> In an ironic twist of events, a desperate R. Kumaresan has hired a private investigator to locate his missing uncle P. Balasubramaniam – the controversial private eye linked to the Altantuya murder case.
Sinar Harian reported that Kumaresan had lost faith in the police who did not appear to be actively trying to locate his uncle who is believed to be overseas.
“The police do not seem serious about the safety of my uncle. They keep saying he's safe and does not want to be bothered.
“I'm forced to do this (hire a private eye) because I've lost touch with him for the past two weeks. I'm worried,” he said.
Kumaresan also rubbished rumours that his uncle had returned to Malaysia, adding he had checked with the Immigration Department. - Star Online, 31/7/2008 - Child sex clip shocker for parents [see 2nd part of this report -http://thestar.com.my/news/story.asp?file=/2008/7/31/nation/21961571&sec=nation]
Local elections still a dream
OVER the weekend, a group of like-thinking individuals sat at the Royal Lake Club to talk about reforming local councils and the election of councillors in particular. Media reports quoted one of the speakers, journalism lecturer Wong Chin Huat, as saying that the Pakatan Rakyat-governed states must be pushed to revive local elections.Having campaigned and pushed for election of councillors for a long, long time, such views may be wishful thinking, but it’s not going to happen. No government – PR or BN – is going to opt for elected representation in local councils.
Ask Petaling Jaya councillor Derek Fernandez who wrote about how the state could call for local government elections without amending the federal constitution. His opinion must be gathering dust in a steel cabinet in the state secretariat building in Shah Alam.
"Why not?" would be the obvious question. From what we have seen in Penang, Perak and Selangor, there’s no room for people’s representation. The composition of councils in these states shows that there’s room for only supporters and cronies. Having promised local elections in their campaigns, what was delivered was short of expectations. But do they care about public sentiments and expectations? Do they care about residents’ groups, civil society and community leaders in the decision-making process? Do they care about the mandate given by the people?
No dear readers, a big NO because they have to look after and satisfy those who helped put them there. They have to appease only a handful of hard core supporters and party workers, not the majority of the people who voted them in. For a good three weeks, leaders of the three parties in power were busy horse trading – who gets what. In the process, we the people became the victims of the inter and intra-party squabbles and people’s representation had to be compromised to make way for the interests of politicians and their parties.
And when pointed out to them that they have to include this group of people, they have the audacity to say: "We never promised to appoint them?"
"Oh Yes, we have included members of the public!" they would retort, but the next question would be: "How many – what percentage?" Having a handful for the sake of dressing up the representation is like having nothing at all. When councils are packed with politicians, the old malaise of "you scratch my back, I’ll scratch yours" will come to the fore. With a council packed with politicians, the people’s voices will be drowned by the power of the majority. Will there be voices of reason or voices of interested parties and the businesses and the millions?
Never mind the fact that the Local Government Act says that those appointed must have expertise in a specific area or are well-versed in local government affairs. Look at the list and the facts stare at your face.
Wong, the other speakers and the motley crowd which attended the talk on local elections, were there with good intentions. They represented the larger interests of society but sorry to say, their voices are going to be lost in the wilderness of politicking and the art of diplomacy.
Another speaker, DAP parliamentarian Liew Chin Tong was quoted as saying: "Parties are important to make consolidated decisions." Whatever that means, it is a telling statement indeed.
Three months ago, when I criticised the composition of the councils in Penang at a forum organised by Ipoh City Watch, party supporters took umbrage and confronted me, saying: "You cannot say such things. It’s only two months. Give us time." Time to do what? Horse trading and manoeuvring so that the cronies benefit?
Would those who were members of the "Shadow MPPJ" who are now sitting in their air-conditioned offices care to give their views? Or are they waiting to be challenged to a debate?
It took the PR government four months to appoint councillors in Selangor, after several postponements. Were councils in the list of priorities? No, they were at the bottom of the ladder while those in power were busy trying to appease their supporters. As I said in a previous column, nothing has changed except for the abbreviations – BN has become PR; MIC, MCA and Umno have become DAP, PAS and PKR. Remember the demonstration by PKR members over the lack of "proper party representation in local councils" outside the MB’s office after the list was announced? That in a nutshell, says everything – We want 100% of the spoils. -The Sun Online
R. Nadeswaran is passionate about the way local councils are managed and run and has written extensively on the need for elected representation. He can be reached at: citizen-nades@thesundaily.com .
Faced with the threat of being downgraded by an international body, Malaysia's Human Rights Commission (suhakam) today asked the government for "teeth" so that the "toothless tiger" can bite.
Its commissioner Datuk Siva Subramaniam said they are not surprised that the threat has been made by the world body as even cabinet ministers have called them a "toothless tiger".
"Provide the teeth, then Suhakam can ensure that human rights are protected," he said, when approached by reporters at the 13th Annual Meeting of the Asia Pacific Forum of the National Human Rights Institutions today. - Sun2Surf, 29/7/2008 - "Suhakam: Give the toothless tiger teeth to bite"
He said the Human Rights Commission Act 1999, under which Suhakam was formed, has limitations and needs to be amended. One of the limitations is that the commissioner's tenure of service is just two years while in many other countries it is five years.GOVERNMENT should encourage HR Commissioners to speak out - but not penalize them for speaking out by not re-appointing them.
He said many people feel that if the commissioner "speaks his mind out, there he goes".SUHAKAM definitely needs more ENFORCEMENT powers -- or just more powers. Suhakam's reccomendation must not be ignored but immediately acted upon.
"But Suhakam does not have enforcement powers. We make many discoveries during our visits (Suhakam's monitoring activities) but our suggestions are mostly recommendations and sometimes these recommendations are treated as nothing," he said.
He said in some countries, the Human Rights Commission has its own court and implements its powers and can give its own directives.
"It will be useless if we just make recommendations and they are not implemented," he said.
"Of course, some of these arguments are valid. The ball is at the government's feet. Suhakam had provided the advice (on providing the enforcement power) to the government," he said.
Suhakam had proposed this to the government in several meetings but there has not been any positive response.
And he sounds so much like a GOVERNMENT spokesperson - certainly not like a Human Rights Commissioners.When met at the Asia Pacific Forum, Suhakam chairperson Abu Talib Othman said the government must study the concerns raised "very seriously" because amending the Act was outside the scope of Suhakam. - Malaysiakini, 29/7/2008 "Najib: Review of Suhakam Act will have repercussions"
MMA president Datuk Dr Khoo Kah Lin said ...."There are already incentives for doctors who want to return from overseas and work in Malaysia. They include tax exemption on personal items, exemption of import and excise duties for two cars, and citizenship for spouses and children within six months of their return." - New Straits Times, 29/7/2008 - Doctors against ministry's proposal
Setiausaha Agung Umno, Datuk Seri Tengku Adnan Tengku Mansor menasihatkan cawangan Umno tidak membuang masa mengemukakan calon untuk mengisi jawatan Presiden, Timbalan Presiden dan Naib Presiden dalam persidangan tahunan masing-masing.
Katanya, mengikut Perlembagaan Umno, cawangan hanya perlu menentukan calon bertanding pada peringkat bahagian, seterusnya mewakili bahagian ke Perhimpunan Agung Umno pada Disember ini.
....Tengku Adnan berkata, tindakan beberapa cawangan mengemukakan calon bagi jawatan Presiden dan Timbalan Presiden dikhuatiri boleh mengkucar-kacirkan keadaan dan menjejaskan kestabilan dalam Umno. Katanya, Presiden Umno, Datuk Seri Abdullah Ahmad Badawi sudah mengumumkan pelan peralihan kuasa kepada Timbalan Presiden, Datuk Seri Najib Razak dan berikutan itu jadi tidak timbul soal pencalonan ini kerana bimbang akan mengkucar-kacirkan keadaan.- Berita Harian Online, 28/7/2008 - 'Jangan buang masa kemuka calon tertinggi'
Kecuali Umno Gua Musang, 13 lagi bahagian di Kelantan dijangka mencalonkan Datuk Seri Abdullah Ahmad Badawi dan Datuk Seri Najib Razak mengekalkan jawatan Presiden dan Timbalan Presiden parti pada pemilihan Umno, Disember ini.
Ketua Penerangan Umno Kelantan, Datuk Mohd Alwi Che Ahmad, berkata ia selaras dengan pendirian Badan Perhubungan Umno Kelantan yang mahukan Abdullah dan Najib terus menerajui parti sehingga peralihan kuasa yang dipersetujui antara mereka disempurnakan. - Berita Harian Online, 28/7/2008 - 13 lagi bahagian mahu Pak Lah, Najib
State Umno liaison committee chairman Datuk Ahmad Said has cautioned party members against undermining his efforts to unify the party in the state after most branches showed signs of contest for the top division position.Ahmad seemed disappointed that members were ignoring his earlier advice that there be no contests.
The Mentri Besar, who spoke to state Umno leaders, including those in the wings, here on Saturday night renewed his call to members to refrain from taking any action that could split the party and affect its chances in the next general election.- Star Online, 28/7/2008 - 'Umno members urged not to contest for top division posts'
Umno has asked the country's anti-corruption watchdog to help it battle vote-buying in the heated contest for top posts.
Party secretary-general Tengku Adnan Tengku Mansor said complaints would be referred to the Anti-Corruption Agency.
"The party's disciplinary board cannot check such complaints as it does not have the means to do so. If there is proof, we will refer them to the ACA," he was quoted as saying by the New Sunday Times.
"There have been complaints of money changing hands at party meetings, but we do not have proof."
Tengku Adnan said party members had nothing to fear. "We are serious about eradicating money politics." - Malaysiakini, 27/7/2008 - "Party polls: Umno to call in ACA"
On Friday, Abdullah had announced that all the Mercedes-Benzes bought by the state for its executive council members could only be used for foreign dignitaries. - Star Online, 27/7/2008 -Exco men use Merc despite Cabinet orderIn any event, is this not a State matter - and why is Abdullah Ahmad Badawi, the Prime Minister, an elected MP from Penang (not Trengganu) butting in a matter that should be a Trengganu state matter. I am sure that the cars that the MB, State Exco members use or the State Government buys is not in the Federal List in our Federal Constitution, and comes within the jurisdiction of the Federal Government.
Deputy Prime Minister Datuk Seri Najib Tun Razak said he needed the cooperation of all quarters to strengthen the Barisan Nasional and Umno after taking over as Prime Minister and party president in 2011. - Star Online, 26/7/2008 -Najib hopes for support of all when he takes over as premier
“I hope Pak Lah (Datuk Seri Abdullah Ahmad Badawi) will continue to support me in the future although he may not hold office then,” he said in his speech when opening of the Fifth Ex-Assemblymen Council’s (Mubarak) general assembly at a hotel here last night.- Star Online, 26/7/2008 -Najib hopes for support of all when he takes over as premier
The time is ripe that a leader from Johor - Umno’s birthplace - be nominated as party president, said Desa Jaya Umno branch head Abdul Muhamad Talib Ngah....“The time has come for someone from Johor to be party president. Muhyiddin Yassin is the person fit for the post...“He has shown that he has the capabilities to perform his duties entrusted upon him thus far,” Muhamad Talib told Malaysiakini. - Malaysiakini, 26/7/2008 - 'Johorean's turn to lead Umno'
The Human Rights Commission of Malaysia (Suhakam) may lose its ‘A' status from a key regulator, thus potentially barring it from attending sessions of the UN Human Rights Council.This is following an accreditation review exercise by the International Coordination Committee (ICC) of the National Human Rights Institution. Suhakam was told by the ICC to provide, in writing, within one year of such notice, evidence to establish its continued conformity with the Paris Principles. - Malaysiakini, 25/7/2008 "Suhakam might lose 'A' status"
What is wrong with SUHAKAM, besides the kind of persons who are now appointed HR Commissioners... a lot.
To omprove, there must be at least a 5 year term of office (not this ridiculous 2-year term).
There must be full-time HR Commissioners - not part-timers as it is now. (It is not a Datukship that we are talking about here - we are talking about Human Rights Commissioners.)
The ICC stated that among the reasons for the possible re-categorisation of Suhakam's status is the need for the "independence of the commission to be strengthened by the provision of a clear and transparent appointment and dismissal process" in the Human Rights Commission of Malaysia Act 1999.
The ICC also noted the short term of office (two years) by which members of the commission are currently appointed.
There is also a lack of provisions in the Human Rights Commission of Malaysia Act 1999 to ensure genuine "pluralism" in the make up of Suhakam's commissioners, said the ICC.
-- it will be good if we know what else is wrong with our SUHAKAM... (where is that full report, by the way?)
It was fashionable for countries to have Human Rights Commissions - so Malaysian government created SUHAKAM - that's all. They wanted to have a Human Rights Commission but never really wanted it to fully function as a real and effective Human Rights Commission -- and they have succeeded.
Now, the accreditation body has found the Malaysian Human Rights Commission wanting...to the extend that it may be degraded to "B" status - which is very embarrassing.
What will Abdullah Ahmad Badawi do about this? Possibly nothing much - for after all he has already got an UMNO man ready to take over as the head of the Malaysian judiciary soon.
NOTES:
And, what is that Paris Principles (taken from the Malaysia and Human Rights website -http://www.geocities.com/easytocall/parisprincipleshri.html)
Principles relating to the status and functioning of national institutions for
protection and promotion of human rightsNote: In October, 1991, the Center for Human Rights convened an international workshop to review and update information on existing national human rights institutions. Participants included representatives of national institutions, States, the United Nations, its specialized agencies, intergovernmental and non-governmental organizations.
In addition to exchanging views on existing arrangements, the workshop participants drew up a comprehensive series of recommendations on the role, composition, status and functions of national human rights instruments. These recommendations, which were endorsed by the Commission on
Human Rights in March 1992 (resolution 1992/54) and by the General Assembly in its resolution A/RES/48/134 of 20 December 1993, are summarized below.
A. Competence and responsibilities
I . A national institution shall be vested with competence to protect and promote human rights.
2. A national institution shall be given as broad a mandate as possible, which shall be clearly set forth in a constitutional or legislative text, specifying its composition and its sphere of competence.
3. A national institution shall, inter alia, have the following responsibilities:
(a) To submit to the government, parliament and any other competent body, on an advisory basis either at the request of the authorities concerned or through the exercise of its power to hear a matter without higher referral, opinions, recommendations, proposals and reports on any matters concerning the protection and promotion of human rights. The national institution may decide to publicize them. These opinions, recommendations, proposals and reports, as well as any prerogative of the national institution, shall relate to the following areas:
(i) Any legislative or administrative provisions, as well as provisions relating to judicial organization, intended to preserve and extend the protection of human rights. In that connection, the national institution shall examine the legislation and administrative provisions in force, as well as bills and proposals, and shall make such recommendations as it deems appropriate in order to ensure that these provisions conform to the fundamental principles of human rights. It shall, if necessary, recommend the adoption of new legislation, the amendment of legislation in force and the adoption or amendment of administrative measures;
(ii) Any situation of violation of human rights which it decides to take up;
(iii) The preparation of reports on the national situation with regard to human rights in general, and on more specific matters;
(iv) Drawing the attention of the government to situations in any part of the country where human rights are violated and making proposals to it for initiatives to put an end to such situations and, where necessary, expressing an opinion on the positions and reactions of the government;
b) To promote and ensure the harmonization of national legislation, regulations and practices with the international human rights instruments to which the State is a party, and their effective implementation;
c) To encourage ratification of the above-mentioned instruments or accession to those instruments, and to ensure their implementation;
d) To contribute to the reports which States are required to submit to United Nations bodies and committees, and to regional institutions, pursuant to their treaty obligations, and, where necessary, to express an opinion on the subject, with due respect for their independence;
e) To cooperate with the United Nations and any other agency in the United Nations system, the regional institutions and the national institutions of other countries which are competent in the areas of the protection and promotion of human rights;
f) To assist in the formulation of programmes for the teaching of, and research into, human rights and to take part in their execution in schools, universities and professional circles;
g) To publicize human rights and efforts to combat all forms of discrimination, in particular racial discrimination, by increasing public awareness, especially through information and education and by making use of all press organs.
B. Composition and guarantees of independence and pluralism
1. The composition of the national institution and the appointment of its members, whether by means of an election or otherwise, shall be established in accordance with a procedure which affords all necessary guarantees to ensure the pluralist representation of the social forces (of civilian society) involved in the protection and promotion of human rights, particularly by powers which will enable effective cooperation to be established with, or through the presence of, representatives of:
Non-governmental organizations responsible for human rights and efforts to combat racial discrimination, trade unions, concerned social and professional organizations, for example, associations of lawyers, doctors, journalists and eminent scientists;
Trends in philosophical or religious thought;
Universities and qualified experts;
Parliament;
Government departments (if they are included, these representatives should participate in the deliberations only in an advisory capacity).
2. The national institution shall have an infrastructure which is suited to the smooth conduct of its activities, in particular adequate funding. The purpose of this funding should be to enable it to have its own staff and premises, in order to be independent of the government and not be subject to financial control which might affect this independence.
3. In order to ensure a stable mandate for the members of the institution, without which there can be no real independence, their appointment shall be effected by an official act which shall establish the specific duration of the mandate. This mandate may be renewable, provided that the pluralism of the institution's membership is ensured.
C. Methods of operation
Within the framework of its operation, the national institution shall:
1. Freely consider any questions falling within its competence, whether they are submitted by the government or taken up by it without referral to a higher authority, on the proposal of its members or of any petitioner,
2. Hear any person and obtain any information and any documents necessary for assessing situations falling within its competence;
3. Address public opinion directly or through any press organ, particularly in order to publicize its opinions and recommendations;
4. Meet on a regular basis and whenever necessary in the presence of all its members after they have been duly consulted;
5. Establish working groups from among its members as necessary, and set up local or regional sections to assist it in discharging its functions;
6. Maintain consultation with the other bodies, whether jurisdictional or otherwise, responsible for the protection and promotion of human rights (in particular, ombudsmen, mediators and similar institutions);
7. In view of the fundamental role played by the non-governmental organizations in expanding the work of the national institutions, develop relations with the non-governmental organizations devoted to protecting and promoting human rights, to economic and social development, to combating racism, to protecting particularly vulnerable groups (especially children, migrant workers, refugees, physically and mentally disabled persons) or to specialized areas.
D. Additional principles concerning the status of commissions with quasi-jurisdictional competence
A national institution may be authorized to hear and consider complaints and petitions concerning individual situations. Cases may be brought before it by individuals, their representatives, third parties, non-governmental organizations, associations of trade unions or any other representative organizations. In such circumstances, and without prejudice to the principles stated above concerning the other powers of the commissions, the functions entrusted to them may be based on the following principles:
1. Seeking an amicable settlement through conciliation or, within the limits prescribed by the law, through binding decisions or, where necessary, on the basis of confidentiality;
2. Informing the party who filed the petition of his rights, in particular the remedies available to him, and promoting his access to them;
3. Hearing any complaints or petitions or transmitting them to any other competent authority within the limits prescribed by the law;
4. Making recommendations to the competent authorities, especially by proposing amendments or reforms of the laws, regulations or administrative practices, especially if they have created the difficulties encountered by the persons filing the petitions in order to assert their rights.
Note:
1. A/36/440 (1981), A/38/416 (1983), E/CN.4/1987/37 (1987), E/CN.4/1989/47 and Add. 1(1989), E/CN.4/1991/23 and Add. 1(1991). [back to the text]
Printed at United Nations, Geneva
April 1993
Operasi dua kilang haram akan ditutup serta-merta: Elizabeth
SHAH ALAM - Dua kilang yang beroperasi secara haram di negeri ini akan ditutup serta-merta, kata Pengerusi Jawatankuasa Tetap, Pelancongan, Hal Ehwal Pengguna dan Alam Sekitar, Elizabeth Wong.
Beliau berkata berkata, selain beroperasi secara haram, kilang berkenaan juga dilaporkan menjadi punca pencemaran di kawasan berkenaan.
“Keputusan ini dibuat berdasarkan laporan Jabatan Alam Sekitar (JAS) Selangor mengenai pencemaran yang dibuat oleh kilang terbabit,” katanya kepada sidang media selepas menghadiri Mesyuarat Mingguan Exco, di sini, semalam.
Menurut beliau, dua kilang tersebut iaitu Warisan Naning Distribution Sdn Bhd di Kuala Langat dan Rigid Metal Tech Sdn Bhd di Rantau Panjang, Klang didapati menjalankan operasi tanpa lesen.
“Kedua-duanya beroperasi secara haram serta mencemarkan alam sekitar serta menjejaskan kehidupan masyarakat sekeliling,” ujarnya.
Katanya, penutupan tersebut dibuat kerana pemiliknya ingkar dengan arahan serta prosedur yang telah ditetapkan oleh JAS.
“Kita telah banyak kali memberi amaran serta kompaun kepada mereka tetapi mereka masih berdegil serta melakukan pencemaran dan melanggar garis panduan yang kita tetapkan.
“Jadi, kita terpaksa membuat keputusan ini demi menjaga kebajikan serta kehidupan masyarakat sekeliling,” ujarnya.
Tambahnya, pihaknya akan mengeluarkan notis untuk merampas tanah berkenaan.
“Kita bukan sahaja akan menutup kilang tersebut tetapi juga akan merampas tanah berkenaan kerana telah melanggar syarat milik tanah yang termaktub dalam Kanun Tanah Negara,” katanya.
7 State Islamic Religious Council from the Federal Territories, Perak, Terengganu, Penang, Selangor, Kedah, Johor.The applicant Roman Catholic Archbishop of KL Murphy Pakiam, had on March 19, filed for a judicial review against the internal security minister and the government over an order that banned the Herald from using the word "Allah" in its Bahasa Malaysia section.
The government believes the word is exclusive to Muslims and threatened to close down the newspaper if it defied the prohibition.
The archbishop, on behalf of the weekly, is seeking several declarations from the court.
Among them, the Herald wants the court to declare that the decision to prohibit it from using the word "Allah" in its publication is null and void and that the Herald is entitled to use the word in the publication and that the word "Allah" is not exclusive to the religion of Islam. - The Malaysian Insider, 9/7/2008 - "Catholic Herald suit attracts more parties"
Then, when Act 171 was enacted, it was expressly provided in Section 15(1) that "notwithstanding anything to the contrary contained in any written law, all provisions relating to local government elections shall cease to have force or effect". This means that the provisions in the Local Government Elections Act 1960 relating to elections have also ceased to apply.
However, some have argued that this is still legally possible as Section 1(4) allows the state authority to exempt any area within any local authority from any provision of Act 171, including Sections 10 and 15(1). The state legislature can then enact state laws to govern local government elections as it is empowered to do so under Paragraph 4(a) of the State List.
Article 113(4) of the Constitution also provides that state law may authorise the Election Commission to conduct elections other than parliamentary and state legislative elections.
In other words, a state authority may suspend the application of Sections 10 and 15 of Act 171 and then cause the state legislature to enact laws governing elections for those local authority areas. - NST Online, 13/3/2008 -Polls show democracy is very much alive; [the full article is in this blog,
http://charleshector.blogspot.com/search/label/Local%20Council]
However, to enact state laws governing local government elections might still technically conflict with Sections 10 and 15(1) of Act 171 and the 1965 Emergency Regulations (presumably still in force).
As Act 171 is a federal law made under Article 76(4) and not under Article 76(3) of the Federal Constitution, which deems laws passed by Federal Parliament as state laws, it follows that Article 75 of the Constitution provides that if any state law is inconsistent with a federal law (Act 171 and the emergency laws), the federal law shall prevail and the state law shall, to the extent of the inconsistency, be void.
Of course, it can also be argued that with the exemption, the conflict does not arise. But that is a risky approach as the local government elections held pursuant to state laws can be challenged in court. If this is successful, the elections and decisions made by the councillors risk being declared null and void.
Therefore, holding local government elections is possible if Section 15(1) is repealed and Section 10 amended. This can only be done if the Barisan Nasional government, which has a simple majority in parliament, also wants it.And hence, of late one Pakatan Rakyat asked the question whether the government had any intention of making the necessary amendment -- and of course, the answer was "No".
The last local government elections were held in 1963 under the Local Government Elections Act 1960. However, they were suspended after the Confrontation with Indonesia pursuant to the Emergency (Suspension of Local Government Elections) Regulations 1965 and Emergency (Suspension of Local Government Elections) (Amendment) Regulations 1965 made under the Emergency (Essential Powers) Act 1964.BUT, I say again these are all EXCUSES because, in reality, the Pakatan Rakyat do not have any intention of having Local Council Elections just like the BN. They prefer to appoint their own party members into majority of the Local Council positions, hence having total control of Local Councils.
Since then, councillors have been appointed by state authorities. The 1965 regulations were extended after the May 13, 1969 incident pursuant to Section 6 of the Emergency (Essential Powers) Act 1979, which provides that regulations made under the Emergency (Essential Powers) Act 1964 shall remain in force as if they had been made under the 1979 Act.
All matters pertaining to the recruitment of foreign workers should come under the purview of the Human Resources Ministry, including the outsourcing agencies and the special approval for foreign workers, said its minister Datuk Dr S. Subramaniam. - Star Online, 21/7/2008 -Subra: Let my ministry handle all foreign worker matters
Now, if a migrant worker loses his job for whatever reasons, or resigns because of breach of contract or some other reasons, his visa to remain in the country shall lapse 1-month thereafter. The migrant worker shall be given 1-month for him to secure another employment and if he fails to do so, he will have to leave the country. This kind of system is used in Thailand, for example...and it seems to work.Dr Subramaniam said his ministry had created a Job Clearing System for the use of employers who required foreign workers.
“The system will ensure that employers give preference to local workers first before employing foreigners,” he said.
Ng: Hiring maids from China and Myanmar not the answer
Monday July 21, 2008 (Star Online)PETALING JAYA: Hiring maids from Myanmar and China will not solve the problem of rising costs of taking in foreign help, says Women, Family and Community Development Minister Datuk Dr Ng Yen Yen.
“The answer is not looking outwards; the answer is looking inwards. It’s how to develop more home-based care.
“My stand is that we are not ready to have maids from China until we see a drastic decline in social issues which arise because of foreign women coming in,” she told the press after the official opening of the National Council of Senior Citizens Organisations Malaysia (Nacscom) Old Folks Home in Kota Damansara here on Saturday.
She said her ministry was working with the Human Resources Ministry to develop home-based domestic and childcare management programmes.
“There are many single mothers here who can do part-time homecare,” she said.
Last month, the Association of Foreign Housemaids Recruitment Agencies urged the Government to consider allowing maids from China and Myanmar as recruitment agencies in Indonesia had pushed the fees so high that they may reach RM8,000 soon.
Inspector-General of Police Tan Sri Musa Hassan and Attorney-General Tan Sri Abdul Gani Patail will play no part in the investigation of an allegation of sodomy against Datuk Seri Anwar Ibrahim.Prime Minister Datuk Seri Abdullah Ahmad Badawi said both Musa and Abdul Gani would have no role whatsoever in the case.
He added that police officers involved in the case would also not refer to their boss or the A-G in the course of their investigation.
Asked if Musa and Abdul Gani should be suspended pending the completion of the investigation, Abdullah said: "They will not be involved at all in the case and the investigating officers will also not refer to them. Therefore, I do not see any reason why they should be suspended." - New Straits Times online, 20/7/2008 -PM: No role for Musa, Abdul Gani in sodomy probe
Datuk Mahmood Adam has been appointed Immigration Department director-general, replacing Datuk Abdul Wahid Md Don who has been transferred pending investigations into alleged corruption.Mahmood was deputy Defence Ministry secretary-general (management). His appointment takes effect tomorrow.
The appointment was announced by Chief Secretary to the Government Tan Sri Mohd Sidek Hassan yesterday.
Mohd Sidek also announced that the department's director of the Foreign Workers' Division, Abdul Rahman Othman, would be Mahmood's deputy, replacing Yusof Abu Bakar, who is also being probed by the Anti-Corruption Agency (ACA).- New Straits Times, 20/7/2008 - 'New D-G for Immigration.'
Wahid and Yusof were arrested on July 11 and 12.Both have been released on bail and have been transferred to the Public Service Department.
Wahid was alleged to have received money in exchange for issuing work visas to foreigners while Yusof had allegedly received payments to approve extended passes for tourists who had overstayed.
They were among at least a dozen people detained in both cases. - New Straits Times, 20/7/2008 - 'New D-G for Immigration.'
Datuk Mahmood Adam has been appointed Immigration Department director-general, replacing Datuk Abdul Wahid Md Don who has been transferred pending investigations into alleged corruption.Mahmood was deputy Defence Ministry secretary-general (management). His appointment takes effect tomorrow.
The appointment was announced by Chief Secretary to the Government Tan Sri Mohd Sidek Hassan yesterday.
Mohd Sidek also announced that the department's director of the Foreign Workers' Division, Abdul Rahman Othman, would be Mahmood's deputy, replacing Yusof Abu Bakar, who is also being probed by the Anti-Corruption Agency (ACA).- New Straits Times, 20/7/2008 - 'New D-G for Immigration.'
Bernama - Saturday, July 19PEKAN, July 18 (Bernama) -- The Kampung Ubai Umno branch in the Pekan division last night passed a motion proposing Umno deputy president Datuk Seri Najib Tun Razak for the post of president in the party election in December. meeting which ended late last night and attended by 42 of the 123 branch members.
The Kampung Ubai branch was the first branch to meet in Pahang and also the first to nominate Najib, who is the Pekan Umno division head and Member of Parliament, to contest the post of Umno president...." - Yahoo Malaysia News, 19/7/2008 - KAMPUNG UBAI BRANCH NOMINATES NAJIB FOR UMNO PRESIDENTCY
The authorities require a fresh DNA sample from Anwar Ibrahim because the sample extracted 10 years ago is too old, said Prime Minister Abdullah Ahmad Badawi today.
"So we are asking for a new sample," he told a press conference in Putrajaya. - Malaysiakini, 18/7/2008 , Existing DNA sample too old, says PM
So, WE are asking ....not the police are asking but "we are asking..." - this is getting really odd, and now it looks like good old Abdullah Ahmad Badawi has joint the police investigation team --maybe will also be part of the prosecution -- and maybe even the Judge indirectly ...
A commotion occurred during the Dewan Rakyat sitting today when Khairy Jamaluddin (BN-Rembau) asked Parti Keadilan Rakyat (PKR) advisor Datuk Seri Anwar Ibrahim to give his DNA sample to the police to assist in the investigation into the allegation of sodomy against him. “We can’t force anyone to give their DNA sample (but) if he (Anwar) is not afraid of the truth, I hope he (Anwar) will be present (at the Kuala Lumpur Police Headquarters), and if he dares, give the DNA sample to test whether the police report was correct or wrong. - New Straits Times Online, 16/7/2008 -Commotion in Dewan Rakyat when Khairy asks Anwar to give DNA sample
Mr Syed Hamid criticised Mr Anwar for not giving a blood sample, saying that if he was interested in determining the truth, "simply give the DNA and let the experts read the DNA". - new.com.au, 17/7/2008, -It's a vendetta, says Anwar
"Saliva, blood and seminal stains when stored in proper conditions can be preserved - by not exposing the sample to rain, sunlight and other natural elements," he told Malaysiakini."It could be kept at room temperature like in a cupboard," he added. - Malaysiakini, 18/7/2008, Expert: Specimen can be conserved for years
A businessman who could not use his ATM card to withdraw RM300 to treat his friends to dinner in Kuala Lumpur six years ago was awarded RM10,000 damages by a magistrate's court here.Magistrate M. Rajalingam awarded Lambert B. Samson, 83, the sum for the inconvenience, mental distress, and embarrassment he suffered.
Rajalingam also ordered CIMB Bank Berhad, formerly known as Southern Bank Berhad, to pay Samson 8% interest per annum on the damages from the date of judgment and costs. - Star Online, 17/7/2008 - Man wins RM10,000 for distress at not being able to withdraw from ATM
Oh yes, if you look hard at many of these agreements, you will find that at the end of the day there will be these clauses to say that the banks will not be liable for this and that....and even in some agreements, where they are found to be liable, banks limits their 'pay-outs' by putting an unreasonable figure. Not just banks do this -- other big boys also do this...The bank's defence was based on a Terms and Conditions agreement apparently signed by Samson while receiving the said Autokad on Nov 18, 2000.
The bank said three clauses in the documents stated among others that it would not be responsible or liable if the card was not honoured or accepted for use.
BANK NEGARA? -- Well, they know about this, and so does the government -- but sadly, I believe that too little is being done in favour of the little man - the consumer....
Rajalingam held that the first nail was hammered into the defendant's case when it failed to call the bank officer to testify whether she had explained the terms and conditions of the agreement before Samson agreed to sign up for the Autokad in 2000."Going to court for a remedy is alright - BUT really, there must be other easier and cheaper means for people to obtain a remedy...
And 2 months ago, he was charged for sedition...Malaysia Today editor Raja Petra Kamarudin, 58, was arrested today and charged for defaming Deputy Prime Minister Najib Razak's wife, Rosmah Mansor, and two others.
He was charged with criminal defamation under Section 500 of the Penal Code at the Kuala Lumpur Magistrate's Court...According to Section 500 of the Penal Code, “whoever defames another shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both”... - Malaysiakini, 17/7/2008, Raja Petra arrested, charged in court
Two months ago when Raja Petra was charged with sedition for publishing an allegedly seditious article entitled ‘Let’s send the Altantuya murderers to hell’ in his Malaysia Today website, he refused to post bail... - Malaysiakini, 17/7/2008, Raja Petra arrested, charged in courtLet us also remember also Lim Guan Eng and others who have been charged for Sedition, etc..,
Lim Guan Eng On August 25, 1998 outspoken opposition parliamentarian Lim Guan Eng was jailed after he lost an appeal before the Federal Court. The Court upheld his sentence of two concurrent eighteen-month prison terms for sedition and malicious publishing of false news in connection with statements he made and published in 1995 accusing the Malaysia's Attorney General of mishandling allegations of statutory rape of a schoolgirl made against the Chief Minister of Malacca (Rahim Thamby Chik) . Because of his conviction, Lim Guan Eng was disqualified from being a member of parliament or holding elective office, was prohibited from holding any position in a political party for five years, and was barred from pursuing his profession as an accountant. He was released in 1999 after serving one year of his eighteen-month sentence.
Perak's 338 local councillors are scheduled to be sworn in Friday but protests and dissatisfaction over the list of appointments seem unending.The latest to express their disappointment are Parti Sosialis Malaysia (PSM) members from Sungai Siput.
Sungai Siput PSM branch secretary M. Sukumaran handed over a memorandum on the matter to Perak Local Government, Housing and Public Transport Committee chairman Nga Kor Ming.
Sukumaran said Sungai Siput MP Dr D. Jeyakumar had sent a letter recommending four people to be councillors for the Kuala Kangsar Municipal Council. - Star, 17/7/2008, PSM upset over local council appointments
And sadly, their argument is that since Selangor appointed 3 PSM leaders, why Perak should also not do likewise...?
If Selangor could select three PSM leaders for councillor posts, there was no reason why the Pakatan Rakyat government in Perak should marginalise the party here, he said.- Star, 17/7/2008, PSM upset over local council appointments
The police do have the power and the authority to detain an arrested person for up to 24 hours, and thereafter for further periods based on the Magistrate's order."...PKR de facto leader Anwar Ibrahim has been freed on police bail this morning. He was seen leaving with his family and lawyers in a car at 9.45am..." - Malaysiakini, 17/7/2008 - Anwar freed on police bail.
Severe back painSoon after the release, Sivarasa said Anwar had complained of back pain after spending the night on a "cold cement floor" last night.
"He was lying on a slab of cement the whole of last night in a cell and he needs emergency medical treatment," Sankara told AFP, adding that he required an injection to control the pain. - Malaysiakini, 17/7/2008 - Anwar freed on police bail
Anwar knows what it is like. Many other Human Rights Defenders know about the condition in police lock-ups -- and I call on Anwar and the Pakatan Rakyat to make this a PRIORITY issue - i.e. that the conditions of Police Lock-Ups be improved.
"PKR de facto leader Anwar Ibrahim will be spending the night in police custody. However, it could be not be ascertained whether he would be held at the Kuala Lumpur police headquarters or a different location.
"They are keeping him tonight. Their excuse is they need to take further statements," said lawyer Sankara Nair.
"They are not giving him bail, I have no idea how much longer he will be detained," he told reporters, adding that he was unsure if he would remain at the police headquarters where Anwar was undergoing questioning...." - Malaysiakini, 16/7/2008 -PKR supremo detained overnight
Before the lapse of 24 hours, if the police want to further detain Anwar, they will have to go to the Magistrate and get a remand order.
Today, the law(the Criminal Procedure Code) has changed and no more is there the risk of getting a remand order for 14 days -- now, in this case of Anwar, where it is with regard an offence where the sentence is more than 14 years, the police can get a remand order of "not be more than seven days" on their 1st application.
Anwar should be placed in a police lock-up just like anybody else - there must be no Discrimination.117. Procedure where investigation cannot be completed within twenty-four hours.
(1) Whenever any person is arrested and detained in custody and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 28 and there are grounds for believing that the accusation or information is well founded the police officer making the investigation shall immediately transmit to a Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case and shall at the same time produce the accused before the Magistrate.
(2) The Magistrate before whom an accused person is produced under this section may, whether he has or has no jurisdiction to try the case, authorize the detention of the accused in such custody as follows:
(a) if the offence which is being investigated is punishable with imprisonment of less than fourteen years, the detention shall not be more than four days on the first application and shall not be more than three days on the second application; or
(b) if the offence which is being investigated is punishable with death or imprisonment of fourteen years or more, the detention shall not be more than seven days on the first application and shall not be more than seven days on the second application.
[Subs. Act A1274]
(3) The officer making the investigation shall state in the copy of the entries in the diary referred to in subsection (1), any period of detention of the accused immediately prior to the application, whether or not such detention relates to the application.
[Ins. Act A1274]
(4) The Magistrate, in deciding the period of detention of the accused person, shall take into consideration any detention period immediately prior to the application, whether or not such detention relates to the application.
[Ins. Act A1274]
(5) The Magistrate in deciding the period of detention of the accused shall allow representations to be made either by the accused himself or through a counsel of his choice.
[Ins. Act A1274]
(6) If the Magistrate has no jurisdiction to try the case and considers further detention unnecessary he may order the accused person to be produced before a Magistrate having such jurisdiction or, if the case is triable only by the High Court, before himself or another Magistrate having jurisdiction with a view to transmission for trial by the High Court.
[Ins. Act A1274]
[Am. Act A1132 - Prior text read - "The Magistrate before whom an accused person is produced under this section may, whether he has or has not jurisdiction to try the case, from time to time authorise the detention of the accused in such custody as the Magistrate thinks fit for a term not exceeding fifteen days in the whole. If he has no jurisdiction to try the case and considers further detention unnecessary he may order the accused person to be produced before a Magistrate having such jurisdiction or, if the case is triable only by the High Court, before himself or another Magistrate having jurisdiction with a view to committal for trial by the High Court."]
(7) A Magistrate authorising under this section detention in the custody of the police shall record his reasons for so doing.
[Am. Act A324; Am. Act A1274]
“According to the information I received, he went voluntarily to the police car without any incident and that under police custody, he has given his full cooperation,” he said. - Star OnlineDeputy Home Minister Datuk Wan Farid Wan Salleh said that Anwar was arrested because he would not have made it in time.....blah..blah..blah
PKR de facto leader Datuk Seri Anwar Ibrahim would not have been able to turn up for his scheduled appointment at the city police headquarters on time.Deputy Home Minister Datuk Wan Farid Wan Salleh said Anwar was supposed to have gone straight to the police headquarters here after his interview at the Anti Corruption Agency in Putrajaya.
“Instead, he was on his way home. He couldn’t possibly have made it on time.
“The police were just executing a warrant of arrest against Anwar,” he told reporters in the Parliament lobby on Wednesday...." - Star Online, 16/7/2008 -'Anwar wouldn’t have made 2pm deadline'
The question that we must all be asking was why did the police arrest Anwar, who already was going to to go the the police. Anwar was allegedly arrested at 12.55 at Bukit Segambut, Kuala Lumpur....and it is really not that far away from the IPK for Anwar not to be able to make it by 2.00pm. Some Deputy Ministers and Ministers should really refrain from talking to the press if they have nothing intelligent to say...
But really WHY? WHY? WHY? did the arrest Anwar in this manner - reminding all about the arrest of 1998 - maybe hoping that anger be re-kindled, fires of 'reformasi' be re-kindled....that things may 'explode'.... this is something that we will consider later...
The law provides that a person arrested can be detained for up to 24 hours - and if further detention is required, the police must within 24 hours make the necessary application for remand.
I sincerely hope that Anwar be released this evening....without unnecessary delay...
Even if he is to be charged in court tomorrow, release him on police bail requiring his attendance in court tomorrow...
Even if his presence is still required for further investigation - the police can release him on police bail requiring him to return the following morning for continued investigations...
The Lock-Up Rules provide that the detainee has to be returned to the lock-up by 6.30pm and he will be there until 6.30am the following morning - resting. This means that whatever investigation rightly cannot proceed beyond 6.30pm.
His car had been stopped at a junction as he was coming back from the Anti-Corruption Agency headquarters in Putrajaya, where he was questioned regarding his report against Inspector-General of Police Tan Sri Musa Hassan and Attorney-General Tan Sri Abdul Gani Patail for allegedly falsifying evidence in the investigation into the infamous “black eye” incident.
He was taken into a police Mitsubishi Pajero where he was seen with his face covered with a cloth and flanked by two policemen in balaclavas. - New Straits Times, 16/7/2008 -Anwar brought to city police HQ (Updated 1:35pm)
Anwar started giving his statement to the police at about 2.50pm, said another of his lawyers R. Sivarasiah, also the Subang Jaya Member of Parliament (MP). - Star, 16/7/2008 -Cops arrest Anwar (Update 6).
Opposition leader Anwar Ibrahim was arrested by the police just outside his home in Bukit Segambut, Kuala Lumpur, at 12.55pm today.
The de facto PKR leader was on his way back to his house after being questioned by the Anti-Corruption Agency (ACA).A team of police officers were waiting, according to lawyer R Sivarasa.
Anwar was driven away in a 4WD with tinted windows, escorted by a convoy of 15 patrol cars. They arrived at Kuala Lumpur police headquarters at 1.11pm. - Malaysiakini, 16/7/2008 - Anwar arrested outside his house
"Police have obtained a warrant of arrest for Datuk Seri Anwar Ibrahim but they have given him until 2pm today to turn up on his own accord to give his statement.Issuing the ultimatum, Federal Criminal Investigation Department director Datuk Bakri Zinin also warned Anwar's supporters not to react if police arrested him.
"We are giving him time and space. If he does not turn up by 2pm, we will have to take the necessary action," Bakri said yesterday without elaborating.
Bakri made no comments when asked if a warrant of arrest had been obtained for the de facto Parti Keadilan Rakyat leader...." - New Straits Times, 16/7/2008, Deadline for Anwar: Turn up at 2pm or face arrest.
It is learnt that Anwar is to be charged under Section 377C of the Penal Code which relates to 'carnal intercourse against the order of nature'.
I say again REPEAL all laws that allow for Detention Without Trial....DETENTION under the Internal Security Act (ISA) is geared more towards rehabilitation rather than criminal punishment.
Home Minister Datuk Seri Syed Hamid Albar told M. Manogaran (DAP – Teluk Intan) that ISA detainees would be rehabilitated in regard to their extremist beliefs and actions, which could threaten national security.
“Those held under the ISA will undergo a rehabilitation programme at their place of detention.
“If a detainee has been considered to be rehabilitated and no longer poses any danger to the country, he or she will be released,” he said in a written reply. - Detainees undergo rehab programme, Star (11/7/2008)
Syed Hamid said that as of June 30, there were 62 detainees held for involvement in various activities.
“Forty-two people were held for militant violence, six for falsifying documents, one for human trafficking, nine for gathering information for foreign intelligence agencies and five for Hindraf activities.
“However, we cannot provide a full list of ISA detainees with their background and offences at present due to security factor,” he said. - Detainees undergo rehab programme, Star (11/7/2008)
"Even recently our Court of Appeal President lamented that sexual offenders are avoiding the whip by turning 50....
Sexual offenders are escaping whipping because they are 50 years of age or more by the time their appeals are exhausted.Court of Appeal president Tan Sri Zaki Azmi said the prosecution should assist the court to hear such cases as soon as possible.
"The public is unhappy because they are under the impression that the courts are imposing sentences that are inadequate," Zaki said from the bench yesterday when presiding over criminal appeals in the Court of Appeal. - NST, 15/7/2008 "Zaki ticks off prosecution"
(oh yes....that is same Tan Sri Zaki Azmi, the UMNO lawyer who suddenly was appointed so fast as Federal Court judge recently and was then made the current No. 2 person in the Malaysian judiciary... This UMNO man will most likely be made the head of the judiciary if PM, UMNO and BN had their way....)
111. Police officer's power to require attendance of witnesses.
(1) A police officer making an investigation under this Chapter may by order in writing require the attendance before himself of any person who from the information given or otherwise appears to be acquainted with the circumstances of the case, and that person shall attend as so required.
(2) If any such person refuses to attend as so required that police officer may report such refusal to a Magistrate who may thereupon in his discretion issue a warrant to secure the attendance of that person as required by such order.
"PKR de facto leader Anwar Ibrahim has refused to appear at the Kuala Lumpur police headquarters today for questioning over the sodomy allegation in protest against "harassment" of his family." - Peeved Anwar declined to go to police HQ, Malaysiakini (14/7/2008)There are other issues that Malaysians can get riled up about BUT some how I do not see this as one of them...
113. Admission of statements in evidence.
(1) Except as provided in this section, no statement made by any person to a police officer in the course of a police investigation made under this Chapter shall be used in evidence.
(2) When any witness is called for the prosecution or for the defence, other than the accused, the court shall, on the request of the accused or the prosecutor, refer to any statement made by that witness to a police officer in the course of a police investigation under this Chapter and may then, if the court thinks fit in the interest of justice, direct the accused to be furnished with a copy of it and the statement may be used to impeach the credit of the witness in the manner provided by the Evidence Act 1950 [Act 56].
(3) Where the accused had made a statement during the course of a police investigation, such statement may be admitted in evidence in support of his defence during the course of the trial.
(4) Nothing in this section shall be deemed to apply to any statement made in the course of an identification parade or falling within section 27 or paragraphs 32(1)(a), (i) and (j) of the Evidence Act 1950.
(5) When any person is charged with any offence in relation to-
(a) the making; or
(b) the contents,
of any statement made by him to a police officer in the course of a police investigation made under this Chapter, that statement may be used as evidence in the prosecution's case.
Barbed wire was strung along the main road leading to Parliament House, while a K9 unit truck was parked near the security house. - Police mount road blocks on all roads leading into Parliament area, NST (14/7/2008)
At 9:30am, traffic from Jalan Tun Razak near Menara Dato Onn into Jalan Mahameru was reduced to a crawl as the main road leading into Lake Gardens was blocked by a police patrol car was placed across the road....
The roadblocks in the city have been in place since Saturday, and were instituted following information received by the police about a “security threat” from an illegal demonstration planned today by Pakatan Rakyat supporters.
- Police mount road blocks on all roads leading into Parliament area, NST (14/7/2008)
Most major roads into the city experienced traffic jams yesterday as police continued an operation, codenamed Ops Padam, which began at 2pm on Saturday.
The roadblocks, mounted at 12 entry points, including the Federal Highway near the Kota Darul Ehsan arch and the Damansara-Puchong Expressway, reduced traffic to a crawl.
It is learnt that policemen at the roadblocks were told to be on the lookout for buses or vehicles carrying Parti Keadilan Rakyat flags or banners.
Any vehicle with people wearing T-shirts or carrying posters was stopped from entering the city. - Police get court order to ban Anwar rally, NST(14/7/08)
A number of journalists who have arrived in Parliament this morning were also stopped from entering the Parliament building.Court-OrderThey include foreign reporters and those who work for international news agencies.
- Malaysiakini, Police roadblocks cause gridlock in KL (14/7/2008)
"...the police yesterday have obtained a court order barring Anwar from the vicinity of the Parliament today.
The court order will allow the police to arrest on sight if Anwar and opposition supporters are spotted within five kilometres of Parliament..." - Malaysiakini, Police roadblocks cause gridlock in KL (14/7/2008)
"The Anti-Corruption Agency (ACA) said today rampant corruption at the immigration department was a national security problem following the arrest of seven people.Among those detained was a top immigration official who allegedly issued visas to foreign workers in exchange for money, reports said..."It goes right to the top. It involves the public, foreigners, government officers and also syndicates..."This actually involves national security ... and the problem is throughout the country. We have arrested a number of people and we expect to pick up more soon," Ahmad told reporters in Penang..."
The Christian community in Malaysia by and large is aware that there are two legal suits pending in the High Courts to determine whether we have the right to use the word “Allah”. 9 July 2008 is a very important date. The latest development now witnesses Sikh’s participation in the fray. Four State Islamic Councils have already applied to be the respondents in this case. They are Majlis Agama Islam dan Adat Melayu Perak (MAIAMP), Majlis Agama Islam Wilayah Persekutuan (MAIWP), Majlis Agama Islam dan Adat Melayu Terengganu (Maidam) and Majlis Agama Islam Pulau Pinang (MAIPP). Its outcome has far reaching implications over the missio praxis particularly among the Malay-speaking congregations who mostly are bumiputera of Sabah, Sarawak and Orang Asli of Semananjung Malaysia. In this context, our church leaders (ordained, lay and including politicians) are in the forefront to battle it out for us so to speak in the court of law. They are exercising their roles and responsibilities as church leaders. We thank God for them and we are grateful to them for doing what they are doing. Frankly speaking, making the final judgment is not going to be easy for the judges who will preside over the two cases.
As I searched the internet on the universal usage of the word “Allah” with particular reference to its currency in the Malaysian contexts, I came across Micah Mandate. I salute Mr Goh for interviewing Tan Sri Bernard Dompok in Putrajaya on major issues, among other things, religious freedom – the use of “Allah” by the Christian community in particular. I do not know Tan Sri very well but I do know one or two politicians who are close to him and through them I know he is a man of principle. Therefore, I BELIEVE in his words. Another contributor in the same site described the turn of events leading to the two court cases (I mentioned earlier) on the word “Allah”: one was filed by the Roman Catholic Church (RC) and the other suit was filed by Sidang Injil Borneo (SIB)
The use of “Allah” in our Alkitab, kebaktian kudus, khotbah, latihan perlengkapan, perbualan, etc is long established. It may not be used every second of our daily lives but it is certainly used right through the rites of passages from the day one is baptized as an infant to the day of his or her funeral. It is used in Sunday or weekday services in churches as well as in our homes, in our daily prayers, teachings or cell group meetings. We continue to praise God in heaven and I believe God would accept our praises and worship containing the word “Allah” if we were to use it to address and worship him (see Rev 7:9-12). In short, it is impossible to cease the use of Allah from our communal and religious life.
We have used this word even before Malaysia was formed on 16 September 1963. In fact the Malaysia Bible Society authority would affirm that the word “Allah” has been used in the Malay translation of Mathew’s Gospel in 1612 some 350 years before the idea of Malaysia was ever conceived. When Malaysia was formed and proclaimed Bahasa Melayu (now Bahasa Malaysia) became the national language and Islam the official religion. Other religions were freed to exist, express and propagate their faiths. For us, the freedom enshrined in the Constitution also included the free use of words, phrases, terms and terminologies including the word “Allah”. I do not think that from that day onward Christians were no longer allowed to use “Allah” in their community? I am interested to find a specific clause in our Federal Constitution spelling out that beginning 1963 Christians no longer can use “Allah” because it would confuse the Muslims and only Muslims can use the word. What has happened I suggest is rather an afterthought pronouncement so to speak, and if so, what other proactive approach could be taken to rectify it? For example, it is far effective to educate Malaysians regarding the use of Allah than legislate its use.
The word has become part of our story telling very early in our struggle towards nation building. If we were to delete this most central and fundamental word from our vocabs; we would create a huge vacuum in our Christian education programs. It impedes our understanding and teaching of who our God Almighty is. Our prayer language is devoid of the most fundamental truths and understanding of our God who became man, died and rose again and to whom we now make petitions. Charting this path of removing the word in our story telling may seem to others an effortless task – just a delete and forget processes. Or, just use another word - Tuhan. But we cannot underestimate the power of words. Nor can we easily brush aside history and the attachment associated with the word. This Allah word, when rightly taught and correctly understood evokes feelings of intimacy, love, fear, respect, honour and worship of God. It is intrinsic to our ecclesiastical, religious, linguistic and spiritual landscape. We are proud to use a foreign word that has become our national language and ecclesiastically proper when used to address and worship our God. Now we might face the possibility to forget it? The concern that we will lose this privilege to use the word “Allah” is real.
We must also allay the fear among Muslims that we might use the word to confuse or win them over. It is a legitimate concern, especially in the context of Malaysia. I sincerely believe the Christian community will not resort to this scheme. We know we cannot evangelise Muslims and that we can be prosecuted when doing so. What is the difference between our Allah and their Allah? I have sisters and many relatives who are married to Muslims by choice and converted to Islam. If they ask me to explain my “Allah” I will reply that my “Allah” is he who is righteous, loving, compassionate and forgiving. He hates sin but loves the sinner. No one has ever seen Allah because he is spirit but he became human and lived among humans. He died for everybody and rose to heaven. Whosoever believes in him shall not perish but have everlasting life. That is my “Allah”. Period.
In Malaysia’s multi-religious framework it is well and good to settle things amicably in the spirit of musyawarah. Musyawarah is considered a vital tool in problem-solving. However, going by the present situation we might as well allow the court to help settle this case once and for all. Let us pray that the judgment favours us. If the judgment does not favour us this scenario will take place; we cannot use the word “Allah” anymore in our daily conversation, religious or community activities. The reason is because we might “confuse” the followers of the official religion of this country. As a pastor-teacher-preacher and theologian in the local church I naturally follow this event with interest and anticipation because it has far reaching implications in the way we treat our literature, liturgy, songs, ministry and mission enterprises, etc. What will be our next option (I am not answering this question in this article, yet)?
By the way, in the context of the universal declaration of human rights, does one has the right to require an adherent of another religion not to use a specific word because that specific word belongs only to his religion? The two judges shoulder a heavy responsibility in interpreting the law when they preside over the two pending and separate court cases over a common issue – the right to use the word “Allah” We trust in God and pray that the court will deliver a favourable judgment to us. (By LIDIS SINGKUNG/ MySinchew)
Lidis Singkung is an Anglican clergyman and also a Kadazandusun. Presently he serves in St Patrick's Anglican Church in Tawau).
He was replying to Ding Kuong Hiing (BN-Sarikei) during Question time.
To a supplementary question by Fong Po Kuan (DAP-Batu Gajah), Chor said a special Bill on Rela was being drafted and would be tabled in Parliament soon to ensure its effectiveness and give its members more powers.
He also said the government did not have plans to raise the allowances of Rela members taking in the operation to round up illegal immigrants codenamed "Operasi Tegas" because the new rate was only approved in March last year.
On discipline, he said action had been taken against 9 members for abuse from last year until April 2008.
Rela, which was set up on Jan 11, 1972 to help preserve and maintain national security and peace, now has about 520,000 members.
KOTA KINABALU, Philippines -- Sabah has rejected a Manila proposal that Filipino nationals living in the state for a long time be given Malaysian permanent resident (PR) status.
“We are not going to issue such PR status freely as we have regulations and guidelines for such matters,” Chief Minister Musa Aman told reporters here over the weekend.
He said the issuance of permanent resident status should follow the laws and guidelines of both the federal and state governments and cannot be given freely without applicants following the required procedures.
Musa was responding to the call by Philippine Foreign Affairs Undersecretary for Migrant Workers Affairs Esteban Conejos, who proposed that Filipinos residing in Malaysia for many years be accorded permanent resident status.
According to Conejos, most of the 200,000 Filipinos in Malaysia were in Sabah.
The Philippines seeks to regularize the status of two types of Filipinos in Malaysia: 56,000 Filipinos and their scions who have been granted refugee status by Malaysia during the Mindanao conflict in the 1970s and an undetermined number of Filipinos who have lived, borne children, and known no other life outside Malaysia for the past 30 years, Conejos said.
The suggestion came after Malaysian Deputy Prime Minister Najib Razak said immigrants who have lived unlawfully in Sabah since the 1970s would not be spared.
Former chief minister Yong Teck Lee late last week said Conejos’s proposal was “irresponsible,” adding that “it is an indication” the Philippine government was “not looking after the welfare of (its) own citizens.”
Chief Minister’s Department Nasir Tun Sakaran said it was inconceivable for Malaysia to simply accept Filipino nationals on the basis that they had been staying in Sabah for a long time.
Deputy International Trade and Industry Minister V. K. Liew, who is also the Liberal Democratic Party president, said Conejos’ remarks were only a suggestion that Malaysia had every right to ignore.
Musa said Sabah was not against having migrant workers in the state, as they were needed to help in various sectors, particularly in the agriculture and construction industries.
“We want such workers to be properly documented with legal passes,” he said.
Conejos has said that while the Philippines recognizes Malaysia's sovereign right to decide who will stay and who chased out, the basic rights of the deportees should be observed.
The Amnesty International on Friday urged Malaysia to revise its plan to drive out Filipino and Indonesian illegal immigrants, saying the “simplistic and arbitrary action of mass crackdown” would “elevate the ongoing human rights and humanitarian concerns in Sabah and the region to a serious crisis level."
Amnesty said the immigrants include a large number of asylum seekers and refugees who had fled from the conflict-ridden Mindanao region in the southern Philippines to Malaysia's eastern Sabah state on Borneo island.
In addition, many are stateless people and migrants who had lived in Sabah for more than a decade, including children who now risk being expelled, it said.
Amnesty cited concerns such as cruel treatment of detainees, punishment including flogging under immigration laws, and lack of adequate health care in detention for women, children and other vulnerable groups.
In 2002, it said reports indicated that mass deportations of undocumented migrants led to deaths of children due to dehydration and disease in Sabah's detention centers.
Malaysian authorities estimated there are some 130,000 illegals in Sabah. But the state's politicians insist the real figure is several times that, and claim that foreigners outnumber Malaysians in some provinces.
The issue has long been a bitter grievance for Sabah politicians, who accuse the federal government of failing to oust job-seeking foreigners after their permits expire.
The Philippines has a long-standing claim over Sabah.
Americk told Malaysiakini that Balasubramaniam received a phone call from the police soon after his press conference yesterday to report to the Brickfields police station.
"The last time I saw Bala was at 4.45pm yesterday when he got a phone call from the police requesting that he meet them.
"I advised him that as a law abiding citizen, he should go and see them. So I fetched him to the Brickfields police station at 4.45pm yesterday and I haven’t heard from him since," he said stressing that he has failed to contact Balasubramaniam since this news broke out.
Balasubramaniam's statutory declaration was affirmed before commissioner of oaths Zainal Abidin Muhayat, bearing an address that is traced to Zul Rafique & Partners - a pro-establishment law firm owned by Zulkifly Rafique who is Federal Territories minister Zulhasnan Rafique's brother. .." - Malaysiakini, 4/7/2008, PI retracts stunning statutory declaration
"...Anwar lodged a report at the Selangor police headquarters against Musa [Inspector-General of Police Musa Hassan] and Attorney-General Abdul Gani Patail...He alleged that the duo had purportedly hidden facts and falsified information regarding Anwar’s case a decade ago...." - Malaysiakini, 2/7/2008 "Cops to probe Anwar's report against their boss"
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Al-Jazeera VDO on the Hindraf Demonstration in KL (25/11/2007)
