forwarded for the Detention and/or whether there is any evidence whatsoever to support the said allegations..... Rejected - Hindraf 5 to remain under ISA

Feb 26, 08 12:32pm

The Kuala Lumpur High Court today rejected the habeas corpus applications filed by five Hindu Rights Action Force (Hindraf) leaders held under the Internal Security Act (ISA). Judge Zainal Azman Abdul Aziz told a packed courtroom that the detention order issued by the internal security minister was valid and met all the requirements under the ISA. He said the court had taken into consideration the affidavits filed by the applicants and the affidavits filed in reply by the respondents, including the supporting affidavit by the minister. However, he said there was nothing to show that the requirements were violated. The judge also stated that based on previous cases, the minister could order a person to be detained under Section 8 of the ISA. Hundreds of supporters In their habeas corpus applications, the five stated that their detention was unlawful because of the vague grounds given for their arrest. The five - P Uthayakumar, M Manoharan, T Vasantha Kumar, V Ganabatirau and R Kenghadharan were held on Dec 13 for allegedly organising an illegal assembly on Nov 25 and for making seditious statements against the government. Disappointed with the judgment, some 300 Hindraf supporters outside the courtroom shouted 'Valga Hindraf' (long live Hindraf) and 'Valga Makkal Sakthi' (long live people's power). The detainees' counsels Karpal Singh and his son Gobind Singh Deo told the crowd that an appeal would be filed with the Federal Court tomorrow. Gobind said while they respected the court’s decision, they were not happy with it and vowed to fight for justice till the end.

An interesting read....before casting your vote

Of Bull, Broken promises, Blockheads, Buffoons, Bigots, and Bravehearts

by Martin Jalleh

It is the Year of the Rat. The Prime Minister (PM) has just let the cat out of the bag – the “General Elections (GE)” will be real soon, for there is a feeling amongst many that the country is going to the dogs.

The PM, who has never lost any sleep since he became the PM – has been trying to awaken the nation to an imminent GE. He had declared in June last year, in what could have been the most important statement of his political career: “I am no sleeping PM”!

Four years have passed swiftly by since Pak Lah became PM. He has made it very clear he is no “one-term” PM. Why, in between his many 40 photogenic winks he has even come up with Vision 2057! Who says the PM has failed to walk the talk -- when he has even managed Bolehland sleepwalking!

But the boys on the fourth floor of Putrajaya who have been spinning the broken record which critics have entitled “I started a joke” have a tough job ahead. Experts of make-believe and myths, they have to create a mega-mirage of a PM and a government with a proven track record this coming GE..

Often, and as was evident in 2007, their script and sandiwara have spun out of control by the silly statements of small-minded and self-serving sycophants surrounding the PM, causing Pak Lah and his government to stumble from one comic caper to another.

As the government’s delivery system fell apart, very symbolically and significantly so did structures give way in buildings such as parliament, the world’s second largest court complex in Jalan Duta and even Putrajaya.

Back to the PM’s “proven track record”, surely the year 2007 was a very “revealing” year and there was so much that the ordinary citizen of Bolehland could fall back on to help them decide who they should vote for this coming GE.

Excellent Economy

50 years ago, we were second in Asia in terms of economic development. Last year we were almost second last. We also had much lower FDIs than many other countries in ASEAN such as Thailand and Indonesia. But we were told our economy is doing well compared to many countries.

As one BN MP had so proudly declared in parliament last year, Bolehland had great cause to celebrate Merdeka, for we are “10 times more (economically) advanced than Ghana” which became independent in the same year as us!

Why bother with former European Commission Ambassador to Malaysia Thierry Rommel’s remark that the NEP amounted to protectionism against foreign companies? It is only “loglokal” that Umno still needs not only an unleveled-playing-field but also to move the goalposts from time to time.

2007 was another high point of Pak Lah’s premiership. We had to contend with high prices of food, fuel, gas, public transportation, tolls, etc. resulting in a high cost of living. We were told we were better off than four years ago. We were merely paying the high price of believing some people in high places.

Even government backbenchers doubted the positive economic indicators by the government and expressed disappointment that the grassroots were not benefiting from domestic economic development. It is difficult to gauge what is going on in the grassroots when you are governing from the fourth floor!

Graft Galore

Pak Lah’s track record in his supposed “zero tolerance for corruption” drew a big zero in 2007. But there were several “firsts”. For the first time in the country serious allegations of corruption were made against the chief of the Anti-Corruption Agency (ACA) and even the Inspector General of Police (IGP)!

Corruption allegations were also made against the Deputy Internal Security Minister, the Sabah and the Sarawak Chief Ministers and the Commercial Crime Investigation Department chief! It was revealed that 40% of the senior police officers could be arrested without further investigations – strictly on the basis of their lifestyles!

Another first was when the parties suspected of corruption investigated each other! The police investigated the (then) chief of the ACA; the ACA investigated the Internal Security Deputy Minister and the IGP….and the Attorney-General decided that all three were clean!

What the Mahathir administration took to “achieve” in 22 years – pervasive corruption and criminal breach of trust, mismanagement and wastage of public funds – Pak Lah’s regime did even better in his first four years, made evident especially in the 2006 Auditor General’s Report.

Dr M’s administration ended with Malaysia being ranked No. 37 on the Transparency International (TI) Corruption Perception Index (CPI) in 2003. Three years after Pak Lah took over, Malaysia’s TI CPI ranking plunged to No. 44 in 2006. It is likely to plunge further.

Crippling Crime

Pak Lah also achieved a record of sorts with regard to his pledge of a drastic reduction of the crime rate in the country. For the first time in Bolehland’s history, the crime index crossed the 200,000 mark. The rakyat in Bolehland did not feel good nor safe at all – whether inside or outside their homes!

The crime rate soared from 156,315 cases in 2003 to 224,298 cases in 2007 – a sharp rise of some 45% in the past four years of Pak Lah’s premiership. The number of serious crimes increased by 13.36% nationwide, with gang robbery without the use of firearms rising by more than 159% .

Shocked by the crime statistics of 2007, Pak Lah came up with a multi-pronged anti-crime strategy. What was really needed was the setting up of the Independent Police Complaints and Misconduct Commission (IPCMC), a key proposal by the Royal Police Commission.

The PM had in fact in principle agreed to the setting up of the IPCMC on 24 January 2006, but by the end of 2007 his track record showed that his biggest “crime” was to shelve the IPCMC and replace it with a toothless Special Complaints Commission proposal.

Blocking Bloggers

2007 saw the elite in Umno going berserk over blogs. For so long they had monopolised “the truth". Unable to “buy over” the countless blogs on the Internet as they do with newspapers, they did what they were best at – “criminalise” or demonise what was a major threat to them.

It was quite a record – they intimidated bloggers with police reports (and yet could not pinpoint what they were complaining about!), law suits, arbitrary arrests, police interrogations and threats of the government’s use of the ISA, the Sedition Act and a host of other laws.

On International Women's Day, Tourism Minister Tunku Adnan bin Tengku Mansor put on record how the government (also read as Umno) felt about bloggers: “All bloggers are liars, they cheat people using all kinds of methods. From my understanding, out of 10,000 unemployed bloggers, 8,000 are women.”

“All bloggers are not in favour of national unity. Our country has been successful because we are very tolerant with each other, if not, there will be civil war, the Malays will kill the Chinese, the Chinese will take revenge and kill the Malays, and the Indians will kill everyone,” Adnan proved how asinine he was.

But bloggers were not bothered. (Raja Petra was the least petrified.) They refused to be cowed by the blather on blogs by the bunch of official blockheads. They took to heart former PM Dr M’s description of them as being the "only hope" left to speak out on problems in the country.

Puerile Parliament

Pak Lah had quite a track record of being absent from parliament. In fact he was more overseas than in the august house. In a 44-month period as PM he made 83 overseas trips. Yet his deputy Najib Tun Razak would declare: “Parliament’s importance has not diminished even after 50 years of independence”.

Najib added that the role of the country’s legislature “should be given due respect not only from the elected representatives but also the people”. It was difficult to take Najib seriously especially when one takes into account:

§ the serious problem of high absenteeism in parliament amongst BN MPs

§the presence of six cows and 10 goats on parliament grounds waiting to be slaughtered for a dinner scheduled at the banquet hall to celebrate Pak Lah’s wedding

§ the severe and recurrent leaking problem of parliament's roof and the “bocor” comments by two BN MP buffoons – with Minister in the PM’s Department Mohd. Nazri Abdul Aziz, and even Najib defending their remarks

§ the comments of spineless, silly, sexist and of course ‘stupid’ MPs

§ the hype, hypocrisy and of course, hysterics and histrionics in Parliament led byMinisters like Nazri

§ the arrest of over 20 people within the parliamentary precincts when they wanted to hand over a memorandum.

Idiocy & the ISA

The government of Pak Lah created its own track record on the 20^th anniversary of Operation Lallang which took place last year. Minister in the PM’s Department Bernard Dompok claimed there had been no detention under the ISA after Pak Lah took over as PM in 2003!

Foreign affairs ministry parliamentary secretary Ahmad Shabery Cheek had even the cheek to insist that “no one has demanded that the ISA be abolished”.

The PM himself declared that the ISA “is still relevant and useful” and that “matters pertaining to the rights of detainees will be given due consideration and assessment”. How can this be done when the basic tenet of the ISA is to detain a person without trial?

The Abolish ISA Movement (GMI) demolished Dompok’s claim by providing the statistics of arrests and renewal of detention orders under the ISA during Pak Lah’s premiership. They relieved Ahmad Shabery of his amnesia by forwarding him the long history calling for the abolishment of the ISA.

In a landmark decision the Kuala Lumpur High Court ruled that ex-ISA detainee Abdul Malek’s arrest was unlawful and that he was assaulted under police custody. He was awarded RM2.5 million in damages.

But it did not deter the government from ordering the arrest of five leaders of the Hindu Rights Action Force (Hindraf) under the ISA on the false notion linking them to terrorists without a shred of evidence. Samy Vellu would later confirm that was no such evidence.

Muzzled Media

“I think this government under Prime Minister Abdullah Ahmad Badawi is a very, very liberal government,” Nazri tried very hard to convince himself as he spoke at a National Union of Journalists (NUJ) forum in September.

How and when was Pak Lah’s government “very, very liberal”? Was it when:

· Information Minister Zainuddin Maidin (Zam) told the top editors of the media that there was “no need to tell the PM the truth”?

· Chief secretary to the government Mohd Sidek Hassan instructed the media to avoid emphasising on news deemed negative against the government, such as the 2006 Auditor-General’s report?

· Chairman of the Malaysian Communications and Multimedia Commission Halim Shafie ordered broadcasters against giving airtime for speeches by opposition political parties?

· the media were barred from covering the public hearing on crime held by the

Parliamentary Caucus on Human Rights and Good Governance in Petaling Jaya by Caucus chairman Nazri Abdul Aziz,?

· all editors were rounded up to take specific instructions from the 4th Floor Boys in Putrajaya as to how to report the wedding of Pak Lah?

· Zam told local newspapers not to quote from Internet blogs or use them as sources of information?

· the Internal Security Ministry issued a directive to mainstream media not to publish any news on the issue of Malaysia being an Islamic State and only to publish statements from Pak Lah and his deputy?

· Bernard Dompok’s disagreement with the PM and deputy PM that the country was an Islamic state was blacked out by the mainstream media?

· editorial interference led to self-censorship which in turn had resulted in stories being slanted heavily towards the government such as the public rallies by Bersih and Hindraf?

The “liberalism” which Nazri spoke so proudly of resulted in Bolehland achieving the worst-ever ranking in the latest worldwide press freedom index released by Paris-based watchdog Reporters Without Borders (RSF) – the sharpest plunge of 32 spots from 92 to 124 placing, which is also Malaysia’s worst ranking in the RSF annual worldwide press freedom ranking since it was started in 2002

Judicial Jesters

The defects which began to show on nine occasions in a three-month period after the opening of the second largest court complex in the world in Jalan Duta were very symbolic of the state of the judiciary in 2007.

Here too Pak Lah and his government achieved a record of sorts. The two main players were then Chief Justice (CJ) Ahmad Fairuz and Nazri who is also the de facto Law Minister. Both were ready to do whatever it took and to utter the most naïve and nonsensical in order to maintain the status quo.

For the first time, the country did not have a Chief Judge for eight months, and the Nazri would insist that there “is no law that says the Chief Justice cannot act as the Chief Judge of Malaya”.

It was also the first time when a de facto Law Minister of Bolehland openly declared that he is the Minister for the Chief Justice! It showed how nascent Nazri was.

For the first time too the country heard a CJ confess the existence of judges who

(a) were often seen socializing with lawyers, prosecutors and corporate figures while hearing their cases in court;

(b) were “constantly angry and foul-tempered”, portraying themselves as being the most brilliant or perfect judge in court;

(c) accepted bribes.

No action was taken against all these judges!

The super fast-track appointment of Umno lawyer Zaki Azmi as the president of the Court of Appeal was also unprecedented. The government was passing a vote of no confidence on the judiciary and saying there was no one else in the judiciary worthy of the position!

Fairuz would go on to advocate the abolition of Common Law and favouring its replacement by an Islamic law system. He would challenge Karpal Singh to reveal the name of a Federal Court judge who had not written judgments in as many as 35 cases. When the latter did, the then CJ kept an elegant silence.

With his track record, Fairuz was put on a fast-track to retirement. It was perhaps the most “correct, correct, correct” thing that Pak Lah and his government did. It would also give Fairuz a lot of time to recall his supposed infamous telephone conversation with V. K. Lingam.

People Power

2007 was a year when the ordinary citizens decided courageously to record their feelings on the streets of Bolehland. They believed in their right to peaceful assembly and freedom of expression, in spite of the government’s poor track record of respecting these rights.

And so they told Pak Lah the truth –

on 8 Sept. when 750 people gathered near Batu Buruk, in Trengganu for a Bersih ceremah;

on 26 Sept. when 2,000 lawyers and others marched to the PM's Department in Putrajaya to hand over a memorandum asking for a Royal Commission to investigate the lingering Lingam tape scandal.

On 10 Nov. 40,000 converged at Istana Negara to express their concern over the conduct of elections in Malaysia;

on 25 Nov., about 40,000 ethnic Indians protested against the marginalisation of the Indian community;

on 9 Dec., a 100-odd crowd attempted to conduct a march commemorating Human Rights Day.

The tell-me-the-truth government could not handle the truth. Predictably each assembly was labeled “illegal” – is the Federal Constitution illegal? We were told it is not our culture to demonstrate – ask Umno, its in their history. It will damaged the country’s good name – peaceful assemblies are a common democratic feature overseas. There will be violence – only when the police “riot”.

In sharp contrast was former deputy PM Musa Hitam, who, when asked in an interview whether Malaysia is ready for peaceful assemblies, spontaneously declared: “Yes! Come on, we have been independent for 50 years”!

Pak Lah’s ministers stammered, stuttered and struggled to make some sense in front of the international media and to justify the government’s desperate responses such as charging the peaceful Hindraf assembly for “attempted murder”!

The mainstream media sank to a new low. At the 50^th year of our nationhood we still have a servile press sucking up to their political superiors and giving stories a spin and a slant that suits, soothes and serves the government.

The police pranced, pounced on and provoked. They pushed and pulverized. They pummeled and reduced to a pulp. They pounded with chemical-laced water and pierced the air with tear gas.

But the people, especially in the Bersih and Hindraf assemblies showed they were no longer afraid. There were even moments when they stood their ground. The police lost all authority and respect Fully armed, they were helpless!

Rage on Race & Religion

For years Malaysia was very well known as Asia’s melting pot of races and religion. But Pak Lah’s track record showed a country gradually turning into a boiling pot – a land where opportunistic politicians used race and religion to stir the cauldron.

The PM, of whom well-known writer M. Bakri Musa calls “His Hollowness the Imam of Islam Hadhari” failed to put a leash on the increasing number of lower echelon zealots or those whom columnist Helen Ang calls “Little Mullah Napoleons” running riot with their brand of religion.

Marina Mahathir’s Musings in May 2007 highlighted the existence of a “new association registered for the propagation of the shallow and superficial (SS)” and meant for those “who have nothing better to do with their lives than look for monsters under their beds, enemies in their blankets or crosses in their buns”.

“Just as we don't see the supreme irony of trumpeting our religious superiority while at the same time claiming that it only takes biscuits to destroy us, we don't see the irony of extolling ourselves as a superior race while at the same time insisting on crutches and handouts,” was Marina’s marvelous conclusion.

“2007 has proved to be one of the most divisive and troubled years in the half-a-century of Malaysia's nationhood – with religious polarization assuming its most serious dimension, compounding an already difficult problem of racial polarization in the nation-building process,” observed Opposition Leader Lim Kit Siang.

In 2007, Pak Lah would create a record of sorts by contradicting himself time and again on matters concerning race and religion. For example, he would preach the virtues of inter-religious dialogue but would go on to ban the Building Bridges Conference, a seminar meant to bring together Christian and Muslim scholars of international repute.

The PM would insist on Malaysians being sensitive to each other but he would defend Hishammuddin’s brandishing of the keris at the Umno annual general assembly. He would also give his blessings to Umno holding its annual general assembly – on Deepavali!

He would emphasise that Malaysia is not a secular nor a theocratic state but would later decide to follow his deputy in declaring that Malaysia is an Islamic state – and made sure that the mainstream media carried his and Najib’s views only – what a dialogue!

In his Christmas message of 2007 he would call on Malaysians to move forward and put the country’s interest before any “narrowly-defined demands”. He would then be so “narrow-minded” as to ban the use of the word “Allah” by those of non-Muslim faiths, and its use in the Herald, a Catholic weekly!

Anwar Ibrahim provides a good comment on Pak Lah's track record in this regard: “The ruling BN coalition is appealing to Muslim sentiment to reinforce its support in elections which could come in March…Malaysia's problem is not radicalism…The real issue is what I would describe as state-sponsored Muslim puritanism more by racist sentiments than religious principles.”

Flip-flopping into the future?

The once looking good PM who had the people feeling good, increasingly failed to deliver the goods of transparency and accountability. Indeed in 2007, the supposed fairy tale of change by Pak Lah became what it really was – a full-bloom farce.

After four years, the PM has no concrete results to show – just cheap claptrap. The only significant change of Pak Lah was when he made an amendment to the Federal Constitution to allow the then 65-year-old Election Commission Chief to serve until the age of 66 – do you smell a rat?

Will the citizens of Bolehland re-elect the “flip-flop” PM and continue to stomach the farce, flaws and fraud flung at our faces by the 4^th Floor Boys? Will Malaysians want to bring back the many soiled reputations, spent characters and self-seeking politicians of UMNO and the BN?

It is time to get real. Even the part-time model “space participant”, who came close to a moonwalk at the cost of RM90 million of our hard-earned money, had to come down to earth, and is probably busy back at the catwalk.

Indeed, ratting through the past four years it does not take very much for one to see that Pak Lah has ratted on his promises of 2004. Surely, enough is enough! A
Happy Rat Year!

Martin Jalleh

14 Feb. 2008

Pulling up bosses who abuse foreign workers

2008/02/19

Pulling up bosses who abuse foreign workers

By : Suganthi Suparmaniam

KUALA LUMPUR: The Labour Department will go all out this year to prosecute employers who mistreat their foreign workers as they have tainted Malaysia's good name.

Its legal and enforcement chief, Khamis A. R. Majid, said each of its 300 officers were expected to prosecute at least two cases this year.

To date, the department has 45 cases pending. They include unpaid wages, unfair deductions of salaries and abusive employers.

He acknowledged that outsourcing companies, which bring in workers in large numbers before contracting them out to work with different employers, have caused many problems.

"We will do our best to inspect the outsourcing companies," he said, adding that cancelling the permits of such unscrupulous companies was not under his jurisdiction.
"We are serious. We are going all out to investigate those who employ foreign workers," he said at a conference on "Developing a Comprehensive Policy Framework for Migrant Labour" here yesterday.

The conference, jointly organised by the Bar Council and the International Labour Organisation, was attended by about 300 participants.

Khamis said his department had also proposed that employers pay for the insurance for their domestic workers, failing which they would be fined a maximum of RM20,000 or jailed for two years.

He said foreign workers should seek the help of the labour department if they were mistreated by their employers.

RICH getting RICHER poor getting poorer....

Now, if we were to look at the distribution of wealth in Malaysia based on ethnicity, of course the figures will not be reflective of the wealth of individual households within that particular ethnic group. The government must provide us with the statistics that show us how much wealth or income that households do have...and I am sure we will find that the majority of households are really not well off - if not poor...irrespective of whether the are Malay, Chinese, Indian, Semai, Kadazan, etc.. After all, Malaysia has been shown to have the biggest gap between the rich and the poor...whereby the richest 10% own 22 times more than the poorest 10%. "Malaysia has the largest gap between rich and the poor in Southeast Asia, where the top 10 percent is 22.1 times richer than the poorest 10 percent. Malaysia's income gap is higher than Philippines (16.5), Thailand (13.4), Indonesia (7.8) and Vietnam (8.4). The richest 10 percent in Malaysia controls 38.4 percent of the country's economic income as compared to the poorest 10 percent controlling 1.7 percent." In fact, it should not just be the Indian poor out there in the streets claiming discrimination - it should be the Malaysian poor... I am sure that some of the "rich" are not listed as they are clever in concealing their wealth...and after all this list is based on 'public records' i.e. of "value of stakes in listed companies..". What about lands and property they own? What about non-listed companies? What about other assets? As mentioned before, the only one to blame for this unequal (or inequitable) distribution of wealth amongst Malaysians and Malaysian households, families and individuals is our government --- oh yes that Barisan Nasional government (before the Perikatan government) - the one and only government we have had... Maybe time for a change is here... Kuok's still 'Mr Richest'

Feb 16, 08 2:56p

Sugar King Robert Kuok Hock Nien remains the richest Malaysian, ahead by a wide margin from closest rival T Ananda Krishnan, according to Malaysian Business magazine's list of 40 Richest Malaysians. The magazine in its Feb 16 issue puts Kuok's wealth at RM58.11 billion, which accounts for nearly 36 percent of the total wealth of the 40 richest. The Hong Kong-based tycoon added a whopping RM25.7 billion to his vast fortune last year, due to the higher equity prices of his stable of listed stocks. It said Ananda Krishnans fortune however registered a marginal drop to RM19.63 billion. IOI Corporation Bhd's Lee Shin Cheng, said the magazine, has for the first time etched himself in the top three position of Malaysia's richest by doubling his fortune to RM14.94 billion. YTL patriarch dislodged Others in the top-10 ranking are Quek Leng Chan of Hong Leong Group (RM11.098 billion), Syed Mokhtar Albukhary of the Albukhary Foundation (RM8.550 billion), Teh Hong Piow of Public Bank (RM8.060 billion), Lim Kok Thay of Genting (RM3.168 billion) and Tiong Hiew King of the Rimbunan Hijau Group (RM3.87 billion). The magazine said two tycoons found their way to the Top-10 - Vincent Tan of Berjaya Group (RM3.409 billion) and Azman Hashim of Amcorp Group (RM2.87 billion). "They dislodged YTL Corp patriarch Yeoh Tiong Lay who slips to 13th position (RM1.747 billion)," it said. Among the notable new entrants to the list is Singapore-based Ong Beng Seng who, at RM1.74 billion, ranks number 14. The others are Tony Tiah Thee Kian of TA Enterprise Bhd, Lau Cho Kun of Gek Poh Holdings, Lin Yun Ling of Gamuda Bhd, Liew Kee Sin of SP Setia Bhd and Kwan Ngen Chung of Kwantas Corporation Bhd. The full list of the 40 tycoons and details of their wealth appears in the magazines Feb 16 issue. Their wealth was assessed based on the value of their stakes in listed companies as at Jan 18, 2008," the magazine said.

200 nabbed at rose protest

200 nabbed at rose protest

Feb 16, 08 11:33am (Malaysiakini)

Police fired teargas and chemical-laced water cannons in a bid to disperse some 300 Hindu Rights Action Force (Hindraf) supporters who gathered for a peaceful event in Jalan Raja Laut, Kuala Lumpur, early this morning. According to Hindraf coordinator S Thanenthiran, about 200 people have been arrested. Also nabbed was Hindraf’s rose campaign organiser S Manickavasagam. There were heavy police presence in Jalan Raja Laut. Four water cannon trucks were stationed along the route leading to Parliament. The Hindraf event was initially planned to be held at the Parliament gates where 200 children were to gather to hand over roses as a peaceful gesture requesting that Prime Minister Abdullah Ahmad Badawi heed the group’s 18-point demands. News that roads leading to Parliament were closed to prevent them from going to Parliament then led them to change the gathering venue to Jalan Raja Laut. After being chased away by some 40 plainclothes policemen, the supporters ran and were scattered around the Masjid India area. full report to follow Watch video here.

Bersih PC disrupted, two arrested

Bersih PC disrupted, two arrested

Azreen Madzlan | Feb 15, 08 4:00pm (Malaysiakini)

Police today stopped polls reform group Bersih from holding a press conference in front of Istana Negara and in the process arrested PKR’s Information Chief Tian Chua. Also arrested was a PAS member identified as Jalaluddin Abdul Manap. Earlier, a delegation of Bersih leaders had submitted a protest note - addressed to the King - with regards to the fairness of the upcoming elections slated for March 8. The police had maintained a close watch on the group and moved in as soon as Bersih called for a press conference after submitting their memorandum at about 3pm. Tian Chua was arrested when he tried to prevent the police from confiscating a Bersih banner while Jalaluddin was arrested after he ignored a police warning to stop distributing leaflets calling the EC chairperson ‘a liar’. PAS Research Centre director Dr Dzulkifli Ahamd was heard pleading to the police officers to release Jalaluddin. "This is so cruel. Please release the old man. He’s old and has a heart condition. I’m willing to trade myself with him as long as you release him," he said. The Bersih and PAS delegations included Dzulkifli, Bersih secretariat member Dr Syed Azman Syed Ahmad Nawawi , PAS Vice-Presidents Ahmad Awang and Mohamad Sabu, PAS treasurer Dr Hatta Ramli, and PAS Youth Chief Salahuddin Ayub. Bersih - represented by Dzulkifli and Syed Azman - and PAS - represented by Mat Sabu and Hatta Ramli - managed to hand over their memorandum to an Istana Negara ‘customer service officer’, Mohd Hasmuni Abd Shukor. Apparently, police only allowed four of the delegates to submit the memorandum to Hasmuni at the palace’s second entrance located near the palace’s main entrance. There was heavy presence of police and FRU at the second entrance. Indelible ink concern In their memorandum, Bersih and PAS called for a royal commission on electoral reform to be set up after the general election. Bersih is also initiating a nationwide signature campaign to back their memorandum. Bersih is also demanding for: the cleaning up of ‘phantom voters’ from the electoral roll. for EC to make the use of indelible ink compulsory for all voters as at the moment, a voter can refuse to be marked by the ink. the abolishment of postal voting for the armed forces and police personnel. free and fair media access for all parties and candidates. a 21-day campaign period. Announcing the polling date yesterday, EC chairperson Abdul Rashid Abdul Rahman could not confirm whether the use of indelible ink will be implemented for the upcoming election. There have been concerns over the introduction of some of the new anti-cheating measures as election laws have not been amended to make them legally binding. Meanwhile, there was some confusion at the Istana Negara entrances today when the two groups from the Bersih and PAS delegation were separated. When contacted, Hatta said there was a mix-up over which palace gate the memorandum would be submitted at as there was also another palace gate at Jalan Bellamy - the third gate. When the second group arrived there, police refused to allow them to proceed to the second gate to join in the memorandum submission. The delegation’s second group included PKR Information Chief Tian Chua and Tenaganita executive director, Irene Fernandez. Police moved in to make arrests after Bersih members called for a press conference just after handing over their memorandum outside the palace’s second gate with supporters holding a yellow banner and posters of the EC chief. No permit but allowed Brickfield’s deputy police chief, Supt. Azri Abd Rahman had earlier told the crowd to disperse but Bersih’s representatives asked to be allowed to brief the reporters at the event. "Please disperse. You can do your press conference anywhere but here," Azri said. Azri told reporters later Tian Chua and Jalaluddin were arrested for obstructing police duties. The duo were taken to the Brickfields police station for questioning. Azri clarified that although Bersih had not applied for a police permit for their event, police had nevertheless still allowed them to submit their memorandum to the palace. He added 243 policemen and 26 police officers were present at the scene today. Asked to comment on Tian Chua’s arrest, he replied: "Well, I don’t know if he is (Tian Chua) but as I have been told, he looks like Tian Chua." Azri further said that for the general election campaigning period, anyone could apply for a police permit to hold a public assembly as long as they complied with public security rules. Later, at a press conference held by Bersih at the PAS headquarters in Jalan Raja Laut, Syed Azman questioned the police’s action in dispersing the crowd outside the Istana Negara. "The police reacted brutally and in an aggressive manner in dispersing us," he said. "Why did they act in this manner? It was not a rally or a demonstration. It was just a memorandum giving event and the palace even received our memorandum," he added. WATCH VIDEO

MALAYSIA : List of Ratifications of International Labour Conventions

List of Ratifications of International Labour Conventions

Malaysia
Member since 1957	15 Conventions ratified (14 in force)

C. 29	Forced Labour Convention, 1930 (No. 29)	11.11.1957
C. 50	Recruiting of Indigenous Workers Convention, 1936 (No. 50)	11.11.1957
C. 64	Contracts of Employment (Indigenous Workers) Convention, 1939 (No. 64)	11.11.1957
C. 65	Penal Sanctions (Indigenous Workers) Convention, 1939 (No. 65)	11.11.1957
C. 81	Labour Inspection Convention, 1947 (No. 81)	1.07.1963
C. 88	Employment Service Convention, 1948 (No. 88)	6.06.1974
C. 95	Protection of Wages Convention, 1949 (No. 95)	17.11.1961
C. 98	Right to Organise and Collective Bargaining Convention, 1949 (No. 98)	5.06.1961
C. 100	Equal Remuneration Convention, 1951 (No. 100)	9.09.1997
C. 119	Guarding of Machinery Convention, 1963 (No. 119)	6.06.1974
C. 123	Minimum Age (Underground Work) Convention, 1965 (No. 123) Minimum age specified: 16 years	6.06.1974
C. 138	Minimum Age Convention, 1973 (No. 138) Minimum age specified: 15 years	9.09.1997
C. 144	Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144)	14.06.2002
C. 182	Worst Forms of Child Labour Convention, 1999 (No. 182)	10.11.2000
Denunciation
C. 105	Abolition of Forced Labour Convention, 1957 (No. 105) Denounced on 10.01.1990	13.10.1958

In Kajang Prison only 300 teenagers languish waiting YEARS for their day in court...

When they are found to be not guilty and released - what will the future of these teenagers... one of them has been there in prison since he was 16 years old- now he is 19.(Remember that these are not convicted persons) And what about their EDUCATION - taught by other prisoners ....???? They should be in school getting their requisite education .... education certificate ...and maybe even heading on to the universities BUT their luck has ended them up in prison ---- "awaiting their day in court".. I am of the position that even for those convicted and serving out their sentences (irrespective of whether they are youths or otherwise), they must be provided every opportunity to continue their education so that when they do come out after serving their sentence, they would be better persons ... The statistics are only about Kajang Prisons - what about the other prisons in Malaysia?? Young, forgotten and behind prison walls

Sunday, 10 February 2008 08:13am

Group counselling at Kajang Prison. More counsellors are needed, say activists. ©New Sunday Times by Yong Huey Jiun Hundreds of teenagers are stuck in prison as they await their day in court. Activists tell Yong Huey Jiun why they should be in a more conducive environment THE teenager replies to each question clearly, making eye contact only when necessary. When asked how long he has been held in Kajang Prison, he lowers his voice to almost a whisper: “Since I was 16.” Nineteen-year-old Krishna is one of 300 juveniles remanded in Kajang Prison. Only those between 18 and 21 can be jailed in Kajang. Children under 18 are sent to a Henry Gurney School or other approved schools after sentencing. In 2002, there were fewer than 100 juveniles remanded in Kajang Prison. But there are three times as many there now, in spite of lawmakers and civil servants stepping up efforts to keep juveniles out of prison. Last year, the media highlighted the issue of minors languishing in jails as they awaited trial (which is most of them) or to be produced before a magistrate. In March last year, the Ministry of Women, Family and Community Development set up a task force to tackle the problem. When Malaysia ratified the Convention on the Rights of the Child (CRC) and passed the Child Act 2001, we seemed to be heading in the right direction. However, lack of enforcement threatens to derail any progress. The act forbids jailing of children under 14. Even children above 14 should not be in prison “if they can be suitably dealt with” through probation, a fine or compensation. In other words, a jail term should be the last resort. However, in practice, some juveniles may be remanded in prison for years awaiting trial. “There must be political will to ensure that these (children’s) cases are given the priority they deserve,” says Human Rights Commission of Malaysia (Suhakam) Commissioner Dr Chiam Heng Keng. She notes that some of these cases have even been forgotten with the juveniles remaining in jail for up to four years. But the number continues to rise because “there is no proper appreciation of the problems of juveniles", says Ragunath Kesavan, vice-president of the Malaysian Bar Council. Most of their families are too poor to afford bail. The legal process is slow and although there are courts for children, juveniles have to compete with adults for time in the same courtroom. Shelter Home for Children executive director James Nayagam urges fast tracking of children’s cases. Although the juveniles are separated from adults in Kajang Prison, Nayagam recommends special detention centres to be built for rehabilitation from the start. After all, the CRC is based upon rehabilitation, not punishment. Equally vexing is the lack of co-ordination between enforcement agencies and the Welfare Department. Very often, the probation officers are not informed early. “Probation officers must be informed immediately upon the arrest of the suspect, not later,” says Nayagam. Sometimes, families are not informed because the detainees do not want their parents to know they are in prison. Nayagam says as many as 80 per cent of the juvenile offenders come from families with a history of child abuse. All parties must take such factors into account when dealing with cases involving minors. “Judges must exercise discretion in their decision-making,” says Kesavan. For example, rather than setting bail, the judges could free them on a personal bond, especially for petty crimes. “RM1,000 can be a lot for a family with five other mouths waiting to be fed,” says Ranjit Singh, deputy superintendent at Kajang Prison. Kesavan says the purpose of bail is to secure attendance in court. It is not meant to be a fine. Access to education is, perhaps, the biggest concern for the juveniles behind these brick walls. Rows of plastic chairs and tables are lined up neatly in the classrooms, with those in attendance listening in rapt attention to the lesson of the day, not the least bit different from your everyday classroom in school. The difference is, however, the students are taught by their own kind. “Graduate prisoners” have stepped up to the challenge of overcoming the shortage of teachers by sharing their knowledge with their fellow inmates. “Some of them are engineers and accountants who are overseas graduates. Anyway, the juveniles can’t be doing nothing. Their mind needs to be actively engaged,” explains Ranjit. A desperate measure it may be, but nevertheless resourceful. Next week, the Prisons Department plans to ask the Public Service Department to provide teaching staff through the Ministry of Education. Aside from the prisoners’ own initiative, non-governmental organisations like Shelter volunteer on a regular basis. But parents are not always supportive of these efforts. Ranjit says parents fail to follow up with their children once they leave. “This is after we have invested time, energy and sometimes even money on the child. We hold classes for them and pay for their exam fees but they don’t turn up for the exam.” Kesavan also stresses the importance of including counselling, motivation, career guidance and skills training in the education content. Combating illiteracy is not the panacea to social problems. Ultimately, they need to learn skills to survive in the real world. There are two trained counsellors for about 600 inmates in Kajang Prison. In addition to having more trained counsellors, Suhakam suggests regular checks on child detainees as spelled out under Section 97 (4) of the Child Act. But the top priority for experts such as Chiam is that juveniles be kept out of prison as far as possible and their court cases processed as fast as possible. Meanwhile, Ranjit is satisfied with Krishna’s progress. It seems hard to believe that the shy teenager once resisted authority. “He fought often when he first came in but now he’s a good boy,” says Ranjit. Although Krishna has waited for more than three years, he remains hopeful. “I can’t wait to start over. I am looking forward to be free again.”

10.4 per cent of Malaysians with tertiary education are emigrating..

"YOU KNOW LAH" - by Anil Netto

The other day, I was waiting for a train. It was late by more than half an hour and crowds were already milling around on the platform. An elderly couple stood nearby, wondering what was happening. Before long, the gentleman walked up to me and asked if it was usual for trains here to be delayed. He looked Chinese Malaysian - and yet he didn’t sound Malaysian.

So I asked him if he was local.

He said yes, he used to work with Pernas/Sime Darby, but not anymore. He and his spouse had left the country and had settled in Australia.

I asked him why they had emigrated.

His answer was telling. All he said, rather diplomatically, was, “You know-lah.”

That “you know-lah” spoke volumes. And the sad part was, yes, I did know what he meant, without him having to say anything more. Of course, some leave for greener pastures, but many more leave for obvious reasons.

Whenever we think of migrants, we tend to think of migrants coming in droves to work in Malaysia. But we often forget about Malaysians who have emigrated.

According to the World Bank’s Migration and Remittances Factbook, the stock of emigrants from Malaysia stands at close to 1.5 million as at 2005. That’s 5.8 per cent of the country’s population. And that’s almost as high as the number of immigrants - 1.6 million - in Malaysia. (I presume this refers to documented immigrants only.)

And 10.4 per cent of Malaysians with tertiary education are emigrating. While the government tells us there is a shortage of doctors in our general hospitals, it is alarming to note that 2,211 or 11.9 per cent of physicians trained in the country have emigrated. (I hope it’s not 11.9 per cent in the year 2000 alone!)

MALAYSIA

Emigration, 2005
• Stock of emigrants: 1,458,944
• Stock of emigrants as percentage of population: 5.8%
• Top 10 destination countries: Singapore, Australia, Brunei, United States, United Kingdom, Canada, India, New Zealand, Japan, Germany.

Skilled Emigration, 2000
• Emigration rate of tertiary educated: 10.4%
• Emigration of physicians: 2,211 or 11.9% of physicians trained in the country

Immigration, 2005
• Stock of immigrants: 1,639,138
• Stock of immigrants as percentage of population: 6.5%
• Female as percentage of immigrants: 41.6%
• Refugees as percentage of immigrants: 2.8%
• Top 10 source countries: Indonesia, Philippines, China, India, Singapore, Thailand, Pakistan, Bangladesh,
Sri Lanka.

In comparison, the report for Indonesia shows that only 2 per cent of Indonesians with tertiary education emigrate from their country while only 1.3 per cent of physicians trained in Indonesia leave their homeland.

RM30-00 per day for food per prisoner???

It is very wrong for a person to be in prison after he has served his/her sentence - possibly one can sue the government of Malaysia and the Prisons Department for this. The Federal Constitution is very clear on this when it clearly states that "No person shall be deprived of his life or personal liberty save in accordance with law."

The next interesting point is the FOOD BILL per day per prisoner. About 442 ex-prisoners still in prison --- and RM13,260 food bill per day for the government... and that means per ex-prisoner per day food costs is RM30-00. (Note if a person outside spends RM30-00 per day, it will cost him about RM900/- per month - and this is absurd as most Malaysians do not even earn that much ). I believe the ACA (Anti-Corruption Agency) must look into this "food matter" and see if there is any corruption. Maybe the auditor general should also look into this matter......

Also interesting to note is that there are 42 foreign prisoners are on death row...

2008/02/09

Free, but they’re still in jail

Immigration director-general Datuk Wahid Mohd Don says the Prisons Department should get online with his department as soon as the foreigners are sent to prison

PUTRAJAYA: An estimated 442 foreigners have done their time at prisons nationwide but are still behind bars because of the alleged ineptitude of the Prisons and Immigration Departments.

This is not only costing them their freedom but is also racking up a RM13,260 food bill per day for the government.

Their “extended” sentences are due to the eleventh-hour preparations by Prisons officials for the deportation of the prisoners and the problems Immigration authorities face when liaising with foreign missions here.

The problem of prisoners who have “overstayed” is not new. There are no fewer than 400 ready-to-be-released prison inmates at any one time.

Sources said the problem starts at the prison where officials invariably delayed informing Immigration officials of the imminent release of prisoners even though the normal procedure is to notify the Immigration Department a fortnight before.

But this is where the rub is as Immigration authorities are usually unable to identify the nationality of some prisoners. In addition, they need certain documents from the relevant foreign missions here.

An Internal Security Ministry source said the Prisons Department did not want to keep prisoners behind bars for even a day beyond their sentence.

“If it is up to the Prisons Department, prisoners will be out the day they are supposed to be released.

“But as procedures would have it, we hand over these ex-prisoners, who are mostly illegal immigrants, to the Immigration Department. The problem is that the Immigration Department is slow.”

He said the Prisons Department could not simply let them out on the streets as they were supposed to be deported. “We also require certain documents from the Immigration Department before prisoners can be handed over to it.”

Immigration director-general Datuk Wahid Mohd Don had his own story of woe to tell, which involved “last-minute notification by the Prisons Department of the impending release of prisoners".

He said in most cases Immigration officials had to identify the nationality of prisoners and obtain other details from the foreign missions concerned.

“The response from the embassies is not always immediate. It would ease the problem if the Prisons Department gets online with us as soon as the foreigners are sent to prison.

“The embassies, too, should take more responsibility in this matter and respond efficiently to us.”

Meanwhile, it is understood that foreign prisoners make up about 33 per cent of the prison population. Most were convicted of murder, armed robbery and rape.

Statistics show that 90 per cent of the 11,900 foreign prisoners in Malaysia are from Indonesia, the Philippines, Thailand, Myanmar, Bangladesh, India, Pakistan, Vietnam, Cambodia and Sri Lanka.

Prison statistics show that 42 foreign prisoners are on death row and 33 are in prison for the term of their natural life. There are also six juveniles at the Henry Gurney school.

DEATH PENALTY: Beijing Sentence Shakes Malaysia's Own Policy

DEATH PENALTY: Beijing Sentence Shakes Malaysia's Own Policy
By Baradan Kuppusamy

KUALA LUMPUR, Jan 23 (IPS) - Malaysia's unshakable stand on the death penalty appears to be wavering as a country unites in sympathy and outrage over the plight of a young Malay woman sentenced to death in China for allegedly acting as a drug courier.

Umi Azlim Mohamad Lazim, 24, a university science graduate from a poor Malay family of rice farmers, admitted to having 2.9 kilograms in her luggage when she was arrested at Shantou airport last January.

She told a court in southeast China during her trial in May 2007, that she was travelling for a highly-paid job she secured over the internet. But she was unaware what was in the bag she was carrying for a Nigerian friend. The judge rejected her explanation and sentenced her to death, the usual sentence for such an offence.

"She thought she was carrying important corporate documents," her mother, Umi Ibrahim, told IPS. "We cry everyday ... what can we do? We want her to live not die."

Most Malaysians appear to share the mother's anguish.

The case is fast-developing into an emotive national issue. Politicians have set aside their differences to halt Lazim's execution. The ruling United Malays National Organisation (UMNO) and its rival the Islamic fundamentalist Pan Malaysian Islamic Party are even vying in their efforts.

Both are collecting money for the family, working to arrange family visits and promising they will save Lazim from execution.

The government is at a distinct disadvantage in the race to save Lazim. Malaysia's punishment for drug-related crimes is as harsh, if not harsher, than most other countries. The government supports the death penalty.

"Malaysia has suddenly woken up to the fact that ordinary Malaysians are now caught in the same death-penalty trap that we put others in," Nagarajan Surendran, a human rights lawyer and executive co-director of Malaysians Against the Death Penalty, a NGO campaigning against capital punishment, told IPS. Trafficking in more than 200 grams of dangerous drugs carries a death sentence.

"Today there are about 300 people on death row here, mostly for drug offences," Surendran said. Many of the 359 people executed from 1980 to 2001 had been sentenced for drug offences.

Much national outrage is today focused on how the Chinese might eventually end Lazim's life, although her sentence has been suspended for two years on humanitarian grounds. "People are shot in their heads with rifles. It is a horrific way for a young girl to die," said Surendran, expressing a widely-expressed view.

The case has also suddenly brought to public attention a number of others. There are some 30 young Malaysian women either sentenced or awaiting trial for drug-related offences in more than a dozen countries besides China, including Japan, Brazil and Peru. Several could be sentenced to death.

Many are university graduates lured by offers of high salaries and opportunities to travel. Behind the tempting offers are shady front companies run by international drug cartels.

"The syndicates are willing to throw money at the unsuspecting girls before they make their moves," federal narcotics department director Bakri Zinin told local newspapers in November.

The problem of young Malaysians caught ferrying drugs is already posing a major problem for the foreign ministry. Diplomats are kept busy finding defence lawyers, monitoring trails and making regular health and welfare checks on the young women.

"Their fate is a major embarrassment to the government," said Ramu Annamalai Kandasamy, a human rights lawyer representing many such clients and death-row inmates, told IPS. "The government has to come up with a firm policy on how to help the victims on death-row in far off countries."

Surendran's proposal is for Malaysia to introduce an immediate moratorium on executions. This would lift the threat of execution of foreigners on Malaysian soil. Other countries would be likely to respond in kind.

"Malaysia would get a more sympathetic hearing if it imposed a moratorium. One good turn deserves another," he argues.

"People would understand," he adds, suggesting that the public would agree that a change in policy over the death penalty was the most diplomatically effective way of saving the lives of condemned Malaysians on foreign death-rows.

A moratorium could also help secure the reduction in other harsh sentences imposed on Malaysians by foreign courts, diplomatic sources say. Peru was ready to reduce sentences of up to 20 years imposed on Malaysians in return for the sparing five of its nationals on death-row in Malaysia, they add.

Many opposition politicians would support a moratorium, or even total abolition, if it could save the lives of Malaysians like Lazim.

"These girls made a mistake in their youth. They deserve to live, not to be killed so cruelly. Imagine the pain their loved ones are going through," said opposition lawmaker Teresa Kok.

"If Malaysia abolishes the death sentence it can stand on a higher moral ground and ask foreign countries to spare the hangman's noose.

"It is time Malaysia complied with international standards," she added, citing the U.N. General Assembly resolution last December calling for a moratorium on executions. The resolution urged all states that still maintain the death penalty "to establish a moratorium on executions with a view to abolishing the death penalty".

(END/2008)

so we look forward to 16th February - and hope there will not be tear gas and water cannons ( seems to be the SOP of Malaysian Police)

In the case of the ISA and other Detention Without Trial Laws - all we can do is continuously put the pressure on the PM and the government to release them that that are detained. We cannot go to court - for the power of Judicial Review by the courts are effectively removed. Now, the only thing we can go to court for is to challenge on technical stuff ---that is all, not the ALLEGED reason for the Minister issuing the Detention Order. It is important to keep the fact that the 5 and others are still being detained in the public eye and consideration. Hence, hunger strikes, candle light vigils, going to SUHAKAM, children and wife with ROSES are all GOOD ---- and all concerned persons must join in the campaign to get those being held without trial FREEDOM.. 'Uncle, follow me' dare for Suhakam chief

Fauwaz Abdul Aziz | Feb 6, 08 4:54pm

"Uncle, I invite you to follow me to Parliament on Feb 16, 2008. If you follow me, the children and I will be safe and the people of Malaysia will understand the meaning of human rights better." With this seemingly innocuous message, five-year-old W Vwaishhnnavi, who was clad in a pink dress, issued a challenge of sorts to Human Rights Commission (Suhakam) chairperson Abu Talib Othman. The daughter of Hindu Rights Action Force (Hindraf) chairperson P Waythamoorthy has placed the top man in the country’s official human rights watchdog in a wee bit of a spot. While Suhakam has consistently called on the authorities to recognise the people’s right to expression and peaceful assemblies, never had its commissioners - or their chairperson - been asked to assert that stand by exercising such rights themselves by taking to the streets. This was exactly what Vwaishhnnavi was asking Abu Talib to do on Feb 16 when she and about 200 flower-bearing children and their parents gather at Parliament House. They seek to petition Prime Minister Abdullah Ahmad Badawi to release the five Hindraf leaders who have been detained under the Internal Security Act (ISA). Apart from citing the Human Rights Commission of Malaysia Act 1999, Vwaishhnnavi, in her letter (see below) to Abu Talib today, also quoted her father, a lawyer who is currently in self-imposed exile in London. "My father said under (Section) 4(1), Uncle, you have (the) power to promote awareness and educate on human rights. "Uncle, my father also said that under Section 4(2)(f) (of the Act) you have the power to follow me. So, please, uncle, come with me," she wrote. Play a more active role Among those who spoke on Vwaishhnnavi’s behalf in a meeting this morning to submit her letter to Abu Talib were Hindraf national coordinator RS Thanendran and Hindraf legal advisor N Surendran On hand to receive the letter was Suhakam commissioner Dr Denison Jayasooria. About 30 other members and supporters of Hindraf were also on hand during the hour-long meeting at Suhakam headquarters in Kuala Lumpur. Surendran called on Suhakam to take a more ‘active’ role in pursuing the cause of and protecting the human rights of Malaysians. "We are asking that Suhakam play a more prominent role in protecting Malaysians from intimidation and oppression from the state," he said in reference to the police crackdown on a previous Hindraf gathering. "We hope Suhakam will go beyond just sending letters and holding inquiries and issuing statements (and) show that Suhakam is at the forefront of the protection of human rights. We hope Suhakam will be there (on Feb 16) to assert the right to peacefully assemble," he added. Putting the same point across, Thanendran also said among the objectives of the gathering at Parliament next month is to call for the release of the ‘Hindraf 5'. He also reminded Denison that Suhakam itself had spoken against the ISA, which provides for detention without trial. "We believe Suhakam will be just. We believe we will get justice in Suhakam," said Thanendran. He also said despite the apparent 'concessions' the government has indirectly accorded to Hindraf’s demands for greater social and economic justice for the Indian community, Hindraf has itself been ignored as if it does not exist. This includes the plea for Prime Minister Abdullah Ahmad Badawi to be on hand to receive the roses on Feb 16, said Thanendran. Suhakam will deliberate In response to the points raised, Denison said Suhakam has been consistent in its position that peaceful demonstrations and expressions are fundamental human rights that should be safeguarded. He also said Suhakam maintained its stand that "ISA detentions and any forms of detention without trial" are violations of human rights. The possibility of Suhakam actually participating in a gathering, however, was something that would have to be deliberated on by the commission as a whole. Nevertheless, Denison said he would convey the invitation to Abu Talib. He also vowed to raise with the commissioners in their next meeting a complaint by Surendran regarding police ‘harassment’ of Hindraf followers earlier this morning. Surendran told Denison that police officers had, before the meeting, asked for the names and particulars of those at Suhakam. Click here to watch a two-minute video clip.

Very UN-Malaysian behaviour by government departments

What is happening to Malaysia - and who is to be blamed for all this ---- I must say that the BLAME lies on the Barisan Nasional government ....that's it... First there was these large number of Hindu temples being demolished.... (of course there were also other temples, chapels, suraus, etc -- Then the issue of "ALLAH" - and who has the right to use that word and who cannot use that word... Then there was the seizure of Christian books because it contained caricatures of the prophet (and this is not prophet Muhammad) ....well, for the Muslims, Jesus is also a prophet and Catholics especially have a lot of images of Jesus all around - will that be banned as well.... The present PM and the BN Government (made up of not just Muslims but also people of other faiths.....) has just gone overboard - and these actions will also lead to DIVISIONS and things we do not want for Malaysia... Bibles confiscated by Customs Dept

Fauwaz Abdul Aziz | Feb 4, 08 7:19pm

A seizure of English bibles by Customs Department officials has left a bitter taste in the mouth of a Malaysian Christian and led the Council of Churches Malaysia to decry the increasing incidence of such acts by the authorities. It comes on the heels of a spate of legal suits following similar seizures of Christian materials by the authorities earlier this year and late last year. On Jan 28, missionary Juliana Nicholas returned from a trip to the Philippines carrying with her two boxes containing 32 bibles meant for her church group. Upon arrival at the Low-Cost Carrier Terminal (LCCT) in Kuala Lumpur, she was told to declare and open the contents of the boxes. Having done so - and despite showing them a letter from her parish priest stating the texts were for use by the church - Nicholas was shocked to be hear subsequently that the bibles would be “referred" to the Internal Security Ministry’s Publications and Al-Quran Texts Control Division. Protestations that they could check the bibles there and then without the inconvenience of referring them to the ministry fell on deaf ears, said Nicholas. “When I objected as these were English bibles, the ministry official I spoke to said, ‘Oh, we do this even with the Qurans that come through this way’. But these are not Qurans, these are English bibles!” Nicolas said when contacted. As to when the bibles can be returned to her “would depend on those people at the division”, Nicholas said she was told further. After a follow-up call today to the ministry, Nicholas said she was informed she could now pick up the bibles from the division office located near the airport. Official apology needed She insisted, however, that the ministry issue to her an official apology for the inconvenience caused and a letter of assurance that the incidence would not recur. “They cannot allow such things to happen again. How can they do this to you?” asked an indignant Nicholas. Echoing her demand today, Council of Churches Malaysia general secretary Dr Hermen Shastri said it should be known categorically that “the bible is Holy Scripture for Christians.” “No authority on earth should deny Christians the right to possess, read and travel with their bibles,” he said in a statement. “We call upon the prime minister, who is also the internal security minister, to make a clear and unequivocal statement to assure Christians in the country that they will not be subject to such harassment and that their holy books will not be subject to the scrutiny of the Control Division of Publications and Al-Quran Texts of the Internal Security Ministry. “For a country that has celebrated, cultivated and sustained 50 years of religious freedom and harmonious living between all faith communities, this latest episode is another example of how the unilateral actions of certain government agencies are undermining the government’s stated claims of protecting religious freedom in the country,” said Shastri. Legal suit Earlier this year, the Internal Security Ministry confiscated English language Christian children’s books said to contain offensive caricatures of prophets from several bookshops in three states. Last year, a Sabah church filed a suit against the government and Prime Minister Abdullah Ahmad Badawi in his capacity as internal security minister for not allowing the import of Christian literature from Indonesia containing the word ‘Allah’. Sabah Sidang Injil Borneo (SIB) Church president Pastor Jerry Dusing filed the suit on behalf of the church at the Kuala Lumpur High Court on Dec 10 after six titles for their Sunday school education for children were banned from being imported. In 2006, about 1,000 copies of bibles in Bahasa Indonesia were seized in Port Klang and had remained in Customs’ possession. Minister in the Prime Minister's Department Nazri Aziz had earlier told Parliament that the government prohibited the distribution of bibles in Bahasa Malaysia. The prime minister however stated that Bahasa Malaysia bibles are not banned but must be labeled with the words 'Not for Muslims’.

Get Out! Malaysia Tells Migrants. Again.

Get Out! Malaysia Tells Migrants. Again.

Imran Imtiaz Shah Yacob

31 January 2008

The cycle of blaming foreign workers for its woes has begun in Malaysia The Malaysian government’s recent decision to send home at least 200,000 foreign workers by 2009 and to push more out of the country by 2015 hints at the deep divisions that the migrants, legal and illegal alike, have stirred in their host country. As with most countries, when hard times start to appear – and Malaysia’s economy is starting to turn down – migrants get the blame for rising crime, stealing jobs from the locals, cultural pollution, overloading school systems, not carrying their share of the tax burden and even spreading HIV, almost none of which is true. Nonetheless, the government of Prime Minister Abdullah Ahmad Badawi feels it has no choice but to put a stop to the influx in an effort to solve many of the country’s problems, which analysts say isn’t going to do much good, and in fact could do considerable harm. “The immediate effect (of the expulsions) is that the labor supply will be significantly depleted, upsetting local as well as multinational employers relying on migrant workers,” says Tricia Yeoh, Senior Research Analyst at the Centre for Public Policy Studies. “There will be a time-lag while waiting for local Malaysians to fill in the menial labor gaps.” The question is whether Malaysia will ultimately back away from the plan. The government periodically decides to expel overseas workers, as it did in 1994, when it forced about 380,000 out of the country with threats of imprisonment and caning, only to beg them to come back later to fill jobs Malaysians wouldn’t take. Some analysts believe the government is raising the subject for political advantage in advance of a possible election and that it will die off when the election is over. Nonetheless, government officials say a whopping 2.3 million registered foreign workers are trying to make a living in this thriving Southeast Asian nation of 26 million people, although most observers believe the total, including illegal migrant workers, is much higher. Much like in the rest of the world where development depends on inexpensive labor, Malaysia, richer than most of its neighbors, has become irresistible for poor workers from the wider region. They hail from across Asia – Indonesia, the Philippines, India, Pakistan, Burma, Nepal and Bangladesh. Most are unskilled and indentured to the recruitment agencies responsible for importing them, taking jobs as everything from waiters and janitors to hotel clerks and security guards. Even the personnel at the Kuala Lumpur International Airport are imported, much to the irritation of the government, which says it would like tourists to see a “Malaysian” face when they arrive in the country. Some are also prostitutes. Earlier this week, 34 women were picked up from a Kuala Lumpur budget hotel after being found in a secret compartment. Prostitutes or not, migrants face widespread abuse from the Royal Malaysian Police, immigration officials and volunteer quasi-vigilante groups known by he acronym RELA, which translates to “people’s voluntary corps.” In 2006, RELA forces set upon 60 Indian nationals protesting the fact that their employers hadn’t paid them for two months in front of the Indian High Commission in Kuala Lumpur, kicking and beating them, some so badly that bones were broken. More than 1,000 migrants arrive daily at the international airport in and many are forced to sleep in a car park, sometimes for days, while they await processing by their new employers. Tens of thousands more arrive annually by boat, illegally across the Strait of Malacca or from Kalimantan into Sabah and Sarawak, large numbers of them working the country’s rubber and oil palm plantations. The plight of the workers is the rarely-seen underbelly of Malaysia's economic success. Immigrant labor by and large built the skyscrapers that clutter the Kuala Lumpur skyline, as Malaysians have begun to shun hard labor, preferring instead to work in modern office surroundings with better pay. Recent events are straining the economy and that limit the use of migrant labor. With the slowing of the US economy, the Malaysian Institute of Economic Research has revised Malaysia’s economic growth down to 5.1 percent in 2008 from 6.1 percent in 2007. The institute’s director, Mohammad Arif, says growth could fall to as low as 4 percent if the U.S. falls into a full-blown recession. "Our economy in 2008 may not be performing as well as it did in 2007, although authorities are putting on a brave face, but we think we should brace ourselves for a slowdown," he says. The institute also put the rate of inflation at 3.2 percent in 2008 due to an anticipated oil price hike if heavy oil and gas subsidies that cost the Malaysian government approximately US$10 billion (35 billion ringgit) annually are eased. The government had earlier promised no further price hikes for oil and gas. The lackluster economic indicators have put the ruling Barisan Nasional on alert for voter fallout ahead of national elections that may be held as early as March to head off any backlash from discontent over the cost of living and inflation. An independent local non-governmental organization, the Merdeka Centre for Opinion Research, recently published a poll showing Abdullah Badawi’s popularity at an all-time low of 61 percent. Thus, the government is bracing for harder times and not taking any chances. Jobs that were once considered unworthy of Malaysians may now be attractive again – or maybe not. In western countries, recent experience is that menial jobs go begging even while people look for work. In the service sector the government is seeking to implement measures to compel employers to hire Malaysians. In another move, a ban is to be imposed on hiring foreign workers for front-line positions at hotels and the airport. That measure may not go down well. One business owner told Asia Sentinel that “I would rather hire foreign workers, as they are more committed and hardworking. The locals will just up and leave when they have better offers. I have to deal with a lot of attitude at work with Malaysians.” The issue of migrant workers has also soured relations between Indonesia and Malaysia. Some 60 percent of migrant workers are from Indonesia but the alleged mistreatment of Indonesia’s Pahlawan De Visa, or foreign exchange heroes, who remit some 4.85 billion ringgit (US$1.5 billion) every year to Indonesia, is a sore point in Jakarta. Relations with India have also turned sour, culminating in a squabble resulting in a reduction of the number of Indian workers sent to Malaysia after the Indian government raised issues behind closed doors about the treatment of Malaysia’s ethnic Indians, who make up about 7 percent of the population. Recently the Hindu Rights Action Force, which claims to represent economically disadvantaged ethnic Indians, led street protests following which some of the organization’s leaders were detained without trial under the Internal Security Act. The rise of violent crime is another factor that dogs the migrant issue. Abdullah Badawi himself was stunned by a 45 percent rise in the National Crime Index since the time he took office. The Chinese community, which regards itself as the biggest victim because of its relative wealth, is most vocal. Immigrant workers, particularly Indonesian construction workers, have been blamed, contrary to a Parliamentary Select Committee on Integrity hearing which concluded that 80 percent of crimes in the country are committed “by our own people.” Frustrated by the decline in public safety, fingers are pointed at the migrant workers, so whether they deserve it or not, they take the brunt of the disapproval. Com

HRW World Report 2008 :- MALAYSIA

Malaysia

Events of 2007

Malaysia continues to confound hopes that human rights progress will parallel the country’s strong economic growth. Basic rights such as freedom of expression, assembly, and association are subject to burdensome and unjustified restrictions. A series of stringent and outdated laws and regulations, such as the Internal Security Act (ISA) and Emergency Ordinance (EO), continue to undermine basic due process rights. Routine censorship threats target bloggers; new rules impede workers’ right to organize; and indigenous communities face loss of communal land. The government has resisted widespread calls to establish an Independent Police Complaints and Misconduct Commission, as recommended in May 2005 by a Royal Commission.

Detention without Charge or Trial
Malaysian officials use the ISA and EO to indefinitely detain, without charge or trial, alleged terrorists and those suspected of organized criminal activities. Authorities have used the law against members of several Islamic groups, including the Jemaah Islamiah (JI), Kampulan Militan/Mujaahiddim Malaysia, and Darul Islam, as well as criminals engaging in human smuggling and passport and ID forgery. The inspector general of police stated in June 2007 that “there is no JI movement here in Malaysia.”

According to Suaram, a respected Malaysian nongovernmental organization (NGO), as of September 2007, 87 suspects remained in ISA detention. In June 2007, four alleged JI members held for more than four years were released but sent, under the 1933 Restricted Residence Act, to remote districts where they are required to report regularly to local police.

The Malaysian government has not responded to a request for a visit by the UN Special Rapporteur on the promotion and protection of human rights while countering terrorism, nor has it responded to his request for information related to ISA detention.

The government has insisted on retaining the EO, saying it needs the law to impede the activities of criminal gangs, despite the fact that it violates constitutional due process requirements. In October 2006, in a blow to the rights of suspects, a federal court ordered that once the internal security minister signs a detention order, any prior police abuse or other misconduct may no longer be challenged in court. The court reasoned that when court-ordered release of a suspect is followed by a new detention order, a not uncommon occurrence in Malaysia, appeal of the original order is “rendered academic.”

Migrant Workers, Refugees, and Asylum Seekers
Malaysian officials reported in 2007 that there were nearly 1.9 million documented migrants in the country. Although there is no official count of undocumented migrants, estimates suggest the total is 700,000 or more. Some 150,000 people are believed to be either refugees or asylum seekers, only a third of whom have been registered by UNHCR.

In July 2007, the government began one of its periodic roundups, seeking to deport those who had entered Malaysia illegally. Some 10,000 were apprehended during the first month of operation. In addition to deportation, those in violation of the law face up to five years’ imprisonment and six strokes of the cane, as provided for by the Immigration Act 1959/63. Such round-ups, which fail to differentiate between people in need of international protection and other migrants, frequently involve violence by the authorities or their agents.

The almost half million strong Peoples Volunteer Force (RELA) is empowered by the Emergency (Essential Powers) Act 1979, as amended, to arrest and detain “undesirable persons” and suspected illegal migrants. Force members, authorized to enter and search any public or private premise without a warrant, have raided migrant housing in the middle of the night, beating up residents, confiscating valuables, and, at times, destroying the ID cards of legal migrants to justify the raids.

For example, on April 5, 2007, RELA volunteers arrested some 20 Burmese refugees and asylum seekers in downtown Kuala Lumpur. At least five had been recognized as refugees by the office of the UN High Commissioner for Refugees (UNHCR). On June 25, 2007, at 2:00 a.m., Malaysian Immigration officials and RELA volunteers raided the Chin Refugee Centre and Chin communities at Jalan Imbi and Jalan San Peng, Kuala Lumpur, arresting 228 asylum seekers and refugees from Burma, most of whom UNHCR had recognized as refugees.

The migrant work force includes some 300,000 domestic workers, primarily Indonesian. They confront a wide range of abuses, including forced confinement in the workplace, excessively long work hours, lack of rest days, withheld wages, and physical and sexual abuse. Domestic workers not only are excluded from key provisions of Malaysia’s Employment Act of 1955, but their work permits tie them to a particular employer, making it difficult to report abuse for fear of deportation. While Malaysia has imposed some penalties on agencies and employers following a 2006 agreement with Indonesia, the agreement does not extend many basic labor law protections to domestic workers. Criminal prosecutions of abusive employers are rare. Nirmala Bonat, whose employer burned and brutally beat her, has remained in the Indonesian embassy since 2004 while the trial of her employer continues.

In violation of the Convention on the Rights of the Child, which Malaysia has ratified, children of migrants with temporary residence are not entitled to free public education.

Police Abuse
Complaints directed against Malaysia’s police force include allegations of routine physical abuse of detainees. In June 2007, Suhakam, the official Human Rights Commission of Malaysia, said police responded to only 16 of the 34 cases of police brutality brought to their attention over a one-and-a-half-year period. Prison abuse at times includes beatings so severe that hospitalization is required. The police also often rely on a policy of “remand first, investigate later.” As a result, suspects spend days in detention, often without access to family members or a lawyer, greatly increasing the risk of mistreatment.

Freedom of Expression
In 2007 Malaysian officials cautioned private media outlets against abusing their privileges, advised newspapers to be wary of repeating blog criticisms of the government, and warned webmasters and bloggers to use their power cautiously. Critical bloggers have been sued for defamation, a powerful tool long used in Malaysia by the government to stifle dissent.

The Internal Security Ministry sent warnings in March and July 2007 to newspapers not to publish cyber-induced speculation on “sensitive” issues. The circular reminded journalists that publishers are required to “always comply with directives issued by the ministry.” The 1984 Printing Presses and Publications Act (PPPA) requires that newspapers renew their licenses every year.

On July 13, the police used section 8 of the Official Secrets Act (OSA) to arrest Nathaniel Tan, a staffer at the opposition People’s Justice Party, on suspicion of possessing documents related to government corruption. Tan was held on remand for four days before being released on bail. The OSA is a broadly-worded law according to which any public officer can declare any material an official secret, a certification which cannot be questioned in court. The act allows for arrest and detention without a warrant, and substantially reverses the burden of proof.

Freedom of Religion
Islam is the official state religion, but the constitution protects freedom of religion for non-Muslims. Discussions in July 2007 as to whether Malaysia was an Islamic or a secular state grew contentious after Deputy Prime Minister Najib Abdul Razak declared it an Islamic state. The internal security minister then banned further media discussion, but ruled that statements by Prime Minister Badawi and Deputy PM Razak could be aired.

In a landmark ruling, Lima Joy, a Muslim covert to Christianity, lost her six-year battle to have the word “Muslim” removed from her identity card. She had argued she was entitled to freedom of religion under article 11 of the constitution. The top secular court ruled that only the Sharia court had jurisdiction.

Human Rights Defenders
The NGO community, the Malaysian bar, lawyers, and some opposition politicians are active in defense of human rights despite the serious personal and professional risks entailed.

In June 2007, during a rally in Johor Bahru organized to protest rising crime rates, police arrested two activists from the NGO Suaram for attempting to distribute leaflets supporting the proposed Independent Police Complaints and Misconduct Commission. The Johor Bahru Magistrate Court remanded the two for 24 hours.

In October, the Putrajaya district police requested the Malaysian Bar Association president, vice-president, and secretary to appear to discuss the September 26, 2006 “Walk for Justice.” The 2,000 strong march to the prime minister’s office delivered a memorandum urging the government to set up a Royal Commission of Inquiry to investigate apparent corruption in the appointment of justices. In November, police refused to issue a permit for a rally and march by the Coalition for Clean and Fair Elections (Bersih). When some 40,000 Malaysians defied the ban, police used chemical-laced water and tear gas to disperse peaceful participants. Tear gas and water cannons were also used against participants in a Hindu Rights Action Force November 25 rally. A total of 99 organizers and marchers were charged in the aftermath. Prime Minister Badawi threatened to use the Internal Security Act to prevent further unauthorized street demonstrations.

Key International Actors
As a key ASEAN member, Malaysian officials initially urged Burma to agree to talk with opposition leader Aung San Suu Kyi without preconditions and even suggested that Burma could be expelled from ASEAN following its violent crackdown on monks, students, and other protesters in September 2007. However, by November 19, 2007, Malaysian Foreign Minister Syed Hamid Albar had backed away from public denunciation of Burma’s human rights record and was defending ASEAN’s failure to take any steps to censure Burma.

Despite its own lack of enthusiasm and concern over protracted negotiations, Malaysia has pressed reluctant ASEAN members to support a regional human rights body.

Malaysia has not ratified any key UN conventions other than the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women.

New US ambassador to Malaysia James Keith noted a “greater congruence between the interests of America and Malaysia,” especially related to counterterrorism, during his May confirmation hearing before the US Senate. US-Malaysia negotiations on a free trade agreement, however, appeared stalled at this writing, in part because of a new Malaysian labor law rescinding key worker rights.

ACA's new role - screen BN election candidates...

Using the ACA for your own purpose - your own political party purpose - your own political party coalition (the Barisan Nasional)'s purpose. Is Najib guilty of mis-using his powers as Deputy Prime Minister here? He must learn to differentiate government and/or executive power and functions from his own personal or political party or BN power and functions.

Can DAP ask the ACA to screen their election candidates? Can PRM or PKR or PAS or any other opposition political party ask the ACA to screen their election candidates?

SCREEN and then do what - tell me if they are guilty of corruption and they will not be made election candidates -is that it? If they are guilty of an offence, should not the ACA just prosecute....... for so long as MP Jasin is not charged for his literally "self-confessed" acts of crime, Najib and the PM can just stop trying to believe that they are "ANTI-RASUAH".

For so long as those found guilty of money politics in UMNO are not prosecuted, Najib and the PM can just stop trying to believe that they are "ANTI-RASUAH".

But then the PM, DPM and the BN (and its parties) have had no qualms about using the government for their own political party purposes. Now - close to the next elections, it becomes so obvious to any person reading the Malaysian newspapers and watching Television.

ACA has got their role and functions defined, and no one - not even the PM and/or the DPM should direct the ACA to do this or NOT DO this.... Let the ACA do its job and maybe war against corruption will get somewhere...

2008/02/03

Najib: ACA to screen BN election candidates

By : M. Hamzah Jamaludin

PEKAN: Barisan Nasional (BN) candidates picked to contest in the general election will be screened by the Anti-Corruption Agency (ACA).

Deputy Prime Minister and BN deputy chairman Datuk Seri Najib Razak said this would, however, depend on the situation and time factor.

"We refer (to the ACA) but sometimes the candidates are decided at the last minute. So, for those who can be referred, we refer. Normally, we'll also ask the candidates whether they have any ACA investigation record.

"It's not compulsory, but as a matter of party procedure, we refer candidates whom we feel we have the time to do so," he said after handing aid to fire victims at Felda Cini 3 here.

The 16 fire victims received RM3,000 each from Felda and Yayasan Rahah. They are also eligible for loans amounting to RM100,000 to re-start their businesses.
On present representatives, Najib said the party leadership had information on them.

He added it was a common practice for BN to check with the ACA whether its candidates had a record or were being investigated by the agency.

The party leadership would also check with state liaison committees on the matter.

On bickering among Perlis Umno leaders, he said party members should concentrate on their jobs and leave it to the leadership to choose candidates. "They should know that the final decision in selecting candidates will be made by the top leadership."

He, however, said he was not only giving the advice to Perlis Umno but to all party members.

PRISONER EXCHANGE - unjust, discriminatory, dangerous for "REFUGEES", etc

A stupid and very unjust proposal ----- Our Federal Constitution guarantees equality before the law and equal protection of the law to all PERSONS. That means that A, a Malaysian, and B, a foreigner, if convicted of the same offence and sentenced must also be treated "equally". That means that if they are to serve out a prison term - it must of course be in a prison in Malaysia. Many persons convicted do appeal to Higher Courts --- and, again of course being in Malaysia makes it easier and practical. Prisoners, after serving some time in prison get to come out if they have been of good behaviour, etc --- and this decision is made by a body of persons here. Therefore, not only is it impractical BUT is also unjust, and potentially discriminatory, to have this "prisoner exchange".... What about refugees from Burma, Aceh, other parts of Indonesia, Thailand, Philippines, Iraq, Afghanistan, etc.... many of them get arrested for offences like "over-staying", not having proper documentation- pasport, etc or maybe even for the commissioning of some crime - will they be deported back to their own country. Malaysia may not recognize "refugees" BUT at the same time Malaysia should not be throwing persons from the frying pan into the fire..... 32 per cent or 11,868 convicts in this country are foreigners -- I believe most of these persons are convicted for not for the usual crimes - but for things like not having proper documentation, not having their pasports (as employers/agents hold them in many cases), over-staying, etc... LET US HAVE THE BREAKDOWN OF THE KIND OF CRIMES THAT PEOPLE ARE BEING CONVICTED FOR. And by the way, are we talking about persons convicted and serving sentences - or are we talking about remand-prisoners, being persons who have no capacity to raise bail or persons where the court is not allowing bail, -- well these persons are languishing there because of the flaws in the criminal justice system we have now. (After all about 30 persons were charged with attempted murder and denied bail --- and after that that absurd unreasonable charge was withdrawn because, amongst others, difficult to say who throw the stone that injured a policeman....should not have investigations been completed and evidence accessed before a person is charged of any offence...) So, is it 32 per cent or 11,868 convicts OR 32 per cent or 11,868 persons who are languishing in Malaysian prisons? This is NOT WAR - where there is prisoner exchange.... DROP THIS IDEA NOW ....... Association to push for prisoner exchange

Saturday, 02 February 2008 08:31am

©New Straits Times by Farrah Naz Karim PUTRAJAYA: Malaysians languishing in prisons abroad may be brought home to serve their remaining sentence here under a radical "prisoner exchange" programme. The programme involves 25 countries in the Asia-Pacific region. For Malaysia, the move will overcome the problem of overcrowding in prisons. Under the programme, prisoners who had served a certain amount of time in the countries they were convicted would be transferred home to complete their sentences there. However, convicts on death row, those serving life imprisonment or those convicted of sexual crimes are excluded. Deputy Internal Security Minister Datuk Fu Ah Kiow said the proposal was being "looked into". The New Straits Times, however, learnt that the Asia Pacific Correctional Association, of which the Malaysian Prisons Department is a member, had been toying with the idea for some time now and would likely push the programme at the association's next meeting in Langkawi later this year. Countries such as Japan, China, Hong Kong, New Zealand, Singapore, Australia, Indonesia, Tonga, North and South Korea and Malaysia are likely participants of the programme. "This is not a barter trade," a source said. Once the agreement had been sealed with another country, the exchange programme can commence. "The countries must agree not to intervene in the conviction meted out by foreign courts." Statistics show that 32 per cent or 11,868 convicts in this country are foreigners. Sending the prisoners back to their countries would reduce the population in prisons besides the cost of housing them. The source said that unlike an extradition treaty , the programme would help the rehabilitation of prisoners. Citing the example of a Malaysian being held in China, the source said it would be difficult for the inmate to undergo rehabilitation when he had problems communicating. Final details of the programme would be drawn up after the meeting in Langkawi before being forwarded to the Attorney-General's Chambers.

Malaysia: Court hears challenge to the arbitrary detention of five campaigners in favour of the rights of the Indian minority

Press Release

31 January 2008

Malaysia: Court hears challenge to the arbitrary detention of five campaigners in favour of the rights of the Indian minority

International mission of judicial observation

Geneva-Kuala Lumpur-Paris, January 31, 2008. This week, the High Court of Kuala Lumpur heard a legal challenge to the continued detention of five human rights defenders and leaders of the Hindu Rights Action Force (HINDRAF), an NGO defending the rights of the Indian minority in Malaysia[1].

The five men, Messrs. P. Uthayakumar, M. Manoharan, R. Kenghadharan, V. Ganabati Rao and T. Vasanthakumar, were arrested on December 13, 2007 under Malaysia’s notorious Internal Security Act (ISA), which grants the Minister of Internal Security, who is also the Prime Minister Abdullah Ahmad Badawi, the unfettered discretion to detain any person to prevent him from acting in any manner prejudicial to the security of Malaysia. The detentions followed peaceful rallies organised by HINDRAF and another coalition of civil society groups which were violently repressed.

The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), decries the ISA as contrary to fundamental rights such as the right to a fair trial and the right to be presumed innocent until proven guilty.

“The ISA is the epitome of a law that sanctions arbitrary detention”, said Ms. Laurie Berg, an Australian lawyer who observed this week’s hearings on the Observatory’s behalf. “These men have faced no charge, have been convicted of nothing. They are detained at the government’s pleasure and have the sole ‘mercy’ of challenging their detention on narrow technical grounds”. The use of the ISA in this case is all the more worrying since it has become a tool to silence peaceful human rights defenders on spurious security acts.

Furthermore, the Observatory and Suara Rakyat Malaysia (SUARAM) consider the detention of these five HINDRAF leaders as arbitrary insofar as several fundamental rights contained in the UN Universal Declaration of Human Rights such as the right to a fair trial, the right to legal counsel, the right to defend oneself in open court and the right to be presumed innocent until proven guilty have not been observed.

At the end of this week’s hearing, the court said it would give its judgment on February 26, 2008. If the court dismisses the appeal, the HINDRAF advocates will join up to 70 others who are held in indefinite detention, on suspicion of terrorist offences. Several are facing their sixth year in prison under this law.

The Observatory and Suaram call on the Malaysian government to immediately release Messrs. P. Uthayakumar, M. Manoharan, R. Kenghadharan, V. Ganabati Rao and T. Vasanthakumar in the absence of valid legal charges against them or, if such charges exist, to bring them before an independent and impartial tribunal, with due respect of the procedural guarantees prescribed by international human rights law. The Observatory and Suaram hope that the fundamental principles from international law will be taken into account by the Kuala Lumpur Court and demands, in consequence, the acquittal and subsequent release of the five HINDRAF leaders.

For further information, please contact:

- SURAM: Yap Swee Seng : +6 03 7784 3525

- OMCT: Delphine Reculeau: +41 22 809 49 39

- FIDH : Gaël Grilhot : + 33 1 43 55 25 18

---

[1] Hearings were held on January 24, 25 and 28, 2008.