Public Transport for MALAYSIA not just Klang Valley please

Highlights of Budget 2009 as published by Star Online - and note that public transport plans all seem to be focused in the Klang Valley..what about the rest of the country

And just like every other Budget, we have the people who are all out to say "How Good It Is...?". Sometimes, I believe it is time that we shoot all these "ball carriers". Read it first - understand it...analyze it and then make your comments...

It is getting boring seeing how almost all BN Budgets have been GREAT --- welcomed by all (that is according to the mainstream media, of course,,,,)

Enhancing Health Services

* Excise duty specific on cigarettes increased by three sen from 15 sen per stick to 18 sen per stick. With this, the duty for a 20-stick pack of cigarettes is now increased by 60 sen.

Social Safety Net

* Eligibility criteria for welfare assistance under the Welfare Department, increased from a monthly household income of RM400 to RM720 for Peninsular Malaysia, RM830 for Sarawak and RM960 for Sabah.

* Government pensioners who had served at least 25 years upon retirement, will receive a pension of not less than RM720 per month, effective Jan 1 2009.

Prime Minister Datuk Seri Abdullah Ahmad Badawi presenting Budget 2009 to Parliament on Friday. - Starpic by Sia Hong Kiau

* The Government will now also set up a Special fund of RM25mil set up to channel financial assistance to victims of calamities such as floods and fire.

Eradicating Poverty

* Programmes to enhance income, as well as provide skills and career development training under the Skim Pembangunan Kesejahteraan Rakyat to be continued. In addition, Program Lonjakan Mega Luar Bandar is being implemented in Pulau Banggi, Sabah and Tanjung Gahai, in Kuala Lipis, Pahang.

* In 2009, RM50mil is allocated to build 1,400 new houses and repair 1,000 houses under the Housing Assistance Programme. Priority will be given to senior citizens, the disabled and single parents with many dependents as well as victims of natural disasters.

* RM580mil and RM420mil allocated for Sabah and Sarawak respectively to increase income and enhance quality of life of Malaysians there by improving basic amenities, such as electricity, water and rural roads.

* Households which incur monthly electricity bills of RM20 or less, will not have to pay for electricity, for the period from 1 October 2008 to end of 2009.

* The current tax rebate of RM350 per person be increased to RM400 for those with taxable income of RM35,000 and below.

* All interest income from savings for individuals be tax exempt.

* Reduce import duties on various consumer durables from between 10% and 60% to between 5% and 30%. These include blender, rice cooker, microwave oven and electric kettle.

Full import duty exemption on several food items, which currently attract import duties of between 2% and 20%. These include vermicelli, biscuits, fruit juices and canned sweet corn.

* Reduce the road tax on private passenger vehicles with diesel engines to be the same as those with petrol engines, effective 1 September 2008.

Enhancing The Welfare Of Employees

* Travel allowance for commuting to work provided by employers be given full tax deduction, while the employees receiving such an allowance be given tax exemption of up to RM2,400 per year.

* Tax exemption be given to employees on:

- Interest subsidies on housing, motor vehicles and education loans. The tax exemption will be limited to total loans up to RM300,000;

- Mobile phones, as well as telephone and internet bills paid by the employer;

- Staff discounts of up to RM1,000 a year on company traded goods;

- Staff discounts on services rendered by the company, such as private schools providing free education to children of their employees; and

- Childcare allowance of up to RM2,400 per year.

* Tax exemption on medical benefits provided by employers to include expenses on maternity and traditional medicine, namely acupuncture and ayurvedic.

* Effective Jan 1 2009, civil servants with a monthly household income of RM3,000 eligible for a subsidy of RM180 per month.

Improving Public Transportation

* A sum of RM35bil will be expended during the period 2009 to 2014 to improve public transportation.

* The existing LRT system in the Klang Valley will be extended by 30km, that is 15km respectively, for Kelana Jaya and Ampang lines. Upon completion in 2011, the extensions are expected to benefit 2.6 million residents in the Subang Jaya-USJ and Kinrara-Puchong areas, compared with 1.9 million currently.

* A new LRT line will be built along a 42km route from Kota Damansara to Cheras; to be completed in 2014.

* The commuter rail services of Keretapi Tanah Melayu Berhad (KTMB) will be upgraded. Rehabilitation works are being undertaken on the existing 20 Electric Multiple Units (EMUs) and are expected to be completed in 2009. An additional 13 new units of EMUs will be acquired and be operational by 2011.

* To reduce the operating costs of public transport operators:

- government will provide a soft loan facility of RM3bil under the Public Transportation Fund, administered by Bank Pembangunan Malaysia Berhad (BPMB), to finance the acquisition of buses and rail assets; and

- reduce toll charges by 50% for all buses, except at border entry points, namely Johor Causeway, Second Link and Bukit Kayu Hitam, for a period of two years, effective Sept 15 2008.

* Road tax will also be reduce to RM20 a year for all bus, taxi, car rental and limousine operators.

Food Security

* Sum of RM5.6bil is provided under the National Food Security Policy, for the period 2008 to 2010. This allocation is to provide incentives to agriculture entrepreneurs to reduce production costs and encourage higher agriculture output.

* RM300mil allocated to increase fish landings. Of this, RM180mil is in the form of cost of living allowance to fishermen and fishing boat owners, as well as RM120mil as incentive for fish landings.

* RM1bil allocation as incentives for 220,000 padi farmers throughout the country to increase padi production.

Generating Income Through Micro Credit

* RM160mil allocated to provide better education opportunities as well as improve health and basic amenities for the Orang Asli.

* A monthly allowance of RM150 to disabled who are unable to work. In addition, the monthly allowance for disabled students in special education schools, will also be increased from RM50 to RM150, while teaching assistants in these schools will be provided incentive payments of RM200 per month.

* In 2009, an allocation of RM330mil is provided to Jabatan Perumahan Negara to complete 4,400 units of Program Perumahan Rakyat (PPR) Disewa, 1,500 units of PPR Bersepadu and 600 units of PPR Dimiliki. In addition, Syarikat Perumahan Negara Berhad will build 33,000 low cost houses.

* For civil servants, tenure of new housing loans extended from 25 years to 30 years. They will also be provided housing loan facility for renovation works on houses not purchased through Government housing loan.

* For medium cost houses of up to RM250,000, a 50% stamp duty exemption is extended to the loan agreement on top of the 50% stamp duty exemption on the instrument of transfer.

* For companies contributing to charitable institutions, the limit of tax deduction be increased from 7% to 10% of aggregate income.

Improving Public Amenities

* Allocation of RM3bil to intensify efforts to further develop Sabah and Sarawak for infrastructure projects, including 266 km of federal and rural roads, benefiting more than 550,000 residents.

* An allocation of RM3.3bil is provided for Sarawak to implement various projects, including the construction of 230 km of federal and rural roads, benefiting more than 350,000 residents.

Second Strategy: Developing Quality Human Capital

* A sum of RM70mil is allocated in 2009 to train 5,600 nurses in training colleges under the Ministry of Health, with 2,000 in recognised private training colleges.

* To meet the need for new schools and replace dilapidated schools, 110 primary and 181 secondary schools will be built. In addition, to ensure that existing schools are well maintained, an allocation of RM615mil is provided.

* RM14.1bil to improve quality of learning at institutions of higher learning. Of this, RM8bil is for Operating Expenditure for public institutions of higher learning, RM627mil for polytechnics and community colleges as well as RM37mil for the Malaysian Qualification Agency.

Culture of Excellence

* The highest marginal tax rate for individuals be reduced from 28% to 27%, effective the year of assessment 2009. In addition, the marginal tax rate of 13% will also be reduced to 12%, which will benefit the middle income group.

* Recruitment costs, such as payments to employment agencies and participation in job fairs, be tax deductible.

Third Strategy: Strengthening The Nation’s Resilience

* To encourage private sector activities, tax treatment on group relief be enhanced by allowing losses for the purpose of offsetting be increased from 50% to 70%.

* An additional RM300mil under the Strategic Investment Fund to further strengthen private investment in Iskandar Malaysia.

Promoting Tourism

* New investments by 4-star and 5-star hotel operators in Sabah and Sarawak be given Pioneer Status with 100% income tax exemption or Investment Tax Allowance of 100% for 5 years.

* RM50mil for conservation works of heritage sites in Malacca and Penang to support activities undertaken by non-governmental organisations (NGOs) and private sector.

Promoting Venture Capital Companies

* Venture capital companies that invest at least 30% of their funds in start-up, early stage financing or seed capital be eligible for a 5-year tax exemption.

Promoting Small and Medium Enterprises

* All SME assets in the form of plant and machinery acquired in the years of assessment 2009 and 2010 be given Accelerated Capital Allowance to be claimed within one year. In addition, SMEs are allowed to claim full Capital Allowance on all small value assets within one year.

National Energy Plan

* Exemption of import duty and sales tax on solar photovoltaic system equipment, import duty and sales tax on intermediate goods such as High Efficiency Motors and insulation materials; sales tax on locally manufactured solar heating system equipment; sales tax on locally manufactured energy efficient consumers goods such as refrigerators, air-conditioners, lightings, fans and televisions; and 100% import duty and 50% excise duty on new hybrid CBU cars, with engine capacity below 2,000 cc, be given to franchise importers. This exemption is given for a period of two years to prepare for the local assembly of such cars.

Towards A Vibrant Capital Market

* Tax exemption be given on fees received by domestic intermediaries, which successfully list foreign companies and foreign investment products in Bursa Malaysia. This measure will also enable domestic investors to acquire shares of foreign companies listed in the local exchange.

* Current tax rate on dividends received by foreign institutional investors from Real Estate Investment Trusts (REIT) be reduced from 20% to 10%. Recognising that REITs is an attractive investment product for individuals as well, the Government also proposes a reduction in tax rate from 15% to 10%.

Ensuring Public Safety

* RM5.4bil is allocated in the 2009 Budget to enhance the capacity of the Royal Malaysian Police (PDRM). Of this, RM4.8bil is for Operating Expenditure and RM600mil for Development Expenditure.

* RM220mil is allocated in 2009 for the construction of police headquarters and stations nationwide.

* For the period 2008 to 2010, a total of 22,800 constables and 3,000 inspectors will be recruited. In addition, the special incentive allowance for PDRM personnel will be increased from RM100 to RM200 monthly, effective Jan 1 2009.

* All business premises installed with security control equipment be given Accelerated Capital Allowance, which is fully claimable within one year.

Civil Service

* A bonus of one-month salary, subject to a minimum of RM1,000 for 2008. The bonus will be paid in two instalments, namely in September and December 2008.

Paying for the BN fumble - in not excluding toll for Public busses, etc

Toll charges for buses slashed

Toll charges for buses to cut by 50 percent for the next two years. The government will spend RM45 million to compensate toll operators for this. - Malaysiakini, 29/8/2008 -Budget 2009: Salient points

The problem is the toll agreements that the Government entered with the toll operators - for it seems to be very much in favour of them toll operators - and the people suffer and suffer because of this. There was no transparency ...and even today, there is still no transparency with regard to them toll-agreements. It must be made public. There must be accountability. This is what we want.

The government cuts toll charges for busses -- but really this should have been an aspect of the toll agreement in the first place.

The agreement should have been that there will be no toll charges for public busses, taxis, other public transport vehicles, motorcycles, government vehicles-police, health, etc...

Now, the government ends up having to pay toll operators RM45 million so that busses only can enjoy 50% rates.

This RM45 million could have and should have been used to improve roads and public transport generally - now the Toll Operators get this money...they never lose.

And, how much is being allocated to improve public transport --- an interesting RM35 billion.

The problem with the BN government is that half of this may enter pockets of persons, and then the rest of it will be given to selected ...."government-linked" or "Minister/PM/DPM linked companies" who over-charges. We shall see...we shall see

To improve public transportation, the government has allocated RM35 billion in the next five years. - Malaysiakini, 29/8/2008 -Budget 2009: Salient points

The first think that has to be done is for the PM's son to have no more relationship with SCOMI and/or their related companies.... and SCOMI's involvement in public transportation in certain areas must be reviewed and posibly ended. In fact the PM, his family, his in-laws, (so too with his DPM, Minisiters, MPs and ADUN) should have no links whatsoever with the companies that get these public tranport projects...

Or, will we still be seeing a big portion of that billions allocated just going to them again...

Yang Berhormat Dato' Bung Mokhtar Radin (Ahli Parlimen Kinabatangan) telah bertanya dalam Dewan Rakyat berkenaan 1000 lebih bas milik Rapid KL yang tersadai dan tidak diguna.

Bas-bas ini dikatakan asalnya milik Intrakota dan City Liner yang telah diambilalih oleh Rapid KL yang dipercayai adalah milik Khazanah. Bas-bas ini masih boleh diguna atau boleh diperbaiki dan dijual oleh Rapid KL.

Tetapi Rapid KL tidak berusaha bersungguh-sungguh untuk mendapat balik sedikit pun daripada kos pembelian syarikat-syarikat ini.

Kenapa?

Kenapa?

Apakah Rapid KL begitu untung dan boleh tanggung rugi yang tidak kecil daripada menjadikan bas-bas yang dibeli olehnya sebagai besi buruk?

Rapid KL terkenal dengan jumlah besar bas baru yang dimilikinya. Umum tahu yang bas-bas ini kerap kosong. Oleh kerana ia adalah GLC dan melibatkan wang rakyat sepatutnya untung-ruginya diumumkan kepada orang ramai. Tetapi kita tidak pernah melihat kira-kira untung ruginya. Untung besarkah RapidKL dan Khazanah?

Kita bangga dengan design bas-bas yang dimiliki oleh Rapid KL. Ia amat moden. Saya ingin tahu siapakah yang membekal bas-bas ini. Saya percaya pembekal bas-bas ini meraih keuntungan yang besar kerana begitu banyak bas yang jelas dibeli oleh Rapid KL. Mungkinkah pelupusan dan write-off begitu banyak bas-bas lama adalah supaya bas baru dapat dibeli daripada pembekal tertentu? Jika ya, nampaknya Rapid KL diadakan untuk menguntungkan pembekal. Apakah adanya Rapid-Penang juga tidak mempunyai tujuan yang sama?

Apakah benar pembekal bas Rapid KL dan Rapid Penang ialah M-Trans yang dimiliki 100% oleh Scomi yang dimiliki oleh sipolan-sipolan yang mempunyai talian kekeluargaan dengan pemimpin besar negara?

Katanya pesanan untuk bas baru oleh Rapid KL adalah begitu banyak sehingga Scomi tidak dapat membinanya. Oleh itu Scomi dibenar import bas dari China. Apakah harga import dan harga jualan kepada Rapid KL? Apakah syarikat lain dibenar import bas baru dari luar negeri? Apakah duti import yang dibayar?

Disiarkan gambar-gambar Scomi Coach Sdn Bhd (dahulu dikenali sebagai M-Trans Sdn Bhd) yang berada di tempat yang sama dengan Scomi Rail Bhd (dahulu dikenali sebagai M-Trans Technology Sdn Bhd)

Penceroboh boleh ditembak

Bas-bas Rapid KL yang tersadai

Bas-bas baru Rapid KL yang sedang dibina di kilang Scomi

Kita juga dengar khabar angin bahawa Scomi juga dapat kontrak membekal unit-unit monorel untuk projek monorel di Pulau Pinang. Sekali lagi Scomi hanya akan membekal unit monorel sahaja dan tidak akan terlibat dengan pembangunan dan pengurusan sistem monorel di Pulau Pinang. Umum tahu pembangunan dan pengurusan tidak memberi keuntungan. Menjual unit monorel tetap untung terutama jika tidak ada tender atau tender di buat dengan spesifikasi yang hanya jenis unit monorel Scomi sahaja yang boleh menepatinya.

(Disiarkan dibawah gambar yang menunjuk rel untuk percubaan unit monorel yang terdapat di kilang Scomi Rail Bhd)

Rel untuk test unit. Dibelakang terlihat satu unit monorel di atas test-rail

Papan kenyataan Scomi Coach Sdn Bhd dan Scomi Rail Bhd

Source: chedet.com., posting entitled Rapid KL

I believe, when they started these toll highways, the BN government promised Malaysians that they will not only maintain the existing toll-free roads but will up-grade it all to 2-lane roads - but alas that seems not to have happened.

There are many places, where there is no real reasonable option but to pay the toll and use them toll-highways/roads. More often than not, it is also not smooth easy driving on these "private" roads because of road-works, etc..

Have these toll operators and road builders not been adequately compensated by the timber they exploited - by the land they obtained - by the control of even the food/drink outlets, petrol stations, etc..? Or, do they control it or not -- we do not know because we cannot see that Agreements...

How much did it cost to build the roads? How much have they been paid & collected through the toll payments? In fact, normally toll rates go down --- not up - but in Malaysia, it just goes up.

I believe Pakatan Rakyat promised the abolition of tolls -- or will they now say they never really did.

And when they cease power, the excuses will start to flow....and the people may end up continuing to pay tolls...

After September 16, hopefully we will have changes...not just of government BUT of a lot of things for the better.

KL Pakatan MPs wake up - ensure places of worships are there in KL 2020.

Earlier, I pointed that it was the failure of the BN government, the PM and his Cabinet - especially the Federal Territories Minister and his Deputy for failing to ensure that there is proper and adequate allocations for temples, churches, kuils, etc in the Kuala Lumpur Draft City Plan 2020.

Hindu Sangam, fortunately, pointed out their concern as to 'why plots of land for Hindu temples and crematoriums were missing in Kuala Lumpur Draft City Plan 2020'.

In response, out came the Federal Territories Deputy Minister 'blaming' the Hindu sangam for the delay in raising this point

That Deputy Minister Saravanan did wrong because the failings was that of the BN. Hindu Sangam is not govbernment - just an NGO with limited resources. Thankfully, they saw that big FUMBLE of the authorities - the government, and highlighted it.

The other group of persons who seem to have FAILED are those MPs of KL - I believe all of them, save one, are from the Opposition parties.

As 'wakil rakyat', it also means that you must monitor the situation... and ensure that temples, churches, etc are not erased from the territories of Kuala Lumpur come 2020 because no one disapproved Kuala Lumpur Draft City Plan 2020 in time.

MPs of KL from Pakatan Rakyat and that one from BN - do go and check the Kuala Lumpur Draft City Plan 2020. Ensure not just that all existing temples, churches, mosques, suraus, chapels, kuils, vats are still there in 2020 BUT also that there are NEW temples, churches, mosques, suraus, chapels, kuils,...

This trend of many persons having to rent commercial propewrty and use it for churches, temples, etc...should end.

There should be proper allocation of land and space for places of worship, cemetries, etc..

Malaysia should treat people based on love & care - not based on the kind of ID papers they hold, etc.

The present government in Malaysia (i.e. the BN government) and the next government in Malaysia (i.e. the Pakatan Rakyat government) must now state clearly their response and position with regard to issues concerning rights and realities migrants and their families.

One very humanitarian demands would be:-

Equal access to health care and medical facilities to ALL, irrespective of the status
- The practice of charging foreigners a lot more by government health care providers must stop
- The practice which requires an identity card/passport/formal papers before health care is provided must stop - realising that many are refugees.. or others that really do not have proper identification papers/documents - Human Care should supercede all such 'procedural requirements', that will deny access to medical treatment to the sick.
(A very bad proposal(in para 55) is to even suggest "health care insurance scheme" - because this will not cover all migrants, which also include the 'undocumented'. What happened to those without that "health care insurance" Just demand for FREE health care for all. )

Having read quickly, the statement below entitled "Malaysia National Consultation on the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers", which allegedly resulted after a 2-day meeting, i.e. on 13-14 August 2008 in Shah Alam, I must state that there are many GOOD things in that statement which I would have no problems with, and I have highlighted some of this in red.

I wonder really whether the participants had the opportunity to go through this lengthy 88 point statement with a fine-tooth-comb before agreeing with it, which I doubt. There are certain matters in this statement which are not correct (or inaccurate), some in ignorance of the reality, and some even which will have the effect of further depriving migrants of their rights. The statement also needs tightening up.

For example, Independent Police Complaints and Misconduct Commission (IPCMC) - that is what civil society is calling for, and I believe that is what this statement is talking about at para 52 not some new "Independent Commission for the Police".

Another example, with regard to domestic work - it is recognized in the law BUT the law specifically excludes rights and other protections in law that is accorded to other workers. So, what we want, is to remove these exclusions to enable domestic workers to enjoy all rights as other workers enjoy. Maybe, some additional provisions to deal with matters specific to domestic workers situation. { Para 29 states this "29. The Government should revise the Employment Act to ensure that domestic work is covered under the law and that domestic workers have recourse to redress under that law. ...}

There is also concern about only 'UNHCR-recognized refugees, etc'. Well. whilst the UNHCR is generally been doing good work BUT it also has its bias. The UNHCR allegedly does not accord those from the Shan State in Burma refugee status - and as such it may be best to talk about refugees, stateless persons, etc generally - not just limited to those accorded the status by just the UNHCR. By the way, how many Shan in Malaysia (or Thailand or anywhere) have been recognized as refugees by the UNHCR - and why this discrimination against the Shan?{para 60-65 deals with Refugees];

I do hope that organisations in Malaysia would carefully study this statement before endorsing it. Or maybe it be best left as a rough statement by invidual participants - not organisations.

Below a short write-up and that statement entitled "Malaysia National Consultation on the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers" , from the ALIRAN website:-

"...Representatives of civil society organisations and trade unions gathered in Shah Alam recently to conduct a National Consultation on the Protection and Promotion of the Rights of Migrant Workers under the auspices of the Task Force on Asean Migrant Workers mechanism. This is their collective statement.

National Statement

Malaysia National Consultation on the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers

13-14 August 2008
Shah Alam, Selangor

1. As representatives of civil society organizations and trade unions, we have gathered in Shah Alam, Selangor, on August 13-14, 2008 to conduct this National Consultation on the Protection and Promotion of the Rights of Migrant Workers under the auspices of the Task Force on ASEAN Migrant Workers mechanism. We recognize very clearly that Malaysia must play a central role in the deliberations and determinations of the framework of to protect and promote the rights of migrant workers in ASEAN because it is the destination country for the largest number of migrants in Asia. The economy and society of our country is integrally connected with the fate of these migrant workers since as many as 1/3 of the workers in our country are migrants. Yet for the major role that migration plays in the daily lives of Malaysians, we acknowledge that the policies of the Government of Malaysia towards migrant workers and their families have often been detrimental towards the rights of these migrants. Unfortunately, to date, the history of Malaysia’s treatment of migrants can best be characterized by the continued existence of many laws regulating migrant workers which remain largely unimplemented. We also see that there remain significant failures in good governance among civil servants at all levels when actions are taken to regulate migrant workers.

2. We believe that the fundamental problem that runs like a thread through Government migrant policy is the focus on treating migration as a matter of “security” rather than an issue that is more appropriately handled as a matter concerning “labour” by the Ministry of Human Resources. Migrants are invited to come to Malaysia to work and significant sectors of economy of our country remain dependent on their labour. Yet the Government continues to view migrants as a national security threat, and accordingly provided the leading role to the Ministry of Home Affairs (MHA). In our view, the MHA has continuously mismanaged the policy towards migrant workers, setting out systems that provide the green light for employers to restrict workers’ rights and systematically exploit their vulnerability, which in turn ultimately drives migrant workers to flee their employers and join the swelling numbers of undocumented migrants. By creating a climate of fear among migrants, MHA has made the country less secure by undermining the kinds of policy initiatives need to effectively manage migration for the mutual benefit of migrant workers, employers, and Malaysian society at large.

3. In spite of its ratification of CEDAW, and the concluding comments of the Committee on the Elimination of Discrimination against Women in 2006, the Government continues to fail to recognize the multiple sites and forms of discrimination experienced by migrant women, in particular domestic workers, including violations of employment rights, right to a life free from violence, right to reproductive rights, and the right to redress in cases of abuse and violations.

4. Malaysia has been the subject of sometimes severe criticism from neighboring nations in ASEAN about the treatment accorded to their nationals working in our country. In the spirit of a “sharing, caring ASEAN” to which we all aspire, we feel it is important that the Government of Malaysia receive this criticism positively, and take immediate steps to address the myriad problems that has been surfaced in these interventions. As representatives of Malaysian civil society and trade unions, starting from today we renew our commitment to do whatever we can to ensure Malaysia will play a much more positive role in ASEAN in promoting regional policies and mechanisms that respect and promote the rights of all migrant workers.

5. At the same time, it is also important to recognize that many of the NGOs, community-based organizations, and trade unions in Malaysia have worked diligently and selflessly to protect migrant workers, assist them with their needs, and intently involve them in discussions and actions aimed at empowering them to better defend their rights. Tens of thousands of migrants have benefited from this important work. Accordingly, we pledge to redouble our efforts, in cooperation with all stakeholders in Malaysia as well are diplomatic representatives and international organizations present in our country, to continuously work to build an atmosphere of acceptance and respect for the rights of migrant workers and their families.

6. Regarding the current situation of immigrants in Sabah, we believe that the Government’s current forced deportation of migrant workers, refugees and stateless persons constitutes intense human rights violations and will not resolve the root causes of the situation. Real solutions must come with recognition that the undocumented migrant workers, refugees and stateless persons in Sabah are deeply rooted in the fabric of local society and make major contributions to the economic growth of the state. Only by recognizing and legitimizing the presence of these persons will this serious situation be effectively and sustainably addressed.

Recommendations to the Government of Malaysia

Policy principles

7. As a leading country in ASEAN that is receiving migrant workers, Malaysia should effectively implement its commitment in article 8 of ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers, which states that Governments shall “promote fair and appropriate employment protection, payment of wages, and adequate access to decent working and living conditions for migrant workers.”

8. The Government should adopt a rights-based approach to migrant worker policy which adheres to the core principle of non-discrimination in all aspects of law and policy implementation.

9. With regards to terms and conditions of employment for migrant workers, Government policy should maintain “national treatment” as its core premise, meaning that migrant workers shall receive treatment no less favorable than that accorded to Malaysian workers.

10. To ensure that these principles are infused throughout all aspects of policy, the Government should immediately sign and ratify the UN Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and take all necessary steps to harmonize national laws with this Convention.

11. As a leading member of the ILO in the region, the Government of Malaysia should ensure that its treatment of migrant workers conforms with the ILO’s Decent Work Principles that call for respect for basic human rights, access to employment, safe and healthy working conditions, and social security.

12. We commend the Government for ratifying many of the core ILO Conventions, including Convention 29 (Forced Labour), 98 (Collective Bargaining), 100 (Equal Remuneration), 138 (Minimum Age), and 182 (Worst Forms of Child Labour).

13. We call on the Government to immediately ratify the remaining core ILO Conventions, including 87 (Freedom of Association) and 111 (Discrimination), and to reverse its decision to denounce its ratification of Convention 105 (Abolition of Forced Labour).We also call on the Government to undertake to ratify ILO Conventions 97 (Migration for Employment) and 143 (Migrant Workers).

14. As a member of the UN Council on Human Rights, we believe that it would be an important signal to the people of Malaysia, the migrant workers, and the international community for Malaysia to ratify without delay the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights.

Policy determination, management and coordination

15. Jurisdiction for formulation and implementation of policies focusing on migrant workers should be transferred immediately from the MHA to the Ministry of Human Resources (MHR) which has the necessary expertise to oversee migrant workers policy as part of the overall labour policy. We believe that the MHR is best positioned to determine demands by employers for foreign labour, conduct workplace assessment and inspections, and to investigate and address complaints raised by migrant workers alleging problems at their workplace.

16. A new inter-ministerial coordination system on policies and practices towards migrants is needed to ensure effective implementation of migrant workers policy. This inter-ministerial/departmental body must be chaired by representative of the MHR and it should set up systems (coordinated by the MHR) to direct all matters pertaining to the recruitment, placement, and employment of migrant workers, and set out a clear policy outlining practical steps to be taken to increase the protection and promotion of the rights of migrant workers. Representation from the following Ministries will be required for this new inter-ministerial/department body – Human Resources (chair), Home Affairs, Health, Foreign Affairs, Women’s Affairs, and Education. This body should also actively reach out to civil society organizations and trade unions as it develops its policies.

17. MHA’s role should be restricted to handling the aspects of entry and exit of migrant workers only.

Recruitment and placement

18. The Government of Malaysia should immediately abolish the system of “outsourcing” under which 226 outsourcing companies have been issued licenses by the MHA but have operated with impunity in exploiting migrant workers and abusing their rights. Based on our experience, the “outsourcing” system has significantly fueled grievous abuses by creating bonded labour arrangements and effectively encouraging human trafficking for purposes of labour exploitation. This system serves to enrich only a select few brokers and their cronies while sullying the reputation of our country throughout the region.

19. In place of this system, the Government should negotiate bilateral agreements with labour sending countries based on a standardized agreement (developed in a transparent consultation process with Malaysian civil society and trade unions) that is in accordance with international labour standards. These agreements should contain clear information about sectors of work, and terms and conditions of work in those sectors. Direct employers would then be empowered to work through the MHR and these bilateral agreements to recruit the workers they need.

Any recruitment fees should be paid by the employer.

20. We recommend that the Government insist that as part of these arrangement, standardized migrant worker contracts would have to be signed in the sending country, specifying all terms and conditions of work, and made in both the migrant’s native language and English. These contracts should be developed in line with guidelines set by the MHR, and these guidelines should conform to international labour standards and set out minimum wages and conditions of work. Upon arrival, the Government should oversee the attestation of the contracts, and ensure that the contracts are recognized by employers and enforced. Government polices should be developed to severely punish cases of contract substitution by employers.

21. The Government should abolish the Foreign Worker Levy, which is a failed policy that further impoverishes migrant workers. The monies accumulated from the levy are not being provided for benefits or services for the migrant workers, and it has not had the intended effect of deterring employers from seeking foreign labour. Since the costs of the levy are passed to the worker, the levy has contributed to the deepening of debt bondage among workers.

22. The Government should mandate the creation of a pre-employment orientation program (in migrant workers’ native language) for migrant workers when they arrive in Malaysia, focusing on ensuring that migrant workers are aware of their rights and responsibilities under all relevant laws and policies concerning migrant workers and receive information about avenues to seek support and assistance in difficult situations. The Government must ensure that the costs of this orientation are borne fully by the employer and not passed on to the worker.

23. Our experience with numerous cases of migrant workers show that the tying of a migrant worker to one employer by contract, with provisions providing for immediate deportation if the worker is dismissed or otherwise unable to work, creates ideal conditions for exploitation of that worker. Therefore, we strongly recommend that the Government review and revise the Work Permit procedure, and provide workers the right to change employers through institution of a “portable” Work Permit registration system. The Government should also hold accountable those employers who negligently fail to renew their employees’ work permits.

24. The Government should consider amending the regulations for the Special Pass to provide longer periods of validity, and provide the Special Pass as a method of regularizing undocumented migrant workers who have lost their jobs through termination or other circumstances. The Special Pass could bridge the period of time while the migrant worker seeks and finds a new employer, and provide an avenue to seek a new Work Permit.

Working and living conditions

25. Migrant workers in Malaysia currently suffer from a wide variety of difficult, dangerous and dirty conditions in their work, and face significant challenges in earning sufficient wages to support themselves and provide support to their families back in labour-sending countries. In our experience, among the litany of abuses suffered by workers are long work hours and no days off, shifting placements, requirements to do multiple jobs, poor wages, lack of benefits, restrictions on the mobility and/or confinement to the workplace, poor housing conditions (connected to overcrowding, lack of proper food preparation and sleeping areas, lack of hygienic facilities for bathing and toilets), restrictions on seeking medical treatment, withholding of passport or other ID documents, denial of access to family and friends, prohibitions on practicing religion, and restrictions on their right to form associations or unions that can protect their rights. Migrant workers often suffer from contract substitution on arrival, compounded by employers’ failure to fulfill even the terms of the substituted contract – yet they can not leave their employer without fear of being fired and then immediately be deported.

26. The Government should implement a national minimum wage of 900 RM per month, supplemented by a 300 RM cost of living supplemental payment, and ensure that all migrant workers are paid no less than the minimum wage.

27. The Government should immediately revise the MHA policy connected to issuance of work permits which contains a prohibition on migrant workers joining associations of any kind. This policy is in violation of the Trade Union Act of 1959 and the Industrial Relations Act of 1967, both of which place no restrictions on the right of migrant workers to join unions. The Government should similarly take punitive action against employers inserting clauses into employment contracts that restrict or prohibit migrant workers from joining trade unions.

28. The Government should pro-actively proclaim its recognition of the right of migrant workers to establish, join, and hold positions in trade unions and should strongly enforce provisions in the law prohibiting harassment and dismissals of migrant workers for trade union activity.

29. The Government should revise the Employment Act to ensure that domestic work is covered under the law and that domestic workers have recourse to redress under that law. Policies should be established to ensure that domestic workers have at least one day off with pay per week, and that employers do not interfere in any way with migrant domestic workers’ right to communication with family members.

30. The Government should strictly enforce the provisions of the Passports Act of 1955 and sanction employers who seize and hold migrant worker’s passports. Furthermore, the Government should issue standard documentation (for example, migrant ID cards) for migrant workers, which can then be used by migrant workers to prove legal presence even in cases where they have had their lost their passport, or had their passport seized and held by the employer.

31. The Government has an obligation to safeguard the living and housing conditions of migrant workers and ensure that migrant workers are provide hygienic conditions and not subject to overcrowding. Migrant worker accommodations should comply with all applicable public health and housing regulations, as well as the Housing and Amenities Act. The MHR should play a leading role in coordinating with other Ministries and agencies to ensure that migrants are provided with appropriate accommodation and to penalize employers who continue to flout the requirement for safe and healthy housing for their workers.

32. The Government should insist that employers be responsible for the provision of nutritious food at reasonable cost in sufficient quantities to ensure continued good health of migrant workers, or provide sufficient and hygienic facilities, and opportunities to purchase raw ingredients, so that migrant workers can prepare their own food.

33. The Government should strictly apply and enforce the Occupational Safety and Health Act to protect the health of migrant workers. Workers injured in workplace accidents should have the right to compensation from their employer and from the Government. Compensation for injured migrant workers should be paid for the Social Security Act and not the Workman’s Compensation Act.

34. In terms of use of violence and sexual harassment against migrant workers, the Government should develop a Sexual Harassment Act which provides guidelines on stopping sexual harassment/violence. The Act should also include provisions that mandate effective education of employers about sexual harassment. The legislation should be developed in a participatory way with the involvement trade unions, employers and NGOs to ensure that the Act is both practical and can be effectively implemented. For migrants who suffer from violent attacks either inside or outside of the workplace, provision should be made to make counseling available to them.

Trafficking in persons

35. The Government is to be commended for the passage of the Anti-Trafficking in Persons Act (ATIP) which criminalizes trafficking in persons for all end purposes, but there are still significant problems in enforcement of the law that must be addressed. We are prepared to work closely with the Government to achieve effective implementation of the law, but this requires the commitment of key Government agencies to work with us in a transparent, sincere and honest manner as respected partners who have the interests of the victims at heart.

36. The Government should provide effective training to key officials of the agencies mandated under the Act to ensure they understand the procedures of implementation and enforcement of the Act, methods of identification of victims, and use of appropriately gender sensitive procedures which will protect victims.

37. The Government should also educate its personnel on the issues surrounding trafficking for labour exploitation so that law enforcement personnel are able to understand trafficking occurs in many forms and for many end purposes, and not only just sex trafficking.

38. In cases where corruption among Government officials is reasonably suspected to have occurred in relation to human trafficking, the Government must take strict, fast and effective measures to identify those responsible and take appropriate actions, including dismissal and action against them under law.

39. To provide adequate support for victims of human trafficking, the Government should dedicate resources and personnel to open shelter(s) in each State.

40. In order to ensure effective enforcement of the ATIP Act and the root causes that facilitate trafficking in persons, the Government must enact a Whistleblowers/Witness Protection Act.

41. The Government should pay special attention to the protection of highly vulnerable groups, such as stateless persons, asylum seekers, and refugees to ensure that they do not fall victim to trafficking.

Law enforcement and access to justice

42. Arrest and detention of undocumented migrant workers should be treated as an administrative offense, and not a criminal matter.

43. The Government should immediately disband RELA because the original rationale for their existence is no longer valid, they poorly trained in law and law enforcement, and as a unit, they are responsible for significant abuses of their powers and human rights abuses which have brought much criticism against Malaysia from the international community. Moreover, there is little indication that they are screened in hiring, their authority is ill-defined and arbitrary, and methods of oversight and accountability are not sufficiently transparent to inspire our confidence. Accordingly, RELA’s entire resources should be re-allocated to official law enforcers like the police, and to building up the capacity and personnel (possibly through new hires) of the police.

44. The Government’s use of whipping to penalize workers arrested for immigration offences must immediately be stopped, and the Government should ratify the UN Convention Against Torture to ensure that these practices cease permanently.

45. We believe the Government is responsible for ensuring that migrant workers are given an avenue to access and pursue justice. The current dysfunctional system of the “Special Pass” needs significant attention and reform. The duration of the Special Pass (one month) is too short, and the criteria for granting it are unclear and should be clarified. Therefore, the Government should endorse and implement the proposal of the Malaysian Bar Council “Memorandum Relating to Special Pass”, dated 16 July 2008, and immediately implement the following policies contained in that memorandum:

• Allowing migrant workers in legal procedures to work – by creating a process to allow a migrant worker to pursue legal remedies by issuing workers with a “special pass” followed by a “visit pass”. The special pass provides would provide the opportunity for the worker to stay in Malaysia and seek employment while their court case is proceeding, and then if they locate employment, the visit pass could be issued to allow the migrant to work until the final resolution of the migrant worker’s court case;
• A policy decision should be taken to allow the “visit pass” to be issued to migrants for temporary employment but to waive the requirement for the visit pass to only be given to a foreigner who is outside the country when applying;
• Eliminate unreasonable requirements – such as the need to secure a letter from a Court – before the special pass can be issued;
• Waive the 100 RM a month cost for the special pass;
• Fast-track applications of migrant workers when processing the special pass and the visit pass.

46. Migrant workers, regardless of status, should have the right to access justice. The Government should recognize the continuum of legal rights of a migrant worker, regardless of his/her immigration status, and make provisions to enable them to realize this right.

47. The Government should provide resources to extend legal aid to migrant workers, thereby supplementing the efforts of NGOs and the Malaysian Bar Council.

48. Access to justice requires that migrant workers understand the legal proceedings which they are involved in. The Government must develop effective and practical mechanisms to provide translation and interpretation services for migrant workers with cases before the Courts.

49. The Special Courts set up in detention centers remain isolated from provisions such as legal aid/right to legal representation, interpretation services, access to prepare a defense, and other requirements required for the realistic delivery of justice. The Government should immediately integrate immigration cases into the main legal system, and end use of Special Courts in detention centers.

50. The Government should immediately establish and empower an independent Commission of Inquiry to investigate the prevailing conditions and treatment of migrant detainees in detention centers. The Government should provide the Commission with resources and personnel sufficient to conduct a full inquiry and ensure the full cooperation of all Government officials with the Commission. The final report should be made public and the recommendations fully considered for implementation by the Government.

51. The Government should adhere to the United Nation Basic Principles for the Treatment of Prisoners 1990 and end punishment/whipping of migrant workers in detention centers.

52. Finally, to counter well-documented allegations of continuing corruption among law enforcement officials, the Government should establish an Independent Commission for the Police.

Health, safety, education and social dimensions affecting migrants

53. Mandatory health testing shall not be a pre-condition for employment. The Government should employ a rights-based approach towards the testing of the health of migrant workers, including voluntary testing, with provision of counseling and access to treatment for migrant workers.

54. The Government should cease mandatory testing for HIV and other treatable diseases for migrant workers while also providing access for treatment for migrant workers through the public health system so that they can recover their health. Workers who wish to change employers to enable them to better recover their health (such as moving to less physically challenging job, or moving to a job closer to the hospital/health facility where they are being treated) should be permitted to do through the use of “Special Pass” until they find a new job and receive a new Work Permit.

55. In line with the principles of non-discrimination, and to support better and more effective public health response for Malaysian society (since migrants compose one-third of the work force), it is imperative for the Government to allow migrant workers access and enjoyment of the same medical benefits that Malaysian citizens are entitled to in the public health system. Health care service should be provided to migrants irregardless of status, and special attention should be placed on provision of gender sensitive health care information, and reproductive health information and services for all migrants. One alternative that the Government should consider is to create a high quality, portable health care insurance scheme – with the proviso that it should not be prohibitively expensive and employers should pay the costs for migrants.

56. Migrant workers being held in detention centers face significant challenges to their health as a result of overcrowding, unhygienic conditions, and maltreatment. Current access to detention centers is quite limited, with treatment usually only available through a medical orderly based at the detention centers and some access by NGOs to operate mobile clinics. The Government should provide significantly increased access to detention centers by international agencies and NGOs so as to enable them to provide additional support for health care in the centers. More nutritious food should be provided, and efforts made to address other conditions deleterious to good health in the centers.

57. In light of its commitment as a signatory to CEDAW, the Government should end its policy of deporting pregnant migrant workers.

58. In line with its commitment as a signatory of the UN Convention on the Rights of the Child, the Government should provide free education for all including for children of migrant workers, refugees, asylum seekers and stateless persons, and should ensure that children of migrants are provided with documents that allow them equal access to the same health care services that are received by a Malaysian child.

59. The right to love and marry should be inviolable, and the Government should end policies that penalize marriage with loss of employment. For foreign workers who marry a Malaysian citizen, the person should be able to independently apply for, receive, and renew a spouse visa.

Refugees and stateless persons

60. The Government of Malaysia should immediately ratify the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees, and recognize the status of those persons screened and accepted as refugees by the Office of the United Nations High Commission for Refugees (UNHCR). The Government should scrupulously respect the principle of non-refoulement and set out appropriate procedures with UNHCR to ensure that refugees are not deported.

61. The Government should ensure civil servants and law enforcement officials at federal, state and local levels respect the inviolability of UNHCR documents issued to refugees, and issue directives forbidding confiscation or destruction of said documents. We recommend that directives be made by the Government to officials at all that levels that in cases where a person carrying UNHCR issued documents is detained, the office of UNHCR shall be immediately informed and arrangements made for the release of the person into the care of UNHCR.

62. The Government should provide UNHCR-recognized refugees with the right to work under the applicable laws and regulations governing the employment of migrant workers in Malaysia.

63. The Government should provide access to detention centers by UNHRC officials to allow them to screen for asylum seekers.

64. In line with Malaysia’s commitments as a signatory to the CRC, all children in Malaysia should be given birth registration regardless of the status of their parents.

65. Government shall publicly recognize the right of stateless persons, especially children, to access social services such as education, healthcare, and other important services.

Recommendations to the Malaysian Parliament

66. We recommend that the Parliamentarians of Malaysia should play a leading role in forming a new Labour and Migration Caucus at the forthcoming meeting of ASEAN Inter-Parliamentary Assembly (AIPA) which will be held in Singapore on September 18, 2008. This Caucus should be tasked with intervening with the national Governments and the ASEAN Secretariat to ensure follow-up action is taken to fully implement the commitments made by the ASEAN governments in the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers.

Recommendations to Suhakam

67. We applaud the Declaration of Cooperation in Bali made on June 26-28, 2007 between the four national human rights institutions established in ASEAN, which includes Suhakam and the national human rights institutions of Indonesia, the Philippines, and Thailand. One of the areas of work to be undertaken under that Declaration is “protection of human rights of migrants and migrant workers.” Leadership in this area has been assigned to Suhakam. We believe that it is critical for Suhakam to play a dynamic leadership role on human rights of migrants, and we call for Suhakam to immediately convene a workshop in Malaysia, hosting its fellow national human rights institutions, to launch a campaign of closer cooperation among these institutions on the issue of migrant worker rights in ASEAN. We believe that Suhakam and its fellow national human rights institutions should deepen the regional commitment to protect and promote the rights of migrant workers. The proposed meeting should set out a plan of action for the four national human rights institutions to move forward on common activities on the portfolio of migrant workers rights in ASEAN. These activities should be planned and implemented in coordination with civil society organization and trade unions, and the members of the Task Force on ASEAN Migrant Workers.

Recommendations to Asean

Policies affecting migrant workers and their families

68. We urge the Member States of ASEAN to immediately ratify all eight core ILO Conventions1, and ensure that their national labour laws, especially those laws governing migrant workers, are harmonized with the standards contained in those core ILO Conventions.

69. We further urge all the Member States of ASEAN to ratify ILO migrant worker Conventions 97, 143 and 181 as well as the UN International Convention on the Protection of the Rights of Migrant Workers and Their Families.

70. We strongly recommend that the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers shall be considered to apply to all migrant workers present in ASEAN countries, regardless of their country of origin.

71. The ASEAN Governments should collectively ensure the implementation of the Vientiane Action Program concerning human rights matters.

72. ASEAN should play a critical role in consultation with the member Governments of both labour sending and receiving countries to ensure that intending migrant workers are not charged exorbitant recruitment fees to secure foreign employment. Excessively high recruitment fees only serve to deepen the debt of a migrant worker, contributing to vulnerability to debt bondage and trafficking.

73. The Governments of ASEAN should recognize the phenomenon of “statelessness” in the region, and seriously consider the fact that lack of status greatly increases the vulnerability of stateless migrant workers to exploitation. Accordingly, the Governments should publicly acknowledge the right of all persons to health and education services and acknowledge and recognize birth certificates issued by any ASEAN Government.

74. The right of all citizens of ASEAN countries to hold their own passports and Government-issued identity documents should be considered inviolable. This principle contrasts with the reality that brokers, agents, and employers routinely and systematically seize their passports and documents. Member States of ASEAN should adopt a clear no-tolerance policy that imposes tough punishments on all persons who seize or hold migrant workers’ documents.

75. The Member States of ASEAN are urged to ensure that migrant domestic workers are specifically included in coverage of the national labour law.

76. All the member Governments of ASEAN have ratified both the UN Convention on the Rights of the Child (CRC), and the UN Convention on Elimination of Discrimination Against Women (CEDAW). Therefore, in compliance with the provisions of the CRC and CEDAW, each Government must ensure that all children born to migrant workers should be provided with birth registration and access to education and health care.

77. Since all ASEAN Governments have ratified CEDAW, they should ensure the rights of migrant women, particularly domestic workers, are protected and that in cases of violations and abuse that there are viable avenues of redress, including effective laws, policies and programs which are in accordance with the principles of equality and non-discrimination.

78. Since it is clearly recognized that there is a trend of increasing feminization of migration in ASEAN, we strongly believe that the Member States of ASEAN should set out clear gender-sensitive policies on migration, and ensure that Government practices towards migrants reflect these gender specific migration policies.

79. Each Government of a labour-sending countries should clearly designate a focal point within their Embassy in each labour-receiving country to handle complaints and problems faced by their nationals who are migrant workers. Shelters or safe house arrangements should be made by each Embassy to support their migrant workers in serious distress.

80. The Member States of ASEAN should immediately ensure the end of all arrangements which devolve law enforcement authority over migrants to persons who are not law enforcement officials with permanent civil servant status in the Government. It is vital that the Member States of ASEAN take clear steps to protect all migrant workers from any form of human rights abuse perpetrated by civilian auxiliaries/groups.

81. Recognizing that quality of health of a migrant worker does not just affect the worker, but also his/her family residing in the country of origin, we recommend that the Member States of ASEAN create an effective scheme of high quality, portable health care insurance for migrant workers

82. ASEAN should develop a regional system, in coordination with civil society and representatives of migrants, which steps away from the current emphasis on mandatory testing of migrant workers for HIV. The new system would be based on voluntary testing of migrant workers and ensure universal access to treatment for those who test positive.

83. Given the importance of migrant worker remittances to the economy of the migrant’s origin country, a dependable, accessible, and low-cost system for transmitting remittances in ASEAN is vital. The Member States of ASEAN are urged to support the creation of such a remittances system, whether implemented by the private sector, trade unions and civil society organizations, or Government agencies.

84. All ASEAN countries should publicly acknowledge international migrant’s day (December 18) and grant a public holiday to migrant workers to celebrate this important day for affirming their rights.

Asean processes and steps forward

85. We recommend the ASEAN Member Governments should agree that the “instrument on the protection and promotion of the rights of migrant workers” to be developed (as called for in paragraph 22 of the ASEAN Declaration on the Promotion and Protection of the Rights of Migrant Workers) will be a binding instrument on ASEAN Member States.

86. The National Consultation strongly encourages the ASEAN Secretariat to take pro-active and immediate steps to encourage each member Government of ASEAN to immediately appoint their national focal point to the ASEAN Committee to Implement (ACI) the Declaration on the Protection and Promotion of the Rights of Migrant Workers, as called for in the resolution adopted by the ASEAN Foreign Ministers on July 30, 2007.

87. When constituted, the ASEAN Committee to Implement (ACI) should take immediate steps to formulate the ASEAN Instrument for the Protection and Promotion of Migrant Workers (as called for in Article 22 of the ASEAN Declaration on Migrants), and should ensure the Framework Instrument contributes directly to the harmonization of national labour laws of ASEAN members with the eight ILO core Labour Conventions and the UN Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The Member States of ASEAN should give those focal points the necessary authority, and task them to engage substantively with the Task Force as it develops civil society’s draft ASEAN Framework Instrument on the Protection and Promotion of the Rights of Migrant Workers.

88. Reflecting the fact that migration frequently involves movement across borders, ASEAN should develop an effective regional collabourative mechanism to work on issues of labour migration and human trafficking focusing on the predicament of undocumented migrant workers and their families, and stateless persons.


Done in Shah Alam, Selangor
14 August 2008

UNISEL Board of Directors - Is Pakatan Rakyat any different from BN?

Will Pakatan Rakyat be any different from the Barisan Nasional?

I really wonder when I just saw that 4 persons were just appointed as members of Board of Universiti Industri Selangor (Unisel) - and I noted that they were all from one ethnic group. Then, I went to the UNISEL website, and again I saw that ALL the members of the Board of Directors were again were from one ethnic group only.

This Universiti Industri Selangor (Unisel) is wholly owned by the Selangor State government - now a Pakatan Rakyat government

Selangorians are of different ethnic groups - and maybe, consideration was purely on merit and qualification, and it was only a coincidence that ALL the members of the Board of Directors are from one ethnic group.

I have also noted earlier that all the Mayors and the Heads of the Local Councils in Selangor are also from ONE ethnic group - maybe again it was based on the merits, and there were no one from any other ethnic groups that had the required qualification.

I believe in choossing the best person for the job - BUT the facts mentioned above makes me wonder whether such was the case - or was it an act of positive discrimination in favour of one ethnic group.

When Pakatan Rakyat came into being - I hoped that things would change --- but looking at what the Selangor MB and the Pakatan Rakyat State government is doing, it makes me wonder.

I believe that there should be no ethnic or religious considerations in the choice and/or the appointment of the Menteri Besar, Deputy Menteri Besar, Speaker Dewan, State Secretary, Local Council Heads and members, Penghulus, Mayors, PKNS Head and Board members, UNISEL members of the Board... Noting also the multiracial, multi-religious and the multi-cultural nature of the people of Malaysia(Selangor) care must be taken to reflect this in the appointment by the State government.

Unisel Lantik Empat Ahli Lembaga Pengarah Baru

SHAH ALAM, 19 Ogos - Universiti Industri Selangor (Unisel) mendapat empat ahli lembaga pengarah baru berkuatkuasa 14 Ogos lalu.

Empat Ahli Lembaga Pengarah berkenaan ialah Naib Presiden Bahagian Pendidikan Petronas, Datuk Dr Rosti Saruwono, Pengerusi Perunding Bakti Sdn Bhd yang juga bekas Naib Canselor Universiti Putra Malaysia, Dato' Dr Ir Muhamad Zohadie Bardaie, Pengerusi Perisai Petroleum Teknologi Bhd dan bekas Ketua Pegawai Eksekutif SIRIM Berhad, Datuk Dr Mohamed Ariffin Aton serta peguambela dan peguamcara, Faekah Husin.

Ketika mengumumkan pelantikan tersebut, Dato' Menteri Besar, Tan Sri Abdul Khalid Ibrahim berkata mereka dilantik berdasarkan pengalaman luas dalam pentadbiran dan pengurusan perkhidmatan akademik.

"Sebagai Ahli Lembaga Pengarah yang baru, mereka bertanggungjawab membantu meningkatkan kualiti pendidikan di Unisel," katanya dalam sidang media selepas merasmikan Zirkon@7 08 satu pameran seni visual Fakulti Teknologi Seni Lukis dan Seni Reka Industri (FTSSI) Unisel di Galeri Shah Alam petang tadi.

Dengan empat lantikan tambahan itu, Unisel mempunyai 13 Ahli Lembaga Pengarah.

Abdul Khalid berkata pelantikan mereka adalah antara langkah awal kerajaan negeri menjadikan Unisel sebuah universiti yang mempunyai daya saing serta melahirkan graduan yang bersedia bertugas di peringkat antarabangsa.

Sementara itu ketika mengulas mengenai kekosongan kerusi Naib Canselor yang kini dipangku Prof Dr Khalifah Othman, beliau berkata pemilihan akan dibuat oleh satu jawatankuasa yang telah dipilih.

"Sasaran kita ialah sebelum akhir tahun ini," katanya.

Beliau berkata tiga Timbalan Naib Canselor akademik, hal ehwal pelajar dan pentadbiran juga akan turut dilantik.

"Oleh kerana kita dah ambil mereka-mereka yang mempunyai keupayaan mentadbir universiti, jadi mereka ini boleh memberi pendapat dan berkongsi pengalaman dari segi pemilihan yang terbaik untuk Unisel," katanya. - NOOR ALLIA KASSIM

[http://www.suaraselangormaju.com.my/index.php?option=com_content&task=view&id=504&Itemid=1]

I then went to to website of UNISEL, and found that it was wholly owned by the Selangor State Government - and the list of Board of Directors are as follows:-


Board of Director

---

Y.B.Dato' HajiRamli Bin Mahmud Members	Y.B.Dato' Mohd Arif BinAb.Rahman Members	Y.B.Datin Paduka Zauyah Be Binti T.Loth Khan Members
Y.B.Dato' Ahmad Nawawi Bin Dato'M.Zin Members	Y.Bhg.Dato' Haji Abd Karim Bin Munisar Members	Y.Bhg.Tuan Haji Takril Bin Tasuki Members
Y.Bhg.Dato'Dr. Mohd Taib Bin Hashim Members	Y.Bhg.Dato'Dr. Adnan Bin Alias Members	Y.Bhg.Dato' Yusli Bin Mohamed Yusoff Members
Y.Bhg.Dato'Prof.Ir.Dr. Sahol Hamid Bin Abu Bakar Members	En.Mazli Bin Mokhtar Company Secretary

Anwar wins by BIGGER majority - BN losing even more support

UPDATE:-

9.50pm: Official EC tally - Anwar got 31,195 votes, Arif Shah, 15,524, Hanafi, 92. Anwar won with a majority of 15,671.

Anwar's wife, Dr Wan Azizah Wan Ismail, won the seat with a 13,388 majority at the March 8 general elections.

The official voter turnout was 81.1 percent, or 47,410 out of 58,459 registered voters - which was much higher than what the EC had stated earlier. There were 599 spoilt votes.- Malaysiakini, 26/8/2008

So, why did the Election Commission lie earlier about voter turnouts...???

According to EC secretary Kamaruzaman, 38,144 voters went to the ballot box today with turnout being 65.25 percent. This is much lower than the 82 percent turnout at the March 8 general elections - Malaysiakini, 26/8/2008

I swear ... you swear.. Permatang Pauh decides only its MP, nothing more

Looking at the Permatang Pauh by-election, one can only see how 'sad' the contesting parties have become..

It seems that the issue of whether Anwar is guilty of sodomy or not seem to be the pre-occupation during this by-elections.

We had that Saiful coming out and swearing that he was sodomized by Anwar just before nomination day - and then ....

...over on the Pakatan Rakyat stage - we have Uztaz Ramlang Porigi from the FT Mosque openly raises doubts on Saiful's oath that he was sodomised by Anwar. He was there when Saiful did his swearing... He raises doubts about the sincerity...etc

Then, we have good Najib, our DPM, also getting into this swearing bit , whilst playing football alone....

Deputy Prime Minister Datuk Seri Najib Tun Razak has challenged PKR de facto leader Datuk Seri Anwar Ibrahim to come clean and “cleanse his morality the Islamic way.”

“That is what the voters of Permatang Pauh want. Bersihkanlah moral cara Islam (cleanse your morality the Islamic way).

VIP kick-start: Najib kicking off a football match at the Sukan Rakyat at Padang Sukan Taman Semilang yesterday. — Bernama

“Anwar says he cannot trust the police, courts and doctors. Don’t tell me even in Allah he does not trust?” he told reporters while visiting Taman Sembilang in Seberang Jaya yesterday.

Najib, who spoke at a gathering in Taman Sembilang and later visited a Barisan operations centre there, said the people did not want someone who was famous in London, Bangkok and Singapore.

“These were the places he took his alleged ‘coffee boy’ Mohd Saiful Bukhari Azlan to. Now he has denied everything,” he said, adding that Datuk Arif Shah Omar Shah was not known internationally but he would serve the people well. - Star Online, 25/8/2008 -Najib challenges Anwar to come clean the Islamic way

There is an interesting story in the Bible where a women caught allegedly commiting adultery is about to be stoned, when Jesus wonders along - and says to them potential stonners "He, who has not sinned shall cast the first stone"... and no one was there to cast any stones.

Mohd Najib Razak - I remember, it was you, who did first come out and give all Malaysians the false impression that you did not know...have not met Mohd Saiful Bukhari Azlan. Saiful was only an acquaintance of your staff....

THEN, later out came the TRUTH that Saiful interestingly came and did meet you - even before he did make any police report alleging sodomy (possibly before even he went to that PUSRAWI Hospital, etc...)

I believe that you have been dishonest...Mohd Najib Razak.

There has been a whole lot of talk that you are involved in that Mongolian woman's case - that now deceased Altantuya's case.

In fact, we all still remember what PI Balasubramaniam said in his 1st Statutory Declaration - which mysteriously was all attempted to be cancelled out by the 2nd SD - and then the PI and his family just went missing for a while.... (Has he been found yet?)

I wonder whether our Mohd Najib Razak did swear that he did not know that Mongolian...never met her...and is not involved in the murder...etc.. Did he swear? (He may have, since it is becoming fashionable these days BUT I seriously do not recall)

And really, what exactly is that Port Dickson scandal... Anwar also is most irritating when he hints about certain things but then do not really tell us what it is all about -- same thing with that boxes of documentary evidence that he allegedly has which will expose all scandals - or is he going to use all these "secrets" as a means to 'control' certain persons later with threats of exposure. One good thing about Dr. M, is that he discloses facts as well - and not just stops at hints.

In a rare outburst that is perhaps telling of the toll the Permatang Pauh by-election is taking on him, opposition icon Anwar Ibrahim is threatening to expose a 'dark secret' of Deputy Prime Minister Najib Abdul Razak's, involving the southern beach town of Port Dickson, if the latter continued to wage personal attacks against him.

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"Enough is enough. Stop the scornful lies on me," Anwar warned during a rally at the Bukit Mertajam mini-stadium last night. "Otherwise, I will expose Port Dickson." - Malaysiakini, 20/8/2008 - 'Najib, remember Port Dickson?'

Sometimes, we have to pity the voters - because candidates and their campaign do not really provide them with much real reasons as to why they should vote for this person -- and not the other.

People are not bothered about alleged sodomy, etc - they say leave it to the trial and the courts, and let the due course of the law takes its course...

Who swears or who does not is really not material?

Of course, in 1999, Najib was not into this 'to swear or not to swear' position - then it was let them criminal courts proceed with the case . I do not remember Najib even questioning the jurisdiction of the criminal courts -- for, after all, is not liwat is a matter that the syariah court does have jurisdiction...

What we are seeing is a by-elections - that it all. The voters of Permatang Pauh do not represent the people of Malaysia...

The voters of Permatang Pauh - would have been subjected to whole lot of 'bribes', inducements, threats, entertainment, spin,....etc - and now, they will have to cast their votes.

Remember Ijok voted BN in the by-elections --- but come GE several months later, they voted opposition.

What will the outcome be?

* Anwar loses - well and good, maybe he can stand in another by-elections..

* Anwar wins - not too big a surprise - for after all in March 2008 (just 5 months ago), they already indicated that they did not want BN - chosing instead Anwar's wife.

If Anwar loses, will Pakatan Rakyat not come into power this September 16?

Why - because the main person working for it is no more interested because now even if PR comes into power because, he, Anwar Ibrahim, cannot be the PM --

I hope Anwar is not like this, win or lose Permatang Pauh, should not de-rail the Pakatan Rakyat plan to take over the reigns of government from the BN come 16 September (or was it all a bull-shit all along???...another spin...)

Desparate PM - takes LRT, reduce fuel price, now want to erradicate poverty

Abdullah Ahmad Badawi, the head of BN, the current Prime Minister for don't know how long more, is starting to pull stunts one after the other:-

a) He took rides on the commuter and LRT rail services - to experience the problems of the rakyat.

Datuk Seri Abdullah Ahmad Badawi took rides on the commuter and LRT rail services from Serdang to the city centre yesterday to get a feel of the transport problems faced by the public and came away less than satisfied.

Where’s the train? Abdullah waiting with other passengers at the Serdang Komuter station yesterday. This is a daily routine for the commuters, who complained to the Prime Minister about poor train services. — Bernama

Throughout the one-hour journey, during which he switched trains, the Prime Minister noted the congestion, especially during the peak period, and spoke to his fellow passengers to get feedback.

Speaking to Bernama after disembarking at the Masjid Jamek LRT station, he said he was not satisfied and wanted immediate improvements to be made.

He said the existing services were not systematic, there were not enough coaches and coverage was not comprehensive, leaving many areas not serviced.

“I just saw the plight of people using the trains to get to work every morning. They were jostling to get on board every time a train arrived. There appeared to be no system.

“I’m not happy with this because the people are not getting satisfaction from riding the trains. This we must fix,” he said.

“I found the trains really packed. Some had waited for three trains and yet could not board. - Star Online, 22/8/2008 - PM quietly takes public transport to experience commuters’ problems

But alas, he and/or his Transport Minister and the Cabinet should have done this a long time ago... and it would become so clear what has happened to the Public Transport System.

In KL/Klang Valley - the priority should have been to build more LRT, Commuter lines because there are so many places that are not covered. There is no LRT/Commuter services even to get to the Kompleks Kerajaan (the Government Complex) in Jalan Duta...now there is also the Court Complex there...

Ride the busses too, Mr PM. Try getting a taxi from most places in the Klang Valley. ...is not your son's company, that SCOMI, that has a significant interest and control of public transport in KL and the Klang Valley...

You are the cause of the transport problems in the country - so do not pretend now that you did not know. Was it just an ordinary trip (or was there special preferences given to you, PM), because clearly there are some press who did cause to publish some nice photos of you at the LRT station, and even in the LRT.

What about the East Coast of Malaysia - the train services are still so far behind. There should also be a East Coast coastal line - and a train line that cuts east to west.

b) He reduced the price of petrol...

c) And now, he wants to erradicate poverty in Malaysia before he hands over power to his DPM in mid-2010.

Prime Minister Abdullah Ahmad Badawi today reiterated he is comitted to

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retiring in 2010 and during the next two years will focus his attention to eradicating poverty in the country.

“When the time comes for me to retire, I will retire. I will also make sure I will let people know I am determined to eradicate poverty. If I can do that, I will be grateful to God and I'll be very happy indeed,” Abdullah told a press conference in Kuala Lumpur today.The 68-year-old premier stressed that even if he could not fully achieve his task, he would still step down as promised.

“It has nothing to do with politics, rather the economic situation today. However, we will continue to fight (poverty) and I will do my best,” he said, ...- Malaysiakini, 24/8/2008 -Pak Lah's mission: To eradicate poverty

Well...well, what is the poverty rate in Malaysia? Are you still using that 'old figures' to calculate the number of Malaysians (and Malaysian families) that are poor or hardcore poor?

Well, you cannot - because the cost of living has sky-rocketted....and one of the most significant reasons for this was your very own BAD decision to suddenly increase the price of petrol, diesel, etc... and this caused the price of almost everything to increase...

People who were not poor (or 'hardcore poor') are today efectively poor or "hardcore poor" - but, of course this will not be seen in your BN government statistics where the poverty line is really so unreasonable...

One way that you could resolve poverty on paper - is just lower the poverty line ---- and then there will be 'zero poverty" in Malaysia.

There should be no poverty in Malaysia, which is a rich country full of resources, by now but the BN government in total power for the last 50 years has failed to erradicate poverty, and provide each and every Malaysian family with an house. In fact, you have caused greater inequity in Malaysia. The rich became richer and the poor became poorer. The gap between the rich and the poor is one of the worse in Asia (and in the world).

To save Malaysia, what you should do is just peacefully hand-over the duties and responsibilities of government to the Pakatan Rakyat, and we shall see whether things will improve. Since new brooms will be more efficient - we, in Malaysia, should benefit --- and after that finally in Malaysia, the people will have 2 main choices, i.e. the BN or the Pakatan Rakyat.

One thing that has been happening to the people of Malaysia - is a growth in awareness and wisdom - and no more will they be deceived by the government and/or the political parties...

Unhappy with the conservative Islamic State agenda being forwarded by PAS, with PKR's endorsment by the electoral pact they formed with PAS, the Malaysians, irrespective of ethnicity, religion or culture just rejected them in 2004 - PAS lost Trengganu and almost lost Kelantan. PKR lost all seats save for the seat contested by Wan Azizah.

In 2008, the people are pissed with Abdullah Ahmad Badawi and the BN - and hence the results of GE2008. 5 States go to the Pakatan Rakyat, and the BN loses their 2/3 majority in Parliament.

So, never under-estimate the people - the rakyat - the 'makkal' . Now, it is they who decide who shall be given the power, duty and responsibility to govern the nation and/or the States...

Badawi's taking of the LRT is good - in fact all you MPs and ADUNs should also choose a week and travel around using only the LRT and Busses - this would be very good - and I am sure that after that there will be definite positive improvement of the public transport problems that all Malaysians have been facing.

Many are driving cars today just because of the poor public transport system - we, the people, could have had so much use for the money that we could have saved by not buying private cars - it would have improved our lives in so many other ways..

Church in Triang, Pahang in risk of being demolished...

Last week some 1,000 persons protested the attempt to demolish an over 80 year old Catholic Church/Chapel in Triang, Pahang - and they were met by 200 over persons believed to be aligned to the Developer.

The FRU were there in full gear - and they caused the 'save the church' protest to end.

Well, it is a small Church in a 'rural Pahang town' - and looking through the newspapers, I saw almost no report of the struggle of the community to preserve their 'heritage' church - nothing about that 1,000 strong protest...nothing really.

And that makes me wonder of the actual number of placesa of worship that is being demolished and torn down in Malaysia.

I hope the Pahang State Government, which is a BN government, and also the Federal Government step in and ensure that this very old Church is preserved - and not demolished.

Hopefully, after Permatang Pauh - maybe the media and others could also look at what is happening in small town Triang in Pahang --- and do the needful to safe this church.

BN shows little concern for religious places of worship yet again...

The government is the Barisan Nasional government - and responsible for Kuala Lumpur and/or the Federal Territories is the Barisan Nasional government - and the BN Government under the the premiership of Abdullah Ahmad Badawi - also do have a Ministry that is supposed to be in charged of Federal Territories - the most important of these Federal Territories is Kuala Lumpur.

Now, every Malaysians know that Malaysia is a multi-racial multi-religious multi-cultural counrty - and there are Muslim Malaysians who need to have Mosques and suraus, Muslim cemeteries
- and there are Christians who need Churches and Chapels, cemetries and crematoriums (and there are many different Christians too - Catholics, Methodists, Lutheran, Anglican, S.I.B, Gospel Halls, etc.. - and their churches are all different.
- and there are Hindus - and they need also Temples and burial sites/facilities (and that there are many different types of Hindus, - and all their temples are different
- and there are Buddhists - and they need temples, kuils, and also burial sites/crematoriums (and there are several different types of Buddhists - 2 main big groups...) There are also the Thai Buddhists here, which is different.
- and there are the Chinese religions , and they too need temples, cemeteries and crematoriums.

If you do not know these basic things - then you really are not fit to be Prime Minister, DPM,Minister, Deputy Minister, Mayor, memeber of the Local Council in that DBKL, etc....

Clearly the BN Government, the Mayor of KL and the DBKL and the Federal Territories Minister and his Deputy Minister fumbled - and demonstrated a lack of respect, very unexpected by a government who have been around for half a century.

How could they miss out the Hindu temples? (this we know because Hindu Sangam, only an NGO, managed to highlight just recently. Hindu Sangam is not government or part of the government - and it certainly do not have the resources the government has.

What else have they not included in the 2020 Plans for KL City? Churches? Buddhist Temples? Sikh Temples? ....

Normally, we would not even be looking - for we would reasonably expect that it will be there..

Just apologize for your fumble....but no, the Federal Territories Deputy Minister trys to blame the Hindu Sangam - what nonsence?

Federal Territories Deputy Minister M Saravanan today slammed the Malaysia Hindu Sangam (MHS) for not channelling to the authorities sooner their complaints on why plots of land for Hindu temples and crematoriums were missing in Kuala Lumpur Draft City Plan 2020.

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"There are 10 days left but you had all the time - three to four months - and now with only 10 days you are telling me that 120 temples are not in the plan... what have you been doing until the very last minute?" asked Saravanan, in an interview with Malaysiakini.

MHS president A Vaithilingam had on Thursday criticised DBKL's draft plan, pointing out that more than 120 temples and two well-known crematoriums in Sentul and Jalan Loke Yew were left out of the pioneer draft plan that aims to shape the city's future development.

Vaithilingam also accused the authorities of conspiring to get rid of the religious sites by the year 2020. - Malaysiakini, 23/8/2008 - Saravanan slams Hindu Sangam, asks KLites to speak up

Saravanan - you are the 'wakil rakyat' - you are the Federal Territories Deputy Minister - and I believe you are from MIC as well - so admit your failings - and do not going round trying to find others to blame...

Come to think about it, there has been very little emphasis placed on places of worship of other than Islam religions in new townships....and new Draft Plans -- under the BN.

'Those that police arrest are guilty" - that's the Malaysian perception generally..

Across the country hundreds of persons are arrested and detained in police lock-ups for days just "to assist the police in their investigations." And most of the time, hours and hours are just wasted away sitting in those police lock-ups, that are in really bad conditions.

Within 24 hour, the police apply for further remand because investigations not completed. Then another remand for again the same reason. And all this time, the hours spend with the police in connection with the investigation is such a small percentage (if, at all any time was even spend), compared to the total time that they had languished in the police lock-up.

What investigations are involved? Taking of photographs, fingerprints, participation in an identification parade (depends on the offence) and the the recording of a statement. Really, all these things can so easily be completed in a couple of hours - and there really is no reason to arrest and detain anyone for this reasons...

Even those who voluntarily come in to see the police to assist in the investigation are arrested and detained --- why? This what happened to that PKR man when 'he surrendered himself"
at the police station. There was no "surrendered himself" - he voluntarily came in to assist in police investigation.

Mind you, this is just the 'police investigation' stage - and no one should be arrested and detained overnight unless they have failed to comply with reasonable requests by police to attend voluntarily to assist in the investigation, or maybe, if there is some evidence that they may flee and disappear.

Police have obtained a remand order to detain Batu PKR deputy chief Mohd Noor Kamil Abd Samad until Sunday to facilitate investigations into the alleged assault of two photographers during nomination day for the Permatang Pauh by-election on Saturday.

Mohd Noor Kamil, 39, from Taman Melewar in Kuala Lumpur was arrested at the Sentul district police headquarters at 1.45pm on Wednesday when he surrendered himself there.

Camera-shy: Mohd Nor Kamil being led to Bukit Mertajam for remand until Sunday.

Police obtained the remand order at a magistrate’s court here yesterday. - Star, 22/8/2008 -Batu PKR man remanded

As I mentioned, the present system and practice of the police of arresting and detaining persons just to 'assist in the investigations' is BAD - it must stop.

It is becoming even worse today when the Media also reports of these arrests, detentions and remand applications.

Worse still, when it is the police that blurts out to the media this 'news' of arrest, detention, further remand, etc... and worse of all, when they even take time to prepare and issue a Media Statement on this.

Any arrest, detention and remand by the police in the police lock-up is very bad for the person arrested and detained. His reputation and his family reputation goes down the drain - and it is so difficult to regain lost reputation.

Of course, even when later released, and if they go to the media and tell them to inform the public - the media is not at all bothered.

The famous are sometimes lucky in this sense, as we see the media(The Star) carried the call of the 2 PKR State Exco members for an apology, etc..

But, even when it comes to such matters, if it was not during the Permatang Pauh election campaign period, I wonder whether any media will carry this - which would have the effect of regaining bit the lost once-good reputation... After all they are just some 'small' State Exco members..What about all the other "lesser" persons....??

The two Perak state executive councillors who were detained for alleged graft have given the Anti-Corruption Agency and the media 24 hours to apologise or face a RM100mil defamation suit.

Behrang assemblyman Jamaluddin Mohd Radzi and Changkat Jering assemblyman Mohd Osman Mohd Jailu demanded the apology and retraction of the news articles related to their arrests at a press conference at the State Secretariat here yesterday. - Star, 23/8/2008,Perak exco duo: Retract articles and apologise or we’ll sue media and ACA

Police also will not issue a letter clearing the name of the victim ....

And the Malaysian public do not really adopt the position of that legal maxim "Presumed Innocent Until Proven Guilty"..

As far as many are concerned, if police arrest, then the person must be guilty ...

....and if they are released later, must be there was some ''settlement" - maybe some payment made, etc..

....OR maybe they are guilty, but unfortunately not enough evidence, therefore the police had to let them go...

That is the way many Malaysian think...

That is why police must stop arresting and detaining persons - when they really are still at the investigation stage...

Being deprived of their freedom - and having to spend time in the police lock-ups, as it is today, is really torture.

The conditions of the police lock-ups are far worse that the condition of prison cells, where the convicted serve out their sentence. Police Lock-Up conditions must really be improved to humane standards.

I do hope that this important issue is made priority by the Government and the Pakatan Rakyat.

Anwar, and many other Pakatan Rakyat leaders, have had personal experiences of spending time in police lock-ups - and they should make this a priority area of REFORM....

Oil prices down - PM lied to Malaysians again

How does this subsidy really work?

Does the government subsidize every litter by a certain amount of cents? That means that when the oil prices drop - it is the Petroleum companies that profit.

Or, is the subsidy such that it fluctuates so much so only to ensure that, per litter is only subsidize so much to ensure that prices are kept the same. If this be the case, then when the oil prices dropped - then the government amount of subsidies dropped.

Really, the government should explain - for we really do not want petroleum companies to benefit because the government delayed in ensuring petrol prices go down when global oil prices dropped?

Well - there is a drop of prices NOW -- suddenly ....., and I wonder why? Because the earlier indication was that the government will not be revising prices for at least 2 months because they wanted to monitor and see whether the drop was temporary or not (something like that....)

Now, suddenly a few days before Permatang Pauh decides on its new MP - prices suddenly are dropped by the government

Petrol and diesel price will drop by between eight sen and 22 sen a litre from Saturday.

The price of RON97 petrol will be reduced by 15 sen to RM2.55 a litre from RM2.70, while RON92 would be 22 sen less at RM2.40, from RM2.62

The retail price of diesel would drop by eight sen to RM2.50 a litre.

Prime Minister Datuk Seri Abdullah ahmad Badawi announced the new prices in a statement after Friday's Cabinet meeting.

He said the prices were determined by taking into account the actual price from Aug 1 to 21 and the 30 sen per litre subsidy borne by the government while the subsidy for diesel, based on the new price, was 50 sen a litre.

"The cabinet decided to bring forward the enforcement date for adjustment of the new petrol price," he said. - Star Online, 22/8/2008 - PM announces reduced fuel prices

Good news - YES, it is but really again the PM has deceived us -- when the price was increased, the government lied because they gave everyone the understanding that prices would go up in a month or so - and then suddenly prices went up.

Same thing here - suddenly prices goes down.

Prime Minister Abdullah Ahmad Badawi made the announcement today - two days after he reiterated that petrol prices would not be cut before Aug 31.

It is believed that the announcement was made ahead the crucial by-election in Permatang Pauh to be held next Tuesday.- Malaysiakini, 22/8/2008 - Gov't slashes petrol price by 15 sen

Will the prices of everything else also go down? - This, I have great doubts. The government fumbled when they caused the increase of fuel prices - and then brought about the increase of almost everything else. If, the government had only ensured that the prices of oil was not increased - even if it meant that the government had to subsidize more - then we would all not be suffering such an increase in the cost of living.

Will the TNB bring down the price of electricity? I hope the government gets TNB to also immediately reduce their rates...

So, will the government discontinue payment to car owners -- or maybe reduce it from RM625 to some lesser figure. Big mess...

Anwar said that when Pakatan Rakyat came into power - they would immediately slash petrol prices by 50 cents.

Wonder whether, we will still get a further slash of oil prices by 50 cents when Pakatan gets into power - or just 35 cents or less since BN already slashed prices by 15 cents (and 22 cents).

ACA DG 'leaps into the fire from the frying pan' on that 2 PKR State Exco issue...

ACA DG's effort to try convince Malaysians that arrest of the 2 PKR State Exco members 'has nothing to do with politics' just further reinforces the believe that the ACA may have sold its soul to the 'devil'.

If it was a normal usual arrest for the purposes of investigations - there would not have been a Press Statement issued. Remember, they are just suspected of being involved is some corruption at this stage. Are they corrupt? Well, the ACA is still investigating. Maybe they are just persons who may be able to assist in the ACA investigations - i.e. witnesses.

Oh yes, the police/ACA do not just arrest suspects - they also arrest witnesses (or people who, they believe, will be able to help in the investigations) - strange, is it not?

As I mentioned earlier, a notice requiring the attendance to assist in the investigations would have been sufficient - no necessity really to arrest at this stage. They did not do an 'Anwar' by not turning up after being notified that their presence is required to assist in some investigation.

And would these persons now arrested and being detained, i.e. them EXCO members (and the others) run and flee the country....I do not think so.

Do the police/ACA have the power to arrest and detain persons like this -- oh yes they do have - and that is why the law must be reformed --- amended. (See my earlier post for some of my suggestions for reform).

Even if you did arrest, there was no need to go to the media and publicize it --- ACA cannot deny this because they did prepare and issue a Kenyataan Media (Media Statement) - which went into details of the alleged corruption being investigated. Why? [Malaysiakini did publish the full statement]

Remember - in the case of Anwar - there was great secrecy about the contents of even Saiful's police report (which is a public document) - but here the whole world knows almost the full details of the alleged crime.

Now, ACA DG comes out again today in the press saying that the arrest and its timing had nothing to do with politics...This attempt to salvage spilled milk just makes matters worse for the ACA..

The arrest of the two Perak executive council members by the Perak Anti-Corruption Agency (ACA) has nothing to do with politics, the agency’s Director-General Datuk Ahmad Said Hamdan said Thursday.

He said he was disappointed with allegations by certain quarters who accused the agency of deliberately detaining the two men when there was by-election fever in the country. “I am disappointed when the ACA is accused of conspiracy, scheming with the ruling party, that is not true. This is a criminal case. We have nabbed many people ... Director-General of Immigration and senior police officers. - Star Online, 21/8/2008 - ACA DG: Arrest of Exco members not politically motivated

He should not have even come out and responded - or is it just a case of 'siapa makan cili dia rasa pedas' (he who eats chily will feel the chilly hot - a very bad translation).

Here, he goes further and apparently blurts out to the press --- we have proof - and that the ACA have conducted investigations for 3 months

WHY is the DG of the ACA telling us all this now?

The investigation is still on-going, and the arrest is to facilitate investigations into determining the truth. Is the DG now implying that they are really the 'suspects', and not just witnesses?

The proof is there so we arrest them,” he told reporters after attending a forum titled ‘Independent Anti-Corruption Commission: Towards Effectively Combating Corruption and Enhancing Integrity’ at the Integrity Institute of Malaysia here Thursday.

Ahmad Said said the ACA conducted investigations on both the Exco members for more than three months and it was a coincidence that the arrests were made close to the by-election.- Star Online, 21/8/2008 - ACA DG: Arrest of Exco members not politically motivated

If the proof is there, why not just charge them in court? End of story...

What you are doing now is violating the rights of the 2 PKR State Exco members, and them others. You are slinging mud at them in the wrong forum - it is becoming a trial by media.

The proper way of doing things is investigate - and if there is sufficient evidence, then charge them in court - and bring forth all them evidence in court. Let them who have been charged defend themselves in court.

The ACA and its DG should not be going to the media at this stage - it is not at all proper.

From the frying pan, the ACA DG has jumped into the fire -- and now, I believe, that more people are going to believe that the whole arrest and the timing of the arrest is really politically motivated.

I fully agree with the DG when he says “Just because of the election (it does not mean) we put aside the case till later...." - but there is proper way of doing things...

Is it becoming the trend that DGs are now going to the media and making statements with regard to on-going criminal investigations. If I am not wrong, the Health DG(Merican) also went to the media even before Anwar was charged... now we have the ACA DG.

I believe that the fumble on the part of the ACA, and now its Director General is significant enough for the ACA DG to be removed, or for him to resign.

It is most important that ACA be seen as independent - and not politically motivated.

ACA must also be professional...and behave professionally....and I believe that they have failed here.

And guess what, this issue is already being used by the BN in its campaign in Permatang Pauh....

...Citing the arrests of two PKR Perak executive councillors by the Anti-Corruption Agency yesterday, he [Khairy Jamaluddin - the Prime Minister's son-in-law] chided the opposition party for being inconsistent in their graft-busting campaign... -Malaysiakini, 21/8/2008 - Khairy: We've come to 'bury' Anwar

In any event, even if the 2 are found guilty ultimately by a fair and open court, some bad apples would not make the whole bunch bad...

OR....would the other saying be more appropriate - 'It is just the tip of the iceberg...

ACA - was it used by BN? - arrest of 2 Pakatan Rakyat State Exco and the timing..

Two Perak state executive councillors and a former PKR state assemblyperson were among six people detained in an Anti-Corruption Agency (ACA) operation.

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In a statement, the ACA said they were detained for alleged graft in relation to a RM180 million housing project in Seri Iskandar.

Five of them, aged between 45 and 57, were picked up yesterday following a public tip-off while another exco was arrested at 10.30am this morning. - Malaysiakini, 20/8/2008 - 'Cash and sex': 2 Perak excos arrested

What was done is so wrong - especially that issuance of the "Kenyataan Media" - which clearly states that they were arrested because of SUSPECTED involvement. Why do you mention 2 State Exco members - what happened to equality before the law. 2 persons would have been suffient - it matters not whether they were State Exco members, policemen, doctors, lawyers, sex workers - just 2 persons is sufficient. I will discuss further on this arrests and statement later on below.

The police and the ACA comes and arrest and detains persons, then go for remand -- and now shockingly also informs the media about it...(The good ACA issued a press statement "Kenyataan Media" about the arrest)... now this is so wrong.

Why is it wrong? Because persons arrested are just "suspects" or just people that they want to assist in the investigations. ....and there is also so much Media publicity, and in this recent case, there was even a Media Statement by the ACA.

Now, when these are later released because they were really not at all involved in any crime - there is not at all any effort to clear their names. No media statements will be issued then - and for the poor victim, his reputation is in shatters and he has no real remedy.

The effect of the arrest, detention, etc may also result in financial losses, etc - but poor victim suffers this in silence most of the time.

Several important points need to be noted here.

1. There is no real need to arrest anyone at this stage. If a person is required to be present to help the police in an investigation, then just send him a written notice requiring him to be present here or there and at what time. Only after there is non-compliance for no reasonable reason/s should recourse to arresting and bringing the person in be done.

2. Today, even if a suspect confesses to the police - that confession generally cannot be used in court anymore.

113. Admission of statements in evidence.(Criminal Procedure Code)

(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.

3. A suspect has the right to silence - i.e. he has no obligation whatsoever to assist the police in their investigation.

4. For witnesses (not suspects), they do have the obligation to tell the truth - but then they do not have to say anything about matters that they believe "would have a tendency to expose him to a criminal charge or penalty or forfeiture."

112. Examination of witnesses by police. (Criminal Procedure Code)

(2) Such person shall be bound to answer all questions relating to the case put to him by that officer:

Provided that such person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.

(3) A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to questions.

It is my opinion that

** the police should not arrest persons for the purposes of assisting them in their investigations - unless it is the last resort after reasonable opportunities have been given for the person to come in on his own.

** that even if the police were to arrest a persons for the purposes of assisting them in their investigations, they should never be detained overnight -- unless it is the last resort after reasonable opportunities have been given for the person to come in on his own after being released at the end of the after 1st arrest.

** that even if the persons is to be detained overnight, proper accomodation must be provided - i.e. bed, toilet facilities, etc... (at least equivalent to a 2-star hotel) - Here we are not talking about those who were caught committing the crime...

*** With regard to the suspect, he shall only be arrested after completion of investigation and there are prima facie evidence supporting his involvement in the said crime.

*** After arrest, the suspect shall either be charged in court within 24 hours OR released. What this means is that the police must investigate first, and only when they have sufficient evidence to charge him in court - provided the suspect is not able to provide information that would show his innocence or which would destroy the weight of some of the evidence. Only when sure arrest, and then immediately charge in open court.

*** All persons arrested, detained and not subsequently charged shall be compensated for the deprivation of their freedoms/rights and their sufferings. If there are factors, like media publicity or issuance of media statement by arresting authority, it shall be taken in to determine the amount of compensation. If there had been media reports about the arrest/detention/application for remand - the police/ACA shall cause an official media notification be issued clearing the name of the victim/s.

*** All persons found not guilty after a trial shall be reimbursed his actual costs - including legal fees.

*** All persons found not guilty after a trial, who had been detained while awaiting and during his trial shall also be compensated at a stipulated daily rate.

These are some of the REFORMS that we need in our Criminal Justice System.

Now, when there are arrests - and applications for remand - the police/ACA must concentrate their efforts on completing their investigations as soon as possible....not preparing and issuing Media Statements. Who informed the media? Was it the ACA - and here it seems it is the ACA through their Kenyataan Media - and this is very very wrong...

For politicians.... sometimes these arrests, detention are good for their political careers... BUT for the small person - it is not at all good. The media has an interest on arrest, detention and remand - but really not the later release from detention - because the person was not at all guilty...

We need some serious reforms in the Criminal Justice system...

I really hope that the ACA Media Statement -- and this arrest of 2 Pakatan Rakyat governed State Exco members for alleged corruption has nothing to do with the Permatang Pauh by-elections.... and that it was just co-incidental. Wonder whether such statements are always issued by the ACA...

Public servants should just do their jobs - and should not be made tools by politicians...

Freedom of expression within political parties and coalitions...

Must all member parties of the BN or the Pakatan Rakyat have the same opinions, views and positions about everything?

Must all members, MPs or ADUNs of a particular political party have the same opinion, views and position about everything under the sun?

In the past, when the BN was of the position that Detention Without Trial and the ISA, etc were OK - I remember that at one time Gerakan stood firm and took a differing position - i.e. for the abolition of the ISA and other laws that allow Detention Without Trial. This was great........but with time things seem to have changed and Gerakan too just became another obedient 'lamb' and followed the rest of BN.

But after GE2008, there seems to be changes that have been happeing in the various BN component parties - an assertion of their differences, and brave expression of different views and positions on various matters.

For example on the arrest and detention of Uthayakumar and the 4 others under ISA, I believe that to date the GERAKAN, the MIC and the MCA have openly called for the immediate release of the HINDRAF 5 from ISA detention.

GERAKAN seem to be be going back to become the "old GERAKAN"- reclaiming its independent thinking and expressing it openly.

Post GE2008, after the major losses suffered by the BN, BN component parties seem to be re-evaluating matters, and it is not unforseeable that even the BN - that mighty BN may be dis-integrating. One indication was that during the announcement by Abdullah Ahmad Badawi that BN was victorious after the GE2008 results - missing were the leadership/reps from the component parties of the BN. It seemed to be just UMNO there.

There is nothing permanent of the BN and its member parties - and, it is also not uncommon that some parties may chose to just be no more a member of the BN, or even any other coalition.

Maybe, some parties may see that being alone for a while may also be good for the party revival not only with regard to membership BUT more importantly its own party identity and positions.

The question of Gerakan leaving the Barisan Nasional is “open for discussion” but the party will not be “blinded by emotions” over the issue, acting president Tan Sri Dr Koh Tsu Koon said.

“Other coalition parties have also discussed it. We are not a ‘yes man’ party but we will not be blinded by emotions. We will have an objective analysis of such discussions from time to time.

“Gerakan won’t blindly commit to Barisan, but since Prime Minister Datuk Seri Abdullah Ahmad Badawi and his deputy Datuk Seri Najib Tun Razak have shown sincerity in bringing change we will perform our role in accordance with our principles,” he said.

“Barisan is a coalition that represents people from different political and cultural backgrounds, so there are bound to be differences. Even Pakatan Rakyat is the same.” - Star, 20/8/2008 - Koh: Gerakan not blindly loyal

Party grassroot members have found their voices at last (or maybe the leaders are finally listening to the grassroots). Fear will no longer hold them captive, and there are calls for internal political party reforms, and even reforms in the relationship between the various BN component parties within the BN itself.

We saw that MCA, MIC and even GERAKAN leaders are learning how not to obediently 'kow tow' or surrender their independence and freedoms this time around. Good first step was the refusal to accept the goodies offered by the PM in the form of them Ministerial positions.

Who is in the Cabinet is ultimately decided by the PM? - and hence this refusal to accept cabinet positions will help preserve their independence when they sit in for their BN meetings as the head honchos of their respective political parties.

Being in the Cabinet can, I believe, compromise their frankness and independence as party reps, for there will always in their minds be that concern about being removed from Cabinet and/or demoted.

Well, now, it seems that things may be changing within the BN - and they seem to have adopted consensus decision making system (not a very practical manner, better to have a 2/3rd or 4/5th majority decision making process.) - and the BN seems to be doing more consulting and more meetings now. Will this mean, that there will be an end of the UMNO dominance, or what some say the 'UMNO dictatorship" of the BN. [Let us be wary also that these may be all 'lies' to woo the voters of Permatang Pauh]

“What is important is that we try to reach a consensus. In the last five months, top Barisan leaders have held more meetings than in the last three years,” he said, adding that response from the Chinese community has been more positive in the Permatang Pauh by-election compared with the March 8 general election.- Star, 20/8/2008 - Koh: Gerakan not blindly loyal

For that, we shall all wait and see - but then UMNO itself is not so interested to practice real democracy within itself - that high quota requirement to even stand as a candidate is certainly not true democracy. There has also been calls within UMNO that all the members be given the right to vote for the leaders at the highest level - which means removing the power of choice that is now vested in Divisional reps only. (It is easier to 'bribe' a smaller number of Divisional reps compared to the all the million over members....)

We need to understand and appreciate the problems that BN has been facing, and is facing today - so that this new coalition of parties called the Pakatan Rakyat will not also end up breaking-up in the near future because of similar reasons. There is thus a need to discuss matters NOW - not only after the seizing of power.

Some previously vocal persons, who have now been elected MPs or ADUNs (or appointed Local Councillors) have now stopped expressing themselves...and/or championing causes and issues. It is so sad.

I say it is right for individuals within a party to have and express a different personal opinion from that of the party they belong to. Of course, it must always be made clear that 'despite the fact that they do have a different opinion, they will still adhere the the current party position'. Staying silent, and not expressing your difference is unacceptable. Anwar's silience then about the 1987 Operation Lallang, the 1988 Judicial Crisis, ... is and was unacceptable

But alas post-1998, Anwar has presumably repented his old ways and is a new man today - and that is what many, including me, would like to believe.

Thus, I say that if you are a member of one of the Pakatan Rakyat, it is perfectly alright and very good if you do also come out and express your 'personal' differences in opinion, always stressing, of course, that it is just your 'personal' opinion.

So, how many of you Pakatan MPs, Pakatan ADUNs, and Pakatan appointed Local Councillors out there is all out for Local Council elections now - as soon as possible, and is against this current appointment.

SAPP has lost confidence in the current PM and government - and is right and proper for them to express this view....and they should not be sanctioned for expressing this position. It is a minority position ... or is it really. After all, some parties may still be fearful...or even still slave of the old BN culture...

After all this PM has the position that BN members are not allowed to even support good suggestions of the Oppositions - and are required to fully support all BN positions. And MPs and others who have been different were sanctioned and disciplines - Devamany, etc... [Devamany now plays it very safe waiting for Big Boss Samy to come out first, and then only repeat the same position...]

Is the Pakatan Rakyat different? Would Pakatan member parties be allowed to hold different party positions BUT one Pakatan Rakyat position?

Would members of the Pakatan Rakyat member parties be permitted to hold different views, and express them BUT have only one party position? [Of course, there may be certain very important matters where members may not have the right to express publicly a different position - or should there even be such a limitation or restriction??? - that is for the Pakatan Rakyat members to decide]

Today, when it comes to the Pakatan Rakyat - there is confusion as to what exactly is the Pakatan Rakyat position.

Are the utterance of Lim Kit Siang or Anwar or Hadi the Pakatan Rakyat position?

Through the racist eyes of Najib...

Why does Najib see Malaysians in terms of ethnic groups - Malays, Indians, Chinese, Eurasians (including Pak Lah's wife), Mongolians, Sri Lankans, etc....

Why can't he just see them all as Malaysians....

Why can't he just see them all as people of Permatang Pauh...

Deputy Prime Minister Najib Abdul Razak made a plea to the Chinese and Indian communities in Permatang Pauh - come back to the Barisan Nasional's fold.

MCPX

He told them to reject the opposition and vote for Umno's Arif Shah Omar Shah in the Aug 26 by-election. - Malaysiakini, 19/8/2008, Najib wants Indians, Chinese to back BN

This is one the reasons why I would reject Najib and the BN - they do not see people as Human Beings, God's creation, Malaysians....

After 50 years in power, finally Najib admits the governments failure with regard to the Indian community - by that formation special cabinet committee was formed to look after the well-being of the Indian community. (Will there be special communities for the Orang Asli, the Ceylonese, the Sri Lankans, the Thais, the Eurasians, the Baba communities, the Chettys, the Mamak and/or the Kaka communities, the Hokkien communtity, ...for if there is none then again minority groups are being discriminated against....and until they form an Action Force and go to the street in protest, they will be marginalized....)

Talking specifically about the Indian community, Najib, also the deputy BN chairperson, said that a special cabinet committee was formed to look after the well-being of the Indian community who had long complained of being marginalised by the Umno-led BN government.

He also said that the government was doing much to increase the educational opportunities of the Indian community.

He was reported in Bernama as saying that vocational and skills training courses were conducted for those living in the estates.

And specifically for the Indian voters in Permatang Pauh - numbering some 3,500 voters - Najib said the government has agreed to approve scrap metal collector's licence for them.

He also announced aid for three Tamil primary schools and six Chinese primary schools.- Malaysiakini, 19/8/2008, Najib wants Indians, Chinese to back BN

And Najib's solutions are pathetic :-
- SCRAP METAL COLLECTOR'S LICENCE
- vocational and skills training courses for those living in the estates (Hello...not all Indians live in estates,...and you really should go to the estates and you will find that the ethnic composition of estates have changed so much...)
- Tamil schools (you have to realize that there are other Indians - Malayalees, Telugus, Gujeratis, Punjabis, Sinds, Goanese, etc in Malaysia - not just Tamils (and there are many Tamils who do not read and write Tamil let alone attend Tamil schools...

Really, Najib should be silent - he is so insulting when he speaks in the manner...

One thing that Najib is not at all addressing is the question of the Temples that the government allowed to be demolished - will it be re-build for the communities?

One thing that Najib is not at all addressing is when will he be releasing Uthayakumar and the 4 others, who did awaken minority Indians to stand up and demand an end to discrimination and other rights abuse...

SCRAP metal license and some donations to some Tamil schools is really not the way of addressing the problem...

And, in fact all communities will be happy if you just started treating Malaysians as Malaysians - irrespective of their ethnicity, religion, cultural background, economic background, political affliations, etc - just treat us all EQUALY as human persons...as creatures of God. Help them who are poor and underpriviledge. Distribute wealth and opportunities equitably...

Just appeal to the people of Permatang Pauh for their support --

Does Permatang Pauh really have a choice?

Come elections, they come down to the people - visiting them, smiling and handing out little goodies here and there, kissing babies, greeting the elderly.. - they are the 'politicians', and in Permatang Pauh it seems that things are not that different this elections..

....But wait....there is a difference this time. This time them goodies are being handed out not just by them BN....but also the Pakatan Rakyat.... This is what Malaysiakini just informed us.

More election goodies rolled in for the people of Permatang Pauh on the fourth day of the by-election campaign. But this time it was not from Barisan Nasional (BN) alone.

MCPX

It raised the questions as to whether this flouted election laws which clearly stipulate that an election candidate is prohibited from handing out goodies as it could be deemed as a vote-buying attempt.- Malaysiakini, 19/8/2008 - Goodies roll in ... from all sides

The BN gave .....

During a function held at a Chinese school in Kampung Sungai Lembu this afternoon, Deputy Education Minister Dr Wee Ka Siong announced an allocation of RM200,000 for the school.

The allocation came on top of another RM1 million allocation to five Chinese schools in the constituency announced during his visit last week.

Also present at the function this afternoon were BN candidate Arif Shah Omar Shah and Health Minister Liow Tiong Lai, who is also MCA Youth chief.

Apart from the Chinese schools, Wee also announced another sum of RM50,000 each for two Tamil schools in Butterworth which do not fall under the Permatang Pauh constituency. - Malaysiakini, 19/8/2008 - Goodies roll in ... from all sides

A flash flood reported in several areas in Permatang Pauh yesterday also paved the way for election campaign teams to hand out goodies to those affected.

Earlier today, Arif Shah gave out RM1,000 to Teh Soo Chair, 44, whose wife and daughter went missing after they fell into a flooded monsoon drain in Tanah Liat.

The body of his daughter was recovered this afternoon while the search for his wife continues.

In handing out the cash, the BN candidate stressed that he was giving the money in his capacity as the head of an NGO known as the People’s Welfare Association.

"No need to take photographs, I just give him (the money) will do," he told reporters, before asking his assistant to give the money on his behalf. - Malaysiakini, 19/8/2008 - Goodies roll in ... from all sides

And the PKR also gave....

On the PKR front, Anwar Ibrahim made an impromptu visit to Kampung Jalan Baru in Seberang Jaya, where some 100 households were affected by the flash flood.

During his brief visit, the opposition leader made a few stops at some houses and visited the affected families.

After he left, a team led by the party’s Kedah chief senator Zamri Yusuf handed out rice packets and hampers to the families amounting to about RM6,000. However, no cash was given.- Malaysiakini, 19/8/2008 - Goodies roll in ... from all sides

And was it not a flouting the law??

Arif Shah's response:-

Asked whether this flouted election laws, Arif Shah - who is also the Seberang Jaya state assemblyperson - argued that it has been a practice to give out such aid.- Malaysiakini, 19/8/2008 - Goodies roll in ... from all sides

Dr Wan Azizah - PKR President's response:-

Also present was PKR president Dr Wan Azizah Wan Ismail. The former MP for Permatang Pauh said this was not an unusual practice as she used to give out such aid in her capacity as a parliamentarian before.- Malaysiakini, 19/8/2008 - Goodies roll in ... from all sides

And what did the people say to this:-

A check with the locals however revealed that they have not received such aid before, apart from a sum of RM300 they had allegedly received from Arif Shah during the 2004 general election.- Malaysiakini, 19/8/2008 - Goodies roll in ... from all sides

I say, that was a rather balanced and good report from Malaysiakini...

Well, at the end of the day, both Anwar, Arif and Wan Azizah have long been affected by that BN culture and practices... so we really can't blame them for doing this. They know not better...

As far as I know, them other opposition parties like the PAS, DAP or PRM never did practice such handing out of goodies especially during campaign periods. All they did give was offer HOPE, CHANGE and the promise to do things better and differently if they were elected...

Things are changing....and it is becoming difficult differentiating the two main contenders for power...

At the end of the day, are they really that different....

Well sometimes, we really must focus on persons..

Like today, I met some people from Subang Jaya, and they were all praises for the good work being done by Hannah Yeoh, their Pakatan Rakyat state assemblyperson...

And a couple of weeks ago, some people told me that Sharizat Abdul Jalil did so much better as a wakil rakyat for lembah Pantai. She was very present in the community and also did a lot for the single mothers in the area. Comparatively, they say that they have not seen Nurul Izzah, the new MP after the election period.

As far as wakil rakyat goes, at the end of the day it boils down to who is that individual who is their wakil rakyat - not so much which party or which coalition he belongs to.

But that is with regard to the constituency level, but at the state and/or national level, then maybe it is important to look at parties and coalitions working together (or is it really?).

And at this level, the challengers who want to be government must be different, and seen to be different from the incumbents BN.

If not, people will be cheated and not get any REFORMASI - only a change of persons having power.

And our quest for an alternative continues....

Majority of Postal Voters are local military, police, SPR personnel..not those overseas

Postal Votes - I wonder how Malaysians overseas really get to vote. Considering our very short campaign periods still (and in the past), whereby even in Permatang Pauh by-elections, the number of days from the date of nominations until the casting of votes is just 10.

How long will it take for the Ballot Papers to be prepared?

How long for the ballot papers to be send out to Malaysians overseas?

How long will it take to reach them?

How long does it take for the marked ballots to return, and to be counted?

Well, really there is not enough time for Mr Malaysian, now in Kenya to cast his ballot in the Permatang Pauh by elections .... I really wonder how many Malaysians overseas really get a chance to cast their votes...tell us Mr Minister.

Minister in the Prime Minister's Department Nazri Abdul Aziz today rejected a call from the opposition to abolish postal votes, arguing that this was the only way that Malaysians abroad could exercise their rights in elections.

..."But to abolish the system is not possible as it is the basic rights of Malaysian citizens abroad like soldiers and their spouses, police officers as well as other government servants and students," Nazri said in parliament.

...."And for those working abroad, their voting rights, rights enshrined in the Federal Constitution, would be denied if we actually abolish the postal voting system. So we are sticking to the system," he reiterated.- Malaysiakini, 18/8/2008 - Nazri: Postal voting to stay

MCPX

I fully agree that Malaysians who are overseas studying, working temporarily, etc should have a right to vote - but for this too can only be practical, if the number of days for campaigning be increased - so that all that is necessary can be done and they can vote and return ballot papers in time.

Tell us really what is the percentage of all postal votes in GE2008 that were from Malaysians studying and working overseas. I believe that it may be less that 5%.

So, who really are the rest of them 'Postal Voters'?

They are the members of the armed forces, police, those involved in the conduct of the elections (i.e. SPR staff, and those others you see in and around the polling centres...)

Previously, when it came to the armed forces and/or the police - it was said that there was a lot of hanky panky.

Some of the allegations made were:-

*The police and military voters never saw their own individual ballot papers because someone opened it and marked their ballot papers for them.

* That police and military voters were ordered to vote for the BN. Police and military follow orders and hence dutifully they vote for the BN (or whoever they have been ordered to vote.)

* That police and military voters had to vote in front of their superiors (hence no privacy or secrecy of the vote) and they had no choice but to vote for the BN. Those who did not were penalized...

Over the past few elections, there have been some improvements, in terms of ensuring less hanky panky with regard to postal votes - but really not enough...

There should also be a re-thinking about where soldiers should be voting. A batallion from Sarawak voting for Permatang Pauh is odd. Better, if they are voting in the constituencies where they come from (to where they will return ultimately) rather than for in a constituency where they are temporarily posted.

After all, the rest of Malaysians working in KL or other places still do go back to their home-towns to vote.

Or should we standardize things - and make sure that people vote in the place that they are currently residing in. (Or do we allow people the freedom to choose where they want to vote in - their 'kampung' or where they are now residing/working/studying).

Should all Universiti Malaya students be voting in the Pantai Dalam Parliamentary Constituency?

Back to postal voting - to ensure that persons overseas reasonably have the opportunity to cast their ballots and have their votes taken into account - the campaigning period (the period between the nomination day and the voting day) must be enlarged - to at the very least 28 days.

There must also be provisions made as to how candidates can campaign them postal voters - Maybe each candidate should be allowed to prepare and submit a campaign pamphlet (A4 size front and back) within 2 days after nominations - so that this 1-page campaign document could be inserted in the envelopes containing the ballot papers send to each and every voter. Then, the postal voter too will have the opportunity to know the candidates, their policies, etc - and will be able to freely choose and vote for his/her candidate of choice... What about this recomendation about improving the postal ballot..

Still, when asked by another legislator Bung Mokhtar Radin (BN - Kinabatangan), on how the government planned to improve the postal voting system, Nazri could only say, "That one I hope you can give recommendations on how to improve the postal voting system."- Malaysiakini, 18/8/2008 - Nazri: Postal voting to stay

By the way, surely Electoral Reforms and SPR do not come under the Prime Minister's Department, should it not come directly under Parliament. Or, is the SPR under the PM?

I believe that the Opposition MPs can also table a Bill to bring about Electoral Reforms in Parliament - and surely it would not be time wasted. Even if rejected, at least, we would have been clear as to what exactly are the electoral reforms that we want. And soon, when the Pakatan Rakyat comes into power - it will be so easy, and without delay, the Bill for Electoral Reforms can be tabled and hopefully passed....

Do not just ask questions in Parliament - propose also specific reforms... make recommendations...

Hacked?? - No access during week-ends..

This week-end, again after 4pm on Saturday(16/8/2008), I find myself not able to access the internet - until just now about 3.45pm, Monday (18/8/2008) - I am able to do so. Analysis show that it has something to do with the "DNS".

I would not make a big deal out of it, but it also happened the week-end before -- gone and it mysteriously came back after the week-end.

My observation shows that people do visit the Blogs more during the weekends - compared to other days.

HACKED - could this be the reason? Welcome all your comments about this, and also suggestions as to prevent a repeat of this problem the coming weak.

This morning, my partner contacted and complained to Streamsyx (that 100 number) - and guess what, they said that they can send a technician over BUT they will have to charge RM88 or more - depending on what is wrong.

I am shocked at this -- and say that this is not at all right. You are the service provider, and we pay monthly 'big money' to you - and I believe that you should provide service FREE OF CHARGE when there is a problem with your Streamyx service.

Recently, I also found out that for the installation of Streamyx, the new subscriber has to pay about additional money for installation - BUT then customers have the option of installing Streamyx themselves using the CD (or DVD) - and if they have problems, they can pay that RM80 something for the company technicians to come...

How can the government allow this? Is there not some Consumer Protection department and/or Ministry to look into this...

CCTV for Permatang Pauh by-elections to curb fraud...

CCTV without recording capabilities is useless - and, from what I now know, that is what they have in most of the police stations - and of course, persons who are supposed to be monitoring them just would not see the 'torture' or how some person died in custody, for example the death in custody case in the Ampang police station (the case of Veerasamy) - and we cannot even now have the ability review the tapes to satisfy ourselves that Veerasamy's death was not brought about by the wrong doing of some policeman.

CCTV sounds great -- to help curb crime, they say...good. But then, the question must be whether it will have any recording capacity or not(or audio)... Human being sitting in front of the CCTV screen is just not good enough. Human frailty and other 'incentives' can ensure that one will not see certain things...

The Housing and Local Government Ministry will install 480 closed-circuit television (CCTV) cameras in a bid to curb crime.

Minister Datuk Seri Ong Ka Chuan said the cameras would monitor public areas such as pedestrian walkways and parks.

....However, he said the Government could not put up cameras on private premises.

The entire system including personnel and surveillance centres to monitor the CCTV footage would cost about RM50mil.

It would be manned by personnel from the ministry, police and local municipal councils.

“These cameras, to be installed by year’s end are intended to fight crime in dense urban areas such as Bukit Bintang, George Town, Ipoh and Seremban.

“We have just finished calling for the tenders and will start installing the CCTVs in November and complete (installation) before the end of the year,” he said yesterday after launching the Tan Sri Low Chuan Community Centre. - Star Online, 16/8/2008,Government to install RM50mil surveillance system

Well, I say let us install this CCTV (with recording capabilities and audio) in all the police stations, on all police patrol cars, on every policeman (and also maybe them immigration enforcement personnell) - because this will definitely help curb crime.

Oh yes, can we not use the CCTV (with recording capabilities and audio) during this Permatang Pauh by-elections, especially when it concerns the postal votes -- to ensure that there is no tampering.

Record also the faces of all who come to cast votes, as this will be good for later identification of them 'phantom voters'. Airports immigration counters have these little cameras which takes a photo.

Likewise, what about taking the photo of the voter, and with the name and NRIC Number - when he comes to the polling station. We are not talking about pictures when he is casting his vote. This way when the real Mr Lim Kam Late arrives later, only to find that someone else have come earlier used his name and already cast the vote - we can always check the records and go after the person who first claimed to be 'Mr Lim Kam Late'. This will surely deter them Phantom voters...

Will the indelible ink be used?...will there be a lot of 'phantom voters'?...will they use the proposed 'take photo of every voter that come to vote' so that we will be able to weed out the pretenders later on?

Expect that in this by-elections, there will be a lot of money floating around here and there, threats and promises, and hanky-panky... but we all hope for the best and hope the constituents of Pematang Pauh cast their votes wisely...

Maybe, best if Anwar not be PM -- PR have other choices

Who will be the Prime Minister if Pakatan Rakyat manages to wrest power from the Barisan Nasional?

I believe that we are really putting the cart before the horse - for as it stands at present, BN still has the majority - and it is not that 'slim' a majority.

It is too early to be talking about who will be PM, DPM and who will be holding which Ministerial post......when Pakatan Rakyat take over?

At the moment, what is needed is for the Pakatan Rakyat to really work out what would be the real changes that it will bring about when, and if it were to get into power?

What would be its Agricultural policy, its Education policy....etc...? What are the changes that it plans to make? Would there still be the 'quotas'? In fact, all Malaysians are very curious as to what are the changes that will be happening... OR will it just be a change of faces in power, and nothing really changes..

All we know now is that there will be :-
** A drop of 50 cents in the price of petrol.
** An abolition of toll ----- not really? as nothing really has been said about that
** What else?? (Pakatan Really must look into this - and come out with more details...)

Who becomes PM is secondary...?

Maybe, the best thing to do is to set up a Government Advisory Coucil - who will be made up of the 3 leaders of the 3 main parties - Hadi, Lim Kit Siang and Anwar Ibrahim

...and someone else, acceptable to the 3, and the majority in Parliament be chosen and proposed as Prime Minister for the appointment by the Yang Di Pertuan Agung.

It is not healthy for anyone to say that he wants to be PM - or for others to say at this point and time that this person should be the Prime Minister, or that this person should never be the PM.

Malaysiakini, apparently have a position already, when it refers to Anwar Ibrahim, in its report, as "a self proclaimed prime minister-in-waiting - for the nation's top job".

Anwar Ibrahim, at this point and time, should just be the General of Pakatan Rakyat leading the war against General Badawi and the Barisan Nasional - in the war to govern Malaysia.

And when, and if the war is won, then we shall talk about the PM, etc - and as I mentioned earlier, it may be best that it be someone else who is PM - I would say that Syed Husin Ali is a good candidate for PM(but alas, he is not an MP - not yet anyway.) Maybe, Syed Husin should run as candidate at the next by-elections - that Kulim one...

Despite being repeatedly quizzed by reporters, PAS president Abdul Hadi Awang refused to state if PAS would endorse Anwar - a self proclaimed prime minister-in-waiting - for the nation's top job. "Wait for him to win first and see if there are changes in Parliament. After that we will discuss . We will see who is acceptable to the plural society," said Hadi, in reference to the Aug 26 Permatang Pauh by-election which Anwar will be contesting. - Malaysiakini, 15/8/2008 -Hadi non-commital on Anwar's PM bid

The biggest problem with Anwar - is that a lot of people believe that all he wants is to be the next PM - and that is his motivation and his whole agenda...and this is a problem - for Malaysians are not interested in helping people get positions - we want changes - more freedom, more human rights, more transparency, more accountability, more democracy...

By the way, who is the Opposition Leader in Parliament now...after Wan Azizah resigned...mmm - surely not Anwar's man, Azmin..

Anyway, let us all now focus on the upcoming Permatang Pauh by-elections - and maybe the Olympics too....

RM1 million for a gold medal...RM300,000-00 for a silver medal...RM100,000 for a bronze, so says Najib. Government money, I am sure, which surely could have used to subsidize petrol or provide housing to the poor... The Badmintion guy is already going to get RM300,000-00, and if he wins RM1 million...what do you say about this?...

BN's 'raced based politics' and 'quota mentality' need to be erased from our minds.

After primary school, I started losing my Malay friends who were being picked and send off to special boarding school. It continued as I moved into Secondary school. When I was doing my 6th Form in Kuantan's SABS, there were no more Malay students in my class.

Suddenly, when I entered University Malaya, there were again the Malay students - and the perception amongst many non-Malay students is that these Malay students just do not deserve to be there - and is only there because of the quota system and the special preference accorded to them.

Even when the Malay/Bumiputra students do well, the perception was that because there were different marking standards employed, 'the exam questions were leaked to them ahead of time - with the answers', they had special classes, where they were given the indication of the question that will be coming out for the exams.

After graduating, it is even worse - because many Malaysians look at Bumiputra professionals and/or graduates as 2nd-class.

It is really so unfair to a lot of Bumiputras - who would really in equal competition fare so much better than their other non-Bumiputras.

This ethnic-based practices assist in the kind of 'divide and rule' system used by the BN to continue to rule until possibly 2008 (we shall see what happens after September this year...) - a system that the British colonial powers used.

When I was in campus, in University Malaya, the effect of the separation of the Bumiputra from the non-Bumiputra did creat a lot of prejudices - that kept students of different ethnic groups apart - i.e. the 'divide and rule' plan work. (It is sad that so many Bumiputras in Malaysia do not really have a best friend [or even a good friend] who is non-Bumiputra, and vice-versa)

When in university, we did have some sessions where students just came together and shared - and for many, it was very eye opening to realize that human beings are the same - thus breaking down many of these prejudices. We also did make great efforts to bring students together through social service programmes, discussion groups, etc - and it helped break down some of the prejudices.

UITM is still 100% bumiputra students - and it means that even at the University level, the total 'divide and rule' agenda of the BN is still on-going, and as such the prejudices that divide Malaysians will continue here until maybe the time they come out and start working - if they take the effort to mix and interact as true friends with them non-Bumis...

The "Divide and Rule" was something that the British colonialist used - and it was adopted by the 3 race-based political parties UMNO, MCA and MIC, which formed the Alliance and today the BN - and for these parties to survive, it was important to continue to propagate the 'divide and rule' agenda, the 'quota' systems. With the quota system, the talk has always been about Malay-Chinese-Indian quotas, Bumi - Non-bumi quotas - and hence it continued to propagate the divisions between the communities and different ethnic groups that make up the Malaysian people.

As I mentioned earlier, the time has come now for us to move away from all these divisions and move forward becoming a Malaysian people - a Malaysian race - a Malaysian Nation.

With the Pakatan Rakyat - we have moved away from race-based politics of the BN - UMNO,MCA,MIC.... (For the survival of UMNO - they had to propagate the issue of 'Malay rights' - and they being the gladiator for the Malays, same with MCA for the Chinese, and MIC for the Indians....)

With the Pakatan Rakyat - we have moved away from race-based politics ...or have we?

But alas, the 'brain-washing' - and the being under the BN rule for too long a time -- has resulted many of us still being caught up with that 'ethnic-based quota-mentality'.

Even today, HINDRAF, for example, is talking about Indian quotas... and even the Selangor MB is still talking about ethnic quotas. The UiTM students who protested the statement of the Selangor MB also is still prisoner of the 'ethnic-based quota-mentality'.

We must seriously make efforts to start propagating the Malaysian race - the Malaysian people - the Malaysian nation...

I believe, that quota systems must still be there, but it must be to benefit the poor, those from the rural areas who do not enjoy the same level of opportunities and facilities as those in some big towns or some of them 'bigger' schools... It must be a socio-economic quota - not a race, religion or ethnic-based quota system.

The government is always propagating the idea that this is "sensitive" and it should not be discussed and/or questioned.

It is something that is in our Federal Constitution - and as such it is 'sacred' --- but hello, "Keluhuran Perlembagaan" translates to "Supremacy of the Constitution" - not 'sacredness' of the constitution.

And there are so many things in our Federal Constitution that are bad - that should be repealed...removed from our Federal Constitution - and this includes those provisions that allows Detention Without Trial laws to exist in Malaysia - that allows Malaysia to still be under un-revoked declarations of Emergency.

It is foolish to say do not challenge the Federal Constitution -- it is not perfect, and remember that to date there has been numerous constitutional amendments, and there will be more in the future. So, which Federal Constitution do we say is sacred - the original Federal Constitution or the one that has been amended so many times and so easily because BN (and the Alliance before) had more than 2/3 of the seats in Parliament - and with that the Constitution was so easily amended. (There is even no provision in the Constitution of Malaysis requiring the doing of a Referendum - i.e. people get to vote and have a say whether the Constitution needs to be amended - and only if there is 2/3rd support, can Parliament amend...as an example..).

*** I do not see why the Election Commission also have statistics about what is percentage of Malays, Chinese, Indians, etc in their records... why do the media also talk about this? Why do we bother about it being "Malay majority" seat or otherwise. All that should be important is the number of Malaysians in a particular constituency...nothing else (at least for the Election Commission....)

Formalize Pakatan Rakyat - Anwar should run under Pakatan Logo...not PKR logo

The Pakatan Rakyat should be formalized now - with a logo, a constitution, etc.... just like the Barisan Nasional.

The present "working relationship" between PAS, DAP and PKR (and some other political parties in Sarawak, etc..) is just too flimsy and uncertain - in fact, good if Anwar is running under Pakatan Rakyat name, flag, banner, logo... in the up-coming by-elections.

How does Pakatan Rakyat come to a decision or a position - is it by majority OR does it like the ASEAN require consensus (the later being not the preferred system).

Would the founding 3 have veto powers like the UN Security Council - would each of the parties in the coalition have ONE vote each, or will the vote be based on the number of members that they have (or something else).

Formalization now is good - on the verge of the formation of the Federal government...

Because tommorrow when in power, there may arise other complications ....remember that saying 'power corrupts absolute power corrupts absolutely' - Now the Pakatan Rakyat has power - and by 16 September, they may have absolute power.

To get absolute power - there may be parties leaving the BN and joining the Pakatan - MIC and MCA may come over and join the Pakatan. Maybe GERAKAN may join the Pakatan. Maybe PSM, when registered may join Pakatan....

mmmm

DAP is against ISA - Gunasekaren denies saying otherwise..

DAP has clarified matters in Lim Kit Siang's blog, and what is relevant is as follows:-

Detain Bar Council forum protestors under ISA - Gunasekaren denies

Today’s “PKR leaders want Zul to explain” carried the following report with regard to the continuing fallout from the storming and disruption of the Bar Council forum on “Conversion to Islam” by demonstrators in Kuala Lumpur last Saturday:

In SEREMBAN, state DAP deputy chief and Senawang assemblyman P. Gunasekaren said he wants the police to charge the demonstrators.

He said the police should have arrested them rather than allow them to enter the Bar Council office, which was private property.

“It is sad that the police allowed them to dictate terms. The demonstrators should be arrested and detained under the Internal Security Act for stoking racial sentiments,” he said.

I have checked with Gunasekaren and he has denied that he had made the remark about the ISA detention attributed to him.

DAP stand for the repeal of the nefarious detention-without-trial Internal Security Act is clear. All ISA detainees should be released immediately or be charged in court to avail them of an opportunity to defend themselves in an open trial.

We disagree with the demonstrators though we respect their right to protest against the Bar Council forum, which must be done peacefully and civilly.

However, what is unacceptable is the mob rule where demonstrators threatened to storm and a few stormed the Bar Council auditorium and disrupted the forum under the protection of the police!

Home Ministry oversteps the line by trying to tell Christians what religion is and is not...

I take offence when someone turns around and tells me what my religion is and/or should be. I am a Christian, a Roman Catholic - and in our religion, it includes all aspects of life - social, economic, cultural and political aspects.

For us religion, is not just about praying, going to Church, processions and reading the Bible - and the Home Ministry is treading on dangerous grounds in trying to define what 'religion' is for the Catholics. Just consider the Catholic church's social teachings and encyclicals.

Of course, human rights and justice issues are all part of the Christian faith. Current affairs, and discussion about what is happening in Malaysia and the world is all part of Christianity. For the Catholic Church, there are official Catholic Church teachings on all matters of the world.

As such, of course articles and/or editorials about the General Elections or the Permatang Pauh bye-elections are also matters so connected to our Christian Catholic faith religion - and it is right for the Herald to be carrying such articles in the Herald.

The threat of suspending the permit of the Herald should immediately be withdrawn...

The Catholic newsletter Herald may have its permit suspended if it goes ahead and publishes an editorial on the Permatang Pauh by-election.

An official with the Home Ministry’s publication control and al-Quran text division said this was because an editorial on the by-election was a topic under current affairs and politics.

“This clearly goes against the conditions of their permit which should only centre on their religion and religious activities. It will earn the Herald another warning letter and probably, even a suspension,” he said in an interview here yesterday.

He said the ministry was not satisfied with their answers to a show-cause letter as they were “clearly going against the conditions of their permit” by continuing to publish various articles, some of which were related to Islam. - Star Online, 13/8/2008 -Catholic newsletter warned to stay off politics

Some days back, a Malaysiakini report also dealt with this matter"-

Publications Control and Al-Quran Texts Unit senior officer Che Din Yusof when contacted confirmed that cautionary letters were sent to Herald but was unsure if any letters were sent to CANews.

"It is because what they did was contrary to the conditions in their permit. They are suppose to focus on religion but instead they focused on political issues on Anwar Ibrahim.

"We only sent a reminder, not a show cause letter. If they don’t comply with our reminder then we will send a show cause letter," he said.

He added that the ministry monitors these publications closely to make sure that they adhere to their respective permit conditions.

"We will see if they do it again. If they do, we will send another letter," he said... -Malaysiakini, 11/8/2008, Herald gets show cause letter

This is not the 1st time, that such letters have been sent to the Herald - but alas, for us not to discuss matters happening around us -- not to discuss Anwar - not to discuss the corruption in society - not to discuss upcoming Permatang Pauh by-elections, etc will be contrary to what the Christian faith requires of Christians.

What does the Home Ministry want us to do - be like 'frogs under the coconut shell' (katak di bawah tempurung) and pray...pray...

A conservative Christian is what the government of the day - one who just prays and prays. Our faith, alas, is a see, judge and act - and it is because of our faith that we did chose who we did in the last GE2008 in March 2008.

I also wonder why the Publications Control and Al-Quran Texts Unit is involved in making determination about a Christian publication - come on, this is too much.

Pakatan wants cosmetic changes only - 0% to 10%...

This is Malaysia - we are a multi-ethnic, multi-religious and multi-cultural nation, and after 50 over years of independence, certain positive affirmation policies need to be re-considered, and maybe even abolished. But then most likely the government and some quarters may say that these are "sensitive" issues that should not be openly discussed.

Of late, there has been much open discussions, and it comes to light that policies and practices that provide for Bumiputra quotas have really not been successful. In fact, it has been abused - and rich Bumiputras have benefited much and have become richer. The poor, which no real capacity to exploit these preferential quotas, have remained poor - or have become more poor. Which political party you belong to and your 'political connections' have also used to take advantage of these Bumiputra prefential practices.

It is not the poor Bumiputra that benefits...The rich Bumiputra have been becoming richer -- and as this policy failed to achieve more equitable distribution of wealth.

The BN government likewise have been slow to give us full statistics that look at individual households - rather than just looking at ethnic groups, as a whole.

If there is to be any quota system - or any policy of positive discrimination - it must no longer be based on ethnicity and/or religion - but on socio-economic factors - like pro-poor, pro-rural population..., pro-physically/mentally challenged, ...

We remind ourselves that Malaysia has one of the highest gap between the poor and the rich.(In 2004, it was said that the top 10% was about 22 times richer than the bottom 10%. In a country of about 27million, the bottom 10% is about 2.7million persons). This is the biggest failure on the part of the Barisan Nasional - they had failed miserably and embarassingly. They failed to achive a fair and equitable distribution of wealth and resources amongst Malaysians.

With regard to the gap between rich and poor, Malaysia is far worse than India, Indonesia and the Philippines. Can you believe that?

For the sake of unity -- for the sake of developing a one Malaysian people - it is time to re-think and do away with any government or government-linked or government-assisted educational institution, program and activity which caters only for one ethnic group. We are Malaysians.

We must start by stopping to ask this question of what our 'bangsa' or 'ras' or 'ethnicity' is in all forms, etc. We should be all just Malaysian - pure and simple. Not 'Chinese Malaysian' or 'Malaysian Chinese' - just Malaysians. Also, there must a realisation that there has been a lot of inter-racial, inter-ethnic and inter-cultural marriages - and really, it is becoming really difficult to find any more pure 100% Malay, pure 100% Chinese, etc... Our PM, himself is married to a Eurasian. The PM, himself has apparently some Chinese blood. The former PM was said to have Indian blood. And our possibly next PM, Anwar Ibrahim, has Indonesian blood - apparently Batak ethnicity.

It is sad that even Pakatan Rakyat still talks about quotas - even HINDRAF is still talking about quotas. All these have to stop.

Pakatan Rakyat MB of Selangor asked for a miserable 10% of the seats in UITM to be given to non-Bumiputra students - and I am dissapointed that this is all he asked for. Is this what the PKR and Pakatan Rakyat is all about. Do they want real changes and real REFORMASI or are they just talking about some little cosmetic improvements... like from 0% to 10%... This is not at all reformasi...

Selangor Mentri Besar Tan Sri Abdul Khalid Ibrahim has no power to propose that Universiti Teknologi Mara (UiTM) be opened to non-bumiputras, Datuk Seri Abdullah Ahmad Badawi said.

The Prime Minister said matters relating to student intake was the prerogative of the relevant higher education institution.

....On Monday, Abdul Khalid proposed that 10% of places for new students in the university be reserved for non-bumiputra and foreign students - Star Online, 13/8/2008, 'MB can’t open UiTM intake to non-bumis’

2 points to be made here:-

Firstly, any Malaysian has the right and the 'power to propose[suggest, recommend, express an opinion, etc..] that Universiti Teknologi Mara (UiTM) be opened to non-bumiputras' - so the Prime Minister was very wrong when he made that statement, as reported.

Secondly, MB Selangor is talking not just about this 10% being Malaysian non-bumiputras - but also foreigners. So what 5% Malaysian non-bumi malaysians and 5% foreigners. Clearly, the call of the MB is not a true REFORMASI - but just for a little cosmetic changes. (I believe that even today, there have been non-bumiputras and/or foreign students in UITM - maybe some MP may ask that question in Parliament...)

I am of the opinion that 100% for Bumiputra Universiti Teknologi Mara (UiTM), and such institution must be phased out completely. If there is going to be preferential quotas, it must be for the children coming from the poorer families and/or rural areas/regions of the country.

Quotas should not be based anymore on race, ethnicity and religion for it has been proven that it does not even bring fairness and justice to the people from even those beneficiary ethnic group.

While Pakatan Rakyat is asking for measely 10%, MIC, MCA, PPP, GERAKAN and all them other BN parties do not seem to even to be even championing for reforms or the rights of their own non-Bumiputra members or constituents. Are they happy with things as they are now?

DAP Deputy State Chief's call to use ISA is shocking...

Be principled..

Be clear and constant with your stance.

Do you advocate for Freedom of Assembly, Freedom of Expression and/or Freedom of Opinion in Malaysia? I do

Do you take the position that there is no need to get police permission before one can express one's Freedom of Assembly, Freedom of Expression and/or Freedom of Opinion in Malaysia? I do not believe that I need to get anybody's permission for me to be to exercise my fundamental human rights.

We have condemned previous police suppression of the prople's freedom of assembly, the freedom of expression, the freedom of opinion. This is our position - and we cannot now suddenly change that position from time to time according to who is the participants of a protest, or on the basis of what they are protesting about.

Some are angry that the police did not disperse the crowd that was protesting in front of the Bar Council on Saturday(9/8/2008) - what do you want? Water cannons and tear gas...police bashing of protestors and arrests. No way - my friend.

In fact, I must say that I am happy with the conduct of the police in not breaking up the protest/demonstration in front of the Bar Council building.

BUT, when they entered into the Bar Council building (which is a private property), entered into the hall where the forum was being held, and caused the forum to stop prematurely - the protestors (or some of them) CROSSED THE LINE - and caused other to be be deprived of their fundamental rights. The police should have acted and prevented this from happening.

After all even during nomination days, the police wisely keep them supporters of different groups apart - preventing any untoward incidents...and likewise, the police should have drawn the line as to where the protestors can stand and protest, ensured that there was no impediment to any person who wanting to attend the forum, etc...

"Where are the water cannons?" - Some friend jokingly commented that they had already been taken to Permatang Pauh for the elections - that is why they did not bring out the water cannons on Saturday...mmmm. Or is the fuel hike also affecting the usage of water cannons...?

I am disappointed with the DAP (or at least some of their members) - which seem to be asking for the police to break up the protest - hence depriving people the right of assembly, protest and expression (But alas, I rely on a Star report - and it may not reflect the full truth - maybe it was just a report against them who trespassed the venue and broke up the forum - not against the persons protesting peacefully outside the Bar Council building, mmm )

Earlier, Bukit Kepayang assemblyman Cha Kee Chin lodged a report at the police station against the demonstrators. Accompanying him were Seremban MP John Fernandez, Temiang assemblyman Ng Chin Tsai and Gunasekaren.

In his report Cha said he failed to understand why the police couldn’t control the crowd and ask them to disperse although they numbered only a few hundred. - Star Online, 12/8/2008 -Cops urged to act against forum-bashers

I am, again based on the Star report below, definitely disappointed with DAP's Negeri Sembilan State Deputy Chief and Senawang asemblyman P. Gunasekaren for even suggesting the usage of the ISA, that draconian Detention Without Trial law, that we all despise and want repealed. How could he call for the arrest and detention under the Internal Security Act?

Its state deputy chief[DAP Negri Sembilan State] and Senawang asemblyman P. Gunasekaren said police should have arrested the demonstrators rather than allowed three of them to enter the Bar Council office, which was private property.

“It is sad that the police allowed them to dictate terms. The demonstrators should be arrested and detained under the Internal Security Act for stoking racial sentiments,” he said when met at the district police station in Seremban 2.

I always believed that the position of DAP, PAS, PKR and the Pakatan Rakyat was that they are totally against all laws that allow for Detention Without Trial, and I was looking forward for the immediate repeal of the ISA and all Detention Without Trial laws, and for the release of all those currently detained, restricted, etc under such laws when they do come into power...

But now, after the statement of a Deputy State Chief and Assemblyperson of DAP, I have doubts as to whether there has been a change in position ( more so when they are so near to the taking over of the Federal Government)...and I have to ask that DAP, PAS, PKR and the Pakatan Rakyat to come out and clarify their position and promise all Malaysians that it shall be repealed, and all currently detained be immediately released in less than ONE(1) month after they form government. [I have to state a time-frame because past experience shows that they can procrastinate ... as what has been happening with the Local Council Elections..]

DAP and all parties should educate their leaders, members and especially elected reps of the fundamental party positions on certain matters. Action should also now be taken against Senawang asemblyman P. Gunasekaren, if he did say that to the press.

I am also totally disappointed by all those who have been calling for the usage of the ISA (and/or Detention Without Trial laws) --- It is acceptable to make reports and ask that persons be investigated for this offence and that offence - but certainly not for any person to be detained under a DETENTION WITHOUT TRIAL law - where there is not even the opportunity to defend oneself, let alone a fair and open trial...it is evil and unjust. I am sure also that it is against the values of all religions and cultures.

It is good that some have clarified that they did not call for the use of ISA...

Under-fire PAS Youth leader Salahuddin Ayub, who led the Islamic party's protesters against a Bar Council-organised forum on conversion last Saturday, said he never called for the use of ISA against the council members.

MCPX

While he had led his group of demonstrators, the Kubang Kerian MP denied that he had called for Bar Council chief Ambiga Sreenevasan's arrest under the Internal Security Act.

The PAS leader was quoted in a local daily as being in favour of the Act being used against the Bar Council and it's leaders. -Malaysiakini, 12/8/2008 - 'Salahuddin: I'm against the use of ISA'

PR, take a stand NOW on their Bar Forum "storm-troopers" - not after Aug 26.

"Closed door discussions" - that is what the possibly soon to be former government has always been doing and then coming out with a statement that this decision or that decision had been made. Who were the persons in that closed-door discussion? How do you choose them? What were the points raised this way, and that -- all this would be denied the people if one were to adopt the position that it should be a closed-door dialogue or discussion. We must be open -- and mature.

Mature in a sense that we are willing to listen and appreciate the points made by others, and take it into consideration. Mature is the putting forward of our points for the consideration of others. Mature is not the calling of names ---"Babi", etc... Mature is not the rediculing of others.

But alas, Malaysians do not really have good examples about how to be mature and be able to conduct proper discussions. Just look at our Parliament - see how they behave. Name calling, and all. There really was not much of a debate in the past (my hope that things would be better in the future). I believe, if the live telecast of the Parliamentary proceedings is from start to end of the parliament session, then the quality of our Parliament and its debate may improve because the rakyat will be watching...and evaluating them MPs. {No need to have any special commentator, or editing - just broadcast what is happening in the Dewan, as has been broadcasted through CCTV throughout the Parliament in the lobby, kantin, etc... there should not be any real increase in cost there. InThailand, it has been full broadcast for a long time..

Back to 'closed' or 'open' dialogue/discussion - I am an advocate of OPEN dialogue...OPEN Forums...OPEN Discussions. Every person should have a right to participate - to express an opinion - to lobby a position...

No more secret meeting where REPS sit and dialogue. For the Indians, most likely someone from MIC, for the Chinese, someone from MCA and for the Malays, someone from UMNO - that is how the BN did it ....but the fact is that political parties really do not represent the majority of the people in Malaysia. What is their membership? We are 27 million....

Can the Wakil Rakyats be representing us .... how can this be for they do not even meet the rakyat and get their views and comments. Many wakil rakyat are seen during the period before the elections and thereafter for some fuctioon here and there - but really, there is almost no opportunity for the people to meet with their MPs and/or ADUN.

Priests, Imams, etc -- come..come. They may be good for theological debates and discussions BUT many are really not in touch with the reality of their flock..

So, at the end of the day, I cannot agree with Anwar Ibrahim and the PKR about the fact that it should be 'behind closed doors'...

He [Dr Syed Husin Ali , PKR Deputy President] said PKR fully supported its adviser Datuk Seri Anwar Ibrahim’s view that the seminar should be organised behind closed doors, in view of the sensitive reactions and wrong perception among a section of the Malay-Muslim population. - Star Online, 11/8/2008 - PKR mulls over action on MP who stormed forum. -

Now, it was an ordinary forum but then people (who should have been more responsible) made it 'sensitive' and 'controversial' by their very statements to the media, and that included our DPM, Najib - who now rather than speak against the 'childish' badly behaved mob that barged in and caused an early end of the forum goes on happily with an "I told you so" statement and further brainwashing the ordinary Malaysian ninto thinking that such issues are 'sensitive'

Datuk Seri Najib Tun Razak said he had expected the extreme reaction to occur as the council ignored advice to call off the forum.

“We had expected this to happen. I’ve already said this before, don’t make it an open forum, do it behind closed doors. There will surely be some form of extreme reaction that will occur (if it was held openly).

“We’ve expected the incident to happen because the issue that was to be discussed is sensitive,” he said ..." Star Online, 11/8/2008 -Najib: Bar Council’s persistence caused extreme reaction

Now, there was a full crowd at the forum - and everything was going on well and nice -- until the group of protestors entered the venue and caused the forum to end prematurely. People were interested in the topic - people came to hear the different views. People also may have wanted to express their own views (but maybe the premature ending prevented did deprive many their rights to have their voices heard...to express themselves)

SENSITIVE - what is the sensitive about the forum.

Is it in any way advocating the abolition of the Syariah Court? NO

Is it in any way undermining Islam? NO

So, what are the concerns that results in people discussing Art 121(1A) and those cases...

Well, I am NOT very well versed about the various issues, but some concerns have cropped up in the past few years ..

When a man converts to Islam..and leaves (or do not leave) his non-Muslim wife, what happens when he dies? From the wealth and property he leaves behid, would his non-Muslim wife, his non-Muslim children, his non-Muslim parents and his non-Muslim dependents get anything. (without this inheritance, it may cause great hardship especially for the lower middle income families..)*** Does the Syariah law provide for this situation? Not really - so what do we do?

When a man converts to Islam - and his wife does not.What happens to the faith of the children? In terms of divorce, who will get custody of the children of the marriage? Interesting...

A man dies -- and suddenly his friends come and say that he is a Muslim. To his immediate family, he is not. What happens in this kind of situation? Who decides? What happens to the body..the funeral..etc..?

Such kinds of issues have been cropping up for a very long time, but over the past few years it has attracted the attention of the media and the public... and whatever the solution, it is something that cannot be rushed into ..and there is a NEED for real open discussion of the various concerns, issues and the possible Malaysian solutions...

SENSITIVE?...Well, it is time for 50 over years old Malaysia(and Malaysians) to grow up and start looking at the DIFFICULT MATTERS , yes reasonably look at it, and work out a solution...No more pushing it under the carpet and pretending it does not exist...or that it may go away on its own...

Name calling and breaking into forums...is not the answer...serious discussions, dialogues..is the way towards a GOOD Malaysian solution.

Well, back to the 'storm-troopers' of the Bar Forum, what about them - What is your stand PR, PKR, PAS, DAP? You cannot just ignore the fact that one was a chosen one - a Pakatan Rakyat MP, a PKR MP...and the other name mentioned was a PAS leader..

So, PKR has stated that they will be taking action against their BUT at the same time there is word that they would like to delay it to after the Permatang Pauh by-elections...and the reason is that they do not want to offend certain quarters...and do not want to jeopardize loss of some needed votes (Importantly, Zulkifli is the current MP of the nearby Kulim-Bandar Baharu constituency - and no wants him(and his supporters) to now start campaigning against the PKR because action is being taken against him..)

This is LAME - the people need to know the PKR stand on this.

The people also need to know the PAS stand on this as one PAS leader was also involved... and they want to know NOW.

We want to know the PAKATAN RAKYAT position - they possibly may be the next government of Malaysia.

For, if not, I am sure whether

- what happened that Saturday at the Bar Forum;

- and the lack of action on the part of PKR, PAS and the Pakatan Rakyat

may (or may not) have an impact in the coming by-elections.

When a clear stance is made, and action is taken(or not taken) against the 'storm-troopers' - some may not be happy...but we cannot help that. Our stance and position must be based on principle and good values - and will be a clear indication of what we REALLY are (not what we pretend to be)

***Some comments to the earlier post also say that UMNO was involved - and maybe so, but the media reports refered to Zulkifli as leader and named a PAS leader as being present. In that case, UMNO and BN also must make their stance clear...very clear and soon.

PKR is expected to discuss action to be taken against its Kulim-Bandar Baharu MP Zulkifli Noordin for his behaviour during a protest against the Bar Council forum on “embracing Islam.”

Party deputy president Dr Syed Husin Ali said PKR condemned the “rough action” of a small band of the demonstrators who “shouted rude and uncivilised language” against the organisers and forum participants on Saturday.

“We regret that unfortunately the ‘fiercest’ among them was someone known to be a lawyer and Member of Parliament,” Dr Syed Husin said in a statement issued yesterday.

While the statement did not mention names, Dr Syed Husin, when asked if disciplinary action would be taken against Zulkifli who led protesters into the forum hall, said many PKR leaders and members wanted it to be raised.

“I assume it will be discussed at the party level although at the moment we have bigger things to focus on,” he said of PKR’s preparation for the Permatang Pauh by-election.- Star Online, 11/8/2008 - PKR mulls over action on MP who stormed forum.

I must state that they had a right to peacefully protest - express their opposition to the holding of the forum. That is their right ....

BUT when they entered (or stormed in) the forum and caused it to end prematurely, that was wrong...

(Of course, the calling of names, etc... is bad..)

PKR,PAS Pakatan Rakyat (not UMNO or BN) that forced Bar Forum to end prematurely

There, leading the protestors that caused the Bar Council organized forum on Saturday(9/8/2008) entitled “Conversion to Islam: Art 121(1A) of the Federal Constitution, Subashini; Shamala Revisited” to end prematurely were Pakatan Rakyat leaders, not UMNO ...not the BN. It was led by PKR Kulim-Bandar Baharu parliamentarian Zulkifli Noordin.

A leader of the protesters - PKR Kulim-Bandar Baharu parliamentarian Zulkifli Noordin - declared the abrupt end of the forum as a victory for them. By 10.40am, most of the protesters have dispersed.

...The protesters, many of whom are from Muslim welfare organsation Perkida and Islamic party PAS, shouted, “Hancur Bar Council” (Crush Bar Council), “Hidup Islam” (Long Live Islam) and “Batal forum” (Cancel the forum).They are carrying placards saying “Jangan cabar Islam” (Don’t challenge Islam) and “Bar Council, Don’t play with fire”.

....Speaking to reporters later, Zulkifli said that he had led a delegation of four individuals representing the protesters to state their position with Bar Council president Ambiga Sreevenasan and vice president K Ragunath.- Malaysiakini, 9/8/2008, Protesters stop Bar's 'conversion' forum

Is this an indication of what Malaysians can expect if and when the Pakatan Rakyat comes into power? I remember another PKR leader, one Saiffudin Nasution, was the leader of the mob that broke into and disrupted a forum on East Timor (the APCET Forum) many years ago - and he was in UMNO then.

I looked for a response from the PKR, Pakatan Rakyat and/or its de facto leader Anwar Ibrahim, and I saw none -- only a pre-forum disruption comment that he preferred if that session was a closed door affair.

Zulkifli Noordin is not an ordinary member of the PKR, he is an elected MP - a chosen candidate of PKR. If not mistaken, he was in the Supreme Council at one time. (Interestingly, I believe Zulkifli Nordin was and may still be a member of the Bar Council today)

I wait to see the PKR and the Pakatan Rakyat response - either there will be an a 'sanction' against the said Zulkifli Noordin - or we can all take it as an endorsement of the actions of Zulkifli Noordin.

Given the presence of PAS leader, Salahuddin Ayub, PAS will also .ahve to respond.

Maybe, we need a response from the Pakatan Rakyat.

Among the protest leaders seen in the crowd are PAS Youth chief Salahuddin Ayub and Zulkifli. - Malaysiakini, 9/8/2008, Protesters stop Bar's 'conversion' forum

Freedom of expression is one thing. That means, it your right to peacefully assemble and express your protest.

But the barging into the forum, and getting it to stop mid-stream is a totally different thing - it is not acceptable - in fact, that becomes an infringement of the fundamental right of expression.

At 9.50am, a handful of protesters, led by Kulim Bandar Baharu parliamentarian Zulkifli Noordin from Parti Keadilan Rakyat (PKR), muscled their way to the front of the first-floor auditorium at the Bar Council headquarters in Leboh Pasar Besar here amid an ongoing and lively discussion on the 2006 court case of R. Subashini,... - Malaysian Insider, 9/8/2008 - The day the loudest won the day... or did they?

What makes it worse, was that this was a forum organised by the Bar Council - the same Bar Council, whose lawyers were out there assisting those arrested and detained for illegal assembly including during the Reformasi days, those arrested under the ISA, and ....

What makes it worse, was that this was a balanced forum which saw speakers, who held very different perspectives.

Among the speakers at the forum was syariah lawyer Mohd Haniff Khatri Abdulla. Mohd Haniff represented the Federal Territory’s Islamic Religious Council in the case of R Subashini. K Shanmuga and Ravi Nekoo, who were counsel for Subashini and S Shamala, respectively, also spoke.

...Former Syariah judge and currently the Federal Territory Islamic Department’s syariah prosecutor Dr Mohd Naim Mokhtar pulled out as a panel speaker earlier.- Malaysiakini, 9/8/2008, Protesters stop Bar's 'conversion' forum

And reading the New Straits Times today, frontpage (On Line Edition) - with the heading "Positive Start To Religious Dialogue" , I see something of a different more positive more open stance being taken by the BN government here -- after all, we all know who controls contents of the NST.

Sabariah Abdullah, head of the Allied Coordinating Committee of Islamic NGOs (ACCIN) said in a text message that the meeting "was a good start to express feelings, anxieties and dissatisfactions from both sides".

"Although we can't find all the solutions to the problems, it was a fruitful event."

To continue with this spirit, she said ACCIN was organising two more dialogues at the end of this month with Hindu Sanggam and a Christian group.

"Everyone engaged in inter-religious dialogues must keep an open mind. Listen to what is said, not who says it.

"We must respect others and at the end of the day, celebrate the agreements and respect the idea of 'agreeing to disagree'. We can be different and yet live in harmony; laws of the country must be respected." - New Straits Times, 10/8/2008 ,Positive start to religious dialogue

If the Zulkifli Nordin, Salahuddin Ayub, PKR , PAS, and the Pakatan Rakyat had different viewpoints on the subject matter of the forum, then they should have participated - not try to prevent even the 'forum' or discussion.

Pay heed to the words " "We must respect others and at the end of the day, celebrate the agreements and respect the idea of 'agreeing to disagree'. We can be different and yet live in harmony..."

The people at GE2008 showed more support to the Pakatan Rakyat because they thought it was better than the BN - but after what happened on Saturday, maybe we should re-evaluate.

Maybe, if there is no clarifying response of the Pakatan Rakyat position, be campaigning to ensure that Anwar Ibrahim does not win in Permatang Pauh - or that even if he wins, he does so with a much lesser majority.

WHY? Because many a times, the only way to communicate our displeasure with a particular political parties and politicians is through the ballot box...

Let us wait for the Pakatan Rakyat - PKR response...

CIJ:-Arrest and harassment of bloggers under criminal laws must stop

Centre for Independent Journalism (CIJ)
27C Jalan Sarikei, off Jalan Pahang
53000 Kuala Lumpur
Tel: 03 4023 0772
Fax: 03 4023 0769

Press Release
8 August 2008

Arrest and harassment of bloggers under criminal laws must stop

The Centre for Independent Journalism (CIJ) condemns the police arrest of
blogger Abdul Rashid Abu Bakar, owner of the blog penarik beca (trishaw
peddler), under the broadly worded Sedition Act, which gives the state a
free hand in punishing any form of expression. Seen from the frequency
with which the Sedition Act is being invoked against bloggers, this law is
clearly the preferred instrument to punish and harass bloggers who are
being critical against the state institutions and personalities.

Police arrested blogger Abdul Rashid Abu Bakar, known as Pak Bakaq in his
blog, late in the evening of August 7, at the blogger's home and
confiscated his computer in a raid. Abdul Rashid is now being remanded in
the Bukit Aman police headquarters in the capital city since his arrest.

When contacted by CIJ, the coordinator of the case, DSP Victor Sanjos of
the Commercial Crime Unit, said Abdul Rashid was detained for publishing
in his blog a digitally manipulated image of the police insignia, deemed
to be "insulting" to the police force. Included in Abdul Rashid's version
were modifications substituting the head of a tiger for that of a dog, the
jawi script of "Allah" and "Muhammad" for "C4" (the explosive used in the
murder of the Mongolian Altantuya Shaariibuu), and the word "Malaysia" for
"Israel". In addition to this charge, Abdul Rashid is also being detained
for alleging in his blog business connections between the force and triad
society.

The officer did not specify when and whether or not Abdul Rashid will be
formally charged.

On May 6, blogger Raja Petra Kamaruddin of the Malaysia Today was charged
with Sedition Act over a posting on the murder of the Mongolian Altantuya
Shaariibuu. He was later additionally charged under criminal defamation
for his statutory declaration on the same subject on July 17.

The invoking of Sedition Act and criminal laws aimed at criminalizing
freedom of expression send a chilling effect to other bloggers and
writers. It takes away the room for the public to express critical opinion
in any form on the state institutions and key personnels. The broad
discretion afforded to the police under the law also makes it convenient
for the police, or any other state institution, to eliminate public
scrutiny by criminalizing this critical behaviour. This goes against
democratic practices in which public institutions are subject to the
public check and scrutiny.

CIJ calls on the police to immediately release Abdul Rashid and drop all
charges against him. We urge the government to repeal the Sedition Act
which has been used against critics under the pretext of protecting
national security. There are laws in place, such as those aimed at
deterring incitement and hate speech, that sufficiently serve the purpose
of maintaining national order and harmony.

The Centre for Independent Journalism, Malaysia (CIJ) aspires for a
society that is democratic, just and free, where all people enjoy free
media and the freedom to express, seek, and impart information.

Ends

Issued by
Centre for Independent Journalism (CIJ)

Malaysiakini report, 8/8/2008 entitled 'Logo anjing: Penulis blog dibebas?' also indicated that he may...MAY be released today at 4pm (but still no news of any release at time of posting...)

Menurut Bernama, penulis blog itu ditahan di rumahnya pada pukul 10 malam di Taman Koperasi Polis, Gombak bagi membantu siasatan mengikut Seksyen 4(1) Akta Hasutan 1948.

Penulis blog Abu Bakar Mohd Rashid yang ditahan sejak kelmarin kerana menggantikan kepala harimau dengan "kepala anjing" di lambang rasmi Polis Diraja Malaysia (PDRM) di lamannya dijangka akan dibebaskan jam 4 petang ini.

Isterinya memberitahu Malaysiakini sebentar tadi, jika wartawan sambilan itu memberikan kerjasama dalam siasatan polis, beliau akan dibebaskan daripada tahanan di ibu pejabat polis bahagian jenayah perdagangan, Kuala Lumpur.

Abu Bakar (foto kanan), yang juga dikenali Bakar Haq, popular dengan kelantangannya mengupas isu-isu politik di blog nya 'Penarik Beca' (www.penarikbeca.blogspot.com).

__._,_.___

Ketua Kampung - Elected by people in Perak, Chosen by government in Selangor

Congratulations MB and the government of PERAK for allowing the people to choose their own "Ketua Kampung" ...

Beliau juga mengucapkan tahniah kepada mereka yang telah berjaya di pilih oleh penduduk kampung masing-masing sebagai Ketua Kampung yang baru dimana sebelum ini , perlantikan dibuat melalui kuasa politik.

Menteri Besar , Dato’ Seri Ir Haji Mohamad Nizar Jamaludin dalam ucaptamanya berharap perlantikan tersebut dapat meningkatkan usaha penyampaian maklumat dan hasrat rakyat untuk diambil tindakan oleh kerajaan negeri.- Perlantikan Ketua Kampung Negeri Perak, 8/8/2008 - (taken from Al Husseyn's Blog)

Shame on you MB and government of SELANGOR for not believing in democracy - and continuing the process of appointment, as was done by the BN.

Selangor Lantik 363 Ketua Kampung Baru

SHAH ALAM, 6 Ogos – Seramai 363 ketua kampung yang baru telah dipilih, kata Pengerusi Jawatankuasa Tetap Pemodenan Pertanian, Pengurusan Sumber Alam dan Pembangunan Usahawan, Yaakob Sapari.

Beliau berkata watikah perlantikan jawatan ketua kampung tersebut akan diberikan dalam satu majlis khas yang akan ditetapkan kelak.

“Kesemua mereka yang dilantik bakal melalui tempoh percubaan selama enam bulan,” katanya dalam sidang media selepas mesyuarat mingguan Exco, dekat sini petang tadi.

Menurutnya lagi, dalam tempoh tersebut nama mereka (ketua kampung) akan disemak Jabatan Insolvensi dan pihak polis.

Katanya, ia penting bagi memastikan hanya mereka yang mempunyai rekod yang bersih sahaja dibenarkan meneruskan perkhidmatan sebagai ketua kampung.

“Perlantikan mereka dibuat secara telus dan kita juga telah menetapkan mereka yang menjawat jawatan ketua kampung tidak dibenarkan memegang apa-apa jawatan dalam parti sebagaimana yang dibuat oleh kerajaan terdahulu,” ujarnya.

Katanya lagi, kerajaan negeri juga berharap mereka yang telah dipilih akan melaksanakan tanggungjawab dengan adil, telus dan bertanggungjawab tanpa mengira pegangan politik.

Dalam pada itu, Yaakob berkata terdapat lima buah kampung di Hulu Langat masih belum mempunyai ketua kampung berikutan proses temuduga masih dijalankan.

Katanya, kampung yang terlibat ialah Kampung Seri Jambu, Kampung Melayu Ampang, Kampung Tasik Permai, Kampung Sungai Batu dan Kampung Pandan Dalam. – MURIZA ABDUL HAMID - taken from Suara Selangor Maju (the official State Government Website)

I reiterate the call for elections at all levels of government - from the Ketua Kampung & JKKK, Ketua Taman & JKKT, Local Council, Penghulu and even for the Senators from the States.

Give back the power of choice to the Rakyat.

Appointment by state governments was the old BN way - and hopefully the Pakatan Rakyat will be different - and will be for great democracy...

CONGRATS PERAK STATE GOVERNMENT

Selangor, Penang and the rest of the State governments should follow the good example of Perak...

'Childish' Anwar should campaign for reforms that will benefit OTHERS as well..

Anwar was being rather childish when he asked why Saiful, the complainant was not also charged? (If that comment came from his lawyers or some other, it would have been OK).

Moments after claiming trial for alleged sodomy, Datuk Seri Anwar Ibrahim questioned why his accuser was not charged along with him. The Parti Keadilan Rakyat de facto leader pointed out that the charge implied that the alleged act was consensual.

"If it was consensual, then he (Mohd Saiful Bukhari Azlan) should be charged along with me," he said inside the Sessions Court after proceedings.

Anwar, who will turn 61 on Sunday, was charged with committing carnal intercourse against the order of nature at a condominium here in June.

"Until last night, they talked about rape. But now, the charge states that it was consensual."- New Straits Times, 8/8/2008 -Anwar: Charge accuser, too

Anwar had asked why Saiful had not been charged as well since the alleged sodomy act was said to be consensual.

“If it is “suka sama suka” (consensual), why was I the only one being charged? If it is consensual, both should be charged,” he added.- New Straits Times, 8/8/2008 - Syed Hamid: Saiful not charged because he is key witness

And, of course the explanation of Syed Hamid was also pathetic, and raises questions as to whether this Minister and that Minister or the PM/DPM was involved in making the decision of who to charge and who not to charge....

Mohd Saiful Bukhari Azlan is not being charged because he is the key witness in the sodomy case against PKR de facto leader Datuk Seri Anwar Ibrahim, said Home Minister Datuk Seri Syed Hamid Albar.

He said that in a criminal justice system, when a person comes forward to report on a matter, the person would be protected.

“Usually, the victim is given protection,” Syed Hamid said after the MoU signing ceremony between Malaysian and Australian Governments on immigration cooperation here yesterday.- New Straits Times, 8/8/2008 - Syed Hamid: Saiful not charged because he is key witness

We must ask ourselves as to Who really should have the power to decide on which case to investigate, and which not to? - When one makes a police report, and the police do not investigate - one can go and make a complaint to the Majistrate...and the Magistrate can get the police to investigate.

Who should have the power to decide as to which person to charge and which person not to charge? For the offence of corruption, it may be good to have the position that the one who 1st complaints will not be charged - or maybe will be subjected to very minimal sentence. But, I do not think it is right for offences like consensual carnal intercourse against the order of nature. That the complainant will not be charged should be clearly inserted into the law - if that is what Malaysians want - not left to choices that a Minister or PM can have.

We also really must look at BAIL in the Malaysian Criminal Justice system - Anwar Ibrahim did not have to take out any money because he was released on a personal bond..and this is good.

She then said it was elementary in criminal justice that a man is innocent until he is proven guilty and that bail was to ensure the accused's attendance.

"I don't think there is any likelihood that Anwar will abscond," she said before releasing him on a personal bond of RM20,000 with no surety.- New Straits Times, 8/8/2008 -Anwar: Charge accuser, too

Likewise, when it comes to Bail in all other cases, let it not be forgotten that 'that a man is innocent until he is proven guilty and that bail was to ensure the accused's attendance.'.

The practice of imposing very high bail -- I mean, 'very high' from the perspective of the common man. Courts usually set bail at RM2,000 and more - and for many, there really is no way of raising that sum save by going to them 'ah-longs' and getting the money. That is why hundreds and thousands of persons in Malaysia are in remand prison waiting for their criminal trial to start and/or end.

Some even end up spending more time in the remand prison than the maximum sentence if they were to be found guilty of the offence charge.

'High bail' is also one of the reasons why many innocent persons plead guilty so that they can move on with their life after spending a certain period in prison.

So let us now be campaigning for minimum bail sums - and for more releasing persons on personal bonds - or maybe even some system where 'no money has to be deposited NOW' by sureties system. Today, Malaysian courts want only CASH and will not even accept land titles, share certificates, etc...

Anwar, who has experienced police lock-ups, torture in the hands of the police, remand prison situation and jail -- has really not been doing enough to get REFORMS. We only hear about his own predicaments and sufferings - but really, if you want to be the leader of the people/s, then you must also be concerned about raising issues that would lead to the betterment of conditions for others...

Some 'carnal intercourse against the order of nature' laws must be repealed.

Well, alas we do have the charge against Anwar Ibrahim....thanks to Malaysiakini.

Back to matters at hand, where this may also be the time when we, Malaysians, should apply our mind to the question of whether some of these offences, now present in our Malaysian laws are really absurd and should be just removed and deleted...

What is carnal intercourse against the order of nature? Well, s.377A defines it..."Any person who has sexual connection with another person by the introduction of the penis into the anus or mouth of the other person is said to commit carnal intercourse against the order of nature.". In short, when it comes to sexual or carnal intercourse - the only thing that is permissible in law is the introduction of the male penis into the vagina....

And according to the law, the act of kissing the penis...or the sucking of the penis...or licking the penis is AGAINST THE LAW. The explanation to s.377A makes it most clear when it states that "Penetration is sufficient to constitute the sexual connection necessary to the offence described in this section." - and would include the slightest penetration...

Wonder, how many Malaysians have committed this offence of having '...carnal intercourse against the order of nature...'. ? [By the way, at one time it was a sin in the Catholic Church for one to enjoy sex..sexual intercourse...carnal intercourse - as it was only for the purpose of procreation. Hence, having sex just for fun...not for procreation is WRONG....it was against the 'order of nature'...

377B - says that it is an offence even if it was done with consent of the parties... , and I wonder why?

It is ok if it be made an offence if it was done onto another without the other's consent...etc...(or when the other is a minor.)

Of course, good Muslims, Christians, Jews and religious persons (hypocrites or otherwise) will stand firm in defence of this archaic law...

Interestingly, in England under the Sexual Offences Act of 1967 buggery is no longer an offence if committed in private between two consenting adults of and above the age of 21.

So, should we also maybe consider whether maybe --- similarly when "...committed in private between two consenting adults of and above the age of 21...", all forms of this 'carnal intercourse against the order of nature'... should also not be an offence in Malaysia.

OF OFFENCES AFFECTING THE HUMAN BODY

Of Unnatural Offences

377A. Carnal intercourse against the order of nature.

Any person who has sexual connection with another person by the introduction of the penis into the anus or mouth of the other person is said to commit carnal intercourse against the order of nature.

[Subs. by Act A727 w.e.f. 5 May 1989]

Explanation - Penetration is sufficient to constitute the sexual connection necessary to the offence described in this section.

377B. Punishment for committing carnal intercourse against the order of nature.

Whoever voluntarily commits carnal intercourse against the order of nature shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to whipping.

377C. Committing carnal intercourse against the order of nature without consent, etc.

Whoever voluntarily commits carnal intercourse against the order of nature on another person without the consent, or against the will, of the other person, or by putting the other person in fear of death or hurt to the person or any other person, shall be punished with imprisonment for a term of not less than five years and not more than twenty years, and shall also be liable to whipping.

[Ins. by Act A727 w.e.f. 5 May 1989]

377CA. Sexual connection by object.

Any person who has sexual connection with another person by the introduction of any object into the vagina or anus of the other person without the other person's consent shall be punished with imprisonment for a term which may extend to twenty years and shall also be liable to whipping.

ExceptionThis section does not extend to where the introduction of any object into the vagina or anus of any person is carried out for medical or law enforcement purposes.

[Ins. Act A1273]

377D. Outrages on decency.

Any person who, in public or private, commits, or abets the commission of, or procures or attempts to procure the commission by any person of, any act of gross indecency with another person, shall be punished with imprisonment for a term which may extend to two years.

377E. Inciting a child to an act of gross indecency.

Any person who incites a child under the age of fourteen years to any act of gross indecency with him or another person shall be punished with imprisonment for a term which may extend to five years, shall also be liable to whipping.

[Ins. by Act A727 w.e.f. 5 May 1989]

2004, Anwar thanked Badawi, the PM - and in 2008, ...

After Anwar Ibrahim was released by the Federal Court on 2 September 2004, he thanked Abdullah Ahmad Badawi for his release..

Talking to TIME later, Anwar again expressed his gratitude for the upholding of his appeal, but this time he thanked not the judges but Abdullah Ahmad Badawi, Malaysia's Prime Minister. "Knowing the way the institutions have been controlled by the executive," he said, "I don't think a release would have been possible unless the Prime Minister had made it clear he had no intention of interfering [with the judiciary]." - TIME, 6/9/2004 - Time For Healing [http://www.time.com/time/magazine/article/0,9171,692961-1,00.html]

But today, less than 4 years later, in August 2008, the reverse is happening...

Anwar Ibrahim today launched a scathing attack against Prime Minister Abdullah Ahmad Badawi and held him responsible for his imminent sodomy charge.

MCPX

This is the first time that the PKR leader has targeted Abdullah. In the past, his attacks were focused on Deputy Prime Minister Najib Abdul Razak.

Calling it a sham trial, he blamed the prime minister - whom he described as dealing with a crisis of confidence - for allegedly orchestrating the trial to protect himself.

"I have sufficient evidence to show that the decision (to charge) will not be done without the personal instruction from the prime minister," he claimed.

....

He claimed that his sources in the Attorney-General’s Chambers told him that the office was against preferring any charge against him.

However, he said the police and Abdullah’s close associates were allegedly keen on pursuing with the trial.

"We are informed that some individuals within the prime minister's close circles are adamant about pursuing the case.

"Their involvement further undermines the credibility of the case and proves that the entire conspiracy hatched against me is politically motivated," he said. - Malaysiakini, 6/8/2008 'PM blamed for another 'sham trial'

Permatang Pauh may be Abdullah's downfall in UMNO..and as PM

How Abdullah Ahmad Badawi chooses the BN candidate for the Permatang Pauh Parliamentary seat by-election may be very crucial for Abdullah Ahmad Badawi's continued support and survival both within UMNO, and also the the Barisan Nasional. It may be 'final straw' that may decide on whether he will still remain PM or not.

Clearly the practice of ignoring the choices of the local UMNO members, and choosing from Putrajaya is something that UMNO members today may not want anymore. Obviously, the Trengganu ADUN candidates, save for Ahmad Said, seem to be a choice of the top brass without consultation and/or agreement of the local membership. Divisions, branches and ordinary members stood behind Ahmad Said for Menteri Besar - and it was also apparent from the lack of numbers that the former MB and the rest of them ADUNs did not really have much support.

Now, we have Abdul Jalil Abdul Majid, the Permatang Pauh Umno Division chief, coming out openly stating that he wants to be the candidate for BN - and that his Division fully supports him. Malaysiakini gave him the space to express himself - and for the said Division to state its position clearly for Abdullah Ahmad Badawi to hear and just follow the choice of grassroot members. (Wonder though whether it was just the Division committee - or all the members of the branches in the Permatang Pauh UMNO Division...mmmm)

Permatang Pauh Umno wants a local to be chosen as a Barisan Nasional candidate for the forthcoming by-election for the parliamentary seat.

MCPX

And the division has proposed that its chief Abdul Jalil Abdul Majid is fielded to face PKR leader Anwar Ibrahim.

The division unanimously agreed to submit Abdul Jalil's name as a candidate at a special meeting on Monday night, reported Bernama today. -Malaysiakini, 6/8/2008 Permatang Pauh Umno wants its chief as candidate

To make matters worse - this is a Penang UMNO Division, and if Abdullah listens to the voices of the UMNO grassroots here - would not people also say that he did so because it was home state....

But then, the BN is supposed to be a coalition of parties - and after all, why should the seat be contested by UMNO and not some other coalition member. After all, UMNO has already got so many Parliamentary seats - maybe GERAKAN should get the seat.....or maybe that GERAK person.

Abdullah Ahmad Badawi certainly cannot afford to lose the Permatang Pauh seat by an even bigger majority...

Will UMNO come together for this by-election -- OR will they be too caught up with the internal UMNO struggle for power.

And if the BN loses, the timing of the charging of Anwar will also be blamed on Abdullah Ahmad Badawi...

10am KL Magistrate Court - Anwar to be charged with Sodomy? (Updated)

Updated: 15:59, 6/8/2008

It was good of the BN government(i.e. the police and the prosecution) not to come and arrest Anwar Ibrahim and take him to court - but rather do the more reasonable of just serving him a notice to secure his attendance in court - the KL Sessions Court at 10.00am tommorrow (Thursday, 7/8/2008)

The police visited the home of PKR leader Anwar Ibrahim in Bukit Segambut, Kuala Lumpur at 12.10pm today and it is learnt that they have served him with a notice to appear in court tomorrow.

The police team was led by DSP Jude Pereira - who refused to speak to the waiting horde of reporters as he left Anwar's house.

The notice requires Anwar to be present at the Kuala Lumpur Sessions Court at 10am tomorrow. - Malaysiakini, 6/8/2008 - 'Anwar: I'll be charged tomorrow

But, then normally one is charged in the Magistrate Court, and that is what the NST report below tells us:-

Police today served a subpoena on Parti Keadilan Rakyat (PKR) advisor Datuk Seri Anwar Ibrahim to be present at the Kuala Lumpur Magistrate’s Court, Jalan Duta tomorrow. - New Straits Times online, 6/8/2007 -Subpoena served, Anwar to be charged tomorrow

The question as to what will happen when Anwar goes to court is still not answered - but the NST report clearly states that the official statement of the Deputy IGP is clear about the fact that Anwar will be charged.

Meanwhile the New Straits Times received an official statement from the Deputy Inspector-General of Police Tan Sri Ismail Omar that the police has completed its investigation on the alleged sodomy report involving Anwar and has forwarded the investigation papers to the Attorney-General's office for advice and decision.

The AG's office has decided to charge Anwar in court, the statement said. -- New Straits Times online, 6/8/2007 -Subpoena served, Anwar to be charged tomorrow

And, I wonder why the police is coming out with such official media statements...should they not confine themselves to investigating -- and leave the decision to charge to the AG, and also the act of informing the public to the AG. What is this? Have the Deputy IGP now become the spokesperson of the AG's chambers?

Now, let us hope that Anwar Ibrahim does not pull any 'poilitical stunt' and take the position that he does not want to go to court for this reason or that reason.... just like the last time the police had called him in for an investigation, and at the end of the day resulted in him unnecessarily being arrested and forced to spend a night in the police lock-up.

At the same time, we also hope that there will not be any 'stunt' by the police - like sending a team to suddenly arrest and drag him to court. Remember, despite the public statement of the police that they will not arrest provided he arrived there by 2.00pm, they arrested him before 1.00pm.

At last, we will know what is the contents of the charges against Anwar - the exact wordings, the exact time, the exact place..., the exact building...

Now, we also hope that BAIL will not unreasonably be objected to by the prosecution - and that Anwar will be free tommorrow afternoon - focussing again in his campaign to become the new MP for Permatang Pauh..

In this case, there were a lot of ODD happenings, that raises a lot of questions:-

a) Why did the alleged victim go visit Najib Razak before even going to the police to make a complain? Very...very odd.

b) Why did the alleged victim go to that PUSRAWI Hospital on his own after the alleged incident and thereafter allegedly to HKL -- before even the lodging of a police report? Normally a victim of rape or sexual assault or assault or any crime will go FIRST and make a police report, and then the police, as part of their investigation, will take the victim over to the Hospital for the required medical tests and examinations.

c) How come there was a sudden disclosure of the PUSRAWI Hospital report - who did it and why?

Is this all a SANDIWARA -- and if so, who is behind it? Or is it just Saiful - and Najib or Pak Lah and/or Syed Hamid and/or BN and/or IGP and/or AG is not involved at all.

Someone even suggested that it may be Anwar Ibrahim who is behind this sandiwara...Why? Well, he said maybe it was to re-generate the emotions of the people of Malaysia, which was decreasing after the results of GE2008 was announced, so that the people angered by this new 'sodomy allegations' will ensure that his quest to be MP of Permatang Pauh and for Pakatan Rakyat to ultimately form government by September 16 be realized. Far out ...but something worth considering as well..

For after all, this is Malaysia...and all things are possible. And there are so many political spins and games being played, and the normal Malaysians sometimes will be confused as to what is real and what is not...

Apparently, there will be a press conference by Anwar at about 3.00 - maybe local TV will cover it, or maybe Al-Jazeerah...

Condemn police deprivation of rights of persons arrested...

People must be made aware of their rights of the law....and the Police must also follow the law of the land...but when thy do not, the police mocks the law... and the Rule of Law.

"...Al-Amin, Samuel Raj and four others were originally arrested on July 27 under sections 365 and 385 of the Penal Code - which relates to kidnapping and abducting - and were remanded for four days without the knowledge of their families said their lawyer Francis Pereira..

"(The police extended their remand because) the individuals were not informed of their rights [...] to inform a relative or a friend of their whereabouts as well as to consult with lawyers of their choice.

"Hence their appearance in court on July 28 (was) unrepresented by legal counsel," said Pereira (right) who was present at the Suhakam headquarters too.

At a following hearing on July 31, the men were represented by Pereira after both their families became aware of their remand through a newspaper report two days after their first court appearance.

Both the court appearances were at the Petaling Jaya magistrate’s court.

"The remand extension was then challenged by counsel and the magistrate then denied the extension of the remand and ordered that all six individuals be released," said Pereira.

Abused while in custody

However, when the remand order expired four days later the police refused to release them despite the court order and instead re-arrested the six under section 397 of the Penal Code which relates to gang robbery.

According to the lawyer, the re-arrest was based on police suspicion of their connection with a gang robbery allegedly involving a group of Indian men.

"All the charges are completely unrelated," Pereira insisted.

The fate of the two men did not improve with their third trip to court on Aug 1, this time at Klang magistrate’s court.

The court released them, but the police immediately re-arrested them under the Emergency Ordinance which allows for a 60-day remand period....Malaysiakini, 5/8/2008, Two still remanded despite court ruling

The law in Malaysia, is that a when a person is arrested, the police "...shall, before commencing any form of questioning or recording of any statement from the person arrested, inform the person that he may-

(a) communicate or attempt to communicate, with a relative or friend to inform of his whereabouts; and

(b) communicate or attempt to communicate and consult with a legal practitioner of his choice..." and this means that it is MANDATORY - and the police have no choice in the matter.

And, if the person arrested wished to communicate with his family/friend or lawyer - the police must allow him to do so.... as soon as possible --- and"shall provide reasonable facilities for the communication and consultation under this section and all such facilities provided shall be free of charge". Yes, free of charge - the police cannot ask for money. The police must provide the phone.

And if the person arrested wants to get in touch with his/her lawyer.... then 'The police officer shall defer any questioning or recording of any statement from the person arrested for a reasonable time until.." the person arrested can meet and consult with his/her lawyer.

That is why what they did to the 2 were wrong and in breach of the law - which MUST be followed.

It was very wrong for the police to re-arrest for some other reason later on... and the courts did not allow this.

And it was even more wrong for the police to then use a Detention Without Trial law to try and detain persons for longer period...

We should all condemn the action/s of the police and call for immediate and unconditional release of the 2 persons now being detained unjustly under the Emergency Ordinance.

Will be good if human rights groups and political personalities also do immediately condemn the actions of the police and call for the immediate and unconditional release of the 2 - even though they may not be very 'big' or 'popular' persons.

For the information of all, section 28A of the Criminal Procedure Code (Kanun Acara Jenayah) which today deals with some of the rights of persons arrested is as follows:-

28A. Rights of person arrested.

(1) A person arrested without a warrant shall be informed as soon as may be of the grounds of his arrest by the police officer making the arrest.

(2) A police officer shall, before commencing any form of questioning or recording of any statement from the person arrested, inform the person that he may-

(a) communicate or attempt to communicate, with a relative or friend to inform of his whereabouts; and

(b) communicate or attempt to communicate and consult with a legal practitioner of his choice.

(3) Where the person arrested wishes to communicate or attempt to communicate with the persons referred to in paragraphs (2)(a) and (b), the police officer shall, as soon as may be, allow the arrested person to do so.

(4) Where the person arrested has requested for a legal practitioner to be consulted, the police officer shall allow a reasonable time-

(a)for the legal practitioner to be present to meet the person arrested at his place of detention; and

(b)for the consultation to take place.

(5) The consultation under subsection (4) shall be within the sight of a police officer and in circumstances, in so far as practicable, where their communication will not be overheard.

(6) The police officer shall defer any questioning or recording of any statement from the person arrested for a reasonable time until the communication or attempted communication under paragraph 2(b) or the consultation under subsection (4) has been made.

(7) The police officer shall provide reasonable facilities for the communication and consultation under this section and all such facilities provided shall be free of charge.

(8) The requirements under subsections (2), (3), (4), (5), (6) and (7) shall not apply where the police officer reasonably believes that

(a) compliance with any of the requirements is likely to result in

(i) an accomplice of the person arrested taking steps to avoid apprehension; or

(ii) the concealment, fabrication or destruction of evidence or the intimidation of a witness; or

(b) having regard to the safety of other persons the questioning or recording of any statement is so urgent that it should not be delayed.

(9) Subsection (8) shall only apply upon authorization by a police officer not below the rank of Deputy Superintendent of Police.

(10) The police officer giving the authorization under subsection (9) shall record the grounds of belief of the police officer that the conditions specified under subsection (8) will arise and such record shall be made as soon as practicable.

(11) The investigating officer shall comply with the requirements under subsections (2), (3), (4), (5), (6) and (7) as soon as possible after the conditions specified under subsection (8) have ceased to apply where the person arrested is still under detention under this section or under section 117.

Has Pakatan Rakyat been better than the BN? What say you?

After the results of GE2008 was announced, many of us were elated when the opposition coalition known as the Pakatan Rakyat had managed to wrest 5 States from the Barisan Nasional, and deny the BN its 2/3rd majority in Parliament.

We cannot hope for much change at the level of the Federal Government because it is still a BN government - but with regard to the 5 States of Penang, Kedah, Kelantan, Perak and Selangor - we should have seen some of the 'changes for the better' now that it is being governed by the coalition of DAP-PKR-PAS (and maybe soon to be registered PSM). Are there any real changes in this new Pakatan Rakyat states?

LOCAL COUNCIL ELECTIONS - no change from when these states were under the BN, as they did appoint the Local Councils, and the call for Local Council Elections from civil society groups and the members of these opposition parties are dying off - more so after many of those who did make the call previously accepted appointment. I also wonder why all the Heads of Local Councils/Mayors in Selangor are of one ethnicity?

TRANSPARENCY - well there was a call for a declaration of wealth and assets of Chief Ministers/Menteri Besars & the State Excos. Sadly, there was some resistance to this at the beginning - and apparently now there has been such a declaration made. But then, where can we go and see this - or is it just like the BN - where the 'truth' is only for the eyes of the PM (and in this case the MBs). So, nothing different from the BN, is there...

What else??? Well, I hope that you who who read this posting in my Blog will share with all the changes that have happened by posting comments to this post....

YES - we are now all being distracted by Wan Azizah's resignation as MP, Anwar's campaign for Permatang Pauh, the Saiful allegations, the possible Sodomy trial, the fact that Abdullah is no more popular - the fact that the Pakatan Rakyat will take over the Federal Government by September 16....

Good...good...good

BUT let us be honest and evaluate whether all we will be getting would be 'new people' in government or some real changes. As mentioned earlier, it is time for us to look and see whether there has had been any REAL and SIGNIFICANT changes in these 5 Pakatan Rakyat states??

So, all ye who are observing, share with us your observations.... of REAL changes that have happened.

RELA man outraged woman's modesty - Abolish RELA now

I call again for the abolition of RELA ... if there is a need for more enforcement officers, then hire more public servants - do not just use volunteers.

Use professional enforcement personnel not volunteer 'vigilantes'.

The Malaysian Bar in March 2007 called for the abolition of RELA. Others civil society groups have also called for its abolition... and here again in the press is just one more reason why this RELA must be abolished now... (Maybe Pakatan Rakyat state governments can take a position that RELA be not allowed or used within their state boundaries...will they do this, or will they be driven by the fact that there are now about 500,000 RELA members - and PR do not want to lose the RELA members' votes by calling for the abolition of RELA .... let us see...)

Tuesday August 5, 2008 (Star Online)

Ex-GRO: Rela man told me to pee in truck

KUALA LUMPUR: A former guest relations officer told the High Court here yesterday she had to urinate in a police truck after she was not allowed to go to the toilet.

Maslinda Ishak, 31, said three friends covered her by holding up a scarf.

She said she and 13 other women and two men had earlier been arrested by Federal Territories Islamic Religious Department (Jawi) officers during an operation five years ago.

She said she had been in the truck for 50 minutes when she asked Rela officer Mohamad Tahir Osman to let her go to the toilet. After many requests, Tahir finally shouted “you pee in the truck!”, she said.

“I asked my female friends to hold up a scarf to cover me and I squatted and urinated in the truck,” she said when examined by counsel Sangeet Kaur.

Maslinda, who is now a dental nurse, added that an officer suddenly opened the back door of the truck, came in and pulled down the scarf.

She said Tahir then took pictures of her urinating while laughing and his friends told Tahir to cover his face.

“I was very scared, sad and humiliated,” said Maslinda who is suing Tahir, Rela director-general, Jawi director and the Government for RM5mil for causing humiliation and trauma.

The incident happened at 11.30pm on March 21, 2003. On April 16, 2003, a Kuala Lumpur magistrate’s court jailed Tahir for four months after he pleaded guilty to outraging Maslinda’s modesty.

Maslinda said she was later taken to a lock-up at the Jawi office for an interview.

“At the time, my husband was there. The interview lasted several minutes. Then we were released,” she said.

In June that year, she said, she was summoned to the Syariah Court eight times until finally, the court returned the RM1,500 bail money without taking any action against her.

Jawi officer Syed Ibrahim Syed Ali, 50, said he headed the operation involving 15 Jawi and five Rela members, including Tahir who was assigned to guard the truck.

He denied supplying Tahir a camera, saying Jawi did not use cameras during operations.

Justice Tengku Maimun Tuan Mat also heard evidence by Mazina Mat Yaman who was arrested together with Maslinda, Kuala Lumpur Rela director Mohd Aminuddin Mohd Yusoff and police officer Shaharuddin Tahir who investigated Tahir.

The court fixed Friday to hear submissions by both parties. – Bernama

Let attention be drawn to the fact that the RELA officer had already pleaded guilty. "...On April 16, 2003, a Kuala Lumpur magistrate’s court jailed Tahir for four months after he pleaded guilty to outraging Maslinda’s modesty..."

For information, the Malaysian Bar Resolution for the abolition of RELA is as follows..

MALAYSIAN BAR RESOLUTION FOR THE END OF THE STATE OF EMERGENCY AND AN END TO LAW ENFORCEMENT” BY THE UNTRAINED AND ARMED PEOPLE'S VOLUNTEER CORPS ( RELA)

Whereas:-

1. On 31^st August 2007, it will be 50 years since Malaysia achieved its independence and has been for over 30 years been a peaceful democratic nation.

2. It is sad that Malaysia is still in a state of Emergency as there exist today 4 Proclamation of Emergencies issued by the Yang di-Pertuan Agong that is yet to be revoked.

3. Since independence, five states of emergency have been declared under Article 150 of the Federal Constitution. The first was the only one to have been revoked. The remaining four are still in operation. The second state of emergency was proclaimed in September 1964 when the country was faced with a campaign of violence from Indonesia. Although the threat ceased within less than two years, the state of emergency was never revoked.

4. The next state of emergency was declared on 14 September 1966 following the dismissal of the Chief Minister of the state of Sarawak. No violence - or threat of violence - resulted from the crisis. The government nevertheless proclaimed an emergency, confined to Sarawak. And although the crisis was soon resolved, the state of emergency has not been revoked.

5. The fourth proclamation came on 15 May 1969 following large-scale rioting and racial violence in the capital, Kuala Lumpur, during a general election. The violence led to several hundred casualties. As a result, further elections were postponed and parts of the Constitution suspended. Normalcy was restored soon - the legislature was reconvened and normal constitutional government restored in February 1971. However, the state of emergency has yet to be revoked.

6. On 8 November 1977, the fifth Emergency, limited to the state of Kelantan, was declared following a political crisis.

7. By reason of the proclamation of emergency, numerous legislations were enacted and are still in force, including also :-

a) Emergency (Essential Powers) Act, 1964 (30/64), today known as the Emergency (Essential Powers) Act 1979;

b) Emergency (Public Order and Prevention of Crime) Ordinance 1969;

c) Essential (Security Cases) Regulations 1975

8. For example, Section 6 of the Emergency (Essential Powers) Act 1979, states that “"For so long as the Proclamation of Emergency referred to in the preamble to this Act remains in force, the regulations made under the Emergency (Essential Powers) Act, 1964 (30/64) (except those regulations which the Yang di-Pertuan Agong may by notification in the Gazette declare not to be in force) shall be in force and shall have effect as if they have been made under this Act; and the regulations may be amended, modified or repealed as if they have been made under this Act.". [The proclamation of emergency referred to in this Act was the proclamation issued on 15 May 1969.]

9. The Ikatan Relawan Rakyat or better known as RELA (a People's Volunteer Corps) came into being by virtue of Essential (Ikatan RELAwan Rakyat) Regulations 1966 [P.U. 33/1966], under Emergency (Essential Powers) Act, 1964 (30/64), and continue to be in force by virtue of Section 6 of the Emergency (Essential Powers) Act 1979.

10. By virtue of the Essential (Ikatan RELAwan Rakyat) (Amendment) Regulations 2005, which came into operation on 1 February 2005, the powers of the Rela, have been dangerously over-extended giving RELA personnel the right to bear and use firearms, stop, search and demand documents, arrest without a warrant, and enter premises without a warrant. and all these powers can be exercised the RELA personnel has reasonable belief that any person is a terrorist, undesirable person, illegal immigrant or an occupier. Illegal immigrant and occupier (which would be Malaysians usually) was added on by this 2005 amendment.

11. These not-professionally trained volunteers has also now been accorded protection by the new amendments whereby it is stated that "…The Public Authorities Protection Act 1948 shall apply to any action, suit, prosecution or proceedings against the Ketua Pengarah Ikatan RELAwan Rakyat, Timbalan Ketua Pengarah Ikatan RELAwan Rakyat or any member of the Ikatan RELAwan Rakyat in respect of any act, neglect or default done or committed by him in good faith or any omission omitted by him in good faith, in such capacity."

12. Noting also that there has been numerous complaints that have surfaced in the media about the RELA not just from migrants but also Malaysians ranging from torture, gangster-like behavior, damage to property, wrongful arrest and detention and even the causing of deaths.

13. Its was reported that RELA arrested a total of 17,700 people believed
to be illegal immigrants and screened 94,010 people up to September
2006, and that means 94,010 people (or 76,310) with proper documentations were subjected to unnecessary harassment and their right to a remedy in law is difficult. Of the people arrested, recent reports in the media indicate that many may even not be “illegal” or “undocumented” migrants at all.

* “…six foreign workers, all with legal travel and work documents, were whisked out of their quarters in a resort in Cherating in the wee hours of the morning on Dec 28 last year when RELA members "literally broke into their chalet and ordered them out." (The Star, January 12, 2007).”

* “…a team of 30 to 40 RELA members (half not in uniforms) turned up to look for foreign workers, assaulted some and allegedly stole cash and valuables during the raid. The companies, who lodged police reports, said that all the workers had legal work permits…..”(The Star, December 4, 2006) ·

* “22 workers of an IT company were beaten and made to do a 50m "duck-walk" at Section 30 in Shah Alam…” (The Star, February 16, 2006)

* Residents of about 10 households in Taman Anggerik, Cheras, Kuala Lumpur, complained that RELA personnel crashed into their homes after breaking door locks and smashing gates, and told them that they [RELA] were looking for illegal workers. The residents said the RELA personnel acted like gangsters and showed them no respect. When they asked the RELA personnel to explain why they crashed into their homes, they were told "we are the law." Cash totaling RM3,756 in a drawer was subsequently found missing. (The Star, October 17, 2006)

14. There have also been report of beatings and even deaths caused by RELA volunteers. As an example, in early 2006 it was reported that Ahmad Apik, 35, and Edy Sathurrohman, 26, both Indonesians, lost their lives, and they each left behind a wife and 2 young children. (Star, January 23, 2006).

15. The policy and practice of paying members of the People's Volunteer Corps (RELA) RM80-00 for each undocumented migrant must be stopped (The Star, January 23, 2006). Even MCA Public Services and Complaints Department head Datuk Michael Chong claimed that the reward offered had made RELA volunteers desperate to nab as many illegals as possible. (The Star January 23, 2006)

15. Malaysia is a developed country and professionally trained enforcement personnel should be used for law enforcement, and the use of volunteers like the RELA must end.

16. Some migrants may be undocumented, but they are still human beings and deserved to be treated humanely and should be accorded equal protection under the law.

17. Malaysia, a party to the April 1999 BANGKOK DECLARATION ON IRREGULAR MIGRATION, which clearly states “Irregular [undocumented] migrants should be granted humanitarian treatment, including appropriate health and other services, while the cases of irregular migration are being handled, according to law. Any unfair treatment toward them should be avoided” must adhere to its commitments.

18. New laws can always be enacted by a parliament in times of peace if needed.

IT IS HEREBY RESOLVED:-

a) That we, the Malaysian Bar, call upon the Yang Di-Pertuan Agung to revoke all existing Proclamations of Emergency in Malaysia;

b) That we, the Malaysian Bar call for the repeal all legislations and Acts that were enacted and continue to be in force by reason of the now existing unrevoked Proclamations of Emergency;

c) That we, the Malaysian Bar reiterate our call for the repeal of Emergency (Public Order and Prevention of Crime) Ordinance 1969 and the Essential (Security Cases) Regulations 1975;

d) That we, the Malaysian Bar specifically call for the repeal of the Emergency (Essential Powers) Act 1979 and all Regulations and Rules made thereunder, in particular Essential (Ikatan RELAwan Rakyat) Regulations 1966 [P.U. 33/1966], as amended by the Essential (Ikatan RELAwan Rakyat) (Amendment) Regulations 2005;

e) That we, the Malaysian Bar call for the employment and usage of only properly trained professional law enforcement personnel in Malaysia;

f) That we, the Malaysian Bar urge that inquests be conducted for Ahmad Apik, Edy Sathurrohman and for the other persons who have died as result of alleged RELA actions;

g) That we, the Malaysian Bar urge that all persons including undocumented migrants and/or refugees be treated humanely and accorded equal protection of the law;

h) That we, the Malaysian Bar call on the Malaysian government to immediately ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families;

i) That we, the Malaysian Bar call on the Malaysian government to immediately ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Proposers: Charles Hector & Francis Pereira, Motion dated 18^th February 2007.The motion was unanimously carried at the 61st Annual General Meeting of the Malaysian Bar held at the Grand Ballroom, Legend Hotel, Kuala Lumpur - 17 March 2007

Death in Police Custody - Woman who sues government wins..

Well, there you have it - for at last we have a victory in a case of death in custody....(see the full post at the Malaysians Against Detah Penalty and Torture Blog at http://madpet06.blogspot.com/) . Some quotes are as follows.

The High Court here today awarded damages to a woman who sued the police and the government for negligence over the death of her 19-year-old son while in police custody in 2003.

...With the decision, besides the damages, Tamil Selwee, a housewife, also succeeded in her claim for four declarations, namely that the death of her son, M.Ulaganathan, while in police custody on July 21, 2003, was caused by the Royal Malaysia Police and that Ulaganathan’s death was caused by their breach of statutory duty, recklessness and gross and wanton negligence.

On July 17, 2006, Tamil Selwee, 50, filed a suit seeking the four declarations and damages, claiming that her son’s death while in custody at the Kajang district police headquarters was caused by police negligence. - NST, 29/7/2008 - Woman sues Government over son's death and wins

see the full post at the Malaysians Against Death Penalty and Torture Blog at http://madpet06.blogspot.com/

[http://madpet06.blogspot.com/2008/08/woman-sues-government-over-sons-death.html]

No suspension of government servants and university students who claim trial...

Reading a NST report that more Immigration Officers have been arrested and charges, there is a doubt whether the DG of Immigration have been CHARGED in court, and then released on bail - or are they still on police bail only, yet to be charged in court.

The first to be detained in the operation on July 11 was the Immigration Department director-general Datuk Wahid Md Don, 56, who was charged and later released on bail.

The following day, Wahid's deputy, Yusof Abu Bakar, and Yusof's brother-in-law who acted as a middleman, were also arrested. Both were also charged and released on bail.

In follow-up operations, the ACA arrested two more Immigration officers with the rank of deputy directors.

Following their arrests, Wahid and Yusof were reassigned to the Public Service Department reporting directly to its director-general Tan Sri Ismail Adam, pending completion of court proceedings - New Straits Times Online, 4/8/2008 - Four immigration officers, two middlemen arrested in I-Kad 'kenduri'

Well, normally when public servants are charged in court, I believe, that they were suspended from work with half pay until the end of their criminal trial. If you are at the level of the DG of Immigration, it would cause some hardship - but not really as much as public servants in the lower income group.

In this case, it seems that the DG had been reassigned to another department - and one assumes with full pay.

To be fair, all public servants charged with a criminal offence should not be internally disciplined and/or punished until the end of their criminal trial when and if they are found guilty. The presumption of innocence until proven guilty should apply, and it is draconian to suspend workers with half wages just because they have been charged with a criminal offence. More so in Malaysia, when it can really be very long before your criminal trial can begin and end unless some DPM or former DPM is involved or it is a case that has obtained a lot of media attention.

It was also wrong to suspend them university students who were charged with the offence of illegal assembly until the end of their trial.

All persons are equal before the law - and that means that all persons will be visited with the same punishment provided for in that law if they are found guilty - not anything more or less because they were university students, public servants, etc..

Hence, the practice of suspension of public servants and university students from the time they get charged in court (and claim trial) until the end of their criminal trial must be stopped.

The legal maxim "Innocent Until Proven Guilty" must be given its full meaning in Malaysia.

Lih Kang and PR Perak does good for Orang Asli rights.

Good job Chang Lih Kang and the Perak Pakatan Rakyat government....This is the kind of things that we all want to hear happening where Pakatan Rakyat rules...

Orang asli score victory in Gopeng - Star Online, 1/8/2008

GOPENG: The orang asli of five settlements here scored a victory after Gopeng Bhd accepted the Perak Government’s offer of an alternative site to start its oil palm plantation.

State Health, Environment and Human Resources Committee chairman A. Sivanesan said the company agreed that the 136.72ha land in question be returned to the state in exchange for a similar site.

In June, it was reported that Gopeng Bhd’s land-clearing work for a road leading to the site had angered the orang asli from the affected settlements of Ulu Kampar, Ulu Geroh, Kampung Serkal, Ulu Geruntum and Kampung Empang Besar.

“The state has already instructed the Forestry and respective departments to look for an alternative site,” Sivanesan told a press conference here yesterday.

“We consider the matter closed and there won’t be any intrusion or infringement on the rights of the orang asli,” he said.

The orang asli’s spokesman, Bah Azmi Ngah Porgi, said he was moved by the latest turn of events after months of fighting to preserve their land.

“I don’t know what to say. I want to thank the Mentri Besar, Teja assemblyman Chang Lih Kang and everyone else for understanding our plight,” he said.

Wan Azizah, Permatang Pauh, Anwar and "arrest'

Well, Wan Azizah, duly elected people's representative resigned as MP of Permatang Pauh. Why? So that her husband Anwar Ibrahim can contest...maybe win...maybe become the next MP of Permatang Pauh.

Question:- Did Wan Azizah consult with the people of her constituency before she resigned? Wonder whether the people of Permatang Pauh voted Wan Azizah as MP because of who she was as a person OR was it because of the party under which she stood for elections in March. If it was because she stood under a particular party, then it matters less if she resigns now and some one else stands again. If they voted Wan Azizah the person, then she may be said to have 'betrayed' her contituents for they wanted her not her daughter, her son or her husband.

I really hope that Malaysians are voting for the person - not so much the party symbols they stand under. There was a joke before, that in some areas even a 'kambing' running under the BN symbol will win. The party is a consideration, but surely the person and the personality should be the biggest consideration for the voter. (I may be an idealist...a dreamer...)

I was hoping that at last we may be looking at a women Prime Minister for Malaysia come September 16, if Pakatan Rakyat managed to wrest the support of the majority of the MPs in Parliament - Anwar could have been an effective advisor.

Somehow, I still believe that it may be better if some one else, other than Anwar, becomes the Prime Minister, if Pakatan Rakyat were to form government. Wan Azizah would have been a good choice - but now, maybe we could be looking at mild mannered committed Professor Syed Husin Ali (who should really run for the Kulim seat). Lim Kit Siang and Hadi could be Deputy Prime Ministers. Anwar would be Advisor - just like Kuan Yew in Singapore. There are many many reasons as to why de facto Pakatan Rakyat leader should not be the PM - but that is for another day and another time.

Now, the SODOMY charge. There is a threat of impending arrest... Why? Because the police have allegedly completed investigations and Syed Hamid told us yesterday that the investigation papers have been sent to the AG.

If the AG wants to charge Anwar, then he may be arrested and brought to court and charged. Note that Anwar can also be informed that he should attend court to be charged - i.e. without there being any necessity to arrest him with masked police personnel etc..

Either way, after he is charged - he will likely to plead "Not Guilty" and then there will be the Bail application - and he should be out on bail. Even, if Anwar is denied bail - and has to be in remand prison - he can still contest. Even if they use the ISA and detain him, he can still contest - remember DAP's Manoharan a Selangor ADUN, elected while in detention.

My only concern is the corruption, the threats and promises which may be there in the coming Permatang Pauh Parliamentary election - and beware, Najib may lead the campaign for the BN and there are still questions how Najib did so well in the last GE2008 by winning with a majority of 26,464, compared to a majority of 22,922 (2004) and 241 (1999).

GE2008:

P85 - PEKAN Turnout : 47869 (82.2%) Spoilt: 1261 Voters: 58217
* Mohd Najib Abdul Razak (BN - UMNO)	36262	Maj: 26464
Khairul Anuar Ahmad Zainudin (OPP - PKR)	9798

GE2004

Mohd Najib Abdul Razak (BN - UMNO)	31956	Maj: 22922
Zakaria Dahlan (OPP - PAS)	9034

General Elections 1999
Ramli Mohamed (OPP PAS)			12907
Datuk Seri Najib Tun Razak (BN UMNO)			13148
Total Votes cast	% Votes cast	Spoilt Votes	Majority Votes
26055	73.2	631	241

Well, when results all over the country saw an increase in votes for the opposition and a decrease of votes for the BN candidate - Mohd Najib Abdul Razak saw an increase. Either, the constituents really liked this man OR... Anyway, the involvement of Najib in the Permatang Pauh by-elections must be a concern for Anwar ..

Interesting, his name is MOHD Najib Abdul Razak -- therefore R.A.H.M.A.N. theory would not be good for him as well...