Lenggeng detainees in a state of tension

Lenggeng detainees in a state of tension

Fauwaz Abdul Aziz | Apr 24, 08 2:15pm

Overcrowding in the Lenggeng immigration depot - scene of a riot last weekend - is causing the foreign detainees held there to be in a 'state of tension', said Suhakam commissioner N Sivasubramaniam today. At the time of the riot, the facility was bursting at its seams with 1,090 detainees from 14 countries and suffered from chronic disruptions of water supply - two to three times a month - each disruption lasting for up to three days. The human rights commissioner came to these preliminary findings following a visit to the detention centre this morning. The riot occurred last Sunday in which about 60 detainees reportedly tried to pull down the perimeter fence and afterwards torched an administration building. “Too many detainees, their accommodation, their food, management of these detainees, water supply. These are the root issues,” Siva told a press conference at the depot after the visit. Inexperienced personnel Citing newspaper reports, Siva conceded that a number of the 17 depots, including Lenggeng, were veritable 'time bombs'. On the dire lack of personnel to manage and guard the facility, Siva said out of a total of 208 positions that are supposed to be filled by Immigration Department personnel, only 40 posts have been taken. Of these, many of them were fresh from their recruitment interviews, he said. “They recently came from their (respective) villages or city homes and posted here, without enough training to manage certain situations (when they arise),” said Siva. While the detainees did indeed hold a hunger strike on April 3, Siva said Suhakam has yet to be presented with evidence of any physical abuse of the detainees by voluntary law enforcement corps Rela personnel who are guarding the depot. “There was a hunger strike, (but it was) generally because of their living conditions,” he said. “At this time, there is no evidence (of beatings). But if we can be given evidence, we will investigate,” he said. He also said there was no evidence to suggest any such beatings led to Sunday’s riot. “We don’t want to make assumptions about this case because it is currently being investigated by the police,” he added. (Siva later told Malaysiakini that Suhakam was “taking the claim (of assaults) seriously” and called for any parties with information on the matter to come forward.) He noted, however, that there was a lot of “suspicions” on the part of the detainees towards Rela personnel guarding the depot because the former felt the Rela guards were “the same people who caught them in the first place”. “Rela personnel are good intentioned when carrying out their tasks. It is the perception towards them (that needs to be redressed),” he said. Make drastic changes Since the riot, said Siva, the authorities have moved the male detainees to several other depots and this has alleviated the immediate stresses on the facility. The incident, nevertheless, accords the opportunity for all quarters responsible to come together to address the overall issues and problems that have plagued immigration depots, he said. “We can only overcome this situation by getting assistance and support from all parties involved. This is incident opportunity to make drastic changes,” said Siva. For this purpose, Suhakam hopes to have a roundtable discussion with representatives from the Home Ministry, Rela, Immigration Department as well as the United Nations High Commissioner for Refugees. Negeri Sembilan police had earlier suggested that among the reasons for Monday’s riot was that the detainees were angry at the authorities after their application for resettlement to a third country had been denied. Met after the press conference, depot commandant Abdul Aziz Mansur denied the detainees are violently treated by either Rela personnel or immigration officers.

Warrior mosquito plan under fire

Everyone knows the danger of releasing genetically modified beings into our environment - how could our government even come up with such an idea. Mother nature and our eco-system are very delicate... Warrior mosquito plan under fire

Apr 27, 08 5:40pm

Environmentalists have condemned a trial plan to deploy millions of genetically modified mosquitoes in Malaysia to fight dengue fever, a report said today. Malaysia has expressed concern about the insect-borne scourge after 25 people were killed in the first three months of the year. The New Sunday Times newspaper said the genetically modified (GM) male mosquitoes will be first freed in Pulau Ketam, a fishing village south of Kuala Lumpur, in an attempt to kill Aedes mosquitoes which spread dengue fever. Environmental groups, however, oppose the plan. "Like all GM organisations, once they have been released in the wild, how do you prevent them from interacting with other insects and produce mutants which may be worse than the Aedes mosquito," said Gurmit Singh, chairperson of the Center for Environment Technology and Development. Dengue is endemic to Malaysia, which has seen a rise of 16 percent in cases every year since 2003, according to the government. Fatalities from dengue in Malaysia reached record levels in 2004, when 102 people died. Lethal genes Health Minister Liow Tiong Lai said in the first three months of 2008, more than 9,800 cases of the mosquito-borne disease were reported, with 25 people killed. The field trials for the GM mosquitoes will be undertaken by the Malaysian health ministry and British-based Oxiter Ltd, an insect bio-tech company. The newspaper said lab trials conducted for the first time in the world during the past one year had produced success, and that field testing would begin by early next year. The technique involves releasing GM-made Aedes mosquitoes to mate with the female mosquitoes of the same type, it said. The lethal genes from the warrior mosquitoes cause the larvae to die. Only a female mosquito can transmit dengue fever because it has a proboscis that can pierce the skin. -AFP

Plight of the ‘modern slaves’

Plight of the ‘modern slaves’

Sunday, 27 April 2008 09:47am

Renuka T. Balasubramaniam ©New Sunday Times by R.S. Kamini • Foreign workers trapped in a 'no-win' situation • Harun - from legal to illegal overnight KUALA LUMPUR:Foreign national Deluar Hossain loves Malaysia but he has bitter memories of the country that will haunt him for a long time. The Bangladeshi worker, who is in his late 30s, came to Malaysia with the hope of helping his debt-stricken family back home but ended up with nothing to show for it. Deluar came here in May last year, after having paid close to RM12,000 to an agency that promised him a well-paid job at a construction company in Rawang. When he arrived in Rawang, he found that he had to share a house with 28 other workers. His first month’s pay was also withheld from him. Then, he was moved to Johor where he worked for three months without salar y, though he was given RM200 every month that was used mostly to buy food. Deluar said he had called his family back home to see how they were and became depressed when they asked him about his salary. He approached his employer and asked for RM750 of his salary to be sent to his family in Bangladesh. But neither his employer nor the local employment agent paid Deluar any heed. Frustrated, Deluar sought legal help from Tenaganita but ended up with injuries on his face after some men beat him up for seeing a lawyer. Deluar’s agent also warned him against going to the authorities and told him that he would not be receiving any pay since he had tried to “act smar t”. With his visa expiring in two months’ time, Deluar is bent on getting some justice and compensation for all his work and pain. Deluar is just one of the many foreign workers being victimised by ruthless foreign and local agents that the Migration Working Group (MWG) is trying to help. MWG, in a forumheld at the Kuala Lumpur Chinese Assembly Hall yesterday, said every migrant worker, asylum seeker and refugee had the right to redress. Through the forum entitled “The Right to Redress for Migrant Workers and Refugees” the group’s co-ordinator, Alice Nah, said the right to redress for non-citizens was only possible when three rights were recognised, namely the right to be heard, the right to stay and the right to work. Nah said Malaysia is estimated to have one to two million non-documented workers, in addition to the 2.2 million documented foreign worker s. “There are also an estimated 100,000 asylum seekers and stateless persons seeking protection but since Malaysia has no legislation on asylum and statelessness, most of these people are treated as non-documented migrants.” Nah said it was difficult for non-documented migrants to get redress. “Even those with documents find it hard to obtain redress. “In many cases, when a migrant worker files a suit against his employer, the employer cancels the work permit and he ends up losing his right to stay and work here.” Tenaganita director Irene Fernandez said foreigners who had been forced into prostitution, bonded labour and were smuggled or trafficked or were foreign brides were all considered “moder n day slaves”. Most had no proper documentation and were being taken advantage of, she said. Another speaker, Bar Council human rights committee member Renuka T. Balasubramaniam, said language problems and ignorance of human rights were the main barriers for migrant workers seeking redress for injustice. The government, she said, should also consider setting up a special court for migrants that gives them the right to be heard. The forum also came up with several proposals, such as recognising refugees through a special card issued by the United Nations High Commissioner for Refugees. Ivy Josiah, the executive director of Women’s Aid Organisation, said her support group and MWG were hoping to meet government officials soon to discuss the status of migrant workers and forward their proposals. Foreign workers trapped in a 'no-win' situation TWENTY per cent of Malaysia's workforce are foreign workers. But what happens when a foreign worker is exploited? Their rightful redress is the Labour Court, but in reality, this avenue is not one of justice for foreign workers. Bar Council Legal Aid Centre chairman Ravi Nekoo said that while the law allows a foreign worker to stay in the country pending the disposal of his case, the worker is without a job. Ravi said although foreign workers could file a case at the Labour Court or lodge police reports against their employers, this usually results in their work permits being cancelled by the employers. "This leaves the migrant worker in a dilemma as he has no right to continue to be in the country without work and the capacity to earn a living," he said. Yes, Ravi agreed that the foreign worker could apply for a special pass while waiting for his case to be settled. However, he said, the pass did not allow a foreign worker to work in the country. "So how is he supposed to survive?" Tenaganita programme officer Florida Sandanasamy said not only does the pass forbid a worker from working, it is only valid for 30 days. The application for the special pass itself takes months, during which the foreign worker's status is illegal. The application hits a dead end if the foreign worker does not have his passport. Sometimes, says Florida, the passport is held by the former employer, which complicates matters. "Most of them file cases because they have not been paid, and then this," said Florida. "How can they sustain themselves if they can't work? What is worse is that the special pass costs RM100 a month. "As a local, I can work while my case is pending. Why shouldn't this apply to foreigners? "So is justice served? That is the big question." Florida said the authorities had to stop living in denial, thinking all agents and employers are good. Ravi said the statistics released by the Bureau of Democracy, Human Rights and Labour (United States) on March 6, last year, quotes figures given by the Internal Security Ministry as 42,483 individuals incarcerated in prisons and illegal migrant detention centres in the country. People, said Ravi, failed to see the contribution foreign workers make to the economy. "What is their offence? They come here to earn money for their loved ones. They should not be in this country if our economy cannot sustain them. The laws have to be more compassionate." Immigration Department enforcement director Datuk Ishak Mohamed said they do not allow foreign workers with special passes to work in the country as this would create a loophole for illegals to work. "I cannot allow them to use the special pass to work and stay for as long as their case is being heard because there are hundreds of thousands of illegals in the country," said Ishak. "If we allow it, everyone would settle for that option, including refugees, because it is an easy way to get work. We have found a few cases filed in court just for them to obtain a special pass." Ishak said a special pass is valid for 30 days and renewable up to three times. "Our position is that 90 days is sufficient for them to file a case, engage a lawyer to represent them and then return to their homes. "If they want, they can return anytime for their cases." But how would they survive 90 days without working? "As far as the Immigration Department is concerned, the 90 days is given on the understanding that the worker's family, good friends, non-governmental organisations, embassies, high commissions or any other person would support him during this period." Harun - from legal to illegal overnight HE sold his land for RM7,000 and bid his family goodbye, promising to support his parents and nine siblings in Bangladesh. He received his visa and work permit before leaving his homeland in 1996. And after contributing to the Malaysian economy for seven years, he now has sleepless nights and lives in fear of every knock on his door. This is because 40-year-old Harun (not his real name) has become an illegal immigrant overnight. And all because of the due process of law. Harun was employed in a plastic moulding factory along with 10 others from Bangladesh. His salary was first paid to his agent, and after deductions were made, the agent passed what was left to him. The workers worked for 12 hours a day, and virtually seven days a week. They were not paid overtime or bonuses, and were not allowed annual leave. They were also deprived of company benefits that were enjoyed by local employees. This feeling of injustice motivated the 11 employees to take their case to the Labour Court in 2002. But instead of getting what they were owed, their employer cancelled their work permits, rendering them illegal and jobless. With the help of the Bangladesh High Commission and Tenaganita, Harun and his friends were then granted a special pass, which was renewed continuously until 2006. Then the Immigration Department stopped renewing the pass. Harun and his friends are now illegal immigrants, even though their case is on appeal to the High Court. Now, Harun wants only one thing -- a temporary work permit to survive until his case is settled. But so far, there is no sign of a work permit or the money due to him. "If I win my case today, I will return home tomorrow. I'm suffering here with no work permit and no job. I live in fear daily," he said. "At least, when I had the permit I was not so afraid. But of what use is the special pass? To jalan-jalan (roam about)? What do I eat? Air?" Harun, who has been in Malaysia for 13 years, said he has not done anything wrong since he arrived. "I am not stealing. I'm just working to survive. I like Malaysia. I love working here, and I have done nothing wrong." One of the workers in Harun's group, Muhammad, wanted to return to Bangladesh after his special pass had expired. His 80-year-old mother wanted to see him. Muhammad went to the Immigration Department. He was detained. They kept him for 12 days before he was deported. He was not allowed to take any of his belongings or savings and returned to Bangladesh, penniless.

Uthaya: Suhakam's conduct deplorable - MADPET

Uthaya: Suhakam's conduct deplorable

Charles Hector | Apr 25, 08 3:48pm

I refer to the Malaysiakini report Suhakam: Uthaya wasn't denied treatment. Madpet (Malaysians Against Death Penalty and Torture) is disappointed by the fact that the Malaysian Human Rights Commission (Suhakam) made and pronounced conclusions about complaints about detention conditions and health care of an Internal Security Act (ISA) detainee in Kamunting Detention Centre without even meeting with the said P Uthayakumar. The Malaysian Human Rights Commission should never come to any conclusion or finding without at least meeting and talking to both sides. In this case, it was reported that the Suhakam team, led by Human Rights Commissioner Siva Subramaniam, had meetings with ‘…senior officials, the doctor and police personnel at the camp, as well as medical personnel in Taiping hospital’. It was also reported that ‘Uthayakumar was neither present during the four-hour probe, nor interviewed by the team’. When Siva Subramaniam was asked why Uthayakumar’s side of the story was not heard it was reported, ‘He pointed out that media reports were also sufficient to highlight Uthayakumar’s plight’. The manner in which this ‘inquiry’ was done and the conclusions reached are very wrong, and is a deprivation of Uthayakumar and his family’s fundamental right to be heard and participate in any inquiry and/or investigation. Uthayakumar is already a victim of a draconian law that allows for detention without trial - where there is no right to defend oneself; no right to a fair and open trial and no right to even go for judicial review of the alleged reasons for detaining him. As such, the manner in which Suhakam conducted themselves in this case makes it even more deplorable and is certainly unacceptable behaviour for a national human rights commission. Madpet seriously hopes that the making of such speedy ‘conclusions - in this case by Commissioner Siva Subramanian - was not affected by the fact that his current term expires in July 2008, and a belief that a ‘pro-government’ positioning now may assist chances of a re-appointment for another two-year term. Human rights commissioners and Suhakam must at all times be independent and be seen to be independent and fearless and should only be driven by human rights and justice considerations. If a human rights commissioner cannot do this by reason of fear or some other reason, then the proper and ethical thing to do is to resign. Madpet urges Suhakam to immediately retract its conclusions about the complaints by Uthayakumar, his family and/or his friends as reported in the media, and conduct a proper inquiry into these complaints in the proper manner – which would necessarily include that the fundamental rights to be heard and to participate be accorded to the alleged victim and the complainants. Madpet also calls for the immediate and unconditional release of Uthayakumar and all those currently detained under the Internal Security Act (ISA) and other laws that allow for detention without trial and that all laws that allow for detention without trial be repealed. The writer represents Madpet.

Hindraf wants Suhakam commissioner out (malaysiakini)

Hindraf wants Suhakam commissioner out

Syed Jaymal Zahiid | Apr 25, 08 12:12pm

Hindu Rights Action Force (Hindraf) lawyers have accused the Human Rights Commission (Suhakam) of deceit and demanded for one of its commissioners to step down. Lawyer N Surendran claimed that Suhakam’s report by commissioner N Siva Subramaniam was utterly incorrect in suggesting that detained Hindraf leader P Uthayakumar is fine. "It’s a lie. The report is totally incorrect. Uthayakumar is in bad shape. He has been denied medical attention for more than a month now," he told reporters at a Hindraf gathering outside Istana Negara this morning. About 30 supporters gathered outside the palace gates to submit a memorandum seeking royal intervention for the release of Uthayakumar and four others held under the Internal Security Act (ISA). The memorandum was handed to a palace official by Vaishnavi, the five-year-old daughter of Hindraf chairperson P Waythamoorthy who is currently in self-exile in London. 'Blatant lie' Meanwhile, PKR Kapar MP S Manickvasagam, who was also present, claimed that Uthayakumar’s blood sugar level (right) had increased to a worrying point. This was caused by deliberate medical negligence on the side of the government, alleged the politician. Hindraf lawyer and DAP MP for Teluk Intan M Manogaran also lambasted the alleged denial of medical treatment, which he described as "inhuman." "We deplore Suhakam’s report, it is a blatant lie. Siva Subramaniam must step down immediately," he added. On Wednesday, Subramaniam, after visiting the Kamunting detention centre, said that Uthayakumar was given proper medical treatment by the authorities. He, however, did not meet Uthayakmar or any of the other four Hindraf detainees during his visit. Threat to BN, not nation In their memorandum to the King, Hindraf lawyers appealed to his highness to facilitate the release of the five. This action followed a recent media report stating that the King had consented to the government’s recommendation for the Hindraf leaders to be detained for two years [see letter below]. This decision was reportedly conveyed in letters sent by His Majesty to the five. Manogaran stressed that the use of ISA to detain the Hindraf leaders was utterly unjust and appealed to the King to raise the matter in his parliamentary address next Monday. "ISA is evil and the government that carries it is an evil government. We urge the King to look into the matter and justly react by releasing all of them," added Surendran. They argued that Hindraf is not a threat to national security but to the ruling coalition Barisan Nasional. The other Hindraf leaders under detention are M Manoharan, V Ganabatirau, R Kenghadharan and T Vasantha Kumar. All five were detained on Dec 13 shortly after they had organised a mammoth street rally which drew some 30,000 people. Watch 2-min video in Malaysiakini.tv

Gov't repeals ban on Makkal Osai

Gov't repeals ban on Makkal Osai

Lee Weng Keat | Apr 24, 08 3:01pm

The government has reversed its decision a week after banning Makkal Osai by renewing the Tamil daily's publishing permit today. The newspaper, promising that it would be careful in the future, will hit the stands on Saturday. The daily’s general manager M Periasamy today told reporters that he renewed the permit at about 3.30pm after receiving a letter from the ministry in the morning stating that his appeal has been approved. “We will be more careful. We won’t run away from our responsibility (of maintaining racial harmony),” he said. According to Periasamy, no conditions have been imposed for the renewal of the permit. He thanked the government and the ministry in allowing the daily to continue. He also thanked the daily’s faithful readers for their continued support. Periasamy revealed that he had met with Home Minister Syed Hamid Albar two days ago to submit the appeal letter and to explain the daily’s stand. He added that the minister did not explain why the permit was not renewed. “He just said generally that all newspapers should maintain racial harmony,” said Periasamy. On April 16, the daily received a letter from the Home Ministry stating that its permit would not be renewed. No reasons were given for the ban. Syed Hamid was later quoted in the media as saying that Makkal Osai had breached media guidelines but he did not elaborate. The daily, which is closely linked to former MIC deputy president S Subramaniam, subsequently filed an appeal. Industry sources claimed that the ministry's decision was related to Makkal Osai's extensive coverage of opposition-related news and the Hindu Rights Action Force (Hindraf). Makkal Osai is a widely read Tamil daily, ranking next only to Malaysia Nanban in terms of popularity. Nanban is still the best selling Tamil daily in the country. The MIC-linked Tamil Nesan is the third Tamil daily on circulation. Syed Hamid: Why we change our mind Syed Hamid said the decision to allow the newspaper to continue publishing was based on looking after the interests of the paper's employees. "They are supporting so many people and... they assure that they will abide by the guidelines and they will contribute to our nation building efforts," Syed Hamid said. "I think their request is reasonable and I renewed it (the permit) yesterday," he told reporters. Syed Hamid had earlier said the daily violated guidelines stipulating that newspapers should not raise sensitive issues that could threaten racial harmony and the country's stability. The minister said his ministry had not been pressured to act. "There was none ... no political pressure. No one has come to see us except the newspaper. We never act under pressure. What we act on is in the interest of the country," he said. Periasamy said that the daily suffered at least RM400,000 loss in revenue as a result of their shutdown. “But now that we are back, we will continue to be the paper that cares. We will continue to report on Indian issues and continue to care about racial harmony,” he said. The daily’s editor-in-chief M Rajen also thanked the other newspapers for their support and assistance in the past one week. “Although this is a short period (one week), but for us it was a big struggle,” he said. Periasamy also said he agreed with a proposal made by Syed Hamid last year that newspapers need to apply for the permit only once, without the need for renewals as being practised now. He said that it was a worrying time for all newspapers while waiting for their permits to be annually renewed, coupled with the "love letters" which they received from the ministry from time to time on coverage deemed to be controversial. “Moreover, if you want to renew every newspaper, you only increase the workload of the ministry,” he said. Time to release Hindraf 5 Makkal Osai, or 'The People’s Voice', has a circulation of 52,000 and was launched in 2005. It has a staff of about 100 people. This is not the first time that the newspaper ran into trouble. On Aug 24 last year, the government lapped a one-month suspension after the Tamil daily published an image of Jesus Christ holding a cigarette and a beer can four days ago. It was published as a weekly newspaper for 15 years before it became a daily in December 2005. It is an offshoot of Tamil Osai which ceased operations in 1990 following a management dispute. In recent month, the daily however saw a decline in its circulation after Subramaniam buried the hatchet with his former nemesis MIC president S Samy Vellu who owns the rival Tamil Nesan daily. In an immediate reaction, opposition leader Lim Kit Siang welcome the lifting of the ban on Makkal Osai and urged the government to release the five Hindraf leaders held under the Internal Security Act. "Syed Hamid should learn the lesson of the Makkal Osai faux pax and not repeat the same mistake of complying obediently and blindly the dictates of the 'Little Napoleons' in the bureaucracy and to bring to bear his higher duties and responsibilities as the minister ultimately responsible for all decisions made by his ministry." He said that the minister cannot again pass the responsibility of the continued detention of the Hindraf 5 to the civil servants. It was reported that the King has ordered for the five to complete their two-year detention after receiving the recommendation of the prime minister's Advisory Board

MADPET:- Conduct proper inquiry into complaints concerning P. Uthayakumar

MEDIA STATEMENT – 24/4/2008

SUHAKAM’S CONDUCT UNBECOMING OF A HUMAN RIGHTS COMMISSION

- Conduct proper inquiry into complaints concerning P. Uthayakumar

MADPET (Malaysians Against Death Penalty and Torture) is disappointed by the fact that the Malaysian Human Rights Commission (SUHAKAM) made and pronounced conclusions about complaints about detention conditions and health care of an Internal Security Act (ISA) detainee in Kamunting Detention Centre without even meeting with the said P. Uthayakumar. This was reported by Malaysiakini(23/4/2008) in a report entitled “Suhakam: Uthaya wasn't denied treatment” and also by Bernama(23/4/2008) in a report entitled “Uthayakumar's claim of improper medical care untrue: Suhakam”

The Malaysian Human Rights Commission (SUHAKAM) should never come to any conclusions or findings without at least meeting and talking to both sides.

In this case, it was reported that the SUHAKAM team led by Human Rights Commissioner Datuk Siva Subramaniam, had meetings with “…senior officials, the doctor and police personnel at the camp, as well as medical personnel in Taiping hospital…”

It was also reported in Malaysiakini that “Uthayakumar was neither present during the four-hour probe, nor interviewed by the team…”

When Datuk Siva Subramaniam was apparently “…asked why Uthayakumar’s side of the story was not heard….He pointed out that media reports were also sufficient to highlight Uthayakumar’s plight….”(Malaysiakini).

The manner in which this “inquiry” was done and the conclusions reached are very wrong, and is a deprivation of P.Uthayakumar and his family’s fundamental right to be heard and participate in any inquiry and/or investigation.

P. Uthayakumar is already a victim of a draconian law that allows for detention without trial - where there is no right to defend oneself; no right to a fair and open trial; and no right to even go for judicial review of the alleged reasons for detaining him.

As such, the manner in which Siva Subramanian and SUHAKAM conducted themselves in this case makes it even more deplorable and is certainly unacceptable behaviour for a National Human Rights Commission.

MADPET seriously hopes that the making of such speedy “conclusions” in this case by Commissioner Siva Subramanian, was not affected by the fact that his current term expires in July 2008, and a belief that a ‘pro-government’ positioning now may assist chances of a re-appointment for another 2-year term.

Human Right Commissioners and the Malaysian Human Rights Commission (SUHAKAM) must at all times be independent, and be seen to be independent, fearless and should only be driven by human rights and justice considerations. If a Human Rights Commissioner cannot do this by reason of fear or some other reason, then the proper and ethical thing to do is to resign.

MADPET urges SUHAKAM to immediately retract its conclusions about the complaints by P. Uthayakumar, his family and/or his friends, as reported in the media, and conduct a proper inquiry into these complaints in the proper manner – which would necessarily include that fundamental right to be heard and to participate accorded to the alleged victim and the complainants.

MADPET also calls for the immediate and unconditional release of P. Utayakumar, M. Manoharan and all those currently detained under the Internal Security Act(ISA) and other laws that allow for detention without trial.

MADPET also reiterates its call that the ISA and all laws that allow for detention without trial be repealed.

Charles Hector

for Malaysians Against Death Penalty and Torture (MADPET)

24th April 2008

[For further information, contact Charles Hector (019-2371300/019-2371100)]

Making conclusions after hearing ONE side is itself a serious HUMAN RIGHTS violation.

Shocking and dissapointing conduct by Human Rights Commissioner N Siva Subramaniam when he can make conclusions and issue pronouncement without even hearing P Uthayakumar. Have you forgotten the very important fundamental human right of the "right to be heard". The way SUHAKAM conducted itself, as reported in the Media, is really BIASED. (And one wonders whether this was because good old N Siva Subramaniam's whose term apparently ends in July 2008 is hoping for a re-appointment for a further term and of course the government would likely re-appoint 'pro-government' persons back into SUHAKAM) He heard one side of the story and he made his conclusions, i.e. that the claims of denial of proper medical care made by the ISA detainee is UNTRUE. Did he even meet with the complainant - or the person who is the subject of the complaint >>> clearly this was not done. I say N Siva Subramaniam has been found to be wanting - and should be removed as a Human Rights Commissioner. His actions have placed a permanent stain on the credibility of SUHAKAM as the National Human Rights Commission. Suhakam: Uthaya wasn't denied treatment Beh Lih Yi | Apr 23, 08 3:14pm Hindu Rights Action Force (Hindraf) leader P Uthayakumar has not been denied proper medical treatment, the Human Rights Commission of Malaysia (Suhakam) has found following a probe. Commissioner N Siva Subramaniam said the claims were found to be untrue during Suhakam’s visit yesterday to the Kamunting detention camp in Taiping, Perak. There have been rising concerns over the health of Uthayakumar, a diabetic for the past 12 years. He is currently being held under the Internal Security Act (ISA) in Kamunting. “His situation is under control and he is happy with the medicines given to him,” Siva Subramaniam told a press conference at the Suhakam headquarters in Kuala Lumpur today. Alos present was commission secretary Ahmad Yusuf Ngah. Siva Subramaniam said he led a team which met with senior officials, the doctor and police personnel at the camp, as well as medical personnel in Taiping hospital. Uthayakumar was neither present during the four-hour probe, nor interviewed by the team. The commissioner said his team discovered that certain claims were false - that Uthayakumar had been treated merely by a health assistant and that he had been discharged too soon from the hospital. It was also not true that he had been denied medicine for diabetes over the past month despite repeated requests to the director of the Kamunting camp. “His family wanted to provide medicine to Uthayakumar but under the rules and regulations (of the camp), the medicine needs to come from the health ministry,” he noted. Siva Subramaniam said the substance of medicine was found to be the same from both sources. “He told the doctor that he is satisfied with what is being given to him,” said the commissioner, who nonetheless stressed that it was the right of any detainee to receive proper medical treatment. Siva Subramaniam was asked why Uthayakumar’s side of the story was not heard. “We came to a conclusion that as far as diseases and confidentiality of medical treatment (are concerned), it should be maintained between doctor and patient; a third party shouldn’t know what’s happening,” he contended. He pointed out that media reports were also sufficient to highlight Uthayakumar’s plight. To another question, he said the detainee’s family had not approached Suhakam for help, but understands that over 30 police reports had been lodged over the claim that Uthayakumar was being deprived of due medical attention. Visit to Lenggeng tomorrow Uthayakumar is among five Hindraf leaders who were detained under the ISA on Dec 13 last year after organising a mammoth rally in Kuala Lumpur on Nov 25. This saw some 30,000 Indian Malaysians protesting against perceived marginalisation and discrimination. He was admitted to the Taiping hospital on April 7 after his sugar level rose to more than three times the normal level. He was discharged on April 10 and taken back to the detention centre, but his family insisted that he was still unwell. There have been calls from rights groups and politicians, including the MIC, to provide the lawyer-activist proper medical attention. There are currently 70 detainees in Kamunting under the ISA, a law which the government-backed human rights commission has consistently opposed. Siva Subramaniam also said he will lead a Suhakam team to the Lenggeng detention centre in Negri Sembilan tomorrow, after a riot on Monday. During the incident, about 60 Burmese detainees reportedly tried to pull down the perimeter fence and afterwards torched an administration building. More than 100 members of the people’s volunteer corps, riot police, civil defence department and fire and rescue service personnel had to be called in to contain the riot. Uthayakumar's claim of improper medical care untrue: Suhakam

Wednesday, 23 April 2008 03:01pm

©Bernama by Azura Abas KUALA LUMPUR, Wed: Allegations that Hindu Rights Action Force legal adviser P. Uthayakumar has been denied proper medical care are untrue, the Human Rights Commission of Malaysia said today. Commissioner Datuk Siva Subramaniam said Suhakam had a two-hour meeting with representatives from various quarters, including Taiping Hospital, the police and the Kamunting detention centre on Tuesday. “The allegation that Uthayakumar was discharged from hospital while still being critically ill is untrue. The doctor who treated Uthayakumar has 20 years’ experience in treating those with diabetes. Dr Letchuman had allowed him to leave the hospital based on a professional opinion that the detainee’s health is fine,” he said. Siva dismissed allegations that the Hindraf legal adviser was not given medicine for his illnesses. For families of the detainees to provide their own medicine, they will have to get the approval from the hospital and prison authorities. “Approval will only be given if the hospital does not have the needed medication,” he said. On a claim that Uthayakumar’s food had salt and sugar in it, Siva said the relevant authority assured Suhakam that the detainee only received salt- and sugar-free food and drinks. “Now, he eats bread and has requested for capati, too. If Uthayakumar wants salt, he will be supplied with it upon request,” he said. Siva also denied a claim that Uthayakumar was only taken care by a medical assistant. “A visiting doctor goes to the detention centre three times a week.” In fact, he said, Uthayakumar would undergo medical checks soon. “We have also checked the supply of medicine and met the doctors. We concluded that the detention centre has enough supply of medicine for various illnesses, including for diabetes. Recently, Uthayakumar’s mother had appealed for her son to be admitted to the National Heart Institute (IJN) or a private hospital of her choice. K. Kalaivaniy, 64, claimed that Uthayakumar’s health was deteriorating at the Kamunting detention centre. On the recent Lenggeng riot, Siva believed it was important to have the cooperation of embassies to solve immigrants’ issues. Some 60 detainees, mostly Myanmar refugees, at the Lenggeng Immigration depot rioted on Monday, setting an administrative building ablaze and destroying office equipment. Siva feared that the poor conditions at immigration detention centres were like a ticking time bomb. “The centres are overcrowded and the detainees are kept there far too long.” Siva said the centres could also tap into the resources of non-governmental organisations to help the refugees.

STOP ARREST OF Press Statement of Myanmar Ethnic Rohingya Human Rights Organization Malaysia: Stop arrest of BURMESE refugees

Press Statement of Myanmar Ethnic Rohingya Human Rights Organization Malaysia: Stop arrest of Myanmar refugees

Wednesday, 23 April 2008 05:16pm

STOP ARREST OF BURMESE REFUGEES AND ASYLUM SEEKERS. RELEASE REFUGEES IN DETENTION AS SIGN OF COMPASSION AND SOLIDARITY WITH THE PEOPLE OF BURMA. ROUNDED UP: Malaysian police keeping a close eye on detainees from Myanmar at the holding camp in Lenggeng, Negeri Sembilan. Some 60 illegals rioted and set fire to a building on Monday. The recent riot by the Burmese political refugees in Lenggeng Detention Camp shows the frustration of refugees as there are no solution to refugees issues. The Malaysian government has continued the Crackdown against refugees and on the other hand there is no development to their application to resettle in the third countries. Since the situation in Burma has become worse, we really hope that the Malaysian government stop the arrest of refugees. The continuous arrest of refugees cause crowdedness in the detention camps throughout the country and it would not solve the root cause. There are refugees in the detention camp awaiting the intervention by UNHCR for the past 3 to 4 years. They do not want to be deported as they will be arrested and detained again and again. Many of these refugees suffer from depression as they have stayed for a lengthy time at the detention camps and the uncertainty of their future. While we appeal to the Malaysian government to stop the arrest on refugees, we also hope UNHCR to actively dialogue with resettlement countries to accept more refugees regardless of ethnic, race, religion & etc. Myanmar Ethnic Rohingyas Human Rights Organization Malaysia, calls on the Prime Minister, Y.A.B Datuk Seri Abdullah Ahmad Badawi:- 1) To stop the arrest of refugees and asylum seekers in the country 2) To release all refugees who are currently detained in the various detention camps. 3) To give them temporary document to continue their stay in Malaysia while their resettlement being processed. 4) To stop deportation to Thailand Border as it will only put their lives in great danger. 5) To add pressure on Junta to restore Democracy in Burma - (ASEAN) Yours sincerely, Mr. Zafar Ahmad Haji Abdul Ghani President of Myanmar Ethnic Rohingya Human Rights Organization Malaysia (MERHROM) Penthouse, Wisma MLS No. 31 Jalan Tuanku Abdul Rahman 50100 Kuala Lumpur Malaysia Tel: 603. 26913691 / 26973671 Fax: 603. 26913681 H/P: 6016- 6827287, Web: http://merhrom.wordpress.com Email: rights4rohingya@yahoo.co.uk

A foolish suggestion to Malaysians by a former de-facto law Ministert

A foolish suggestion by one former de-facto law Minister. What does he want? A Royal Commission?

UMNO is a political party - and if members of the UMNO party want to form a Commission to investigate why they did so badly this last elections -- then it is up to them members. Why are you going out there and making a statement to the whole world when it is merely a party matter.

Rais, and many others are behaving as though the losses of UMNO-led Barisan Nasional government is a matter of national concern - a matter of concern for all the RAKYAT...it is foolish.

It is just a political party -- and a coalition of political party who have stayed way too long in power so much so that that even 'wise' former de-facto law Minister is getting confused and is having difficulty seeing the difference between the party and the government...

There is no NATIONAL TRAGEDY when Malaysians voted for some other political party not UMNO and/or its gang of political parties... in fact some say that it is HAPPY MOMENT THAT NEED TO BE CELEBRATED....



Rais: Form commission to probe Umno's losses
Apr 23, 08 3:32pm (malaysiakini)

Since this is the season of commissions, Umno supreme council member Dr Rais Yatim is calling for one to be formed on the party.

He said Umno, which is considered the backbone of the ruling coalition Barisan Nasional, is in dire need of a commission to look into the heavy losses it sustained in the March 8 polls.

Rais, who is also foreign minister, said the party should also "change" the way it operated.

"If you can create a commission for judges and now you want to create the anti-corruption commission, why can't you create a commission for Umno," he said, adding that Umno should go forward now.

"I am always here to say the quota system should go. The creation of the overlords, the barons at state levels of Umno should also be looked at again, so that we should not have to serve too many bosses when it comes to election," the veteran politician told Bernama.

Rais, 66, was referring to the quota system which stipulates that for a leader to contest the positions of president, deputy president, vice-presidents or supreme council member, he or she must obtain a certain number of nominations from Umno divisions.

"This I think may not go well with some, we have to say what we believe in. Again I am not blaming anybody, but the system must be fair," he said.

Fond of blaming others

On former premier Dr Mahathir Mohamad's call for his successor, Abdullah Ahmad Badawi to step down as prime minister and Umno president and take the blame for BN's dismal election performance, Rais said this was not the time for bickering but the time to work.

"It is the time to forget and forgive. Everybody has a sanctum somewhere in his inner thinking to be enforced and to be said aloud.

"I think the time has come for all levels of leadership to accept and love Malaysia and allow the working process to take place," he said.

Rais said while he was not pointing fingers at anyone for the loss, Malaysians were "very fond of blaming people."

MADPET SAYS NO TO PROPOSAL TO WHIP ‘MAT REMPIT’

MEDIA STATEMENT – 22/4/2008

MADPET SAYS NO TO PROPOSAL TO WHIP ‘MAT REMPIT’

MADPET (Malaysians Against Death Penalty and Torture) is disturbed by the recent statement of Federal Traffic chief Senior Assistant Commissioner II Datuk Hamza Taib, as reported in the Star (18/4/2008), who said that “..Habitual illegal road racers and Mat Rempits will face whipping under proposed amendments to the Road Transport Act 1987.”

The report stated that “...under the proposed Section 42 (A), illegal racers can be jailed for up to five years and fined not less than RM5,000, and have their licences suspended for three years for a first offence…The penalty for second-time offenders would be a minimum of 10 years’ jail, three strokes of the rotan, not less than RM10,000 fine, and not less than a five-year suspension of the driving licence…”

Article 5 of the Universal Declaration of Human Rights clearly states that "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment".

Whipping is one such cruel, inhumane, degrading form of punishment, and there is no good reason why the punishment of whipping is still there in the statute books of caring compassionate Malaysia.

The only flawed reason why some may want to add whipping as an extra-punishment for repeat offenders of an offence under the Road Transport Act is possibly the belief that it will have a deterrent effect. This reasoning is baseless for there is no evidence whatsoever to support such a belief. It is also unlikely that Malaysian authorities will be able to supply Malaysians evidence that the introduction of the punishment of whipping has had a direct consequence in the reduction of any crime.

The Malaysian government must seriously look into root causes, which may reveal that it was the failings of the government itself that has led to such crime in Malaysia today, and if that be the case, then the taking of the easy way out by just blaming the “Mat Rempits” and the introducing whipping as an additional punishment is wrong and unacceptable.

"If you suffer your people to be ill-educated and their manners corrupted from infancy, and then punish them for those crimes to which their first education disposed them, what else is to be concluded, sire, but that you first make thieves and then punish them?" -Thomas More

It should be noted that the Malaysian Bar, a body of about 13,000 lawyers, did in March 2007 pass a resolution unanimously calling for the abolition of the whipping sentence from the laws of Malaysia. The Malaysian Bar rejected and denounced ‘…the sentence of whipping as it is anachronistic and inconsistent with a compassionate society in a developed nation….’

MADPET calls for an immediate removal of the sentence of whipping from the laws of Malaysia.

MADPET calls also for an end of the execution of the sentence of whipping, which has been known to cause permanent physical and psychological damage to victims, including also impotency.

MADPET calls also for Malaysia to immediately ratify the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984).

Charles Hector

for Malaysians Against Death Penalty and Torture (MADPET)

22^nd April 2008

Lenggeng riot: 'A disaster waiting to happen'

State police chief Osman Abdullah had earlier stated that ""We are still investigating the cause, but at this point in time all I can say is that they were unhappy because they heard that their application to a third country had been rejected," Now that reason about unhappiness because application to third country denied is found to be baseless. SO - what did happen and WHY? We deserve to know this and a thorough investigation needs to be done maybe by SUHAKAM(Human Rights Commission). It is also shocking that Malaysia has given over the management of detention centres to the Volunteer Corp RELA - and this detention centres were previously under the professionals - the Prisons Department. RELA should be abolished - and that has been the call of the Malaysian Bar, ALIRAN and other groups but the government is turning a deaf ear to the call that law enforcement, including management of detention centres should be undertaken by full-time professionals. If there is a shortage of man-power - then HIRE and TRAIN -- not resort to volunteers. Until shown otherwise, blame must rest with the body responsible - the RELA. Lenggeng riot: 'A disaster waiting to happen'

Fauwaz Abdul Aziz | Apr 23, 08 10:44am (Malaysiakini)

It was only a matter of time before trouble broke out at the 14 immigration detention centres taken over earlier this year by voluntary corps Rela - as the Lenggeng incident in Negri Sembilan has proved. “We anticipated it to happen sooner or later. Lenggeng is only the beginning of worse things to come,” said Migrant Care coordinator Alex Ong when contacted yesterday. Ong was commenting on the riot on Monday in which about 60 Burmese detainees reportedly tried to pull down the perimeter fence and afterwards torched an administration building. More than 100 Rela members, riot police, civil defence department and fire and rescue service personnel had to be called in to contain the riot. According to state police chief Osman Salleh, the detainees had vented their anger against the authorities after their application for resettlement to a third country had been denied. Ong, however, questioned this version of the story and said the more likely reasons involve the poor living conditions and treatment that migrants receive in such detention centres. Many human rights and migrant groups have long decried the harsh treatment, overcrowding, poor sanitation, and inadequate food and medical facilities. Since Jan 15 when Rela took over the running of Lenggeng from the prison department, the plight of those detained has gotten from bad to worse, Ong claimed. “We have always opposed Rela taking over because we expected the move to be accompanied by complaints of more human rights abuses and abusive treatment,” he said. Rela is already saddled with a poor track record in relation to treatment of migrants, given its previous role in rounding up undocumented foreigners in Malaysia and the number of complaints this attracted. ‘Detainee beaten’ Lending strength to Ong’s contention that the riot was not over the issue of resettlement, the United Nations High Commissioner for Refugees (UNHCR) said that no refugees in Lenggeng have been told that their resettlement request had been denied. “Our records indicate that their cases are still being actively processed by our office,” said spokesperson Yante Ismail when contacted. There are 75 refugees and asylum-seekers known to UNHCR in Lenggeng, of whom seven are non-Burmese and 68 are mostly Chin Burmese. It is still unclear whether and how many of these were involved in the riot, said Yante. All-Burma Democratic Force vice-chairperson Mohammad Sadek pointed out that it is not usually the Chin - who are predominantly Christian - whose applications for resettlement in Western countries are denied. “It is the Burmese Rohingyas who have complained that their applications for resettlement have been turned down,” said Mohammad. A social worker who had visited the centre a few weeks ago said a day-long hunger strike had been held on April 3 by a large number of refugees, to protest the severe beating of a Burmese detainee by Rela officers. “It took a senior immigration officer to come to the detention centre to persuade them to call off their hunger strike,” said the worker, who declined to be identified. “I think things only got worse after that, which is why the riot happened.” Osman said 14 foreigners - six Burmese, six Indonesians, one Vietnamese and one Cambodian - have been called in for questioning over the riot. He said they were arrested under Sections 148 (possession of dangerous weapons) and 438 (committing mischief by fire or use of explosive substance) of the Penal Code. ***************************************** Burmese detainees torch Lenggeng detention centre Apr 21, 08 5:41pm At least 60 Burmese immigrants rioted in the Lenggeng detention centre in Negri Sembilan today, torching a building after failing to win asylum to a third country. The group initially gathered outside their block at the detention and tried to bring down the perimeter fence, local state police chief Osman Abdullah was quoted as saying by the daily Star newspaper website. "The authorities tried talking to them but a short while later, they turned violent and then gained entry into the office and set it ablaze," he added. Osman said about 200 police and security personnel were deployed to bring the situation under control. The Lenggeng detention facility houses 820 illegal immigrants, of which 218 are from Burma, he said. "We are still investigating the cause, but at this point in time all I can say is that they were unhappy because they heard that their application to a third country had been rejected," Osman added. Officials at the detention centre could not be reached for comment.

Myanmar detainees riot, set fire at Malaysian camp

Myanmar detainees riot, set fire at Malaysian camp

Reuters
April 21, 2008

Detainees from Myanmar rioted at a Malaysian holding camp on Monday,
torching a building, after hearing they had been denied asylum in a third
country, the authorities said.

Some 72 Myanmarese, who were being held at a camp just outside the capital
Kuala Lumpur, forced their way into an administrative block and set it
ablaze, the Immigration Department's head of enforcement, Ishak Mohammad,
said.

"They were disappointed on hearing the UNHCR (the U.N. Nations High
Commissioner for Refugees) couldn't get a placement for them in a third
country," he told Reuters. Malaysia considers them to be illegal
immigrants.

Police said the rioters, who were unarmed, would be charged with arson. No
one was injured.

"They set fire at the ground floor causing damage to office furniture and
computers," the local Star newspaper quoted Osman Abdullah, the police
chief in the southwestern Negeri Sembilan state, as saying in its online
edition. The camp is located at Lenggeng in the state.

The camp, housing some 800 illegal immigrants including Bangladeshis and
Indonesians, would be closed temporarily, the immigration department said.

Malaysia is home to around 3 million foreign workers, 1 million of whom
are working illegally, Home Minister Syed Albar said at the weekend.

The country currently has about 39,000 refugees registered with the UNHCR,
the body said.

Of the total, about 13,000 are members of Myanmar's Rohingya Muslim
minority and another 12,000 are members of other Myanmar minority ethnic
groups.

The Rohingyas came in the 1990s from Myanmar, but the government there
disputes their origin and refuses to let them return.

(Reporting by Jalil Hamid, Editing by Alex Richardson)

Time's up, but will Suhakam chief go? (Malaysiakini)

Time's up, but will Suhakam chief go?

Beh Lih Yi | Apr 22, 08 12:33pm

All eyes are on Human Rights Commission of Malaysia (Suhakam) chairperson Abu Talib Othman, as his tenure - alongside that of 11 commissioners - expires tomorrow. Indications so far point to the likelihood of the former attorney-general being re-appointed for a fourth term, but there is no official confirmation of this as yet. It is learnt that some Suhakam officers were told two months ago that Abu Talib would have his contract renewed for another two years, to helm the government-backed commission. Malaysiakini also learnt that de facto law minister Zaid Ibrahim (photo) has been asked to recommend fresh faces to Deputy Prime Minister Najib Abdul Razak, to fill the posts of those commissioners whose tenure ends tomorrow. A well-placed Suhakam source said Zaid’s office contacted the commission last week to ask for details of the commissioners to be furnished on an urgent basis. Confirming this, a spokesperson for Zaid’s office said the final decision on the line-up lies with Najib, whose portfolio includes supervision of Suhakam’s operations. “The names have yet to be given to (Najib) based on what I understand,” the source said. Najib’s aide Tengku Sarifuddin Tengku Ahmad, when contacted, declined comment apart from saying that an announcement will be made soon. A check with a number of commissioners revealed that they too are in the dark as to whether their contract will be renewed. “There might be some changes perhaps,” one commissioner said. They said they do not know when the announcement will be made, although one commissioner said it could take place next week. Those affected include vice-chief Simon Sipaun (left), commissioners Dr Chiam Heng Keng, Dr Mohammad Hirman Ritom Abdullah, Asiah Abu Samah, Dr Raj Abdul Karim, Dr Abdul Monir Yaacob, KC Vohrah, Dr Denison Jayasooria (right), Dr Michael Yeoh, Muhammad Uthman El-Muhammady and Zaitoon Othman. Commissioner Choo Siew Kioh’s term will expire on April 29, followed by Tunku Nazihah Tunku Mohamed Rus (May 31), Prof Dr Khoo Kay Kim, Muhammad Shafee Abdullah and N Siva Subramaniam (all on July 19) and Khalid Ibrahim (Nov 30). This is not the first time that commissioners have waited on such announcements. In 2006, the new batch of the commissioners was only announced 10 days after their term expired. There is a strong concern over the possible re-appointment of Abu Talib, whose initial appointment in 2002 had been boycotted by 32 NGOs for 100 days. This was due to his defence of the 1987 mass crackdown dubbed Operasi Lalang and actions during his tenure as AG, when he played an instrumental role in the sacking of Lord President Salleh Abas. Human rights watchdog Suaram director Dr Kua Kia Soong stressed that only personalities with credibility and human rights credentials should be appointed. “No, not Abu Talib. He is the person who said during my habeas corpus application that solitary confinement is like (staying) in a hotel room,” Kua said, referring to his legal challenge against his detention under the Internal Security Act during Operasi Lalang. Frustration of officers Some Suhakam officers also argue for a pressing need to overhaul the line-up. They would like to see eight commissioners who have held the post for three terms (six years) - in particular, Abu Talib - being dropped. The eight are Simon, Chiam and Mohammad Hirman - all of whom were appointed at Suhakam’s inception in 1999 - and Abu Talib, Asiah, Raj, Abdul Monir and Vohrah who were appointed in 2002. “In countries like Australia and New Zealand, the human rights commission makes it clear that a commissioner should not stay for more than five years,” said an officer. Another high-ranking officer echoed the sentiment, saying it is a common feeling among the 70-odd officers that they want a “complete change”. “If I had my way, I would not mind seeing all of them replaced, especially those who will soon entering their 10th year at Suhakam. Even Parliament has changed half of faces but we’re still getting old faces here,” she said. “We really need new blood in Suhakam and I hope the decision-maker knows this is coming from us - the officers.” Former Court of Appeal judge Vohrah - who heads Suhakam’s law reform and international treaties working group - has indicated his wish not to be re-appointed, sources said. Another personality who may be excluded is Denison, who heads the MIC-linked Yayasan Strategik Sosial. This follows the party’s request to Denison to focus on the foundation’s work after the March 8 general election, which saw severe losses for its candidates. Two officers said they hope to see constitutional expert Prof Dr Shad Saleem Faruqi in the new line-up. Other names suggested by them and Kua include former United Nations special rapporteur on the independence of judges and lawyers Param Cumaraswamy (left), human rights group Hakam ex-president Ramdas Tikamdas and prominent lawyer Raja Aziz Addruse (right). “It could be a good idea to bring back Prof Hamdan Adnan too,” said a Suhakam officer. The vocal ex-commissioner was dropped in 2006. According to sources, some ex-politicians have lobbied to be appointed as commissioners. Suhakam has a chequered history in defending human rights, with NGOs frequently complaining about its ineffectiveness. Most of the commission’s recommendations over the past nine years have been ignored by the government, while repeated attempts to get the Suhakam annual report to be debated in Parliament have proved futile. The government has previously stated that it has no intention of giving the commission any ‘teeth’, in terms of enforcement of recommendations. Suhakam only acts as an advisory body to government at present.

Monday April 21, 2008

Rela may be upgraded to an enforcement agency

By JASON LIOH

MALACCA: The Home Ministry is mulling over whether to upgrade Rela to an enforcement agency in a move to enhance its enforcement and public order operations.

Minister Datuk Seri Syed Hamid Albar said a draft of the proposal was being finalised for consideration by the Government.

“The role and responsibility of Rela has increased and become even more challenging,” he told reporters after attending a get-together between its officers and leaders at the Rela Southern Zone Training Camp in Sungai Udang yesterday.

“So it is appropriate that the organisation is upgraded to an enforcement agency under the ministry.”

Syed Hamid said the move would allow for better logistical support and funding for facilities, equipment, and uniforms for its personnel.

“We need to give the 508,000 volunteers sufficient training, not only to enhance the capability of Rela but also to further assist the police and immigration. To date, Rela has caught 73,938 illegal immigrants,” he added.

Under the 9th Malaysia Plan, three more Rela training camps would be set up – in Negri Sembilan, Pahang and Perak – to complement the existing camps at Sungai Udang in Malacca, Sungai Petani in Kedah and Tuaran in Sabah.

On Makkai Osai, Syed Hamid reiterated that the decision not to renew the vernacular paper’s licence was taken after thorough consideration.

The Government did not restrict the publication of newspapers as the media had a role to play in society, he said, but cautioned news publications to not create conflict or disharmony among the people,

“Freedom comes with responsibilities. The Government allows ample freedom of speech and practices democracy with fairness and integrity,” he said.

***************

Sunday April 20, 2008

Proposal to upgrade Rela to enforcement agency

By JASON LIOH

MALACCA: The Home Ministry is proposing that Rela be upgraded to full departmental status as an enforcement agency under the ministry.

This would enhance the organisation's enforcement and public order operations, said Home Minister Datuk Seri Syed Hamid Albar, adding that a draft of the proposal was being finalised before being tabled to the Government for approval.

“The role and responsibility of Rela has increased and become even more challenging.

“As such it is appropriate that the organisation be upgraded to an enforcement agency under the ministry,” he told reporters after attending Rela's get-together between officers and leaders at the Rela Southern Zone Training Camp in Sungai Udang Sunday. He said that the move would allow for better logistical support and funding for facilities, equipment, and uniforms for its personnel.

“We need to give the 508,000 volunteers sufficient training, not only to enhance Rela’s capability but also to further assist police and the Immigration Department -- as of today, it has nabbed 73,938 illegal immigrants," he added.

Under the 9th Malaysian Plan, three more Rela training camps would be set up in Negri Sembilan, Pahang and Perak to complement the existing camps at Sungai Udang in Malacca, Sungai Petani in Kedah and Tuaran in Sabah.

ISA detainee gets to visit sick daughter

ISA detainee gets to visit sick daughter

Azreen Madzlan | Apr 19, 08 3:24pm

Four-year old V Vishaleny refused to eat ever since she was warded for severe viral fever at the Cheras Pantai Medical Centre on Tuesday. But when her father came to visit and fed her a slice of bread, she began to eat. But this was no ordinary hospital visit. Vishaleny is the youngest daughter of K.Vasantha Kumar, Hindu Rights Action Force (Hindraf) coordinator who is currently being held under the ISA in Kamunting. Yesterday, her wish to see her father came true. After her mother appealed to Home Minister, Syed Hamid Albar to allow Vasantha Kumar to visit her was approved, Vishaleny has been waiting impatiently. A big group of police and Special Branch officers were stationed at the hospital from noon until Vasantha Kumar arrived at 5 pm. About 50 of them were patrolling outside and inside the hospital building and another 25 went in to the pediatric ward with Vasantha Kumar. Vasantha Kumar went in to see her daughter at 5.35 pm. However, Vishaleny was asleep and too tired to respond when her father arrived. The detainee spent about 40 minutes with his sick daughter before being whisked away at the back exit, to avoid Hindraf supporters and the press. Reporters were not permitted into the ward. Meanwhile, about 20 Hindraf supporters gathered at the paediatric ward in the hospital to catch a glimpse of the Hindraf leader. Children psychologically affected In an interview with Malaysiakini, Vasantha Kumar's wife, K Vickneswary said her two daughters, aged six and four are psychologically and physically affected by their father's detention. "I dragged them along to Kamunting every weekend because they want to see their father. They're in school five days a week and because of the weekly trip, they did not get enough rest." she said. Four year old V.Vishaleny, who is being warded for severe viral fever, has gotten sick since Sunday. She was warded after her school teacher called Vickneswary that she has been vomiting at school. Vickneswary expressed her disappointment when the court postponed the hearing for the Hindraf Five ISA detainees for another month. "Today is my daughter (who has gotten sick). We don't know whether others (ISA detainees’ children) will follow. They (ISA detainees) also have babies and small children. The children can't bear this anymore." she said. Vickneswary expressed her gratitude to Prime Minister Abdullah Ahmad Badawi and Home Minister Syed Hamid Albar for allowing Vasantha Kumar to visit her daughter. The five Hindraf leaders have been detained under the draconian law since December following the massive rally of Hindraf supporters in Kuala Lumpur. Hindraf 5 remain united Meanwhile, according to Hindraf supporter S Sivalingam, Vasantha Kumar had asked him to inform the public that the five Hindraf leaders are still together, quashing rumours that they are disunited. Sivalingam also revealed that Vasantha Kumar had applied for permission to visit her daughter for the second time next Saturday but has not received a reply yet. Hindraf leader Uthayakumar, according to Sivalingam, is now in better health after receiving proper medication and food for his diabetes following his hospitalisation.

Why appointment - not elections of Local Council members? Why appointment of PR members not appointment irrespective of party affliations..

What happened to the election of local council members.... so they, the DAP-led government also follows the BN way and appoints its own political party members as local councillors.. Just get on with the elections - and if you cannot have local council election by reason of some provision in a Federal Law --- then you still can go for a "referendum" or a "poll" to enable the rakyat to choose their own local council members. Pakatan Rakyat local council members: "Of the 43 appointed councilors, DAP has 19, PKR 15 and PAS two" ...is this not how the BN does it in the states they control. Even if there was to be an appointment of temporary council members pending local council elections, it should never be based on political party affiliations at all.. The Malaysian people voted for CHANGE - REAL CHANGE... and even Penang led by Lim Guan Eng is already disappointing us... just like George Orwell's 'Animal Farm". MORE DEMOCRACY please - elections of local council members, election of Penghulus, election of the JKKK and the JKKKT, the later being the leaders at the Kampung and the Taman levels... Penang groups unhappy with new Pakatan councillors

Athi Veeranggan | Apr 19, 08 2:10pm

The Penang Pakatan Rakyat government's populist agenda to appoint representatives from non-governmental organisation as councillors in local authorities seems to have backfired. The DAP-led government came under fire from a group of NGOs for not fulfilling its promise to appoint at least 10 municipal councillors from the civil society. By appointing only seven councillors from the NGOs, the group spokesperson BK Ong said the DAP-led government had squandered the public trust by making a blatant mistake. "The state government promised 10 but only appointed seven and that too, not on merit. "The NGO appointments were dominated by business groups which had caused imbalanced appointment," said Ong. He criticised the Pakatan Rakyat government of continuing the previous Barisan Nasional administration by giving councillor jobs to "boys" rather than giving the posts on merit. Ong blasted the state government for emulating a failed BN method which he claimed would subsequently produce weak councillors and give rise to longkang (drainage) assemblypersons and members of Parliament. Too many business people On Wednesday, the Penang government appointed four councillors from the civil society groups in the Penang Island Municipal Council (MPPP) and three in the Seberang Perai Municipal Council (MPSP). The MPPP four are Women's Centre for Change (WCC) lawyer Lim Kah Cheng, Universiti Sains Malaysia professor Dr Francis Loh Kok Wah, Penang Malay Chamber of Commerce president Rizal Faris Mohideen Abdul Kader and Penang Chinese Chamber of Commerce representative Choong Khuat Seng. The three in MPSP are Chinese Chamber's Liu Ting Ling, Indian Chamber of Commerce's R Gunasegaran and Federation of Malaysian Manufacturers' Muhammad Ismail. MPPP has 22 appointed councillors while MPSP has 21. Of the 43 appointed councillors, DAP has 19, PKR 15 and PAS two. Ong lamented over the "over-representation" of businessmen could cause an unbalanced council and conflict of interests since members of chambers were often involved in applying for business operational licences and building permits. "This could cause injustice to the laymen," said Ong, speaking on the behalf of the NGOs, including Save Ourselves, Bus Users Group, Malaysian Voters Union, Penang Watch, Mafrel, Suaram, Jim, United Hindu Religious Council, Tanjung Bungah Residential Association and Tanjung Workers Service Centre. In contrast, he said there was lack of representation, or none, from house buyers, residents associations, consumer groups, workers' union and petty traders. "Even women were under-represented in appointments," said Ong, suggesting that the representation should have been as high as one per three ratio. Ong also blasted the state government's lack of transparency in the selection process, saying that it mirrored the previous BN government. DAP members left out He said the state government should have adopted an open selection system such as open invitation, open criteria, open process and open list of candidates even when local government elections could not been held straight away. Ong's open criticism is the last that State Executive Councillor and Penang DAP chairperson Chow Kon Yeow, who is in charge of Local Government portfolio, would want as the state government was already under fire from DAP members on the appointment of councillors from NGOs and "strangers" under the party quota. Disgruntled DAP members have informed Malaysiakini that they had been against the appointment of NGO councillors from the beginning as many of them would not work in the interests of the Pakatan Rakyat state government. Several short messages service (SMS) were already sent out since Wednesday night criticising the state government leaders for overlooking loyal party workers for council appointments. Several assemblypersons have also been singled out by the powerful Makkal Sakti lobbyists in Penang for appointing their "cronies" as councillors at the expense of loyal party members, who had worked hard to secure the party's victory in the recent general election. "Several of the appointed councillors from NGO were known BN supporters. "Even the Indian councillors appointed under the DAP quota were strangers to DAP," said Makkal Sakti group spokesperson MN Anbalagan. Another Makkal Sakti supporter, R Kumaran, said he learnt that the decision to appoint NGO councillors was made without consulting the party state committee and general members. "There is a saying that `loyalty pays.' "But it seems staunch Indian DAP grassroots leaders and members are irrelevant today," he said.

IBA's letter to the Malaysian Prime Minister on ISA detainees

IBA's letter to the Malaysian Prime Minister on ISA detainees

Saturday, 19 April 2008 11:47am

Dear Prime Minister Abdullah Ahmad Badawi, Re: Concern over detention of five men under the Internal Security Act (ISA) in Malaysia We are writing on behalf of the International Bar Association Human Rights Institute (IBAHRI) to express our concern about the detention of five lawyers under the Internal Security Act (ISA) in Malaysia. In its role as a dual membership organisation, comprising 30,000 individual lawyers and over 195 Bar Associations and Law Societies, the IBA influences the development of international law reform and shapes the future of the legal profession. Its Member Organisations cover all continents. The Human Rights Institute works across the association, helping to promote, protect and enforce human rights under a just rule of law, and to preserve the independence of the judiciary and the legal profession worldwide. We understand that P. Uthayakumar, M. Manoharan, V. Ganabatirau, R. Kenghadharan, and T. Vasanthakumar, reportedly the leaders and legal advisors of Malaysia’s Hindu Rights Action Force (HINDRAF), were detained on 13 December 2007 under a detention order issued by the Minister of Home Affairs. We understand that these men were detained following a peaceful HINDRAF demonstration on 25 November 2007 protesting discriminatory government policies against the ethnic Indian population in Malaysia. Reports indicate that the charges against the five men include undermining national security and public order by threatening racial and religious harmony amongst Malaysia’s Malay, Indian and Chinese communities. The IBAHRI has also learnt that on 26 February 2008, a habeas corpus application filed on behalf of the detainees was rejected by the Kuala Lumpur High Court Judicial Commissioner Zainal Azman Ab Aziz, thus confirming that the detention order was valid under the law. However, reports received by the IBAHRI suggest that the charges brought against the five detained men under the ISA, namely breaching national security and public order, may not be based in fact and do not reflect the alleged actions of the five men. Therefore, the IBAHRI is concerned that their detention under the ISA may be arbitrary and unlawful. Furthermore, we understand that the five detainees have been linked without evidence to a terrorist organisation and we are concerned that the use of the Act in this way could indicate an abuse of process. In addition to our specific concerns about the application of the ISA as it relates to the five arrests detailed above, we would also like to highlight a number of broader issues relating to the Act and its application in the context of peaceful demonstrations in Malaysia. We understand that the Act gives power to the Minister of Home Affairs to issue detention orders against any member of civil society. Furthermore, detainees can be held up to 60 days without warrant, trial or access to legal counsel on suspicion that they have ‘acted or are about to act or are likely to act in any manner prejudicial to the security of Malaysia or any part thereof or to maintenance of essential services therein or to the economic life thereof’. Further, we understand that after 60 days, the Minister of Home Affairs can extend the period of detention without trial for up to two years, without submitting any evidence for review by the courts, by issuing a detention order, which is renewable indefinitely. The ISA therefore establishes the conditions for long term and arbitrary detention without trial and contravenes the right to legal counsel, the right to defend oneself in an open court and the right to be presumed innocent until proven guilty; principles which are protected and guaranteed under international law. The IBAHRI would also like to point out that the prohibition of unlawful detention and the right to habeas corpus are recognised as key principles of customary international law and are therefore applicable to all states, even those that have yet to sign any international human rights treaties. In this context, the IBAHRI would like to remind you that Malaysia is a founding member of the Association of South Asian Nations (ASEAN). Under the ASEAN Charter signed by Malaysia in 2007, and as a member of the United Nations Human Rights Council, Malaysia is required to ‘promote and protect’ human rights. Malaysia’s Constitution also contains a number of human rights provisions including the right to freedom of expression, the right to free assembly and the right to form associations (Article 10). We would also like to remind you of the United Nations Basic Principles on the Role of Lawyers which provides standards by which lawyers worldwide should be treated. Principle 23 upholds that ‘lawyers like other citizens are entitled to freedom of expression, belief and association and assembly’. Further, Principle 18 states that ‘lawyers shall not be identified with their client or their clients’ causes as a result of discharging their functions’. The IBAHRI is concerned that the detention of the five lawyers under the ISA may be in breach of the above provisions. Finally, the IBAHRI has received reports that the health of the detainees has deteriorated during the course of their detention and that urgent medical attention may be required. In particular, reports have been received suggesting that P. Uthayakumar has been denied diabetes medication essential for regulating his condition and maintaining his health. Article 22 of the UN Standard Minimum Rules for the Treatment of Prisoners stipulates that ‘sick prisoners who require specialist treatment shall be transferred to specialised institutions or to civil hospitals. Where hospital facilities are provided in an institution, their equipment, furnishings and pharmaceutical supplies shall be proper for the medical care and treatment of sick prisoners, and there shall be a staff of suitable trained officers’. We request that urgent medical attention should be made immediately available to all detainees if required. The IBAHRI would like to receive your assurances that the issues raised above relating to what might constitute unlawful detention of the five men be promptly investigated and that, if the detention is found to be arbitrary, the detainees be immediately released. Furthermore, in light of the concerns relating to the broader application of the ISA as detailed above, we call upon the Malaysian Government to bring to trial all those currently detained under the Act. All those charged must be tried in accordance with international standards and, if not found guilty of any criminal offence, promptly released. We further request that urgent medical attention is provided to P. Uthayakumar and to all other detainees who may require it. Yours sincerely, Ambassador Emilio Cárdenas Co-Chair, Human Rights Institute Justice Richard J. Goldstone Co-Chair, Human Rights Institute CC: Tan Sri Abu Talib Othman Chairman, Human Rights Commission of Malaysia

Another reason for RELA to be abolished...

2008/04/18 (NST)

Spotlight: Indian nationals' holiday trip that turned into a nightmare

By : Suganthi Suparmaniam

Indian nationals (from left) P. Murugesan, Sheikh Rajendran and K. Meenakshi with the police reports they lodged over their arrest by Rela and Immigration officers even though they claimed they had valid travel papers.

KUALA LUMPUR: All that they wanted to do was to see what Malaysia is all about.

Instead, the three Indian nationals on their first visit to Malaysia, ended up being arrested and detained at the Semenyih camp for 18 days despite having valid travel documents, they said.

Farmer K. Meenakshi, 52, tailor Sheikh Rajendran, 40, and carpenter P. Murugesan, 24, had been saving up for a long time to visit Malaysia, a country that they had heard so much about from friends who had been here.

All three were at the Selangor Mansion block of flats in Jalan Masjid India when Rela conducted a raid on March 15.

"I was sleeping in a room when they came at 1.30am. I had a copy of the passport in my pocket and showed it to them. I kept telling them that the original was inside my bag which was in the same room. But they did not understand me," Meenakshi told the New Straits Times.
Sheikh was together with him in the room when he was also arrested.

Murugesan said he had just finished eating and had gone downstairs to throw away the paper used to pack food when he was stopped by a Rela member.

"I told him my passport was upstairs but he refused to let me get it or come with me to take it. He told me to wait with others and later took us to the camp in a lorry," said Murugesan.

They spent 18 days in the Semenyih camp which they described as the worst place that they had ever been.

"The conditions in the camp were bad. The food was terrible and I was so afraid to eat. I spent days not touching the food at all. It was not fit for human consumption," said Sheikh.

They were "rescued" when a Malaysian businessman, T. Kamalanathan, came to the camp and negotiated for their release.

"I was at my shop when a few Indian nationals approached me and told me to help bring out their friends from the camp," Kamalanathan said.

He added that the Indian nationals should have been produced in court within 24 hours or even after the 14 days' remand. He claimed that the Immigration officers had also been unhelpful.

A bigger shock awaited the three men when they went back to the apartment on April 3 and found their belongings missing.

"I had about RM2,500 inside the bag. The money and my return flight ticket were also missing," said Meenakshi, adding that the other two also lost their money and belongings.

Sheikh said his friends found his torn passport in a nearby dustbin.

Text of the Malaysian Bar President Bar's speech....

"....In this process of positive change, we have not forgotten, and we believe, credit should be given to you, Mr. Prime Minister that since 2004, it was you who loosened the tight grip on our fundamental freedoms, you who created more democratic space and you who encouraged dialogue and difference of opinion. It is only in such an environment that a nation can come of age and grow in strength...." - Ambiga Sreenevasan, Malaysian Bar President I really do not know where the President of the Malaysian Bar has been hyanging out - - for she has forgotten the suppression of public protest have become worst during Abdullah's premiership when they started using 'tear gas' - before it was just the water-cannons. - the arrest and detention of 4 lawyers and 1 other, associated with HINDRAF, under the ISA , with an immediate issuance of detention order by Abdullah Ahmad Badawi, even without waiting for the 60-day period of investigation. - the breaking down of numerous temples, places of worship.. - the rejection of the Bar Council's application to have their customary Human Rights Day march.. - the banning of the daily in Tamil language - the "Makkal Osai" - the action being currently taken against the Pakatan Rakyat leaders over the holding of their function in Kampung Baru.. - the media "black-outs" or 'minimal coverage' of even fuel-hike and price-hike protests by the RAKYAT - the agreement to set up the IPCMC and this we do not even have that commission. (The government had the audacity of rejecting the recommendation of 2 Royal Commissions, the Bar and civil society by coming out by trying to come out with some other body who will NOT be able to fulfil the reason for the IPCMC) - and recently again the issuance of further 2-year detention orders to some arrested under the ISA for 6 years... - the refusal to even disclose information about executions about to be done, being done, etc... - the renewed suppression of people of other faiths using the word "ALLAH" - the seizing of religious books of faiths other than Islam that contain caricatures/drawing/images of the prophet other that prophet Muhammad and the list goes on and on... HENCE - no credit should be given to this Prime Minister - whose disappointing performance was clearly reflected in the outcome of the recent General Elections.. And that is why, I ask where the Bar President have been -- for her to openly and publicly credit this PM.. After the event...I hope that this PM has again made some new promises -- but judging from his past record, I would not be out there celebrating anything yet until I see something concrete ... Ambiga Sreenevasan is a good person BUT she must be more cautious not to be seen to be giving credit where credit is not due --- Text of the Malaysian Bar President Bar's speech at that Dinner funded by the government, hosted jointly by the Bar Council and the Malaysian Government

Contributed by Ambiga Sreenevasan

Friday, 18 April 2008 09:45am

1. In 1988, when Tan Sri Wan Hamzah, Tan Sri Azmi and the late Tan Sri Eusoffe Abdoolcader were suspended and Tun Salleh, the late Tan Sri Wan Suleiman and Dato’ George Seah were dismissed, it seemed as if a seismic shift had broken the equilibrium of power between the Executive and the Judiciary. The removal of three of the most senior Judges of the High Court left us with the sense that the Judiciary had been bent to the will of the Executive. 2. To the Bar, these Judges who had been removed are heroes in the battle to uphold the dignity, integrity and independence of the judiciary. Heroes who paid a heavy price. 3. But there ought never to have been a battle. There ought never to have been a price to pay. We had a Judiciary that was painstakingly nurtured and developed by all those that came before. For the first time these Honourable Judges faced the challenge of their lives. And they lived up to that challenge. I am reminded of a saying, “It is the hour of trial that makes men great, not the hour of triumph.” 4. In 1988, the Bar recognised the greatness of what these Judges did by numerous Resolutions and other declarations of admiration. Now, 20 years later, we hope for due recognition of their brave acts by the nation, so that the public conscience may be assuaged by the righting of a wrong. 5. It is therefore only proper that on your behalf, I acknowledge these judges who withstood their hour of trial with fortitude and dignity. In that battle, they are the victors - Tun Salleh, Dato’ George Seah, Tan Sri Wan Hamzah, Tan Sri Azmi, Tan Sri Wan Sulaiman and Tan Sri Eusoffe Abdoolcader. 6. We are pleased to acknowledge the presence of Tun Salleh and his family, the family of Tan Sri Wan Sulaiman and Tan Sri Eusoffe, Tan Sri Azmi. Unfortunately Tan Sri Wan Hamzah was unable to be present. 7. The highlight of tonight’s dinner is the Keynote Address by the Prime Minister entitled “Delivering Justice, Renewing Trust”. Such a speech to be delivered in the presence of these judges has much meaning. The promise of judicial reform ushers in a new era for the administration of justice. These moves are in step with the worldwide shift towards strengthening institutions and in particular the critical institution of the Judiciary. They are in step with the greater call for transparency and accountability. Most of all, they are in step with the wishes and aspirations of the people of Malaysia. 8. In this process of positive change, we have not forgotten, and we believe, credit should be given to you, Mr. Prime Minister that since 2004, it was you who loosened the tight grip on our fundamental freedoms, you who created more democratic space and you who encouraged dialogue and difference of opinion. It is only in such an environment that a nation can come of age and grow in strength. That credit is yours. We have also not forgotten that last year at the Malaysian Law Conference you promised to meet us, the Bar and you kept your promise when you indeed met us subsequently to address our concerns. Now you and your administration are being responsive to the views of the people, and demonstrating the resolve, courage and vision to bring in much needed reform in the administration of justice. All this augurs well for a Malaysia that is poised to take its rightful place amongst the developed and functioning democracies of this world. 9. In this connection we are pleased that one of our members has been appointed a Cabinet Minister in charge of legal matters namely Datuk Zaid Ibrahim who has stepped up to the plate in the national interests. He has wasted no time in moving forward the promised changes. We say to him that so far, we like what we are hearing from him. 10. The Judicial Appointments Commission may not attract universal acceptance. This is understandable and all concerns should be addressed. Recent events have taught us that the current system does not work, and is no longer acceptable to the Malaysian public. Those objecting to it must therefore suborn their fears of a new system to the larger interests of the nation. 11. The concept of consultation with the Bar in the judicial appointments process is not new. It existed before but was done on an informal basis. The role of the Bar was always given weight in this process as they were the views of the professionals who appeared before the courts on a daily basis. 12. The question of being beholden to any appointing authority, whether under the proposed Judicial Appointments Commission or the present system, does not arise as Judges know that they discharge their responsibilities impartially, independent of who the appointing authority is, guided only by their oath of office, and their conscience. 13. In this quest for reform, the legal profession must and will play its part. We continually endeavour to strengthen the profession from within to improve our standards and our professionalism. We will never shy away from criticism and are sensitive to the public’s views. 14. Another proposed reform is the restoration of Article 121(1) of the Federal Constitution to its original wording. The amendment in 1988 was seen by many as an attempt to negate the doctrine of separation of powers and to limit the jurisdiction and power of the Judiciary. We welcome the proposal to restore the original wording of Article 121(1). It will be an expression of the Legislature’s and the Executive’s understanding that judicial power vests, and must vest, in the Judiciary. 15. We are delighted to have with us tonight the leader of Pakatan Rakyat Yang Berhormat Datin Seri Wan Azizah Wan Ismail, leaders of the Barisan Nasional component parties and leaders of the Pakatan Rakyat component parties as well as so many civil society groups, all of whom are here at short notice. This demonstrates that we are a nation united when there is a move towards positive change in the public interest, a move towards correcting an injustice and when we do something simply because it is the right thing to do. 16. We have other issues of course that we would like to engage your administration on Mr. Prime Minister. One of them is that of the ISA detainees, and here we appeal to you, Mr. Prime Minister, to please look at their cases again, and revisit the decision made. We hope Dato’ Seri will be open to discussing this issue further with us. 17. I conclude by saying that the time for change is now. Evidently, you see that Mr. Prime Minister. The Bar supports this move. In any event, we would like to see our Minister in charge of law kept busy. Ladies and gentlemen, have a pleasant evening.

PM's "Judicial Reform' speech -17/4/2008

Abdullah Ahmad Badawi is just doing the same thing all over again - making promises and this time about the Judiciary. Remember that 'Police Misconduct Commission" which he said he will implement -- we are still waiting. Ah yes - then there was that statement about moving against corruption, and we had Vincent Tan (an old businessman) and one Senator who was charged -- and what really happened...

So now he says... "... that the Government is proposing the setting up of a Judicial Appointments Commission to identify and recommend candidates for the judiciary to the Prime Minister...", and I say WHEN.....and how. Maybe several years down the road, we will still be wondering about when this would come about..

Then, he said that he "....will initiate a review of the judiciary’s terms of service and remuneration...", and this I believe they have been doing and will do. -- Nothing NEW here.

And then we have the 1988 Judicial Crisis - and there was NO APOLOGY - only that "...In recognition of the contributions of the six outstanding judges, the Government has decided to make goodwill ex gratia payments to them...." Again no mention of any sum... and totally inadequate...

It would have been better if the PM said that these judges (or their living spouses) will be paid pensions from now on , and that they will receive in lump-sum all pension payments that they should have been receiving since their removal until this date. This would have been so much more better - and would amount to an unspoken apology - an unspoken admission that their removal was wrong....BUT NO...

And again, we may have been conned by this "MR CLEAN" PM --- and somehow the results of the General Elections has not conveyed the message to this PM..

And now, when there is call for his removal from within his own party - and also a certain amount of dissatisfaction amongst the component BN parties, to whom he is still showing little respect... (MIC, MCA and GERAKAN have openly called for the HINDRAF 5 but this PM is not even listening to them ...let alone releasing the HINDRAF 5)

Has Badawi changed? NO - he has not. Was not "Makkal Osai'', the Tamil daily with the 2nd highest circulation been banned...

We will not be taken for a RIDE again by this PM, who should be on the way out himself or with that BN government...

Full text of speech by Prime Minister Datuk Seri Abdullah Ahmad Badawi delivered at the Malaysian Bar Council dinner at the JW Marriott Hotel, Kuala Lumpur.

Esteemed friends and colleagues
Ladies and gentlemen

A very good evening to all of you. It is an honour and a pleasure for me to be here tonight. I would like to thank the Bar Council for giving me the privilege of addressing this illustrious gathering. This is my first opportunity to speak directly to the legal community and related members of civil society since the recent General Election. As such, it is an important occasion and I thank you for taking time out from your busy schedules to be here tonight.

This occasion is particularly meaningful to all of us because of the presence of a few special guests. It is heartening to see in this gathering Tun Salleh Abas, Tan Sri Azmi Kamaruddin and Dato George Seah. Tan Sri Wan Hamzah had wanted to join us tonight but was not able to.

Sadly, Tan Sri Eusoffe Abdolcadeer and Tan Sri Wan Suleiman are no longer with us. But they are represented by their respective families: representing Tan Sri Wan Suleiman are Puan Sri Siti Nurhayati and his son Wan Noor Azli; representing Tan Sri Eusoffe are his granddaughter Brenda Lim and her husband.

For me and for many other Malaysians, these towering judicial personalities represent a very different era for the nations judiciary. Many felt that the judiciary then was a venerable institution which could be trusted to deliver justice. Some even hailed Malaysia’s judiciary as a model for other countries independent and credible.

This level of trust and respect for the judiciary, we must all admit, is simply not as strong as it was before. Although efforts are being made now by the present Chief Judge, still there are concerns related to capacity and efficiency, stemming from long case backlogs, delays and the outdated manner of court administration. There are concerns which are less tangible but are nonetheless prevalent such as perceived corruption and perceived decline in quality. The business community, in particular, have voiced concerns about the fairness and capacity of Malaysia’s judiciary in settling disputes. This has directly affected perceptions of our country’s economic competitiveness.

No nation can call itself fair and just without an efficient and trusted judiciary. By trusted, I mean a judiciary that delivers justice and is seen to deliver justice. In Malaysia’s case, debates and arguments on the state of our judiciary have been heated and protracted. Some of the Malay Rulers have openly voiced their disquiet on what they see as a decline, requiring nothing short of a judicial renaissance. Some retired judges have related troubling tales of impropriety. Politicians on both sides of the aisle have called for reform of this most august institution. Even the Bar Council, true to form, has marched en masse outside my office.

To a large extent, the events of 1988 have fuelled much of the disagreement on how to move on. When I took office in 2003, I promised a credible, effective and independent judiciary. I recommended judicial appointments in consultation with the senior judges before bringing the names to DYMM Seri Paduka Baginda Yang Di Pertuan Agong as required by the Federal Constitution. I pledged material and fiscal support for the judicial service in order to reduce the backlog of cases. I even took a political leap of faith by appointing an outspoken maverick as my new de facto Law Minister. I can say with a clear conscience that I abided and will continue to abide by the principle of separation of powers, leaving the matter of justice to the judiciary. And yet the legacy of 1988 haunts us until today.

Ladies and gentlemen,

Let us move on. The judiciary must be revitalised to enable it to serve the people in pursuit of justice. The judiciary must be fortified to be an institution that serves the democratic principle of separation of powers. The judiciary must be the guardian of the Constitution and the sentinel of the people’s rights.

This government gives its commitment to the Malaysian public that it will begin a process of judicial reform. We recognise that this process must be undertaken with the spirit and belief that no one, not even those entrusted to govern or to make laws, must assume to be above the law. This government continues to guard against abuse of its power, and is now proposing measures to further solidify and entrench the doctrines of good governance and the rule of law.

Ladies and Gentlemen,
As a result of many events, which culminated in the inquiry undertaken by the Royal Commission into the so-called V.K. Lingam Tape, I am aware that the public considers the present way of appointing and promoting judges as inadequate. The absence of a system in nominating candidates has led some to believe that the process is characterised by abuse, even where there is none. As is often the case, perception can lead reality.

On the other hand, some may argue that the present system does not require improvement if people in the system are inherently honest and fair. The same system has produced its share of outstanding judges after all.

I do not dispute this, but the fact is, we can no longer leave such an important institution to hope and chance. The system must have built-in safeguards to prevent potential abuse and it must have a process that will convincingly identify the best legal minds in the country to join the judiciary. This is a necessary part of ensuring that our nation’s judiciary is robust and trusted by the people.

Moreover, the demands on the judiciary today are greater than ever before. An increasing number of cases are being brought before the courts. There is a growing body of law particularly in relation to specialised areas such as Corporate Law, Information Technology, Maritime Law and Islamic Finance. With these pressures comes the need for expert and speedy decision-making.

Therefore, the Government proposes a change to make the process of nominating, appointing and promoting judges more transparent and representative.

I am pleased to announce to you tonight that the Government is proposing the setting up of a Judicial Appointments Commission to identify and recommend candidates for the judiciary to the Prime Minister. While the constitutional prerogative of the Prime Minister to put forward names to DYMM Seri Paduka Baginda Yang Di Pertuan Agong will remain, the Commission will help to evaluate and vet candidates in a systematic and credible manner for the Prime Minister, based on clearly defined criteria.

The process to bring about this change will begin now and I assure all of you here today, that consultation on the workings and the structure of the Commission will involve primary stakeholders. All will have a chance to provide their input to the Government.

In addition, the Government will initiate a review of the judiciary’s terms of service and remuneration. There is a pressing need to set salaries and compensation to the right levels to ensure that the bench can attract and retain the very best of the nation’s talent. This, and other measures which will be announced in due course, will form a comprehensive package of reform to strengthen the capacity and credibility of the judiciary.

Ladies and Gentlemen,

For many, the events of 1988 were an upheaval of the nation’s judicial system. Rightly or wrongly, many disputed both the legality and morality of the related proceedings. For me, personally, I feel it was a time of crisis from which the nation never fully recovered.

Again, ladies and gentlemen, let us move on. I do not think it wise or helpful to revisit past decisions as it would only serve to prolong the sense of crisis, something our nation can do without. The rakyat wants movement and progress, not continuing strife.

Therefore, the Government would like to recognise the contributions of these six judges to the nation, their commitment towards upholding justice and to acknowledge the pain and loss they have endured. For Tan Sri Eusoffe and Tan Sri Wan Suleiman and their families, I know this sentiment is made too late. For Tun Salleh Abas, Tan Sri Azmi Kamaruddin, Tan Sri Wan Hamzah and Dato George Seah, although this acknowledgement is 20 years too late, it is made with much hope that a measure of the pain and loss may yet be healed.

In recognition of the contributions of the six outstanding judges, the Government has decided to make goodwill ex gratia payments to them. Gentlemen, I do not presume to equate your contributions, pain and loss with mere currency, but I hope that you could accept this as a heartfelt and sincere gesture to mend what has been.

Ladies and gentlemen,

There is still much to do to renew the publics trust in the nations judiciary and to ensure that justice is consistently delivered. What I have announced here tonight is a beginning of a longer process towards reform. I humbly seek your support for these measures because the need for reform may not be entirely clear to all.

The government has set the ball rolling. We have put forward initial, but vital, steps. Now it is for all parties concerned - the judiciary, the Bar, civil society and the public at large - to also play their respective roles in facilitating these reforms. Whatever our differences, we share the same idealism for our nations judiciary. Let us work through our differences.

With this, it is my sincere hope that we may begin a new chapter for the Malaysian judiciary. It is my hope that this becomes part of a bigger process to further strengthen our democratic institutions, step-by-step resolving intractable problems that have stood in the way of genuine nation-building. Let us write this proud and new chapter together.

Thank you.

Malaysian "Illegal migrants workers" detained in WA

Illegal migrants workers detained in WA

April 11, 2008 - 10:23AM

Immigration officers have picked up 16 illegal migrant horticultural workers in Western Australia and South Australia.

In a joint operation with WA police, immigration compliance officers arrested nine men and two women from Malaysia and China near the Margaret River in the state's south-west on Thursday.

They had been allegedly working illegally in the region's horticultural industry.

In South Australia, four Malaysians and one South Korean woman were picked up for also allegedly working illegally in the horticultural industry north of the city.

Immigration Minister Chris Evans said all 16 people had originally arrived in Australia legally with valid visas.

They had either overstayed their visas or entered Australia on non-work visas, a spokesman for the minister said.

They are currently being held in immigration detention while arrangements are made for their deportation from Australia.

Senator Evans on Friday warned businesses against employing illegal workers.

"It is the responsibility of employers to ensure they only hire people with the right to work in Australia," Senator Evans said in a statement.

"Severe penalties can apply to people who hire workers who do not have work rights here."

Employers face fines of up to $13,200 and two years imprisonment while companies face fines of up to $66,000 per illegal worker.

JUDICIAL REFORMS mmm..., we shall see Mr PM

What are the "judicial reforms" that the PM will reveal? (oops ... how did the Media know about it and what those reforms would be before that)? COMMISSION for the selection, elevation, transfer of Judges SEPARATION of Judicial and Legal Services Commission INCREASE in the number of judges and courts. [The Malaysian ratio is 2.4 judges to a million people - a far cry from the ratio in India (10.5), Australia (57.1), Britain (50.1) and Canada (75).] EXPEDITING the 13,880 remand cases or 34.2% of the total number of prisoners in the country. (Star, 22/11/2007) Bringing back the court stenographers, as this will expedite the speed at which cases move. Now the Judge has to record down everything said - and this takes time... And of course, amending the FEDERAL CONSTITUTION to remove the amendments introduced around the 1988 period -- including Art. 121,.. OR WILL IT JUST BE THAT THE PM WILL SAY THAT WE REGRET WHAT WAS DONE TO SALLEH ABAS AND THE JUDGES, AND THE MALAYSIAN JUDICIARY BY THE GOVERNMENT UNDER THE PREMIERSHIP OF MAHATHIR M... Everyone knows that the most vocal critic in the past months have been good old Dr Mahathir - so is this 'judicial reforms', the '1988 Judicial Crisis',...that 'Lingam Tape' matter...etc all just a way for the present PM and his people to try to distract all of us from themselves, the current BN government, etc --- ? We will not be made 'distractions', or be distracted by our present PM and this government. We are not going to forget about TODAY as our attention is again taken to YESTERDAY and the former PM. And Mr PM, we do not want some nice sounding non-binding speech about all them "Judicial Reforms" - we want it to be REAL and BINDING...now...not in 5 years time...not in 10 years... Abdullah to unveil judicial reforms today

Thursday, 17 April 2008 06:41am

©The Straits Times, Singapore by Leslie Lopez, South-east Asia Correspondent • Judicial Commission to appoint judges • Greater independence for the judiciary • Financial compensation to sacked judges • Expression of regret by PM Abdullah FIGHTING back stiff opposition from his own Cabinet and administration, Prime Minister Abdullah Ahmad Badawi is set to unveil major reforms to the country's much-maligned judiciary. The reforms will include the setting up of a Judicial Commission that will be responsible for the selection and the promotion of judges. It will also feature changes to the Federal Constitution that will restore greater independence to the judiciary, senior government officials and lawyers said. The reform agenda, which will be announced at a special dinner hosted jointly by the government and the country's Bar Council tonight, will also see Datuk Seri Abdullah make an expression of regret over the 1988 judicial saga that led to the sacking of the country's top judge. The government's effort to make amends to the jurists disgraced by the events in 1988 will also include some form of financial compensation, one senior government official involved in the judicial reform plan told The Straits Times on condition of anonymity. 'The amounts are being worked out,' he said without elaborating. Malaysia's once-robust judiciary was dealt a severe blow when it clashed with former premier Mahathir Mohamad in the late 1980s. That face-off led to the suspension of six Supreme Court judges and the subsequent removal of three of them, including the head of the judiciary at the time, Tun Salleh Abas. The sackings damaged the integrity of the judiciary, which came under fresh attack again 10 years later during the controversial corruption trials of former deputy premier Anwar Ibrahim. Shortly after taking office in November 2003, Datuk Seri Abdullah declared that he would push for reforms in the judiciary. But those efforts were often stymied by his own Cabinet colleagues, who served under Tun Dr Mahathir and were not keen on reforms that could embarrass the former premier, senior government officials and lawyers say. Even the Prime Minister's move to establish a Royal Commission late last year to investigate a damning video-recording that implicated a prominent lawyer allegedly attempting to broker the promotion of judges was privately criticised by senior members of his own ruling United Malays National Organisation Party. But last month's stunning election results, which saw the ruling Barisan Nasional lose its two-thirds majority and control of five states, changed everything, close aides of Datuk Seri Abdullah say. The Prime Minister signalled that judicial reform was his key priority when he appointed prominent lawyer Datuk Zaid Ibrahim to his new Cabinet to push his agenda. Lawyers and government officials credit Datuk Zaid for convincing the government to bring closure to the controversial events in 1988 and to establish a more transparent system of selecting and promoting judges. Under the current practice, the country's Chief Judge recommends candidates to the Prime Minister and in the case of senior judicial appointments, the Chief Judge's recommendation must by approved by the Conference of Rulers. But Datuk Zaid had to fight hard during Cabinet meetings, say senior government officials. There is also some unease among senior judges over Datuk Seri Abdullah's efforts. Still, lawyers say that tonight's event could boost his battered public standing. Sources say that the Prime Minister insisted that the six judges who were disgraced by the events in 1988 be present at the dinner where he will deliver a short address titled Delivering Justice, Renewing Trust. Government officials say that former chief judge Tun Salleh Abas, his three other colleagues in the Supreme Court at the time - Datuk George Seah, Tan Sri Azmi Kamaruddin and Tan Sri Wan Hamzah - have confirmed their attendance. The two other Supreme Court jurists - the late Tan Sri Wan Sulaiman and the late Tan Sri Eusoffe Abdoolcader - will be represented by their families, the government officials say. Bar Council sources say that opposition leader Datin Seri Wan Azizah Wan Ibrahim, who is Datuk Seri Anwar's wife, and Mr Lim Kit Siang of the Democratic Action Party, will also attend tonight's event. 'We hope this will bring closure to the 1988 judicial crisis,' said a senior government official involved in the judicial reform plan. But to some Malaysians it may not be enough. 'An apology or expression of regret would be sweeping everything that happened 20 years ago under the carpet,' said Datuk V. C. George, a former Court of Appeal jurist. 'We need an investigation into the events of 1988 and to expose the conspiracy and its conspirators.' TIME TO SHOW LEADERSHIP 'There are more important things than private peeves and settling scores. Neither the brewing crisis over soaring food prices nor other major issues are going to wait for Umno to put its own house in order. Now is the time for the grand old party to move on, do the things its leaders have promised and show that it still has what it takes to lead the nation.' MALAYSIA'S NEW STRAITS TIMES in a front-page editorial yesterday Mahathir versus the judges THE 1988 Malaysian constitutional crisis began with a divisive Umno election the year before and ended with the suspension and the eventual removal of the Lord President of the Supreme Court, Tun Salleh Abas, from his seat. The Supreme Court in the years leading up to 1988 had issued several rulings that irritated the government of then premier Mahathir Mohamad (left), who had narrowly won re-election as Umno president in the bitterly fought poll. Among other things, a judge had declared Umno 'an unlawful society' in a case brought by disgruntled losing party members. The last straw for Tun Dr Mahathir came when the Supreme Court ordered the release of prominent opposition leader Karpal Singh from detention under the Internal Security Act. The premier submitted several constitutional amendments to Parliament, divesting the courts of the 'judicial power of the Federation' and giving them only such powers as Parliament might grant them. He also lambasted the judiciary for their interference. Tun Salleh convened a meeting of all 20 judges from the Supreme and High Courts in Kuala Lumpur where they agreed not to publicly reply to Tun Dr Mahathir's criticisms. Instead, they wrote a confidential letter to the King and the Malay rulers, expressing their grievances. The Lord President was subsequently hauled before a tribunal convened by the premier on the grounds of misconduct. Five judges of the Supreme Court who granted him a temporary order against the tribunal were also suspended. The crisis ended with the sacking of Tun Salleh along with two of the five judges.

ALIRAN reiterates call for ABOLITION of RELA

Violence against refugees continues

Friday, 11 April 2008

Aliran would like to bring to public attention the continuing violence perpetrated against migrants and refugees in this country. It is amazing that the public at large is still ignorant of all this human rights violation happening right under our noses. Moreover, most of the Malaysian public remain ignorant of who refugees are or why they are here. The cause of this ignorance is probably brought about by limited information and the negative views promoted by the mainstream news dailies and broadcast media, which is still under the complete control of the ruling Barisan Nasional government. In our view, negative publicity that incites violence against any group of human beings by any party is unjust and by its nature, criminal, especially when the victims of such violence are defenceless and have not harmed anyone. What have the on-going violent crackdowns by Rela gained for Malaysian society? It has obviously done nothing for Malaysia except to give us a bad image internationally as a cruel and heartless nation. Have refugees from other countries undergoing internal political upheaval or conflict stopped coming here or has there been a reduction in numbers? No. It is in fact difficult to keep accurate count of these numbers. Even the UN refugee agency in Malaysia cannot be completely certain that statistics do not change everyday. Refugee communities have repeatedly sent out press releases to non-governmental organisations to appeal for a stop to the arrest and detention of their community members, including pregnant women, mothers with babies, small children and minors. They have often described the cruel and inhuman treatment they experience at the hands of Rela and the abuse perpetrated in immigration detention centres. This abuse ranges from being beaten up, sexually abused, raped and financially extorted, to the whipping of minors. Such acts, if committed by any other Malaysian citizen, would be seen as criminal. Yet when they are committed by those in authority - through the so-called ‘security forces’ like Rela - against helpless migrants and refugees, they very often go unnoticed and unpunished. The current Home Affairs Minister, Syed Hamid Albar, has not publicly taken a stand on this issue. Instead, the raids on these defenceless refugee communities have been stepped up, affecting even those officially recognised by the United Nations High Commissioner for Refugees and who have UNHCR documents to prove their status. The issue of refugees is not a new one. It has in fact been an issue for over 30 years since the Vietnam War in the 1970s. Since then, other countries in the region have been gripped by turmoil and hardship, but few Malaysians are aware of the long-standing suffering in these countries. Do we think this does not affect us? The excuse by the Government that treating refugees humanely is a ‘pull-factor’ for more to arrive on our shores is a fallacy. Neither ill-treatment nor deportation has served to stop the influx of migrants, whether documented or undocumented. The fundamental problem is the lack of a proper corruption- free immigration control system and clear- cut policies for different categories of migrants. The non-recognition of refugees and the lack of empathy for their plight have tarnished our image. The use of Rela only puts migrants and refugees as well as sections of the Malaysian public in fear because of the indiscriminate raids often carried out in the middle of the night. Rela seems to be acting with impunity and getting away with acts of violence against migrants and refugees. This makes Malaysian society appear inhuman as it appears to overlook such gratuitous violence. The recent denial of a two-thirds majority for the BN and the victories of the opposition Pakatan Rakyat in five states have shown us that we can bring about changes for the betterment of the country, if we want to. Similarly, the rakyat can put pressure for the new Parliament to address the issue of migrants and refugees more seriously and to come up with more comprehensive and humane immigration policies, which would include the recognition of refugees by immigration authorities in this country. Aliran also urges the rakyat to support calls for the federal government to ratify the 1951 UN Refugee Convention and other international human rights conventions. The public is also reminded that Malaysia is an elected member of the UN Human Rights Council and should live up to this role in the international community, instead of embarrassing us by being a notorious perpetrator of human rights violations. Aliran again reiterates its support for calls by other civil society groups, including the Bar Council and Suara Rakyat Malaysia, for the abolition of Rela. Aliran Executive Committee. 11 April 2008

Mum appeals to PM for Uthayakumar's transfer (NST)

(see also http://madpet06.blogspot.com/ - the Malaysians Against Death Penalty and Torture Blog also maintained by me which is covering this matter in greater depth.) Mum appeals to PM for Uthayakumar's transfer

Wednesday, 16 April 2008 09:38am

• Uthayakumar’s mum pleads for his release ©New Straits Times PUTRAJAYA: P. Uthayakumar's mother has appealed for her son to be admitted to the National Heart Institute (IJN) or a private hospital of her choice. K. Kalaivaniy, 64, claimed that Uthayakumar's health was deteriorating at the Kamunting detention centre. She said Uthayakumar, 46, a diabetic, was admitted to the Taiping Hospital in December for high blood sugar but was prematurely discharged despite high glucose levels. She also claimed prison authorities were deliberately ignoring her son's medical needs and this had worsened his condition. Saying she feared for his life and safety, she appealed to Prime Minister Datuk Seri Abdullah Ahmad Badawi to transfer her son to the IJN or a private hospital of her choice. She said she was willing to bear the cost of medical treatment as she did not wish to burden the authorities with unnecessary medical bills. Kalaivaniy was accompanied by 70 Hindu Rights Action Force supporters when she went to the Prime Minister's Department to hand over her letter. She also urged the prime minister to immediately release all five Hindraf leaders.

"SERVANT CULTURE" - something we must get rid off

"SERVANT CULTURE" - an interesting word, and it is not only with regard to the relationship between MCA/MIC and UMNO but also emerges within UMNO itself. UMNO Members also fear having a different opinion from those held by the leadership. They abandon their rights, their dignity, their 'self-worth' and their 'equality' and just follow the Boss." What the BOSS says is right?" Who are we...we are NOT the Boss... (Remember even the fearless Anwar Ibrahim was a victim of that culture, and that was why he sat there in cabinet and endorsed the actions of the government with regard the 1988 Judicial Crisis, the 1987 Operation Lallang Detention Without Trial exercise, etc...) This FEAR is sustained by the leadership by taking action ('disciplinary action') against members who express a different view...but things are changing within UMNO -- and it was seen in the Perlis MB selection, and later the Trengganu MB selection. It is seen in the recent OPEN PUBLIC calls by certain members for the PM to resign... This "servant culture" also exist at local community levels and it is race and/or class related...think about it... Is the "servant culture" a justification for SILENCE and/or INACTION in the face of INJUSTICE and VIOLATIONS OF HUMAN RIGHTS --- the answer is NO. We have to rid this "servant culture" from our lives at all levels... and remember that all persons are equal... Facing up to an inconvenient truth

Foong Wai Fong | Apr 9, 08 11:30am

analysis March 8, 2008 heralded a new beginning in Malaysian politics. To find out whether or not it will be a good beginning, we will have to wait to see the sincerity, vision and strategy of various political leaders. Analysis of the 12th general election results have revealed that the reasons why Barisan Nasional (BN) lost so heavily and the reasons why Pakatan Rakyat ( PR) won so unexpectedly are very different. BN lost because of its arrogance, complacency, internal strife and a perception of rampant corruption. The opposition, though, was amazingly unified in its approach. The parties worked hard on the ground, kept up focus on issues that pained the people; and used communication technologies to drive home their messages. BN will need time to accept its losses. Many in the component parties have yet to recover from the shock, while leaders are looking for scapegoats. The MCA is being forced to face a most inconvenient truth - that its relevance as a party serving Chinese interest is now open to question. It won only 15 of the 40 parliamentary seats and 31 of the 90 state seats that its candidates contested. In Penang, the biggest Chinese-populated state, MCA fell flat. In Selangor, Perak and Negri Sembilan, it suffered a tremendous setback. The party has relied on the strength of Umno’s Malay-based support to win votes - but with Umno itself losing ground this time around, MCA’s backbone collapsed. There is now groundswell of blame on Umno and its leadership. Calls are being heard for MCA to examine its raison d’etre. Former vice-president Dr Chua Soi Lek has asked: “What is the meaning of MCA’s continued existence?” I feel the question would be more appropriately phrased as: ‘What is the value of MCA’s continued existence?’ We can look at the question from two perspectives - that of Umno and the Chinese community. The question for Umno is: What is the value of MCA to BN if it can’t deliver Chinese votes? In the face of PAS’ and PKR’s aggressive stance in taking away Malay votes, Chinese votes have become even more pivotal in securing Umno’s position as the supreme political master. What value can MCA bring to Umno if its base of support has shifted? Moreover to MCA, Umno is losing power as the majority partner in BN and also needs to get back on its feet. In the Chinese community, meanwhile, some quarters feel that MCA has been long on promises and short on delivery. If non-Chinese based parties such as PAS and PKR can look after Chinese interests just as well, or even better, why would the community need MCA? Sometimes when an issue is positioned as a Chinese one, it may make matters worse. So why should the Chinese voters continue to vote for MCA or any other Chinese-based party? ‘Servant culture’ in MCA MCA’s predicament today is the result of decades of a ‘servant culture’ and its own role- confusion. The collective leadership seems to communicate the impression that the real boss is Umno and that the party represents the government, not Chinese interest. Some among the top leaders have unwisely allowed Umno to influence the settling of internal power arrangements, resulting in further loss of independence and self-esteem. The influence of MCA leaders in the cabinet and in government has been compromised, as seen in many cases of disrespect shown to MCA ministers over relevant issues over the past decades. If you think like a servant, you act like one. Your responses are conditioned to cues from your master, and you surrender independence and sovereignty. MCA leaders have put themselves in this regrettable position, and hence have been perceived as ineffective in the eyes of the Chinese community. Perception is everything in politics. Let’s examine some of the most frequently raised criticism and defences of the MCA, as circulating in the community. 1. Keep us in government so that we can serve you CA likes to remind the community to ‘treasure’ its ministers and representatives so that they can effectively safeguard Chinese interests in government; without MCA, it claims, there would be no Chinese voice. However, a high-profile MCA minister has admitted that the ministers are merely “Han officials in the Qing Dynasty” - meaning “our role at best can only be cosmetic, don’t expect real results”. The myth of MCA advancing Chinese interests through the government was debunked when the PR government in Perak agreed to grant permanent land titles to those holding Temporary Occupation Licences. MCA’s Ting Chew Peh (photo), a former housing and local government minister, openly expressed shock that the PR government achieved this in less than 50 days of taking office, when MCA has been part of government for 50 years! 2. Doing ‘side jobs’ Critics accuse MCA representatives of doing ‘side jobs’ instead of focusing on their main job of governing the country. The party appears to have given the impression that it has gotten its priorities backwards and that it is avoiding doing its main and real job. The community expects MCA to be a member of an effective government, formulating policies and implementing these effectively, speedily and efficiently. The government’s role is to serve and help the people and not to compete with them. MCA leaders have complained openly to the community that “we have done so much, but the Chinese don’t appreciate it”. There is a terrible gap in understanding here. To the community, the issue of appreciation - or lack thereof - does not arise. As a YB - Yang Berkhimat - its elected representatives are voted in to serve and deliver. If they fail to do so, then they should resign and make way for others. Period. Tomorrow: Who can lead MCA now? FOONG WAI FONG, a Malaysian based both in Shanghai and Kuala Lumpur, is founding director of Megatrends Asia and author of four best-selling books, ‘Megatrends Asia’ (with John Naistbitt), ‘The New Asian Way’, ‘Mr Prime Minister, We Have to Talk’ and ‘Culture is Good Business’. This article was first published in Malaysiakini’s Chinese edition.

URGENT APPEAL: Death penalty of three Malaysians in Singapore

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Forwarded Urgent Appeal: AHRC-FUA-003-2008

29 February 2008
------------------------------------------------------
SINGAPORE/MALAYSIA: Death penalty of three Malaysians in Singapore

ISSUES: Death Penalty
------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) wishes to forward an appeal received from Amnesty International regarding the death penalty of three Malaysians in Singapore. Please intervene in this case in order to save their lives and urge the relevant authorities in Singapore to join the international community for the moratorium on executions.

If you have further queries, please contact the Regional Campaign Assistants given below.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
---------------------------------------------------------------------

For queries, Lea Biason (Lea.Biason@amnesty.org) and Charlotte Chompff (Charlotte.Chompff@amnesty.org).

SINGAPORE

Hamir Hasim (m) aged 23, Malaysian national
Kamal Kupli (m) aged 24, Malaysian national
Abdul Malik Usman (m) aged 28, Malaysian national

Hamir Hasim, Kamal Kupli and Abdul Malik are at risk of imminent execution in Singapore. On 18 February their final appeal was rejected by the Court of Appeals. Amnesty International is calling for their death sentence to be commuted by the President.

On 1 March, 2007 all 3 men had been convicted of murder, which carries a mandatory death sentence in Singapore. Hamir Hasim, a gardener, and Kamal Kupli and Abdul Malik Usman, both cleaners, were found guilty of attacking and killing a man that they robbed in December 2005.

BACKGROUND INFORMATION

Singapore has one of the highest execution rates per capita in the world. There has been very little public debate about the death penalty in Singapore, partly as a result of tight government controls on the media. The UN Special Rapporteur on Extrajudicial, summary or arbitrary executions noted in a 2005 report that legal safeguards in Singapore do not meet international human rights standards. Echoing the concerns of many lawyers and activists, he argued that the mandatory penalty denies the judiciary the necessary discretion to sentence people fairly and appropriately.

Amnesty International opposes the death penalty in all cases, and supports the global trend away from the use of the death penalty, powerfully expressed in the UN General Assembly’s resolution calling for a worldwide moratorium on executions on 18 December 2007.

Amnesty International recognizes the need of governments to address serious crime, including murder, but notes that there is no clear evidence that the death penalty deters crime any more effectively than other forms of punishment. Today 135 countries have abolished the death penalty in law or practice.

RECOMMENDED ACTION: Please rush personally-worded appeals

- urging the President to commute the death sentences of Hamir Hasim, Kamal Kupli and Abdul Malik Usman immediately;

- expressing concern that the death penalty is mandatory for murder in Singapore, and calling on the authorities to take steps to adopt a moratorium on executions, with a view to restricting the scope of the death penalty and ultimately abolishing the death penalty, as called for in the resolution passed by the United Nations General Assembly in December 2007.

APPEALS TO:

President Sellapan Rama Nathan
Office of the President of the Republic of Singapore
Orchard Road
Singapore 238823
Fax: 011 65 6737 5522
Email: s_r_nathan@istana.gov.sg
Salutation: Dear President Nathan

COPIES TO:

His Excellency Mr Vanu Gopala MENON
High Commissioner for Singapore
c/o Permanent Mission to the U.N.
231 East 51st Street
New York, NY 10022, USA
Fax: (212) 826-2964

Lee Hsien Loong
Office of the Prime Minister
Istana Annexe, Orchard Road
Singapore 0923
Fax: 011 65 6835 6621
Email: lee_hsien_loong@pmo.gov.sg
Salutation: Dear Prime Minister

Professor S. Jayakumar
Ministry of Law
100 High Street
The Treasury 08-02
Singapore 179434
Fax: 011 65 6332 8842
Salutation: Dear Minister

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)

Pakatan Rakyat can put an end to RELA in the States they govern...

Could the Pakatan Rakyat governed states at least put a leash on RELA, and stop them from doing this "search...arrest...detain..." of persons in the Pakatan Rakyat states at the very least....The Malaysian Bar has already called for the demise of RELA.

Law enforcement should be left to the professionals - not to the volunteers in RELA...

Tuesday April 8, 2008

Tour guide cries foul over Rela raid

By KULDEEP S. JESSY

KUALA LUMPUR: A 42-year-old tour guide has lodged a police report after a group of Rela members allegedly tried to break into her apartment in Tingkat Tong Shin here while apparently tracking a suspected illegal immigrant.

Leow Mee Leng said that the men had failed to identify themselves properly, did not have a search warrant and were not accompanied by any policeman or Immigration officer.

In the 3.15am incident on Monday, Leow said she was fast asleep at her apartment located on the second floor of a town house.

"I heard a thumping sound at my front door and heard a man shouting loudly, asking me to come out.

"I went to the door and asked him what the problem was, but he only shouted back that if I did not open the door he would break it open.

"I peeked through the peephole and saw several men standing outside. Fearing for my life, I ran back into my room and telephoned my first-floor neighbour who advised me to open the door,'' she said.

Leow said she hesitated for several minutes but decided to open the door when her neighbour and his wife came over to her apartment and shouted at her to open the door.

"There were about six to eight men in uniform, and one of them just dashed into my house with a torchlight.

"The man came out several minutes later and told his superior that he did not find anything,'' she said, adding that they refused to tell her what they were looking for.

Leow said that when urged by her neighbour, one of the Rela members told him that they were looking for "someone" who had escaped and believed to be hiding in Leow's house.

"The man also asked my neighbour's wife whether I was a Malaysian. When she told them that I was, they told me to go back into my apartment and then left hastily,'' she said.

Leow claimed that several minutes later, she saw the men taking away four women and two men from another apartment.

She said her front door had been damaged and is missing an iron bar.

She lodged a report at the Dang Wangi police station on Monday evening.

BN "DISCRIMINATES" -- and Azalina also does the same...??

The BN really DO NOT understand the meaning of DEMOCRACY... On the way that money is channeled from the Federal Government to the State Government - she said that it would not be given to the Pakatan Rakyat State governments - and as such it is discrimination if it is given to the other BN State government. This women was a LAWYER - surely she would know the meaning of DISCRIMINATE... and the notion of equality.... If this is going to be the case for this Ministry, would it also be the case with the other Ministries as well....and why does the BN forget where these "funds" are coming from and who is the "owner" of these funds --- yes, it is the RAKYAT, each and every one of us.... Money collected from the rakyat generally, like income tax...etc goes to the Federal Government and it should be used for all the rakyat equitably -- or should we, who are in the states governed by the Pakatan Rakyat JUST start paying all our taxes to the Pakatan Rakyat... Of course Azalina, money should flow through State Governments .... and also plans must be made together as well... If you do not vote for the BN ---- wrong, if the majority in a constituency do not vote in a BN person as the wakil rakyat, then the whole constituency (including them who voted for the BN) will be discriminated against.... that unfortunately is the BN way.... and I do not like it anymore....and the BN must "grow-up" and behave rationally and reasonably ....for the good of all not just those who stay in States run by BN or constituencies which have a BN wakil rakyat... After all, when there was a challenge for the leadership in UMNO --- the UMNO split-up after that.... and since then the UMNO is too scared to have free and fair elections in their own party. It is absurd that a person who wants to run for President has to get so many DIVISIONS to nominate him/her...the norm every where else, is that there be one person to propose and another to second and then the person can run for the post.... It is the UMNO way ---- the BN way ---- and no one can blame Azalina for doing what she is doing ...I am sure that it is NOT the Muslim, Christian, Buddhist and/or Hindu way.... BN doesn't discriminate, Azalina tells MBs

Chan Kok Leong | Apr 8, 08 3:38pm

Newly-appointed Tourism Minister Azalina Othman Said refuted two Pakatan Rakyat chief ministers’ claims that her ministry was punishing tourists by terminating its memoranda of understanding (MoUs) with the states. During the launch of ‘Colours and Flavours of Malaysia’ at Kuala Lumpur today, Azalina (left) said the accusations by Penang Chief Minister Lim Guan Eng and Selangor Menteri Besar Khalid Ibrahim were unfair. "This ministry will continue the projects as promised earlier. We do not make changes unnecessarily." On the way the funds are channeled - instead of money going to the Pakatan state governments and it will now go to ministry-controlled committees - the minister said that it was the federal government’s perogative. "It applies to all the states which is being led by opposition government. This has happened for the past few years with Kelantan and we've never discriminated as far as tourism projects are concerned. We've been very fair.” On whether opposition-held states will be left out of tourism projects, Azalina said the ministry will accept any proposals that is “in the interest of the people”. "But if they (opposition) decide to join Barisan Nasional, it would be much better,” she said. "As far as we are concerned, the existing programmes will go on. We do not discriminate. I would like to inform Lim Guan Eng and Khalid Ibrahim that they must understand that the BN government doesn't discriminate in tourists programmes or tourists going to such programmes." She cited the Penang Music Festival and Langkawi Water Festival as examples of plans which will go on whether the state is opposition-held or not. On why her ministry is channeling the funds to a different committee and not the state Tourism Action Councils (TAC) like other BN-held states, Azalina said it was a “technical” matter. Ministry to take over TACs Tourism Ministry secretary-general Dr Victor Wee explained that there were two issues in the matter. Firstly, TACs in the opposition states will no longer be headed by the state excos for tourism and will instead be led by him or a person appointed by the minister, he said. "And second, is the way the funds will be channeled. The funds will no longer go through the states but through a federal mechanism. Because of the nature of the new political scenario, the MOUs with the states will be cancelled. "This, however, doesn't mean that the TACs or the state tourism offices will be closed. Activities will continue to be carried out at the state level and funds will continue to flow too." Wee said that the state tourism councils, with a new chairman, will continue to bring all the stakeholders together to run the tourism programmes. On whether the Pakatan state governments will have access to the funds, Azalina said: "The difference is who signs the cheque - they sign the cheques or we sign the cheques? "This is the federal government, so we sign the cheques. What's the big deal?” She added that all the programmes were already planned and promoted overseas since last year and that they can't cancel them now, even if the states are run by opposition governments. "The only changes we are making is the appointment new personalities in the tourism council. This is a federal policy which we have done in Kelantan, and we will do that for (all) the opposition-held states."

Malaysia steps up action against Burmese migrants (DVB)

Malaysia steps up action against Burmese migrants

Apr 8, 2008 (DVB)–Malaysian authorities have stepped up arrests of illegal Burmese migrants in Kuala Lumpur and other cities, forcing many to go into hiding in jungle areas.

Refugees with UNHCR documentation and migrant workers with legal permits have also been arrested in the crackdown.

One Burmese migrant said raids were not being conducted by immigration officials but by groups of volunteers who have been given powers to arrest illegal migrants by the government.

“If they take the illegal migrants to the police or immigration they get a reward of 80 ringgit [US $25],” the migrant said.

“They arrested about 500 migrants in three raids last week, and another 500 more recently.”

He said he was not sure how many had been arrested in total, but that he believed most were Chin or Burman.

Another migrant said Malaysian employers were now refusing to take on Burmese migrants due to the increasing number of arrests, leaving the migrants without a source of income and forcing them into hiding.

“We have to go and hide in the jungle, which causes a lot of problems for us – we can only sleep late at night, there are lots of mosquitoes and there is no proper food,” she said.

“Sometimes we have to stay hidden for about two or three days.” Ko Kyaw Kyaw Win of the Arakan Refugee Affairs Committee said the issue had been raised by the United Nations and other NGOs, but they were unable to reach an agreement with the Malaysian authorities.

“The UN said they did not come to any agreement with Malaysian immigration on this, so they could not provide any protection to the illegal Burmese migrants,” Kyaw Kyaw Win said.

There are currently around 150,000 illegal Burmese migrants in Malaysia, most of whom are Arakanese or Chin.

Reporting by Htet Yarzar

Did the people in the village tell the "village heads" to resign? Or was it just the decision of the "association"? or...

Perak Village Heads Association - we did not even know about the existence of such an association....

Now the question is whether these "village heads" consulted the people in the villages that they represented before tendering their resignation? But then these village heads were most likely never even the choice of the people of the village -- as there was no elections BUT an appointment made by the "Political Masters".

I have no idea as to who is my "village head" and/or my "members 'of the JKKK and the JKKT" - and there is also no communication between these reps of the people and the people --- so how do they even be the "reps of the people" at those meetings with the Local Council and/or other parties... and what exactly have they agreed to and not agreed to....


2008/04/05

Perak government reviewing en masse resignations of village heads

BERNAMA

IPOH, Sat.:

The Perak government is reviewing the en masse resignation by 726 village heads in the state on suspicion that they might have been forced or pressured by certain quarters to do so.

Menteri Besar Mohammad Nizar Jamaluddin said the affected village heads would be called for a meeting, the latest by end of the week, to solve the problem.

“When things like this happen, it gives rise to suspicion which requires us to look into the matter thoroughly to ensure their resignation letters are genuine,” he told reporters after the Perak Islamic Organisation Colloquim here today.

He said this when asked on claims that the village heads had been forced to sign the resignation letters and also that some of the signatures in the resignation letters were forged.

“If they resigned voluntarily, we would accept the resignation. But when some of them came to me and say they did not sign the (resignation) letter and another said he was forced to sign it, then we will have to review the matter,” said Mohammad Nizar.
Last Monday, Perak Village Heads Association chairman Sukiman Jalil handed over to the Menteri Besar 736 resignation letters from its members. Perak has 814 village heads.

Mohammad Nizar said the state government would also review the appointment of amil (tithe collectors) to ensure a more transparent tithe collection and to avoid abuse.

He said this would be done in August prior to the fasting month, which is in September