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Friday, October 31, 2008

Today a Malay....tommorow no more. What is 'Malay'?

I was very curious about the word 'Malay' - who is the Malay? Is it a race or ethnic group?

A person could be born a Malay - but could become a non-Malay if he/she converts and become a 'non-Muslim'. So there cannot be a Buddhist Malay, Hindu Malay, Sikh Malay, Christian Malay --- according to the Malaysian Federal Constitution definition of 'Malay'.

Also wondered whether a person can be declared to NOT a Malay - because it is shown that he/she does not "...habitually speaks the Malay language, conforms to Malay custom...". Who will decide on this? So Malays and/or their children who do not habitually speak Malay...are no more Malay. Interesting.

The Federal Constitution defines Malay in Article 160(2) as follows:-

"Malay" means a person who professes the religion of Islam, habitually speaks the Malay language, conforms to Malay custom and -

(a) was before Merdeka Day born in the Federation or in Singapore or born of parents one of whom was born in the Federation or in Singapore, or is on that day domiciled in the Federation or in Singapore; or

(b) is the issue of such a person;


In my quest, I came across a posting in Nuraina A Samad's 3540 Jalan Sudin Blog entitled "Malays are Not a Race", which is also pasted below. Your comments would be appreciated..

Malays Are Not a Race

Bergen is one of my favourite bloggers. He is witty, smart, funny, irreverent, sometimes self-effacing, and a lot more.

He sent me a very long comment from a commentator to his posting on "Freedom to Choose A Religion". The commentator by the name of Micheal Chick, says that there is no such thing as a/the Malay race. Of course, many of us would beg to differ.

I have sought Bergen's permission to reproduce his message (in bold) , followed by Micheal Chick's comment (in italics).

I reproduce here the comments posted by a Micheal Chick in my blog. Maybe it has nothing to do with your father's struggle, or maybe it has. I don't have the brain for this. You don't have to post it in the comments box if you don't want to.

"It's been interesting to read such free-flowing comments on an all "Malaysian" free for all. While we are on the subject, how many of you have read the book entitled "Contesting Malayness"? Written by a Professor of National University of Singapore. Cost S$32 (about). It reflects the Anthropologists views that there is no such race as the "Malays" to begin with. If we follow the original migration of the Southern Chinese of 6,000yrs ago, they moved into Taiwan, (now the Alisan), then into the Phillipines (now the Aeta) and moved into Borneo (4,500yrs ago) (Dayak). They also split into Sulawesi and progressed into Jawa, and Sumatera. The final migration was to the Malayan Peninsular 3,000yrs ago. A sub-group from Borneo also moved to Champa in Vietnam at 4,500yrs ago.

Interestingly, the Champa deviant group moved back to present day Kelantan. There are also traces of the Dong Song and HoaBinh migration from Vietnam and Cambodia. To confuse the issue, there was also the Southern Thai migration, from what we know as Pattani today. (see also "Early Kingdoms of the Indonesian Archipelago and the Malay Peninsular")

Of course, we also have the Minangkabau's which come from the descendants of Alexander the Great and a West Indian Princess. (Sejarah Melayu page 1-3)

So the million Dollar Question... Is there really a race called the "Malays"? All anthropologists DO NOT SEEM TO THINK SO.

Neither do the "Malays" who live on the West Coast of Johor. They'd rather be called Javanese. What about the west coast Kedah inhabitants who prefer to be known as "Achenese"? or the Ibans who simply want to be known as IBANS. Try calling a Kelabit a "Malay" and see what response you get... you’ll be so glad that their Head-Hunting days are over.

In an article in the Star, dated: Dec 3rd 2006

available for on-line viewing at:
http://thestar.com.my/news/story.asp?file=/2006/12/3/focus/16212814&sec=focus

An excerp is reproduced here below:

"The Malays – taken as an aggregation of people of different ethnic backgrounds but who speak the same language or family of languages and share common cultural and traditional ties – are essentially a new race, compared to the Chinese, Indians and the Arabs with their long histories of quests and conquests.

The Malay nation, therefore, covers people of various ethnic stock, including Javanese, Bugis, Bawean, Achehnese, Thai, orang asli, the indigenous people of Sabah and Sarawak and descendants of Indian Muslims who had married local women.

Beneath these variations, however, there is a common steely core that is bent on changing the Malay persona from its perceived lethargic character to one that is brave, bold and ready to take on the world. "


The definition of “Malay” is therefore simply a collection of people's who speak a similar type language. With what is meant by a similar type language does not mean that the words are similar. Linguists call this the "Lego-type" language, where words are added on to the root word to make meaning and give tenses and such. Somehow, the Indonesians disagree with this classification and insist on being called "Indonesians" even though the majority of "Malays" have their roots in parts of Indonesia? They refuse to be called "Malay"…. Anyhow you may define it.

The writer failed to identify (probably didn't know), that the "Malay" definition also includes, the Champa, Dong Song, HoabinHian, The Taiwanese Alisan and the Philippino Aetas. He also did not identify that the "Orang Asli" are (for lack of a better term) ex-Africans. If you try to call any one of our East Malaysian brothers an "Orang Asli", they WILL BEAT YOU UP! I had to repeat this because almost all West Malaysians make the same mistake when we cross the South China Sea. Worse, somehow, they feel even more insulted when you call them “Malay”. Somehow, “kurang ajar” is uttered below their breath as if “Malay” was a really bad word for them. I’m still trying to figure this one out.

Watch “Malays in Africa”; a Museum Negara produced DVD. Also, the “Champa Malays” by the same.

With this classification, they MUST also include the Phillipinos, the Papua New Guineans, the Australian Aboroginies, as well as the Polynesian Aboroginies. These are of the Australo Melanesians who migrated out of Africa 60,000yrs ago.

Getting interesting? Read on...

"Malay" should also include the Taiwanese singer "Ah Mei" who is Alisan as her tribe are the anscestors of the "Malays". And finally, you will need to define the Southern Chinese (Southern Province) as Malay also, since they are from the same stock 6,000yrs ago.

Try calling the Bugis a "Malay". Interestingly, the Bugis, who predominantly live on Sulawesi are not even Indonesians. Neither do they fall into the same group as the migrating Southern Chinese of 6,000yrs ago nor the Australo Melanesian group from Africa.

Ready for this?

The Bugis are the cross-breed between the Chinese and the Arabs. (FYI, a runaway Ming Dynasty official whom Cheng Ho was sent to hunt down) Interestingly, the Bugis were career Pirates in the Johor-Riau Island areas. Now the nephew of Daeng Kemboja was appointed the First Sultan of Selangor. That makes the entire Selangor Sultanate part Arab, part Chinese! Try talking to the Bugis Museum curator near Kukup in Johor. Kukup is located near the most south-western tip of Johor. (Due south of Pontian Kechil)

Let's not even get into the Hang Tuah, Hang Jebat, Hang Kasturi, Hang Lekiu, and Hang Lekir, who shared the same family last name as the other super famous "Hang" family member... Hang Li Poh. And who was she? the princess of a Ming Dynasty Emperor who was sent to marry the Sultan of Malacca. Won't that make the entire Malacca Sultanate downline "Baba" ? Since the older son of the collapsed Malaccan Sultanate got killed in Johor, (the current Sultanate is the downline of the then, Bendahara) the only other son became the Sultan of Perak. Do we see any Chinese-ness in Raja Azlan? Is he the descendant of Hang Li Poh?

Next question. If the Baba’s are part Malay, why have they been marginalized by NOT BEING BUMIPUTERA? Which part of “Malay” are they not? Whatever the answer, why then are the Portugese of Malacca BUMIPUTERA? Did they not come 100yrs AFTER the arrival of the first Baba’s? Parameswara founded Malacca in 1411. The Portugese came in 1511, and the Dutch in the 1600’s. Strangely, the Baba’s were in fact once classified a Bumiputera, but a decided that they were strangely “declassified” in the 1960’s. WHY?

The Sultan of Kelantan had similar roots to the Pattani Kingdom making him of Thai origin. And what is this "coffee table book" by the Sultan of Perlis claiming to be the direct descendant of the prophet Muhammed? Somehow we see Prof Khoo Khay Khim’s signature name on the book. I’ll pay good money to own a copy of it myself. Anyone has a spare?

So, how many of you have met with orang Asli’s? the more northern you go, the more African they look. Why are they called Negrito’s? It is a Spanish word, from which directly transalates “mini Negros”. The more southern you go, the more “Indonesian” they look. And the ones who live at Cameron Highlands kinda look 50-50. You can see the Batek at Taman Negara, who really look like Eddie Murphy to a certain degree. Or the Negritos who live at the Thai border near Temenggor Lake (north Perak). The Mah Meri in Carrie Island look almost like the Jakuns in Endau Rompin. Half African, half Indonesian.

By definition, (this is super eye-opening) there was a Hindu Malay Empire in Kedah. Yes, I said right… The Malays were Hindu. It was, by the old name Langkasuka. Today known as Lembah Bujang. This Hindu Malay Empire was 2,000yrs old. Pre-dating Borrobudor AND Angkor Watt. Who came about around 500-600yrs later. Lembah Bujang was THE mighty trading empire, and its biggest influence was by the Indians who were here to help start it. By definition, this should make the Indians BUMIPUTERAS too since they were here 2,000yrs ago! Why are they marginalized?

Of the 3 books listed, "Contesting Malayness" (about S$32 for soft cover) is "banned” in Malaysia; you will need to "smuggle" it into Malaysia; for very obvious reasons.... :( or read it in Singapore if you don’t feel like breaking the law.

The other, "Kingdoms of the Indonesian Archipelago, and the Malay Peninsular" (about RM84) are openly sold at all leading bookshops; Kinokuniya, MPH, Borders, Popular, Times, etc. You should be able to find a fair bit of what I’ve been quoting in this book too, but mind you, it is very heavy reading material, and you will struggle through the initial 200+ pages. It is extremely technical in nature. Maybe that’s why it wasn’t banned (yet)…coz our authorities couldn’t make head or tail of it? (FYI, if I wasn’t doing research for my film, I wouldn’t have read it in its entirety)

While the "Sejarah Melayu" (about RM 35) is available at the University Malaya bookshop. I have both the English and Royal Malay version published by MBRAS.

Incidentally, the Professor (Author) was invited to speak on this very subject about 2 yrs ago, in KL, invited by the MBRAS. You can imagine the "chaos" this seminar created...... :(

There were actually many sources for these findings. Any older Philippino Museum Journal also carries these migration stories. This migration is also on display at the Philippines National Museum in Luzon. However, they end with the Aeta, and only briefly mention that the migration continued to Indonesia and Malaysia, but fully acknowledge that all Philippinos came from Taiwan. And before Taiwan, China. There is another book (part of a series) called the "Archipelago Series" endorsed by Tun Mahatir and Marina Mohammad, which states the very same thing right at the introduction on page one. “… that the Malays migrated out of Southern China some 6,000yrs ago…”. I believe it is called the “Pre-History of Malaysia” Hard Cover, about RM99 found in (mostly) MPH. They also carry “Pre-History of Indonesia” by the same authors for the same price.

It is most interesting to note that our Museum officials invented brand new unheard-of terms such as "Proto-Malay" and "Deutero-Malay", to replace the accepted Scientific Term, Australo-Melanesians (African descent) and Austronesians (Chinese Descent, or Mongoloid to be precise) in keeping in line with creating this new “Malay” term.. They also created the new term called the Melayu-Polynesian. (Which Melayu exists in the Polynesian Islands?) Maybe they were just trying to be “Patriotic” and “Nationalistic”… who knows…? After all, we also invented the term, “Malaysian Time”. While the rest of the world calls it “Tardy” and “Late”. It’s quite an embarrassment actually…. Singaporeans crossing the border are asked to set their watches back by about 100yrs, to adjust to “Malaysian Time”…

In a nutshell, the British Colonial Masters, who, for lack of a better description, needed a “blanket” category for ease of classification, used the term “Malay”.

The only other logical explanation, which I have heard, was that “Malaya” came as a derivative of “Himalaya”, where at Langkasuka, or Lembah Bujang today was where the Indians were describing the locals as “Malai” which means “Hill People” in Tamil. This made perfect sense as the focal point at that time was at Gunung Jerai, and the entire Peninsular had a “Mountain Range” “Banjaran Titiwangsa”, as we call it.

The Mandarin and Cantonese accurately maintain the accurate pronunciation of “Malai Ren” and “Malai Yun” respectively till this very day. Where “ren” and “yun” both mean “peoples”.

Interestingly, “Kadar” and “Kidara”, Hindi and Sanskrit words accurately describe “Kedah” of today. They both mean “fertile Land for Rice cultivation. Again, a name given by the Indians 2,000yrs ago during the “Golden Hindu Era” for a duration of 1,500yrs.

It was during the “Golden Hindu Era” that the new term which the Hindu Malay leaders also adopted the titles, “Sultan” and “Raja”. The Malay Royalty were Hindu at that time, as all of Southeast Asia was under strong Indian influence, including Borrobudor, and Angkor Watt. Bali today still practices devout Hindu Beliefs. The snake amulet worn by the Sultans of today, The Royal Dias, and even the “Pelamin” for weddings are tell-tale signs of these strong Indian influences. So, it was NOT Parameswara who was the first Sultan in Malaya. Sultanage existed approximately 1,500years before he set foot on the Peninsular during the "Golden Hindu Era" of Malaysia. And they were all Hindu.

“PreHistory of Malaysia” also talks about the “Lost Kingdom” of the “Chi-Tu” where the local Malay Kingdom were Buddhists. The rest of the “Malays” were Animistic Pagans.

But you may say, "Sejarah Melayu" calls it "Melayu"? Yes, it does. Read it again; is it trying to describe the 200-odd population hamlet near Palembang by the name "Melayu"?(Google Earth will show this village).

By that same definition, then, the Achehnese should be considered a “race”. So should the Bugis and the Bataks, to be fair. Orang Acheh, Orang Bugis, Orang Laut, Orang Melayu now mean the same… descriptions of ethnic tribes, at best. And since the “Malays” of today are not all descendants of the “Melayu” kampung in Jambi (if I remember correctly), the term Melayu has been wrongly termed. From day one. Maybe this is why the Johoreans still call themselves either Bugis, or Javanese until today. So do the Achehnese on the West coast of Kedah & Perlis and the Kelantanese insist that they came from Champa, Vietnam.

Morover, the fact that the first 3 pages claiming that "Melayu" comes from Alexander the Great and the West Indian Princess doesn't help. More importantly, it was written in 1623. By then, the Indians had been calling the locals “Malai” for 1,500 yrs already. So the name stuck….

And with the Sejarah Melayu (The Malay Annals in page 1-3) naming the grandson of Iskandar Zulkarnain, and the West Indian Princess forming the Minangkabau. Whenever a Malay is asked about it, he usually says it is "Karut" (bullshit), but all Malayan based historians insist on using Sejarah Melayu as THE main reference book for which "Malay" history is based upon. The only other books are “Misa Melayu”, "Hikayat Merong Mahawangsa", and “Hikayat Hang Tuah” which is of another long and sometimes “heated” discussion.

I find this strange.

I also find, that it is strange that the "Chitti's" (Indian+Malay) of Malacca are categorized as Bumiputera, while their Baba brothers are not. Why? Both existed during the Parameswara days. Which part of the “Malay” side of the Baba’s is not good enough for Bumiputera classification? Re-instate them. They used to be Bumiputera pre 1960’s anyway.

Instead of "Malay", I believe that "Maphilindo" (circa 1963) would have been the closest in accurately trying to describe the Malays. However, going by that definition, it should most accurately be "MaphilindoThaiChinDiaVietWanGreekCamfrica". And it is because of this; even our University Malaya Anthropology professors cannot look at you in the eye and truthfully say that the word "Malay" technically and accurately defines a race.

This is most unfortunate.

So, in a nutshell, the “Malays” (anthropologists will disagree with this “race” definition) are TRULY ASIA !!! For once the Tourism Ministry got it right….

We should stop calling this country “Tanah Melayu” instead call it, “Tanah Truly Asia”

You must understand now, why I was "tickled pink" when I found out that the Visit Malaysia slogan for 2007 was "Truly Asia". They are so correct... (even though they missed out Greece and Africa)

BTW, the name UMNO should be changed to UTANO the new official acronym for “United Truly Asia National Organization” . After all, they started out as a Bugis club in Johor anyway….

I told you all that I hate race classifications…. This is so depressing. Even more depressing is that the "malays" are not even a race; not since day one."


“Truly Asia Boleh”

When the judiciary is seen to be 'pro-government(executive)"? - the Nipah Virus case

When judges and courts go all out to protect the government(executive) of the day...then justice fails...then the 3rd branch of government, the Judiciary, has failed...

What happened in the Nipah Virus case is just one such such example - the High Court could have just ordered that certain persons be joined as parties in the suit - which I believe, would have been most just and reasonable, but alas the Court struck off the suit...

Briefly, the case was about :-
A group of 184 individuals affected by the deadly Nipah viral outbreak four years ago had filed a legal suit totalling more than RM130 million against the federal government and several state governments at the Kuala Lumpur High Court.

The plaintiffs — pig farmers, families of deceased Nipah victims and survivors — named the federal government, and the state governments of Negeri Sembilan, Perak and Selangor as defendants in their statement of claim.

They are seeking various damages, including special damages for the loss of pigs, damage to farm facilities, medical and funeral expenses, which amounted to more than RM130 million.

The plaintiffs are also seeking various declarations against the defendants in the suit which was filed in March, but served on the defendants over the past three days.

Among others, they claim the governments had breached their duties, committed negligence and fraud and unlawfully deprived the plaintiffs of their fundamental rights in their handling of the Nipah outbreak between Sept 1998 and May 1999.

Negligence

Claiming for negligence, the plaintiffs had among others, argued that the governments which are entrusted to ensure the well-being of its people, had among others, failed to take sufficient steps to determine the cause of the outbreak when it first occurred in Perak.

They claimed that the federal government and Perak state government “came to the conclusion that the outbreak in Tambun area was due to Japanese Encephalitis (JE) without any or sufficient cause”.

The plaintiffs also claimed that the federal government had committed fraud when it had, among others, allegedly proclaimed in 1999 that the transmission rate of the Nipah virus was very low, and was not certain whether the Nipah virus was a pathogen.

The government had also allegedly stated that the outbreak was due to JE and not Nipah virus, but later said that the disease was due to both JE and Nipah virus.

They argued that the government knew that the statements were false but made them to induce Malaysians to believe that the authorities had taken all the necessary steps, and were acting in the interests of the people.

Mistake

The plaintiffs added that such statements were also made so people would believe that the government had not committed a mistake in declaring that the outbreak was due to JE, and not Nipah virus....

...The Nipah virus outbreak which started in late Sept 1998 occurred in various areas from Perak to Negeri Sembilan.

The outbreak was reported to have killed more than 100 people and crippled the pig-farming industry in Bukit Pelanduk, Negeri Sembilan, which is believed to be the biggest in Southeast Asia.- Malaysiakini, 10/5/2002 - Nipah victims filed RM130 million suit against gov’t

And, in November 2004, the High Court struck off the case ...

The Kuala Lumpur High Court has struck out a suit from a group of 184 Nipah virus victims against the federal and state governments on the ground that the plaintiffs have not identified the government officers who caused their damages.

Judge Azmel Maamor said the court could not determine whether the federal government and the Negeri Sembilan, Perak and Selangor state governments were responsible for the damages, including culling their pigs, as their officers were not identified and were not called to defend themselves in court.

“The vicarious liability should not be imposed against the defendants named in this case. They are statutory bodies, they could not conduct the tort by themselves,” Azmel said.

“The tort could only be done through the government officers who carry out their task, and if that is the case, the related government should bear the vicarious liability,” he added.

He said if the officers were found guilty after being tried, then their respective employer - either the federal or state government - would therefore be required to assume responsibility.

“It is unfair and unreasonable to ascertain a government officer is guilty without giving him an opportunity to defend the allegations brought against him,” Azmel added.

Expected to appeal

He pointed out that the procedure to name the individual officers was necessary as stipulated in the Government Proceedings Act 1956 and noted that his decision was made on the precedents laid down in several previous cases.

Azmel has made the ruling to dismiss the suit on Feb 5 this year but reserved his judgement. His judgement was made available recently.

A copy of the judgement was obtained by malaysiakini and the group is expected to appeal to the Court of Appeal. ... - Malaysiakini, 4/11/04 - Officers not named: Suit from pig farmers struck out

It was good that in April 2005, the Court of Appeal allowed the appeal...

The Court of Appeal has directed the government to enter its defence against a suit brought by 184 victims of the Nipah virus outbreak in 1999.
MCPX

They had appealed against a Kuala Lumpur High Court decision last February to dismiss their RM130 million suit, on grounds that they had not identified the government officers responsible for the damages.

Today, however, a three-member bench comprising Justice Gopal Sri Ram, Richard Malanjum and Hashim Yusoff decided there was no need for the appellants to name all the officers involved and the co-defendants.

File defence

The court also directed the government to file its defence by June 30 and set the matter for case management in the high court on April 20 - Malaysiakini, 6/4/2005 - Govt ordered to enter defence in Nipah claims case
Now, the Federal Court on 30/10/2005 struck off the case...
A three-member panel, led by Chief Judge of Malaya Arifin Zakaria, unanimously decided this morning to uphold a High Court decision to dismiss the multi-million ringgit suit.

The two other judges were Nik Hashim Nik Abdul Rahman and Zulkefli Ahmad Makinudin.

bukit pelanduk pig farmers case trial 301008 02“The respondents’ (victims’) case was so untenable and doomed to fail both on the facts and the laws,” said Nik Hashim, who read out the 24-page judgment.
...Agreeing with the earlier decision that the government officers had not been identified, justice Nik Hashim said today the action could not proceed as a wrong party had been named.- Malaysiakini, 30/10/2008 - Heartbreak for Nipah virus victims


Was Justice Done? I say it was not done....the Judges got bogged down with technicalities...and were not interested in proceeding on the merits and deciding in the interest of justice... how sad.

So, they did not name the officers of the government, etc...as Defendants.., and the court could have so easily cured that by ordering that the said persons be added as parties..

And who may these be -- all the workers/officers at the ground, their supervisors, their head of departments, their District heads, their State level heads...etc..- and sometime it is not difficult for the lay person to know all their names. For many, they were just government officers or police or RELA officers - names are immaterial. Try getting the names and you will see how difficult it is... We got OSA (Official Secrets Act...) and so we cannot even go and check the records to find out the names of the persons concerned...

The law about persons who were not joined as parties when they should have been is clear - and the Court also can join them without any application from any party...

(1) No cause or matter shall be defeated by reason of the misjoinder or nonjoinder of any party; and the Court may in any cause or matter determine the issues or questions in dispute so far as they affect the rights and interests of the persons who are parties to the cause or matter.

(2) At any stage of the proceedings in any cause or matter the Court may on such terms as it thinks just and either of its own motion or on application-

(a) order any person who has been improperly or unnecessarily made a party or who has for any reason ceased to be a proper or necessary party, to cease to be a party;

(b) order any of the following persons to be added as a party, namely-

(i) any person who ought to have been joined as a party or whose presence before the Court is necessary to ensure that all matters in dispute in the cause or matter may be effectually and completely determined and adjudicated upon, or

(ii) any person between whom and any party to the cause or matter there may exist a question or issue arising out of or relating to or connected with any relief or remedy claimed in the cause or matter which in the opinion of the Court it would be just and convenient to determine as between him and that party as well as between the parties to the cause or matter.

but no person shall be added as a plaintiff without his consent signified in writing or in such other manner as may be authorised.

(3) An application by any person for an order under paragraph (2) adding him as a party must, except with the leave of the Court, we supported by an affidavit showing his interest in the matters in dispute in the cause or matter or, as the case may be, the question or issue to be determined as between him and any party to the cause or matter.-Rule 6. Misjoinder and non-joinder of parties. (O. 15 r. 6) - Rules of the High Court 1980

So what happened - why did the Judges not exercise the power that they did have to add in persons that they felt should be parties in the suit?

Well, the Federal Court decision saves the Government -- from having the case heard on the merits, and possibly an order that the Government pays damages at the end of the day...

Well, can't they not just file another suit.... well against Government, generally suits must be filed within 3 years -- so no more chance.

And, I wonder whether the courts also awarded cost ... mmm, that means not just you never get your case heard - but you also end up paying COST to the government...

Where is the JUSTICE?

With the new appointment of Zaki Azmi as the head of Judiciary - noting his past ties with UMNO, persons in government, and some businesses..., I doubt that things will improve...

The judiciary must be independent of the executive and the legislative - They are where the normal people will run through to seek justice for things done (or not done) by the government - but this Federal Court decision will surely 'deter' any person/s from taking cases against the government...

Technical and procedural non-compliances etc.... should take the back seat when it comes to the courts and justice. Our priority is to get down to the merits of the case and to decide justly...


* My opinion is based on the facts obtained from the various reports. I will appreciate that others who may have more facts or differing opinions to post your comments here as well.

Thursday, October 30, 2008

Is outcome of Munawar's appeal indicative of what we can expect from Zaki Azmi...new Boss of the Malaysian Judiciary

Chief Justice Zaki Azmi beginning to throw his true colours...

Will he be able to be INDEPENDENT of UMNO and his past friends, and be able to be concerned only with justice...

Will he be a progressive judge only concerned with JUSTICE - not fearful of developing the law so that justice be done...or will he just remain a tool of UMNO and his 'old friends'.

Also noted that Zaki Azmi was a businessman with involvement in a string of companies - and if so, he must recuse himself from any case involving those companies and/or related companies or even companies whereby his once fellow member of the Board of Directors or management is involved.

Hence, it is important to be open and transparent about these past liasons and relationship - and as such somewhere (possibly in the Judiciary Website or the Malaysian Bar Website), there must be information about all them different companies and persons he had such relationship, and other detailed background involvements not just of Zaki Azmi...but of all judges.

Was the throwing out of Munawar's appeal an indication of what we can expect of Zaki Azmi -- HOLD ON, let us wait and consider the reasons first before jumping into any conclusions..

The Federal Court today threw out an appeal by Munawar A Anees for his sodomy charge be remitted to the High Court so that he can argue his case.


Chief Justice Zaki Azmi, who sat with Federal Court judges Nik Hashim Nik Abdul Rahman and Zulkefli Ahmad Makinudin, delivered an oral decision, stating that their written judgment would made known later. - Malaysiakini, 30/10/2008 - Court throws out Munawar's appeal


I was trying find some more information about the companies that Zaki Azmi owned or was involved in, and I came across Kim Quek's article in Asia Sentinel which was published sometime at the end of the 2007. It makes me wonder whether the removal of Zaki Azmi as Chief Justice may have become the most important judicial reform that we may need...

The PM may have wanted his as Chief Justice. The Conference of Rulers may have wanted him as the Chief Justice. But, for the sake of the Malaysian Judiciary, I would have expected any good independent person to have declined the appointment. Zaki Azmi did not and today is the Chief Justice of Malaya. So, do not come and say that he did not have a say in the matter...

As the scandal-ridden Ahmad Fairuz exits as Chief Justice, another dubious candidate is poised to take his place.

Prime Minister Abdullah Badawi’s sudden announcement of the appointment of Zaki Azmi to the second highest post in the judiciary — President of the Court of Appeal — must have jolted and dismayed many who have cherished hopes of judicial reforms following the reluctant retirement of Ahmad Fairuz Abdul Halim.

After all, Zaki Azmi, who had not spent a single day as a judge in the court of appeal or the high court, was parachuted to the nation’s highest court — the Federal Court — only three months ago. He has not even warmed his seat as a judge, and yet he now looks poised to succeed Chief Justice Abdul Hamid Mohamad five months from now when Hamid retires in April 2008 upon reaching 66 years of age. Both Zaki’s and Hamid’s appointments were simultaneously announced by the Prime Minister on Dec 5.

In fact, when Zaki was appointed a Federal Court judge in September, he was instantly recognized at home and abroad as the person planted to the highest court to succeed Fairuz, whose request for a six month extension of service beyond his mandatory retirement on Oct 31 was not accepted by the Yang di-Pertuan Agong. Such instant recognition of Zaki’s mission came from his deep involvement with UMNO as a key party player. He was chairman of the party’s election committee, deputy chairman of its disciplinary board of appeal, party legal adviser etc.

As UMNO’s legal man, he was involved with the party’s myriad scandalous financial misadventures that were bailed out by the government in the heydays of former Prime Minister Mahathir’s crony-capitalism during the last Asian financial crisis. One prominent example is the RM 3 billion loan scam in the disastrous acquisition of Philippines’ National Steel Corp. (NS) by UMNO’s financial proxy Halim Saad. When the shares of NS became scrap, four top Malaysian banks were made to stomach the entire RM 3 billion losses. And Zaki was then adirector of the investment vehicle — Hottick Investment Ltd of Hong Kong — which borrowed the RM 3 billion and embarked on the acquisition of NS.

Apart from acting as UMNO’s nominee, Zaki also has held directorship in scores of major companies including some of the most well known names such as Berjaya, Metacorp, Pan Global, SP Setia, Malaysia Airports,Hume, Matsushita Electric, Pharmaniaga etc. Zaki was reported by Bernama on 21 April 2007 to have said that his 58% owned Emrail SdnBhd, a railway specialist company, had only the government as employer, and that he was earnestly soliciting contracts in the northern and southern portions of the double-tracking project to turn the cash-strapped Emrail around.

Such apolitical and business background would already have made him a poor candidate for any judicial appointment, Zaki is battered by yet another serious handicap — the question of his moral integrity arising from his controversial marriage and divorce from his second wife Nor Hayati Yahaya, who was half his age.

Zaki married Nor Hayati in a ceremony conducted by a minister from Thailand in a textile shop in Perlis in March 2005. They separated three months later. In the messy divorce that ensued, it was revealed that Zaki burned the original marriage certificate to hide the marriage from his first wife. Further, the marriage was ruled by the Syarah court as illegal.

Following the revelation of Zaki’s marital trouble, he resigned as deputy chairman of UMNO’s disciplinary board, for which he told the press: “Considering that members of the disciplinary board are of the highest integrity, I have made this decision following reports in the media …”

The question we must ask now is: If Zaki is morally unfit to serve in UMNO’s disciplinary board, how could he be considered morally fit to be a federal court judge, not to mention his lightning elevation to the No.2 position, and anticipated imminent rise to the top job in the judiciary?

Is this country so poor in legal talent and integrity that we have no choice but to appoint some one so glaringly unsuited for such important judicial position arising from his multiple conflicts of interests and questionable integrity? If not, then why did the Prime Minister make such a move? If it is not to advance the Prime Minister’s and UMNO’s interests, then what motivated such an appointment?

We have already seen in the infamous Lingam video clip how the former Chief Justice betrayed his oath of allegiance to the country and the Constitution by crawling to serve the parochial interests of his political and business masters, thus confirming the common knowledge of the depth of degradation our judiciary has sunk. While the Prime Minister and his cabinet is still dilly-dallying over the appointment of a proper royal commission of inquiry to probe into the Lingam tape scandal almost three months after its public display, are we now made to swallow another UMNO atrocity – the instant elevation of an UMNO stalwart in the nation’s highest court?

However,in the midst of despair over UMNO’s latest move, we detect something amiss in the prime minister’s announcement of this dual appointment (Hamid and Zaki). While the PM claimed that upon his advice these appointments were assented to by the king after consultation with the Council of Rulers, no effective date had been decided for Zaki’s appointment, while Hamid’s was fixed on Nov 1 — the day he started duty as Acting Chief Justice. Neither had any date been decided for the handing over of the appointment letters. If these dates had not been decided, why was PM in such a hurry to make an incomplete announcement?

Knowing that the King and the Council of Rulers had previously declined to accept nominees deemed inappropriate fill the vacancies of the President of Court of Appeal and Chief Judge of Malaya respectively, as well as having turned down Fairuz’ request to continue as chief justice, the suddenness of PM’s claim of royal assent — particularly in reference to Zaki’s controversial promotion — came as a surprise to many people. Did the king also assent to Zaki’s appointment? If so, why couldn’t Zaki’s date of appointment be also decided alongside with Hamid’s? Or was there a problem of royal assent?

Whatever the case may be in regards to Zaki’s appointment, it is pertinent to take serious note of the view expressed by the Sultan of Perak, Raja Azlan Shah, on public perception of judicial impartiality in his opening address to the 14th Malaysian Law Conference on October 29.

Raja Azlan Shah, one of the most illustrious Lord Presidents of Malaysia, said that the judiciary loses its value and service to the community if there is no public confidence in its decision-making. And the principal quality in judiciary is “impartiality”, which exists in two senses — the reality of impartiality and the appearance of impartiality. Of these two, the appearance of impartiality is the more important, the sultan said.

Taking cue from this observation, Zaki’s appointment is an unmitigated disaster, as even if he has the superhuman capability to totally severe his umbilical cord to the ruling party and his commercial interests to eliminate conflict of interests, there is still the insurmountable problem of public perception. With Zaki’s questionable background, there is no way he can command complete public confidence, particularly when the interests of UMNO or his businesses are involved.

Coming at a time when Malaysia’s competitiveness is fast losing ground,which has been contributed in no small way by its worsening judiciary image, such a daring raid on the sanctimonious ground of neutrality as the judiciary through planting a party stalwart to take over its control is destined to bring ruinous consequences to this country. Not even in the height of Mahathir’s autocracy would such a reckless adventure be contemplated.

Knowing UMNO’s arrogance and supreme confidence over its political hegemony, we do not think that it is open to advice from the public. We therefore earnestly appeal to the king and the Rulers to exert their benevolent influence empowered by the Constitution to protect our judiciary from further injury, as they have so valiantly done in the recent past.

Kim Quek comments regularly on Malaysian affairs. - Asia Sentinel, 7/12/2007 Malaysia's Judiciary: Here We Go Again

Would the most important Judicial Reform that the country require be the removal of Zaki Azmi as the Head of the Judiciary?

For me, one of the biggest problem is the shortage of judges and courts in Malaysia - and that is one major problem that has to be addressed immediately...Extreme pressure to speed-up matters are now resulting in courts striking off cases for technical reasons, etc - justice is not being done. Numbers and statistics is what most judges and courts have become concerned about --- not Justice..

In my earlier posts, I have discussed the kind of reforms that our Judiciary needs...

Abdullah Ahmad Badawi gave the indication that he was for Judicial Reforms - but alas his choice of the new Head of Judiciary makes us question whether his 'reforms' is anything like the kind of reforms that we are talking about.

Federal Court chief registrar Datuk Tengku Maimun Tuan Mat (as reported in New Straits Times, 20/9/2006), disclosed that the number of judges in the country was low compared with other Commonwealth nations. He was quoted as saying that the Malaysian ratio is "2.4 judges to a million people - a far cry from the ratio in India (10.5), Australia (57.1), Britain (50.1) and Canada (75)."

This really is the problem for the backlog and the delays in our courts, and the only solution is to increase the number of judges and courts in the country. Our population has increased, and grown in consciousness about legal rights and human rights. The number of lawyers has also increased to more than 12,000 in Peninsular Malaysia, and so too has the number of new law graduates coming out every year. Alas, the number of courts and judges have not increased at the same rate, and that is where the real problem lies.

What we need is to have more courts and more judges.- Charles Hector Blog




Wednesday, October 29, 2008

What is 30% Bumiputra Equity?

What is 30% Bumiputra Equity?

All it requires is that in, for example a public listed company, one Abdullah Najib Khairy (a Bumiputra) owns 30% of the shares - the we have 30% Bumiputra Equity requirement.

The same one Abdullah Najib Khairy (a Bumiputra) can own 30% of the shares in all them companies - and we have achieved 30% Bumiputra Equity requirement.

(Note: the same applies if and when there is talk about Chinese or Indian or Non-Bumiputra equity...)

This is the flaw that has been exploited by a small number of Bumiputras (and non-Bumiputras)... today results in that big GAP between the rich and the poor - an indication that the wealth and riches is not being equitably distributed between the people of Malaysia.

Remember - the Constitution talks about 'Malays and natives of any of the States of Sabah and Sarawak' - so where do we get this term Bumiputra from?

It is not the right time to adjust the 30% bumiputra equity in public-listed companies because the objectives of the New Eco­no­mic Policy have not been achieved, Tun Dr Mahathir Mohamad said.
Perfect host: Dr Mahathir greeting guests to the Perkim Hari Raya open house at Bangunan Perkim yesterday.

“If we adjust the equity to 20% and the economy expands, the share of bumiputras will still be below 30%,” he said at the Muslim Welfare Organisa­tion (Per­kim) Hari Raya open house yesterday.

He said there were still many objectives in the NEP which must be achieved before the 30% equity rule could be dropped.

“If you lower the 30% to 20%, non-bumiputras will have 40% equity. In that case, they should have a lower equity too,” he said.

However, Dr Mahathir said that in protecting the rights of bumiputras, economic policies must also consider the rights of non-bumiputras.

“We have to look at both sides. Be rational about it. At the moment, I don’t agree we should change the (equity rule). It’s not the right time for adjustment because the world economy is in turmoil,” he said.

MCA vice-president Datuk Liow Tiong Lai had suggested on Monday that the mandatory 30% bumiputra equity in local main board companies be abolished to ensure competitiveness in the current world economic meltdown. - Star, 29/10/2008 - Dr M: Not the right time to adjust 30% bumi equity


So, why do the majority of them 'Malays and natives of any of the States of Sabah and Sarawak' getting worked up - about this 30% or 40% nonsense - after all they do benefit almost nothing - it is them 'chosen ones' and some leaders who are the biggest beneficiaries. Where did Najib's wealth come from? Where did Abdullah's, his son's, his son-in-law (Khairy J)'s wealth come from? Where did Mat Taib's wealth come from? Where did Anwar Ibrahim get his wealth from? Were they rich all the while coming from already rich family backgrounds?

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. Go read this posting on unequal wealth distribution in Malaysia - note also how the government now talks about percentages(%) and really actual numbers of persons that control these 'equity' and wealth of the nation.

Remember also the NEP - and its 2 primary goals :-

The launching of the New Economic Policy (NEP) in 1971 was a watershed in the Malaysian economic policy history. The NEP underscored the importance of achieving socio-economic goals alongside pursuing economic growth objectives as a way of creating harmony and unity in a nation with many ethnic and religious groups. The overriding goal was national unity. To achieve this goal, two major strategies were adopted:
  • To reduce absolute poverty irrespective of race through raising income levels and increasing employment opportunities for all Malaysians; and

Now, I also wonder whether this '30% bumiputra equity in public-listed companies' or this '30 Bumi-40 Non-Bumi - 30 Foreigners quotas' is something that is constitutional. Is it done in reliance of Art. 153 of the Federal Constitution? I think not .....

Next, the "New Economic Policy (NEP)" is merely a Barisan Nasional government policy - and there are many such policies that have come and gone. In fact, I believe that even the BN government have moved on - and there have been new policies that have superceded the NEP of 1971.

Either way, I hope to look at the objects of this NEP Policy and see whether we have achieved the 2 OBJECTIVES of the NEP - Of course the EPU site now calls this as being the 2 'major strategies'. [Well, we may need to look at the original document to see whether the wordings have been changed...]

How many Malaysian Indonesians? Malaysian Thais? Malaysian Javanese? Malaysian Singaporeans? - NONE ...how come?

I wonder how many Malaysian Indonesians are there? Or Malaysian Jawanese? Or Malaysian Bataks?

How many Malaysian Thais?

How many Malaysian Filipinos?

How many Malaysian Pakistanis?

How many Malaysian Singaporeans?

How many Malaysian Sri Lankans ?'

How many Malaysian- Arabs?

We only hear of Malaysian Chinese and Malaysian Indians?

Malaysian has borders with Thailand, Indonesia, Philipines, Singapore and we also know that the Arabs were here for trade and chose to settle before...and as such the question is a relevant question.

Maybe, we should all just be talking about Malaysians...

And if we want to go further then maybe we should be talking in terms of language or ethnic groups..

Malaysian Tamil, Malaysian Malayalees, Malaysian Punjabis, Malaysian Gujuratis, Malaysian Chettys, Malaysian Telugus - instead of the term Malaysian Indians.

Malaysian Hokkien, Malaysian Cantonese, Malaysian Hakka....

Malaysian Jawanese, Malaysian Bugis, Malaysian Acehnese, Malaysian Bataks,...

When it comes to children of mix-marriages...
Malaysian Tamil-Hokkien, Malaysian Malay-Eurasians, Malaysian Pakistani-Malays, Malaysian Thai-Malayalee..

Maybe just Malaysians may be best...

Bangsa:........ (The only bangsa or nationality can be Malaysian or Malaysia)

Keturunan:... or Ras:... or Ethnicity:... --- why do we still need this? For some academic study....

Constitution can be discussed...can be changed - it is not sacred or infallible

The government will continue to defend the special rights of the Malays and those of the other races as outlined in Article 153 of the Federal Constitution, the deputy prime minister said.

Reminding the country's leaders not to abuse their powers, he said the guarantees provided for in the Constitution should no longer be questioned.

"These are the basics and we will continue to defend Article 153 as the backbone of the nation.

"We can always sit down and discuss policies" but not the fundamentals of the Constitution, Datuk Seri Najib Razak said at a Hari Raya open house organised by Perak Barisan Nasional on Sunday. - New Straits Times, 28/10/2008 - Najib: Rights will be upheld
Malaysians (and other persons) should have the full right to discuss every aspect of the Federal Constitution - and this is important.

Unlike other laws, the Federal Constitution cannot be amended by simple majority vote - it requires a 2/3 majority for Constitutional amendments >> and that is the safeguard that have been put in.

And this 'sacred' Article 153 that Najib is talking about is as follows:-

153. Reservation of quotas in respect of services, permits, etc., for Malays and natives of any of the States of Sabah and Sarawak.

(1) It shall be the responsibility of the Yang di-Pertuan Agong to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities in accordance with the provisions of this Article.

(2) Notwithstanding anything in this Constitution, but subject to the provisions of Article 40 and of this Article, the Yang di-Pertuan Agong shall exercise his functions under this Constitution and federal law in such manner as may be necessary to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak of such proportion as he may deem reasonable of positions in the public service (other than the public service of a State) and of scholarships, exhibitions and other similar educational or training privileges or special facilities given or accorded by the Federal Government and, when any permit or licence for the operation of any trade or business is required by federal law, then, subject to the provisions of that law and this Article, of such permits and licences.

(3) The Yang di-Pertuan Agong may, in order to ensure in accordance with Clause (2) the reservation to Malays and natives of any of the States of Sabah and Sarawak of positions in the public service and of scholarships, exhibitions and other educational or training privileges or special facilities, give such general directions as may be required for that purpose to any Commission to which Part X applies or to any authority charged with responsibility for the grant of such scholarships, exhibitions or other educational or training privileges or special facilities; and the Commission or authority shall duly comply with the directions.

(4) In exercising his functions under this Constitution and federal law in accordance with Clauses (1) to (3) the Yang di-Pertuan Agong shall not deprive any person of any public office held by him or of the continuance of any scholarship, exhibition or other educational or training privileges or special facilities enjoyed by him.

(5) This Article does not derogate from the provisions of Article 136.

(6) Where by existing federal law a permit or licence is required for the operation of any trade or business the Yang di-Pertuan Agong may exercise his functions under that law in such manner, or give such general directions to any authority charged under that law with the grant of such permits or licences, as may be required to ensure the reservation of such proportion of such permits or licences for Malays and natives of any of the States of Sabah and Sarawak as the Yang di-Pertuan Agong may deem reasonable; and the authority shall duly comply with the directions.

(7) Nothing in this Article shall operate to deprive or authorise the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him or to authorise a refusal to renew to any person any such permit or licence or a refusal to grant to the heirs, successors or assigns of a person any permit or licence when the renewal or grant might reasonably be expected in the ordinary course of events.

(8) Notwithstanding anything in this Constitution, where by any federal law any permit or licence is required for the operation of any trade or business, that law may provide for the reservation of a proportion of such permits or licences for Malays and natives of any of the States of Sabah and Sarawak; but no such law shall for the purpose of ensuring such a reservation -

(a) deprive or authorise the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him; or

(b) authorise a refusal to renew to any person any such permit or licence or a refusal to grant to the heirs, successors or assigns of any person any permit or licence when the renewal or grant might in accordance with the other provisions of the law reasonably be expected in the ordinary course of events, or prevent any person from transferring together with his business any transferable licence to operate that business; or

(c) where no permit or licence was previously required for the operation of the trade or business, authorise a refusal to grant a permit or licence to any person for the operation of any trade or business which immediately before the coming into force of the law he had been bona fide carrying on, or authorise a refusal subsequently to renew to any such person any permit or licence, or a refusal to grant to the heirs, successors or assigns of any such person any such permit or licence when the renewal or grant might in accordance with the other provisions of that law reasonably be expected in the ordinary course of events.

(8A) Notwithstanding anything in this Constitution, where in any University, College and other educational institution providing education after Malaysian Certificate of Education or its equivalent, the number of places offered by the authority responsible for the management of the University, College or such educational institution to candidates for any course of study is less than the number of candidates qualified for such places, it shall be lawful for the Yang di-Pertuan Agong by virtue of this Article to give such directions to the authority as may be required to ensure the reservation of such proportion of such places for Malays and natives of any of the States of Sabah and Sarawak as the Yang di-Pertuan Agong may deem reasonable; and the authority shall duly comply with the directions.

(9) Nothing in this Article shall empower Parliament to restrict business or trade solely for the purpose of reservations for Malays and natives of any of the States of Sabah and Sarawak.

(9A) In this Article the expression "natives" in relation to the State of Sabah or Sarawak shall have the meaning assigned to it in Article 161A.

(10) The Constitution of the State of any Ruler may make provision corresponding (with the necessary modifications) to the provisions of this Article.


Read it very very carefully - and note that there is a lot of improvements that could be proposed with regard to Article 153 ...

* There must be something to say that it should not be the SAME 'Malays and natives of any of the States of Sabah and Sarawak' who reap all the benefits.

* There could be a discussion to determine what is the meaning of ' of such proportion as he may deem reasonable' - is it 30% or is it 99%.

* There is a failure in our Federal Constitution to provide for special preferences for the poor and marginalised...

The practice of some banks requiring law firms to have a certain percentage of Bumiputra partners/lawyers in their firm before they will be appointed into Bank panels - is WRONG and unconstitutional. Thankfully, when the Malaysian Bar raised this matter - Bank Negara agreed and this practice has stopped...

Likewise, the practice of cheaper houses for Bumiputras is not something that provided for by Art. 153.... it is wrong and discriminatory.

Also note - the word 'Bumiputra' is not there in the Federal Constitution - it talks only about 'Malays and natives of any of the States of Sabah and Sarawak'

I have no issue with the fact that there must be special reservations/rights with regard to 'Malays and natives of any of the States of Sabah and Sarawak' but I feel it should also definitely extend to the other natives of Peninsular Malaysia - i.e. the Orang Asli (Temuan, Semai, Mah Meri, ...)

There are other matters that we all should and could discuss...and must have the freedom to discuss..

And discussion must never never be taken to be a challenge of the status and positions of natives of Malaysia...

Tuesday, October 28, 2008

PR State Policy - Education for all including children of refugees/statelless persons...

State governments have a lot of power and can bring about significant changes not just at the level of the State Government but also at the level of the Local Governments(be it at the Local Council level but also at the Taman/Kampung/Kampung Baru levels).

The new Pakatan Rakyat State governments have really been procrastinating and not bringing about much changes....focusing us always on the Federal Government - and their quest to seize power.

I say - when quest for control of the Federal Government should not stop -- BUT at the same time, there can and should be substantial reforms in what Pakatan Rakyat already has. Look at Kelantan - and how it managed to survive all these years...without (or with little) help from the Federal Government.

State Government have their own monies - and means of generating monies. Local authorities have a lot of means of generating their own money - so do not tell me that they are 'crippled' and not able to bring about reforms and changes...

What are the matters that these Pakatan Rakyat States can do now?

GREATER DEMOCRACY - meeting that there should be elections at all levels of government - starting with election of leaders at Kampungs, Tamans, Kampung Barus. Start the education process and give the people democracy - people power, makkal sakti, kuasa rakyat. The practice of appointment should stop.

GREATER TRANSPARENCY & ACCOUNTABILITY
First, in the State Websites - the State Constitution must be available, and also all the State Laws and Rules.
2nd - there must the minutes of the meeting of the State Assembly, including the Written Questions and Answers
3rd - there must be also minutes of all Local Council meetings and decisions
4th - there must be something called State Exco decisions - which the people of the State can rely on to claim and enforce rights. [This will make clear what really is State Police and State level Decisions - also must be provisions for revocations, etc...] These decisions must also be easily available at the State level websites...
5th - A declaration that there will be no State Secrets - and people must be educated in how and where they can access these information. (State Exco and State Committee minutes of meetings should be made publicly available NOW - or after a certain time lapse - say 6 months...)

NEW RIGHTS AND FREEDOMS
- State Constitutions could provide for more rights and freedoms for the people of its State (or even in their own State)
- Right to food, shelter and clothing is something that could be included (Remember this right is not there in our Federal Constitution...)
- Right to free education to all persons within the State (maybe pre-primary, primary, secondary and, if possible tertiary..). This could be for every person including children of migrants and refugees...
- Right to free healthcare to all persons
- Right to clean and healthy environment..
- Right to job and employment (meaning that the State will have the obligation to create jobs and to ensure sufficient jobs for the persons in the State...)
- Right to temporary shelter and sanctuary to refugees until the relevant authorities have the required time to process applications for refugee status, etc.. (This could apply to persons from Burma [now called Myanmar], Southern Thailand, ...etc..). Then, maybe we won't hear the horror stories of refugee settlements being burnt down...etc...[Selangor could start this, could it not...]
- Freedom of Expression [State government could create venues for Free Expression, etc...and make clear its stance of these freedoms...]


Almost 9 months since they took over POWER in 4 New States - but what reforms are there...

Too many persons are becoming APOLOGETICS for the delay in Reforms ...

REFORMS have to be done now ....and the people must experience it NOW ... before the end of 4 plus years when we will have the next General Elections...

Changes and reforms have to be SWIFTLY effected - and not delayed.

Maybe good if the 5 Pakatan Rakyat could also put in their websites what the NEW and DIFFERENT things that they have been doing in the State governing since they took power...

Monday, October 27, 2008

Selangor MB behaves like an UMNO-led BN person yet again...

It is so sad when we still hear Selangor's Pakatan Rakyat Menteri Besar still talk about Bumiputra and non-Bumiputra when it comes to appointing persons to the various entities owned and controlled by the Selangor government.

We cannot find a suitable Bumiputra -- so for the time being we will have a non-Bumiputra head PKNS - while we look for a suitable Bumiputra.

I would have expected better from Pakatan Rakyat - like we will look for the best person ...the best Human Being for the job...

Hypocrites they are .... no different really from the UMNO-led BN after all...or are they different?

Mentri Besar Tan Sri Khalid Ibrahim said the appointment of a non-bumiputra was a short-term measure for one year to ensure the effective continuation of management.

On being told that certain quarters are against the appointment of a non-bumiputra to the post, Khalid smiled and said, that “it is their view and this is mine”.

PKNS general manager Datuk Harun Salim whose annual contract expires this Thursday will not have it extended, as he is 60. Harun retired in mid-2003 and will have to leave the government entity in compliance with the Public Services Department’s age requirement.

Current Finance and Corporate deputy general manager Low Siew Moi, 57, will have her annual contract extended to replace Harun, as acting general manager.

Low, who is in Australia for a holiday, received her letter on Wednesday afternoon.

“We can’t have two top officers retire at the same time as we need an effective continuation of management. One best option is to extend Low’s service on contract basis to replace Harun,” said Khalid after he officially launched the I-City complex here.

He added that Low would work in tandem with the PKNS board of directors to steer the state government’s business arm forward until the state could source for a bumiputra person with high calibre and ethics and someone who is committed to lead the state’s business arm.- Star, 27/10/2008 - S'gor appoints non-bumiputra to temporarily head PKNS



Sunday, October 26, 2008

ACT this Deepavali - for GOOD to truly overcome all EVIL..

It is Deepavali - the festival of light - when good triumps over evil...but alas for Malaysia the evil still is present and the struggle to overcome evil must continue despite the increased risks and challenges...

The evil of the ISA and Detention Without Trial still is around --- and many still languish in Detention including P.Uthayakumar, M. Manoharan, R Kenghadharan, V Ganabatirau, T Vasanthakumar and Raja Petra.

The evil of Abdullah Ahmad Badawi-Mohd Najib Razak led BN government is still around - a regime that curtails freedom of peaceful assembly, freedom of expression, freedom of legitimate dissent and even freedom of assoiciation. The making of HINDRAF unlawful is so wrong. The arresting of persons who went to deliver a letter to the PM's office is also so wrong and evil.

I wonder why the Star(and some other Media) still refers to them as HINDRAF supporters - knowing that once HINDRAF has been declared unlawful by the Minister - persons claiming to be representing and/or part of such unlawful societies can be charged for commiting an offence. Just one such section that concerns unlawful society, as an example, is as follows:-

48. Acting on behalf of or representing an unlawful society.

(1) Any person who in any manner acts on behalf of, or represents, or assists, whether in a professional capacity or otherwise howsoever, any unlawful society, or any person who was an office bearer thereof as if he continues to be an office-bearer thereof, or any body which was the governing body of the society or of any branch thereof as if it continues to be such governing body, in relation to any matter, shall be guilty of an offence and shall be liable, on conviction, to imprisonment for a term not exceeding five years or to a fine not exceeding fifteen thousand ringgit or both. - Societies Act 1966, section 48(1)


So, when the Media reports persons as being HINDRAF supporters...or HINDRAF leaders...or HINDRAF lawyers ....they are doing a great disfavour to these persons. Remember that the persons who went to see the Prime Minister did not go as HINDRAF but as concerned citizens calling for the release of P.Uthayakumar, M. Manoharan, R Kenghadharan, V Ganabatirau, T Vasanthakumar...
The 10 supporters of the banned Hindu Rights Action Force (Hindraf), who were arrested outside the Prime Minister’s Office on Thursday, were released on police bail at 1pm Sunday.

They were seen leaving the Putrajaya district police headquarters at 1.30pm, accompanied by their lawyers led by Gobind Singh Deo, Shah Alam MP Khalid Abdul Samad and Kuala Selangor MP Dr Dzulkifli Ahmad.

Kuala Lumpur police chief Datuk Wira Mohammad Sabtu Osman confirmed that the eight men and two women were released on police bail and have to report here on Nov 25.

About 50 supporters and family members had gathered outside the police headquarters early Sunday morning.

Twelve people, including three women and one child, were detained on Thursday after they were said to have tried to hand over to the Prime Minister’s Office a memorandum calling for the release of the Hindraf leaders who are being detained under the Internal Security Act before Deepavali.

One of the three women picked up was K. Shanti, wife of Hindraf chairman P. Waythamoorthy, who is in self-exile in London, and the child is their six-year-old daughter Vwaishhnnavi. - Star, 26/10/2008 - 10 Hindraf supporters out on bail

Good news about the Star report is that the 10 can now be with their family and friends celebrating Deepavali...

But remember that P.Uthayakumar, M. Manoharan, R Kenghadharan, V Ganabatirau, T Vasanthakumar...and many other Hindus or persons that celebrate Deepavali are still being under the ISA and the other Detention Without Trial laws.

One thing that we could all do is send to all persons that we know are being detained under the ISA and Detention Without Trial Laws a Deepavali Card -- or maybe even just sent them a TELEGRAM...for this Deepavali expressing our solidarity with them and our hope that they be released soonest - and that GOOD shall triumph over EVIL.

The address is

Name of Detainee,
Kamunting Detention Centre
34600 Taiping
Perak,
MALAYSIA

The list could be found in my earlier post.

In fact, you could also as part of your ACTION for Justice this Deepavali send an Urgent Appeal.

Illegal for employers to hold Migrant Worker's passports..

Many migrants who are legitimately in the country get arrested because they cannot produce and show their passport to the Police, Immigration Officers...and then RELA jokers.

It is so wrong for employers to deprive a migrant of his/her passport...and it is wrong for any person to be holding the passport of another without lawful authority.

And there really is no reason for an employer to be holding the passport of their workers...

HUMAN Resources Minister Datuk Dr S. Subramaniam has questioned the need for employers to keep the passports of their foreign workers.

Tamil Nesan reported him as saying it was illegal to hold another person’s passport.

However, he noted that most foreign workers in Malaysia agreed to hand over their passports to their employers due to security reasons.

Speaking at the launch of Nirwana Academy Group of Colleges’ School of Information Technology in Kuala Lumpur, Dr Subramaniam said the ministry would draw up guidelines to ensure there was no abuse of the passports.

He advised foreign workers not to hand over their passports to their employers.

He said employers must also ensure that the passports and visas do not expire or the workers would have to bear the consequences.

He said there were about three million foreign workers in the country, of whom 1.1 million were illegals. - Star, 25/10/2008 - Subra: No reason for bosses to hold passports

I came across a case a year back where a migrant worker who had just arrived in the country was arrested and detained by the authorities for about 3 plus months just because he could not show his original passport.

Guess what the passport of that migrant worker was taken by his employer to be submitted to the Immigration Department for the necessary work permit [Pas Lawatan[Kerja Sementara] to be endorsed (or attached) in his passport.

This migrant worker was arrested on 28/1/2007. The police takes the position that they will not release until they have sight of the ORIGINAL Passport - other documents insufficient.

After ORIGINAL passport is obtained back from the Immigration Department, which clearly has a Pas Lawatan(Kerja Sementara) that expires only on 11/1/2008, and is shown to the police on 9/2/2007 and the detaining authority at the Depoh Tahanan Pendatang Tanpa Izin Semenyih Selangor on 13/2/2007 .

The Migrant Worker was finally released on 13/4/2007 - and GUESS what despite demands by the Migrant Worker for his Passport - the Immigration Department hands over the passport of the Migrant Worker to the Employer.

Of course, release happelns after the application for habeas corpus is filed and served -- and just before the hearing date.

So, maybe good old HUMAN Resources Minister Datuk Dr S. Subramaniam must also stress it to the Immigration Department and the Police and the other authorities that the passport should always be returned to the Migrant Worker - and should always be with the Migrant Worker.

A brief chronology about this particular Migrant Workers case is as follows:-

28-1-2007 Migrant Worker(MW) arrested by police

29-1-2007 Employer’s representative goes to the Sunway Police station with all documents to prove that the presence of the MW was legal. They asked them to go to the Bandar Puchong police station. The Bandar Puchong Police said that they could not do anything as this was a Bandar Sunway matter.

30-1-2007 The employer’s representative went back to the Bandar Sunway police station - who now told them that they could not do anything until they had sight of the original passport.

9-2-2007 The employer receives back the original passport from the Immigration Department, which clearly has a Pas Lawatan(Kerja Sementara) that expires only on 11/1/2008 - that makes it clear beyond any doubt that the Applicant was legally in Malaysia for work until January 2008. The police then asks the employer’s representative to go to Depoh Tahanan Pendatang Tanpa Izin Semenyih Selangor.

13-2-2007 The employer’s representative goes to the Depoh Tahanan Pendatang Tanpa Izin Semenyih Selangor, and they say they cannot release until they receive directions from the police or the Public Prosecutor. The Depoh Tahanan Pendatang Tanpa Izin Semenyih Selangor then takes and holds the original passport of the MW.

15-2-2007 The employer’s representative goes back to the Sunway Police Station, and one Sjn. Ariffin says that he needs the original passport.

21-2-2007 The employer’s representative goes back to Depoh Tahanan Pendatang Tanpa Izin Semenyih Selangor and obtains the original passport of the MW with some difficulty.

The employer’s representative returns to Sjn Ariffin (Sunway Police Station), and he now says that the Immigration Department does not have any records about the MW.

22-2-2007 The employer’s representative goes to the Immigration Department in Pusat Bandar Damansara, Kuala Lumpur and gets even additional documents verifying the MW’s existence and valid presence in Malaysia. They also went to the Selangor Immigration Department.

When the employer’s representative returns with all these proof, Sjn Ariffin wrongfully said that he did want to be disturbed about this.

When the Public Prosecutor’s office in Selangor is contacted, they say that they have no records of the arrest and detention of the MW.

26-2-2007 The employer’s representative then went back to the Immigration Department in Pusat Bandar Damansara, and they also said that they do not have any record of the MW’s arrest and detention.

The employer’s representative goes back to the Sunway Police Station, and meet with the Officer in Charge, one C/Insp Supari, who says that he cannot do anything as this case was handled by Sjn Ariffin.

15-3-2007 The MW’s friend, one Alam Zeb, sends a letter to the Public Prosecutor’s office in Selangor enclosing a Statutory Declaration that also enclosed copies of all relevant documents appealing for the release of the MW.
28-3-2007 The MW’s lawyer sends letters to all relevant parties seeking the release of the MW, enclosing also relevant documents clearly showing that the arrest and clearly the prolonged detention was wrong.

3-4-2007 The Public Prosecutor’s office in Selangor sends Alam Zeb a letter stating that his appeal that the MW be released have been allowed.

5-4-2007 The Peguam Negara Malaysia sends a letter to the MW’s lawyers stating very clearly that they have investigated the matter, and have ordered that the MW is to be released from custody. (This letter was also copied to the Public Prosecutor’s office in Selangor)

11-4-2007 After receipt of the letter from Peguam Negara Malaysia, which was sent by normal post, the MW’s lawyers sent letters to all relevant parties enclosing the Peguam Negara’s letter, asking that the MW be immediately released from custody/detention.There was also verbal communication with the relevant parties.

13-4-2007 The Immigration Department in Putrajaya contacts the lawyers of the MW stating that the applicant will be released in Putrajaya, and that the lawyers need to be present with the original passport. It was clearly made known that the lawyers were the MW’s lawyers - not the lawyers of the employer.

The original passport of the MW was taken from the lawyers, and the Immigration Department said that they had to wait for the employer to come before the MW was released.

When the employer’s representative arrived, the original passport was handed to the employer’s representative by the Immigration Department despite protests from the lawyers and the Applicant. - based on the Affidavits affirmed and filed in court, and also the oral and written submissions in court.
On the hearing date, the High Court threw out the application for habeas corpus because the Migrant Worker had been released already.

I am sure that there are many simialr cases of Migrant Workers (or Refugees even) that get arrested and detained unnecessarily because they could not produce their original passport.

HUMAN Resources Minister Datuk Dr S. Subramaniam should not be questioning the need for employers to hold the passport of migrant workers --- nor should he be only advising migrant workers 'not to hand over their passports to their employers'. He must also tell employers not to hold on to these passports. There must be strict enforcement of the law against employers who do so...

The Minister must also ensure that appropriate temporary documents are given to workers when passports are sent to Immigration Department for visa applications and/or renewals - and that all (police, Immigration, Detention Centres Authorities, and others) do recognize these appropriate temporary documents as being valid papers in lieu of the original passport.

If a MW is arrested and detained - then an EMPLOYER shall be made liable to pay the MW compensation and damages.

Migrant Workers .....mmm let's also not forget about that Malaysian pregnant mother who was detained as an undocumented migrant for almost a year because she did not have her NRIC card with her. See my earlier postings on the Rajeshvari Scandal : PM need assure us no other cases like this...

We may not be able to do much about what happens in the whole of Malaysia - but surely something can be done immediately in the 5 Pakatan Rakyat States of Selangor, Perak, Pulau Pinang, Kedah and Kelantan - to prevent unnecessary and/or wrongful arrest and detention of migrants (or even Malaysians).

Saturday, October 25, 2008

Jawi is different from Arabic - Improved Communication not politicking please...

With regard to Street signs and other important information boards/publications in Malaysia - it should not just be in Bahasa Melayu - but also English, Chinese(Mandarin), Tamil...Maybe, we should also have some in Jawi writing.

Why? Because those are the languages that people in Semenanjung Malaysia are familiar with.

In the case of Sabah and Sarawak - the local languages should also be used.

The important thing is communication - i.e. to be able to convey necessary information to the people of Malaysia (and maybe even the tourists/migrants in our country.) Talking about migrants - maybe Urdu should also be included in signages, as this will cover migrants from Pakistan, Bangladesh, Nepal and India. Oh, we also have Vietnamese and Burmese...

Arabic - why? Is it for the Arabic tourists coming to the country. Maybe, what the Penang Municipal council is talking about is Jawi - which was the original written form used for Bahasa Melayu...

By December, tourists visiting Penang’s heritage enclave will be greeted by street names in multiple languages.

The state executive council approved the Penang Municipal Council’s application to put up the road signs in different languages at its meeting here yesterday, Chief Minister Lim Guan Eng said.

“I want to stress that the original Bahasa Malaysia signs will not be removed. We are just adding new ones in Chinese, Tamil and Arabic, to complement the existing signs. - Star, 25/10/2008 -Road signs in various languages


Embarassing conduct by government in dealing with Malaysian rights activist

Go meet the Prime Minister to raise your grievances during the Hari Raya open house - not right.

Go to meet and hand over letter to Prime Minister at his office - get arrested and detained..

She was among 11 individuals arrested yesterday evening when they accompanied her daughter, Vwashnnavvi, 6, to the Prime Minister’s Office to deliver a handwritten letter.

In it, Vwasshnnavvi invited the prime minister to her family’s ‘open house’ during Deepavali celebrations and appealed for the release of all Internal Security Act (ISA) detainees.

Police obtained a three-day remand order against the remaining 10 detainees, from Kajang magistrate Nurdiana Mohd Nazari this afternoon.- Malaysiakini, 24/10/2008 - Shanti: I stayed in police station in protest


When some ordinary Malaysians go to the Prime Minister's office to hand over a letter, they get arrested and detained - but then when some MPs go hand over a signature petition, nothing untoward happens..
A group of Members of Parliament turned up at the Prime Minister’s Office here on Friday to hand over the first batch of signatures in support for a motion to discuss repealing the Internal Security Act (ISA).

The five Pakatan Rakyat members -- Batu Gajah MP Fong Po Kuan and Segambut MP Lim Lip Eng of the DAP, Selayang MP William Leong and Kelana Jaya MP Loh Gwo Burne of PKR, and Kota Raja MP Dr Siti Maria Mahmud of PAS -- arrived at the office around 11.10am.

The signatures were handed over to the Premier’s senior private secretary, Datuk Ahmad Yaakob. - Star, 24/10/2008 - MPs submit ‘ISA letter’ to PM’s office

Why are the Malaysians being discriminated - Why are these Malaysian Indians being discriminated against?
Police Watch Malaysia coordinator S Jayathas, who was also held, claimed that they had been told that they were part of an illegal assembly for having gathered near the entrance of the building.

“We were trying to obtain permission from the security guards for Vwaishhnnavi to submit her letter. They said that we were from Hindraf, but we insisted that we were 'concerned Indians' who were accompanying Vwaishnnavi,” Jayathas when contacted. - Malaysiakini, 23/10/2008 - Uthaya's niece, 11 others held


Will these kind of disgraceful attempts to suppress dissent and legitimate protest by the government work? Will the "Makkal Sakti" movement be silenced?

The used water cannons and tear gas on them..

The used violence on them...

They arrested and detained them...

They put 5 of their alleged leaders under ISA more than 10 months ago...

They tried to play them as being 'un-islamic' and 'ill-behaved..'

They made HINDRAF into an unlawful society..

They arrested 10-11 for trying to hand a letter to the PM at his office..
However, the magistrate only extended remand to three days till Sunday when hearing resumed in the afternoon following a lunch break. This means that the 10 will be able to celebrate Deepavali with their families on Monday. - Malaysiakini, 24/10/2008 - Child, mother freed, 10 remanded
I just hope that the police do not go and apply for further remand - and this may mean that will have to spend Deepavali in a police lock-up...

How long does it take to take a statement - which I believe they will most likely all say that the only statement they are going to give is 'whatever I want to say, I will say in court...".

What else? Take their fingerprint....take their photo...

Identification parade (kawat cam)... really not necessary...since they were arrested at the scent of the alleged crime...

That is generally what investigation entails - and all this could have been done in a few hours without even requiring an application for further remand..

Further, I am sure that these are all Malaysians with a valid address - hence there really was no need to even keep them in the lock-up. They could have been released on police bail -- requiring them to be present at this time or that time for the purpose of assisting the police investigation.

So, why arrest...why go for remand and detain them further...why all that FRU trucks and ...

Security was tight at the court complex, where six riot police FRU trucks as well as a water-cannon truck have been deployed. About 50 supporters and family members of those arrested have gathered outside the courthouse.

Journalists have also been barred from entering the court complex.

Police showed a document signed by Kajang magistrate Nurdiana Mohd Nazari stating that only the lawyer representing those arrested and their family members are allowed into the court.Malaysiakini, 24/10/2008 - Child, mother freed, 10 remanded


“Any attempt to remand is an attempt to punish them especially with Deepavali being around the corner,” he stressed.

hindraf kajang magistrate 241008 lourdes mary faintedDuring the remand hearing, one of the female detainee, Lourdes Mary, fainted in court while explaining the lock-up condition to the magistrate.

According to Surendran, the detainee is a diabetic and her legs have swollen twice the size as she was unable to obtain insulin since her detention yesterday.

“I have never seen this kind of neglect in court before,” lamented the lawyer.

Meanwhile, another legal team member M Manogaran criticised the police for demanding lawyers to register themselves before entering the court building and for barring journalists from entering the complex.

“This is a tragedy. As an officer of court, I have a statutory duty to go into the court [...] We will take this issue to Bar Council. It’s a breach of statutory duty,” said the lawyer, who is also the Teluk Intan MP.
- Malaysiakini, 24/10/2008 - Child, mother freed, 10 remanded

Tuesday, October 21, 2008

Uthayakumar vs PM - time for a Public Debate?

I believe that it is very wrong to arrest and detain a person without trial - as is happening to RPK, Uthayakumar...

It even more wrong when they also charge them with 'another' offence... as is being done to Uthayakumar and RPK. (Remember, even if they are found not guilty - they continue to be detained under the ISA.)

How do they prepare for their case whilst being under detention without trial - Access to lawyer and others are so limited - and there is also a question of 'privacy'. Transcripts of communications of a confidential nature between lawyer and client may actually be in the possession of the police and prosecutors as I do not trust Kamunting rooms...

Now, Uthayakumar's sedition trial is an open trial - and this means that no one can be prevented from being in the courtroom - the only reasons for exclusion may be space constraints.

A small commotion in the courtroom preceded today's hearing when the case was moved to another court, but before the same judge.

Hindraf supporters were unhappy when they were not allowed into the new courtroom. A shouting match ensued between the supporters and the police, with Uthayakumar - wearing a white shirt and tattered blue pants - joining in.

Kapar MP S Manikavasagam was among those shouting, insisting that the police should stop "harrassing the supporters".

A woman fainted in the ensuing disorder and was taken to a hospital in an ambulance. Surendran claimed she had been “elbowed” by a police officer.

However, the commotion died down after 20 minutes, when more supporters were allowed to enter the courtroom where they sat on the floor.- Malaysiakini, 20/10/2008 Uthaya's sedition trial moved to February

Another report

A commotion broke out at the entrance of the Criminal Sessions Court here when police barred Uthayakumar’s supporters from attending his sedition trial.

Earlier, when the hearing began at the Civil Sessions Court at 9am, the room was packed with 70 well-behaved supporters. How-ever, when the courtroom was changed to the Criminal Sessions Court just before 11am, police prevented the supporters from entering the court and a shouting match ensued.

A police officer had told the supporters that they needed to be registered to enter the courtroom but the latter countered they had the right to enter an open court.- Star, 20/10/2008 Uthayakumar’s supporters create commotion when barred in court

Note that those who came were well-behaved - and the problems only arose when they mysteriously changed court rooms and then did not allow them in. Anyone who came early to get a seat in court who suddenly find themselves in the predicament of finding a seat again when the court room is suddenly changed will certainly not be happy...

There is NO requirement in law that one has to be registered - and the Bar, civil society groups and all concerned persons must protest that move to try to register persons who want to go into court...what next? Will we need to be photographed? Will we need to undergo DNA tests? ...Who is starting all these new requirements? The police?

In fact, the Judiciary is the 3rd arm of the government, which should be independent of the executive and the legislature.

The police are under the executive....and as such they should not even be there 'policing' the courts.

If need be, there must be a separate and distinct security force or police that comes directly under the courts. The court-police should be differently uniformed and will not be under the Inspector General of Police or the Minister of Home Affairs - they must come directly under the Head of the Judiciary.

I believe that the police should have no business in the courts - save as prosecution officers.
Accused persons or prisoners brought to court by the police (or prison officials) shall be handed over to the court police. [How difficult is it for the suspect or accused persons to even tell the Majistrate that they were tortured by the police when standing beside them and all around the room are the very same police - which may also include the alleged 'torturer']

NEXT....That consent of Public Prosecutor issue

Oh yes, Uthayakumar could only be charged and prosecuted if there was a consent by Public Prosecutor. If Ghani Patail allowed his personal feelings against Uthayakumar to influence his decision, then ... the consent is invalid... then the act of charging in court will be wrong - and, I believe, Uthayakumar should then be compensated by the government and paid damages as well.
The consent form is issued under Section 5 of the Sedition Act 1948, which states that "no person shall be prosecuted for an offence under section 4… without the written consent of the Public Prosecutor".- Malaysiakini, 20/10/2008 Uthaya's sedition trial moved to February
There has been an attempt to paint the alleged HINDRAF supporters as being ill-behaved and unruly ... is the reason behind this also prejudice? Or is it purely a political strategy of the government to discredit and kill off this peoples' movement that refuses to die until their grievances are considered and dealt with... (Yes, the PM and the BN government has yet to make a response to the all of HINDRAF's demands. Maybe we should have a public debate between Uthayakumar and the PM (or maybe DPM) just like the one that we had between Shabery Cheek and Anwar)

It is time the PM and the BN government deal with the ISSUES rather that spending so much effort trying to discredit the leaders and the movement that has raised these issues...

The declaration of HINDRAF as being unlawful was stupid...and should be immediately revoked. For so long as HINDRAF is unlawful - how can the PM or the government even initiate and have a dialogue with HINDRAF. Any reasonable person will know that like the arresting of the 5 leaders under ISA, this new move making HINDRAF unlawful will not at all settle the concerns...

Forgetting BN, Pakatan Rakyat should maybe respond to that 18 concerns raised by HINDRAF - and mind you many of this concerns could also be dealt with at the State levels.

Pakatan also avoids responding to HINDRAF's 18 concerns - choosing only to focus on 'the release ISA detainee issue', and the 'do not make HINDRAF illegal issue'...and slogans like 'Makkal Sakti'...






Saturday, October 18, 2008

Equality in BN - MCA says that there is no such thing

So, is there a BN coalition with each and every being not just equal BUT also equally respected..

“Umno is seen as a party which is far more dominant than other component
parties,” said Ong, adding that BN leaders must rectify the situation and allow
component parties to participate in making important decisions.

“It shouldn’t look like as though Umno (is the sole) decider in important
policies while other parties are (merely) asked to defend (the policies) to
uphold the BN spirit.

“The power sharing slogan is often used and (but) it is deemed lip
service,” he added. Ong said this in his policy speech at the 55th MCA annual
general assembly which was attended by Prime Minister Abdullah Ahmad Badawi and his deputy Najib Abdul Razak. - Malaysiakini, 18/10/2008 - ...
but MCA says Umno dominates BN

Thursday, October 16, 2008

Priciples, Values, Morality - Irrelevant when chosing next UMNO President...

Just look at what is happening with regard the UMNO Divisional nominations whereby Mohd Najib Razak has to date have had all the nominations made for the post of President of UMNO - No one else have received a single nomination for the post of President.

Scandals and allegation relating to his involvement with now-deceased Mongolian national Altantuya Shaariibuu, and allegations of corruption just have no effect in the manner in which the UMNO Division nominations have been coming in...

Tengku Razaleigh Hamzah has to date got no nominations yet. Would he get more than the i he got the last time? I wonder.

Nominations for Deputy Prime Minister Najib Abdul Razak for the post of Umno president continued to nudge up despite the cloud of scandal hanging over him.

MCPX
The 55-year-old received the thumbs-up from Tuaran division in Sabah, raising his tally of nomination to 29. - Malaysiakini, 15/10/2008 - Najib nominations rise despite allegations
Well for persons at the Division levels, the only concern is not to get into the bad books of who will ultimately be the President (and maybe even the Prime Minister if Pakatan Rakyat do not take over before that...) - because if not, there may be implications. The amount financial benefits and economic perks that will flow from the top to the 'loyal' ones' may be different from the 'dis-loyal ones'...mmm

Principles and values are of little or no importance.

Now that he has got 29, all others will most likely follow the flow... (Safe for a few, no Division will be brave enough to stand against the flow...)

Now if Tengku Razaleigh had 29 in the first week, then Ku Li would most likely get the rest of the nominations..

If Ku Li had got at least 10 in the 1st weekend, then we may be looking towards a contest come March 2009 for the post of President - we would have seen greater democracy in UMNO.

But, as it is, the reasons that is of concern to Division leaders -- is money, contract, tenders, economic well-being and posssibly their own personal political survival.

In my opinion, the problem that plagues UMNO and some of the other BN component party members is its own 'new members' who have joined since the last 30 years or more. This problem has become compounded also by reason that the UMNO led- BN has been in power for far too long - 50 over years.

'Why did you join UMNO?', one may ask. Many did, I believe, because they wanted to get 'contracts' and goodies that joining the party would bring them especially if they managed to became leaders at branches...leaders at Divisions...leaders.... The drive to become leaders is many a times not because of better ideas or a different agenda or a better program -- but because it will bring me more WEALTH and power for the ME...how sad.

The earlier members of UMNO, MCA, MIC...may have joined because of what the party stood for - the objects, the values, the principles, the struggle...but the many of the later ones joined for the benefits that they hoped to reap...

As such, if the Pakatan Rakyat takes over Federal Government, many of these members of BN component parties will hop over not because they believe in the struggles and ideology of PAS, DAP and PKR --- but because that is where the new goodies will be coming from.

Many BN members in the states that have been taken over by the Pakatan Rakyat has suddenly found their taps of wealth start to run dry...and their powers and influences just fading away. How long can they survive? Will they stay true until the next general elections ...or will they like ants just move to where the sugar is.

Semangat 46 just could not take the hardship of 'dry taps' - and as such they went back and joined UMNO. I recall the day when Tengku Razaleigh Hamzah (Ku Li) was the icon - the 'leader' of the Opposition and civil society - the hope for a change....just like Anwar Ibrahim in 1998 onwards...

And like Semangat 46, I believe many of the ex-UMNO who were in PKR have also started moving back to UMNO - and the main reason is that they cannot live with 'dry taps'. If the Pakatan Rakyat did not do as well as it did in GE2008, in capturing 5 states, I am sure that many more of these ex-UMNO, ex-MCA and ex-MIC types would just slowly got back to the parties of BN where the pipes are flowing with milk and honey...

So, it is not values or principles that is causing Mohd Najib Razak to get all the nominations for Presidency - but the concern about money matters, the being in the winning camp, political survival ...that seems to be the nature of UMNO members sitting and voting at the Division levels.

If not so, then with all them allegations of possible involvement in murder and corruption floating around about Najib, many would have preferred just some other person to the the head of beloved UMNO...

Can we really expect any better from UMNO members...?

Today members of PKR, DAP and PAS will say that they are not like that...BUT beware theyu may be one day, if they are not careful, since these parties are already government in 5 states - and may soon even be the new Federal Government...

It may be good for UMNO and the other BN parties to be in Opposition for a few years - it may be good for the party. It can be a time to weed out those 'parasites' that are only there for so long they can get their 'monies', their projects, etc....It can be a time to re-evaluate and re-develop objectives, mission, principles....

We shall see how the UMNO nominations proceeds for the next 3 weeks or so...which will confirm the general nature and characteristic of the UMNO member...





Wednesday, October 15, 2008

BN government failed Malaysian Diabetics and their families..

Healthcare must be a priority of the Malaysian government, and it is shocking that the BN government has failed miserably to ensure that there sufficient dialysis centres in Malaysia..

Diabetes patients and their families must be really concerned about this..

The Minister revealed that:-

a) There are 17,367 kidney patients diagnosed with end-stage failure who need dialysis treatment...

Government has 132 dialysis centres with 1,836 machines and can only provide dialysis treatment to 5,000 patients.

Non-Governmental Organisations have 186 centres with 1,787 machines to provide dialysis treatment to 6,000 patients.

Therefore, we have necessary facilities and equipment to look after 11,000 only - when there are now 17,367 patients who need this dialysis treatment. The number will be increasing.

This is a priority - the government must do something. (Unfortunately the news report did not indicate how the government plans to overcome this serious lack of dialysis machines and centres - that certainly will be causing death to a lot of persons sooner than later.


The 132 dialysis centres under the Health Ministry are insufficient for 17,367 kidney patients diagnosed with end-stage failure who need to go for dialysis treatment, said deputy minister Datuk Dr Abdul Latiff Ahmad.

Replying to Liang Teck Meng (BN - Simpang Renggam) in Parliament, Dr Abdul Latiff said the 132 dialysis centres comprising 1,836 machines can only provide dialysis treatment to 5,000 patients.

Dr Abdul Latiff said the Government works with non-governmental organisations like the Lions Club, Rotary Club and others, as well as the private sector which has a total of 186 centres with 1,787 machines to provide dialysis treatment to 6,000 patients. - Star, 15/10/2008, Parliament: Not enough dialysis centres

Obviously the BN government is not so bothered about diabetic patients and their families..

Wonder whether the Pakatan Rakyat state governments will do something to help deal with this problem. State government can also set up some dialysis centres. I await the announcement from Pakatan Rakyat state governments....and also the BN state governments..

Tuesday, October 14, 2008

Najib says no abuse of power to be seen in the SMS communications - Star

Well Mohd Najib Razak has, I believe, admitted that the SMS communication was his - and has gone further to say that there was no abuse of power..we shall see...we shall see...

Malaysia Today recently published the SMSes, alleging that Najib abused his power and interfered in the investigation into the murder of Mongolian Altantuya Shaariibuu.

When reporters kept pressing him to elaborate, Najib said: “Why should there be a major concern? If it is of public interest, read it very carefully, there is no abuse of power. Period.” - Star, 14/10/2008 - No abuse of power, says Najib

The said text messages are to be found in a posting entitled 'Abuse of Power By The Deputy Prime Minister' in Malaysia Today.

Well, some are wanting that there be an investigation not just on that text-messages but on many other matters as well...

Opposition Leader Anwar Ibrahim has called for a probe on Deputy Prime Minister Najib Abdul Razak for allegedly abusing his power in relation to the Altantuya Shaariibuu murder case.

Anwar’s call came in the wake of an alleged exchange of text-messages, purportedly between Najib and senior lawyer Muhammad Shafee Abdullah over the alleged involvement of political analyst Abdul Razak Baginda in the case.

anwar ibrahim parliament pc on budget and najib 131008 04
“Our allegations against Najib - from the murder of Altantuya, the submarines and Eurocopter (purchase deal) to the SMSes exchanged between him and the lawyer - there is no response, no investigation and no report,” said Anwar, when met in the Parliament lobby today.“So you find there is a case where a public figure wants to be shielded from any investigation.”

Anwar, also the Permatang Pauh MP, said the latest development will affect the government’s credibility.

He called for open investigation to uncover the truth, saying: “How can we accept a leader who is not prepared to defend himself? (But) I am not suggesting anything except for an open investigation.” - Malaysiakini, 14/10/2008 - 'Investigate Najib over text-messages'
For once, I hope that the necessary authorities will act once and for all and investigate these numerous allegations against Mohd Najib Razak (most likely our next UMNO President)...

It seems that many are going out of the way to protect and shield him...WHY?

We cannot leave this hanging...or swept under the carpet...

I am wondering HOW they managed to get that SMS communications of Mohd Najib... (Does that mean all our own SMS communication can also be intercepted and read by others..)

Anyway, for those who have read the SMS communication - what do you think? Do you agree with Najib that there was no abuse of power?

Once in a while - a 'show piece' to show that something being done to fiight corruption...

From time to time, we hear that some action has been taken as Corruption...but surely this is not enough...

If the government seriously intends to fight corruption - then there must be an independent body to fight corruption set up in the country - who is only concerned with the fighting of Corruption.. and the Hong Kong Independent Commission Against Corruption (ICAC) is a good model to follow. No use just getting a Anti-Corruption Commission which is toothless, and not independent.

Now, I believe, from time to time a few get arrested and charged for corruption - BUT this is all but 'show-pieces' lest the public are unhappy about the efforts of the government and ACA in fighting corruption. Of course, a few of these get highlighted in the media. One wonders what happens to the BIG boys - they never do get caught, tried and found guilty - do they now? Was Mohd Najib Razak ever investigated with regard allegations about some 'submarine deal'? If no, why not?
A police sergeant who has been in the force for more than 27 years was yesterday sentenced to one year's jail and fined RM25,000 for corruption.

Sessions Court judge Nurmala Salim found Sergeant Abd Aziz Saad, 46, guilty of soliciting RM5,000 from Yap Kian Vun, manager of a direct-selling company, at the Seri Kembangan Petaling Jaya South police district at 5.30pm on July 15, 2003.

The money was an inducement to release four of Yap's employees who were detained for cheating.

Aziz, who was then an assistant investigating officer, was in charge of the case. - The New Straits Times, 14/10/2008 - Cop who sought bribe gets jail, fine

Monday, October 13, 2008

BN withdraws petition BUT Zulkifli Nordin should resign as a matter of principle...

PKR's Zulkifli Nordin is to remain as the member of parliament for Kulim-Bandar Baru, because the Election Petititon was withdrawn.

My concern is WHY did the Barisan MP withdraw the petition?

Remember, it was literally a 'sure win' petition - which would mean another by-elections.

Earlier, even Anwar was contemplating running for this seat - but of course, there was a realisation that the court and/or the judge could just delay and delay and never make a decision...

The next concern that I have, is if it is true that if the fact that "that someone did not submit his 'statement of expenditure' for the past elections'" OR some other fact arises later that would in fact disqualify a person from standing in the first place, would it mean that he would be so disqualified ONLY if there is an Election Petition (filed within the stipulated time), which the petitioner wants to proceed right to the end?

Should the Petitioner be given so much power? {Dangerous - because a little money, etc or pressure maybe all that is required to get rid of an Election Petition in the future...an enable an otherwise disqualified MP/ADUN to continue as wakil rakyat]

I believe that if one was was disqualified from standing for an elections in the very first place (or later) for some reason or another, which comes to light at ANYTIME, then action should be taken against the said MP and/or ADUN with a view of removing him as the wakil rakyat.

It is the same as when you do commit an offence contrary to the laws of the land - it matters not whether the initial complainant or the victim wants to pursue with it or not. The State is not bothered and will act against the person who broke the law.

Should we also not have the same thing for the Election Law?

Let us discuss this matter without considering whether it is a BN or PR MP/ADUN that is affected...

The Alor Star High Court this morning struck out the Kulim-Bandar Baru election petition which from the very beginning looked very favourable to the petitioner Barisan Nasional.

MCPX

A sudden decision by the BN to withdraw its petition today resulted in the court to strike out the matter.

With this, PKR's Zulkifli Nordin is set to remain the member of parliament for the constituency.

BN seemingly had a strong case to win this petition which it filed on the grounds that Zulkifli had failed to submit his statement of expenditure from his 2004 general election campaign.

Under the Election Act, candidates who do not submit their statement of expenditure to the Election Commission can be disqualified from contesting in future elections. - Malaysiakini, 13/10/2008 - Court dismisses Kulim petition, Zul keeps seat

Now, it seems that one of the reason was that BN did not want another by-election..

Meanwhile, when contacted Abdul Aziz said he decided to withdraw the petition to "concentrate on the ongoing economy matters".

"A by-election would consume much energy. Also, one more seat would not mean much (for the BN)," he said.

He added that the decision to withdraw the petition was made a few days ago following a discussion with Kedah Umno and BN leaders."I am willing to sacrifice my right to challenge Zulkifli so that the people and the government can work together to stabilise the country's political, economic and unity situation, which are in critical condition right now," he said.- Malaysiakini, 13/10/2008 - Court dismisses Kulim petition, Zul keeps seat

BN decided to withdraw the Election Petition...

I believe that the Pakatan Rakyat must now sit down and decide whether Zulkifli Nordin should resign or not.

If reasonably, the petition would have succeeded by reason of tha facts and the law (as it is) - then the only right and honourable thing to do is for Zulkifli Nordin to resign...and we will have a by-elections, which I am sure that the Pakatan Rakyat will again win.

This is a matter of honour and principles...

Sunday, October 12, 2008

Azalina may have to get New Billboards if there is a new PM...

Datuk Seri Azalina Othman Said must be seriously thinking about her new 'tourism billboards' - after all, come March 2009 all those large tourism billborads that has Abdullah Ahmad Badawi, Mohd Najib Razak and of course, Azalina Othman herself may have to changed to potray the the new PM, new DPM and herself if she is still the Tourism Minister.

She is already taking steps to get into the potential winners of the PM-DPM race ...
Datuk Seri Azalina Othman Said today said that the combination of Deputy Prime Minister Datuk Seri Mohd Najib Tun Razak and International Trade and Industries Minister Tan Sri Muhyiddin Mohd Yassin would be the best for the country's leadership.

The former Puteri Umno chief and presently a member of Umno's Supreme Council, also said that the combination was proven as both leaders had worked together under both the leadership of former Prime Minister Tun Dr Mahathir Mohammad and Prime Minister Datuk Seri Abdullah Ahmad Badawi.

"Tan Sri Muhyiddin did say he can work with Datuk Seri Mohd Najib and I'm sure that Najib can also work with Muhyiddin. This shows that they are a good combination," she said after launching the Student Tourism Programme in Felda Semenchu, here today. - Bernama, 12/10/2008 - Najib- Muhyiddin Combination Good For The Country, Says Azalina
A friend of mine was wondering why Abdullah Ahmad Badawi's wife was not on those Billborads...only Najib's wife. Of course, when I looked closer, I noted that is was not Najib's wife but our new tourism Minister.

I think it is not right to put the Minister's own photo, or the picture of the PM and DPM. In tourism posters and Billboards place pictures of ordinary Malaysians (Make sure that it depicts the multi-ethnic, multi-religious and multi-cultural aspects of the malaysian people as it was done previously...)

I believe that Azalina is not the only Minister using her position to do a bit of self-promotion. If not mistaken, I also saw our Agricultural Minister's image on one Billboard as well...Muhyiddin Mohd Yassin, if not mistaken.

Well, Kit Siang did raise this matter in August 2008...

Tourism Minister Datuk Azalina Othman Said and her deputy Datuk Seri Sulaiman Abdul Rahman Abdul Taib came under heavy fire from Ipoh Timur MP Lim Kit Siang for being absent during question time in parliament yesterday.

The DAP leader became infuriated when the two were not present to answer his question on the cost of putting up tourism promotion billboards along the North-South Highway.

Lim had also asked the rationale for having images of Prime Minister Datuk Seri Abdullah Ahmad Badawi, Deputy Prime Minister Datuk Seri Najib Razak and Azalina on the billboards.

"Is there any scientific study on how these images can help promote tourism?" he asked in a question for oral reply...."What is the point of having their pictures (on the billboards)? This will not invite tourists but chase them away," he said.

...Eventually a copy of the answer prepared by the Tourism Minister was handed to Abdul Latiff and he read it out, saying that the ministry had placed 38 billboards along the highway through Tourism Malaysia.

"The billboards were placed at strategic locations along the highway at a rental cost of RM750,793.31 for the period of June to December 2008."- The Edge Daily, 22-08-2008: Kit Siang lambasts absent tourism minister, deputy

Next week Azalina may be the Finance Minister No. 3 - and we will have a new Tourism Minister --- will this mean new Billboards?

That is why what Azalina did must be condemned...

Were those billboards put up to get and remain in the good books of the PM-DPM? Was it to help ensure she remains Tourism Minister? Was it purely self promotion? Or was it an indication that after Najib - Azalina will be the next PM....mmm

HINDRAF is being discriminated...and 'demonized' - WHY?

At the Prime Minister's ( don't know who paid for it) Hari Raya open house, there were 2 groups of persons that carried out protest actions - one the group of Bloggers and their supporters, and the other was the group associated with HINDRAF...

But why are we only hearing all these media reports against HINDRAF supporters only but not the Blogger group..

Just yesterday, there was also something on Astro Awani trying to draw parallels between the PAD protests/demonstration that is going on in Thailand and our HINDRAF here... why? Is it an indication of something to come....
The government will take action against the Hindu Rights Action Force (Hindraf) under the Societies Act 1966 for causing a disturbance during the Hari Raya function hosted by the prime minister and Muslim ministers in Kuala Lumpur last Wednesday.

Deputy Home Minister Datuk Wan Ahmad Farid Wan Salleh said action would be taken soon against Hindraf, its committee and its members even though the organisation was not registered.

"Action will be taken. We have many alternatives.

"Under the act, whether the organisation is legal or not, it is still an organisation.

"If it is not legal, action will be taken based on the provisions for an illegal organisation.

"When it comes to the law, there must be no delay. What is clear is that those who break the law must face action," he said. - The New Straits Times, 10/10/2008, Action against Hindraf
But then is not HINDRAF a movement of the people - not an organisation or a society. HINDRAF of 2007-2008 is akin to the REFORMASI peoples' movement of 1998.

'It is just a small group of persons, not reflective of the majority'...but then this is Malaysia, and the numbers that come out in public are just the tip of the iceberg.

To get about 200 over persons to wear orange T-shirts and go to the open house of the Prime Minister of Malaysia indicates that this is not just a 'small group of trouble-makers'.

I recently heard that at the recent candle light vigil - there were about 4,000, most of whom were HINDRAF.

The 2007 November protest saw about 20,000 to 30,000 take part...

As such, the 'tip' is quite big - and this must indeed be a very large iceberg - and the results of GE2008 is also indicative...

About 30,000 protesters demonstrated under the shadows of Kuala Lumpur’s iconic Twin Towers after their efforts to petition the British High Commission was thwarted by the police with tear gas and chemical-laced water cannon.

MCPX

The protesters had attempted to gather outside the high commission early this morning but thousands were pushed back by the riot police to outside a two-kilometre radius of the venue.

Crowds quickly grew at various points in the city, and were blocked by police and Federal Reserve Unit officers.

At its height, there is an estimated 30,000 people scattered over a number of areas in the vicinty of the high commission. - Malaysiakini, 25/11/2007 - 30,000 Hindraf protesters rally in KL streets


Their leaders Uthayakumar and lot were arrested December 2007 - and this is October 2008 and 'HINDRAF' or 'Makkal Sakti' movement is still very much alive ...

So why is the the Barisan Nasional-led federal government out to 'demonise' this group. Some say it is pay-back time. Some say it is just an attempt to distract from the other problems being faced internally by UMNO and the BN.
In the eyes of critics, the latest threat to ban the Hindu Rights Action Force (Hindraf), the group credited for the Indian awakening in the country, is the latest move by the Barisan Nasional-led federal government to 'demonise' the group.

According to them, the BN may have kick-started a contorted campaign to smear the movement, which may ultimately lead to a ban.

samy velluMany regard Home Minister Syed Hamid Albar, MIC president S Samy Vellu (right) and Utusan Malaysia as the driving forces behind this murky campaign to paint the human rights group as an unruly, ill-mannered and impolite body.

Thus, understandably, the government had to get even with Hindraf, which has been largely blamed for shifting Indian votes en bloc from BN to the opposition in the March general election, they said.

Hindraf inspired Makkal Sakti or people power has stung the government into realising the importance of minority Indian votes for its electoral survival. It has also woken up the community from a deep slumber and state of denial.

The majority of Indians in the country had for a long time believed that only the MIC and BN could look after their interests, a syndrome perpetuated and constantly highlighted by media campaigns and stereotypical image-building.

Hindraf's emergence awoke the community, eliminated the 'BN is best' myth and instilled anger and frustration in Indians, who now blame the government for 51 years of betrayal, mistrust and marginalisation. - Malaysiakini, 12/10/2008 - Is banning Hindraf the solution?
The government should be dealing with the concerns of HINDRAF - and allegedly there are 18 demands. I surfed the net, and this is what I found. I am not sure that this is the said 18 demands...
And now it is hereby demanded for and on behalf of the two (2) Million ethnic minority Indians in Malaysia from the UMNO controlled Malaysian Government their 18 point demands as follows: -

(1) End 50 years of violations of the Malaysian Federal Constitution.

(2) End Racism, end Islamic extremism and end Malay privileges on the 50th year golden jubilee mega Independence celebrations of Malaysia on 31st August 2007.

(3) Call for affirmative action plans for all poor Malaysians especially the ethnic minority Indians. A Protection of Ethnic Minority Malaysian Indian Act 2007 be passed to secure and safeguard the interests of the poor and defenceless ethnic Indian Minority Community.

(4) All 523 Tamil Schools in Malaysia be made fully aided government schools with immediate effect and to have equal and same facilities as granted to national schools especially in terms of financial allocations, sufficient graduate teaching staff, financial allocation for extra tuition, ample computers, Information Technology facilities, school fields, sports, recreational facilities, air conditioned library, textbook loans, kindergarden, school uniforms and pocket money for poor pupils, nutritional food programmes, teaching aids, school building, infrastructure, film screening room and facilities, financial assistance for poor students, rehabilitation classes, non Muslim religious classes, etc. A RM 100 Billion grant @ 20 Billion per year with effect from 2007 be allocated to Indians under the 9th Malaysia Plan (5 years) for refurbishing the existing 523 Tamil schools and rebuilding of the 300 Tamil schools demolished over the last 50 years.

(5) Extend and implement with immediate effect to Indians the affirmative action plans, grants, scholarships, loans etc as extended to Malay Muslim citizens with the view to providing equal opportunities for higher education, university education, admission to foreign universities, post graduate studies locally and overseas, Trade and Skills Training Institutions, Science Colleges especially for each and every Indian student from the 70% poor and hardcore poor Indian category.

(6) Extend and implement with immediate effect affirmative action plans as extended to Malay Muslim citizens with the view to provide equal opportunities in acquiring wealth, venturing into business, trade, industries, medium and small scale industries, government linked companies, corporate sector, procurement of direct government contracts, in acquiring licenses for contractors, blue chip and / or guaranteed return shares, lorry, taxi and bus permits, loans and licenses to venture into trade, business banking and the corporate sector for each and every Indian from especially the 70% poor and
hardcore poor Indian category. To this effect the UMNO controlled government allocates RM100 Billion at RM20 Billion per annum with effect from 2007 and implements successful strategic schemes in investments for the Indians as implemented for the Malay Muslims with the view to the Indians acquiring at least 10% of the nation’s equity.

(7) All the aforesaid is to be handled directly by the UMNO controlled government and UMNO is to stop “playing politics” through the “Mandore” (supervisor) system by dishing out on a piecemeal and/or peanuts basis or merely public and/or newspaper announcements and declarations by the Malaysian Indian Congress ( M.I.C) who have no or very little power or say in the UMNO controlled Malaysian government.

(8) 20% of the Government top most level postings (Secretaries Generals), Middle level Management (Directors) and management level (Managers) postings, and the same for the Private Sectors, and positions of District Officers; Foreign and Diplomatic Service positions, civil service positions are reserved for Indians for the next 15 years.

(9) The UMNO controlled government makes public and is transparent on all of the aforesaid affirmative action plans i.e. the aforesaid education places, licenses, scholarships, grants, loans, permits, licenses, opportunities etc by publishing the same in the official website of the Government of Malaysia as and when the same is granted and/or on a monthly basis specifying the Indian beneficiaries thereto.

(10) Stop the indiscriminate unconstitutional and unlawful demolitions of Hindu temples, crematoriums and burial sites in
Malaysia. All existing Hindu temples, crematoriums and burial sites be granted state land and permanently gazetted as Hindu temple reserves as has been done for all Islamic places of worship and burial sites. Compensation at RM10 Million per temple be paid by the UMNO controlled Malaysian Government for the 15,000 Hindu temples demolished up to date over the last 50 years.

Every individual given the Right to practice and profess Religion/s of his/her choice in accordance to Standards adopted by the Universal Declaration of Human Rights 1948. The State and its Authorities barred from interfering in the personal beliefs and conscience of individual citizens . Disputes between Muslims & Non Muslims should be adjudicated in the Civil Courts.

(11) Stop the victimization and direct discrimination by the Police and all other state authorities of the Indians. All Malaysians earning RM 3,000.00 and below are to be fully borne by state funded legal aid for any criminal charges they face.

(12) The UMNO controlled government forms with immediate effect a Royal Commission of Inquiry into the Kg Medan Mini Genocide, condemns the violence thereto, apologises to the Indian community on this mini genocide, undertakes not to repeat the same in future and pay a compensation of RM1,000, 000.00 for each and every citizen killed, permanently maimed, maimed or injured in this tragedy.

(13) Each and every Indian especially the Indian poor in the aforesaid 70% Indian poor and hardcore poor category is paid compensation which is to be adjudicated and determined by the United Nations Secretary General for the aforesaid 50 years of Constitutional violations by the UMNO controlled government.

(14) and not low cost flats by law. All homeless Malaysians are to be provided affordable homesA minimum wage of RM1,000.00 for each and every Malaysian be made law.

(15) A Royal Commission of Inquiry is initiated to report on the aforesaid constitutional violations by the UMNO controlled government and appropriate recommendations for amongst others further affirmative action plans for especially the 70% Indian poor and hardcore poor category.

(16) All forms of racial and religious discrimination, oppression and suppression of the Indians / Hindus in both the public and private sectors are stopped with immediate effect and a Race Relations Commission Act 2007, an Equal Opportunities Commission Act 2007 and a Freedom of Religion Commissions Act 2007 be passed and powerful Commission thereto be put into force to give effect to anti racism, anti Islamic extremism and anti direct discrimination practices by the UMNO controlled government in both the public and private sectors.

(17) The UMNO controlled government passes specific laws to give effect to the Independence of the Judiciary, the Attorney General’s Chambers, Civil service, Police Force, Army, the Malaysian Human Rights Commission and the Malaysian media and for the Opposition parties, NGOs’ Civil Society groups, Bar Council and the media not to discriminate and side step Indian issues but instead to voice out the same without fear or favour. The Malaysian media is also to be legislated to report the real happenings especially on the 70% Indian poor and hardcore poor without fear or favour.

(18) A minimum of 20 Opposition members of Parliament are elected exclusively by the Indian Community to represent their interest at the highest political level and also as a Parliamentary Democracy check and balance and the same is safeguarded and entrenched into the Federal Constitution and which is to be increased proportionately with the increase in Parliamentary seats.

If this is not the 18 demands - please leave a comment and indicate where one can find the 18 point demand of HINDRAF..

Will the banning of HINDRAF - the arrest of those who are allegedly leaders, etc stifle this peoples' movement - I doubt it.

Malaysian government must go read the Indian struggle for Independence...Mahatma Gandhi..etc...and it will be noted that Indians (even in Malaysia) do have a history of struggling for a long long time for something that they believe is right and just...Makkal Sakti...People Power and Kuasa Rakyat is here now to stay...

MIC - today only holds on to the name 'Indian Congress' but clearly it has lost that sense of struggle. They are clowns and the PM certainly have little or no respect for the MIC, and that is why its calls for the release of Uthayakumar and the other HINDRAF alleged leaders have not even received a response... The rejection of MIC as the representative and leaders of the Malaysian Indian was clear by the defeat of Samy Velu(once though undefeatable) in the last general elections...

Malaysian PM and government are not fools - and as such the 'attack' on HINDRAF is worrying... Is it more than what it is?

Losing respect for the Datuk, Datuk Seri,...

A friend once said to me that whenever he comes across a Datuk or a person with a title, the first question that runs through his mind is how much did he have to pay for the title.

In the past Datukship and any titles were given to persons who had really served the community, who has been long involved in social work, etc... but today it is handed out to anyone, so much so if you were to take a stone and randomly throw at a Barisan function especially, then you have a high chance of hitting one of these "Datuks".

Another friend from UMNO complianed that when he goes out with his friends, he feels very small because everyone is a Datuk, and he has yet to get his Datukship yet. My respond was that he should count himself luckpy because 'your name still matter' - everyone else would be called Datuk ...but you will still be called by your name.

Some people demonstrate a lack of self confidence - and need so much a Datuk, Tun, Datuk Seri...even insist that friends and people call them now by their title or "YB"...so sad. Little respect for the name your parents gave you...

Ahmad bin Musa - now suddenly becomes Ahmad bin Datuk Musa... Wonder whether there really was a change made to the NRIC or Passport.

Now, we are handing over Datuks to foreign movie star - Shah Rukh Khan..and guess what? He never even showed the respect and courtesy to turn up and receive his award. That is how much Sharukh Khan thinks about that 'Datukship'

What next?

The conferment of Datukship on Bollywood heartthrob Shah Rukh Khan has stirred up a controversy. Politicians, professionals and the man on the street are hotly questioning the wisdom of the move.

Some commented that the actor did not deserve the award as “he hardly knows where Malacca is” and asked whether he had promoted Malacca in his songs and movies.

SMSes received by The Star also hit out at the move, saying such awards should be given to local artistes.

Bollywood Datuk: Shah Rukh Khan is the first movie star from India to be conferred a Datukship.

Chief Minister Datuk Seri Mohd Ali Rustam said the decision to confer the title on the actor was suggested to Yang di-Pertua Negri Tun Mohd Khalil Yaakob by former Finance Minister Tun Daim Zainuddin recently.

Daim said it was a means to promote Malacca and the actor had shot a movie scene here several years ago.

The movie One 2 ka 4 was shot at the A Famosa Resort in Alor Gajah in 2001.

“This resulted in many people visiting Malacca. The award was given in recognition of this,” Mohd Ali said after the investiture ceremony in conjunction with Khalil’s 70th birthday celebrations.

Shah Rukh Khan was given the Darjah Mulia Seri Melaka (DMSM) which carries the title Datuk.

Scores of fans gathered at the Dewan Seri where the investiture cere­­mony was held yesterday to catch a glimpse of the actor. He, however, did not attend the ceremony. - Star, 12/10/2008 - People just Khan believe it!

Saturday, October 11, 2008

No HIV tests - Muslims in Malaysia cannot marry from 2009 onwards..

Mandatory HIV testing before you can get married for Muslims in Malaysia...

It is so discriminatory..

People could be advised to do this test...and that test...etc... but never should it be made mandatory...

When a friend of mine wanted to do the HIV test, his doctor told him that maybe it is best that he does not do the test, more so if he is not in the high risk groups. The concern was the psychological effect on a person who knows that he is positive. There is really a difference between being HIV positive and suffering from AIDS.

Why stop at screening for HIV - maybe there is also a need to disclose medical history of family, especially them genetically transmitted diseases...

I believe this new ruling is an infringement of privacy and should be immediately be revoked. It should never be a MUST...

Pre-marital HIV tests for Muslims

The Star , Tuesday Oct 7 , 2008

STARTING next year Muslims planning to get married must undergo HIV tests.

Islamic Development Department (Jakim) director-general Datuk Wan Mohamad Sheikh Abdul Aziz said all state religious authorities agreed to implement and enforce the ruling in a meeting in July.

However, Wan Mohamad said those found to have been infected with the AIDS would still be allowed to continue with the marriage if both partners wanted to go ahead.

"The couples will not be stopped if they want to go through it. In fact, state religious authorities will play their role in assisting such couples by giving them counselling and advice on preventive measures, and on how to prepare themselves physically and mentally.

"The HIV test will be offered to Muslims free of charge," he told Berita Harian. - Workers Hub 4 Change

Head of the Judiciary after 18 October 2008 - Hopefully not Zaki Azmi

Tan Sri Zaki Tun Azmi - an UMNO man, a lawyer, was suddenly appointed to become a Federal Court Judge in September 2007...

Normally persons are first appointed High Court Judges, later maybe elevated to become a Court of Appeal judge, and maybe several years later elevated to become a Judge of the Federal Court...
Tan Sri Zaki Tun Azmi will today become the first lawyer to be appointed directly to the Federal Court. The only other lawyer to have bypassed the High Court in Malaysia was Justice Datuk Gopal Sri Ram - Star, 5/9/2008, Lawyer Zaki to be made Federal Court judge
And 3 months later, in December 2007, Zaki Azmi is appointed as the number 2 of the Malaysian Judiciary - the President of the Court of Appeal...

Only 3 months experience as a Judge - and he is made No. 2 of the Malaysian Judiciary ...Not at all good.

Federal Court judge Tan Sri Zaki Tun Azmi will take over from Abdul Hamid as Court of Appeal president

Datuk Seri Abdullah Ahmad Badawi, who made the announcement in a statement yesterday, said both appointments had been consented to by the Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin upon his advice after consultation with the Conference of Rulers. - Star, 6/12/2007 -Abdul Hamid confirmed as CJ


Minister in the Prime Minister’s Department Datuk Seri Nazri Abd Aziz also said there was nothing wrong with his quick move upwards.

“There is no law against fast track appointments nor is it unconstitutional,” he said at the Parliament lobby yesterday.

Zaki’s appointment was announced by the Prime Minister on Wednesday.

He takes over from Datuk Abdul Hamid Mohamad who has been appointed the country’s new Chief Justice following the retirement of Tun Ahmad Fairuz Sheikh Abdul Halim on Oct 3.

He was earlier appointed Federal Court Judge in September.

Nazri said, as a lawyer, Zaki was invited to sit in the disciplinary panel of Umno because he was a lawyer with integrity.

...On Zaki's appointment, Karpal, who is DAP national chairman and a veteran lawyer, said it created a bit of apprehension among lawyers, given his political ties.

PAS Youth Chief Salahuddin Ayub expressed surprise over Zaki’s appointment and said it should have been based on rank and file.- Star, 7/12/2007 - Zaki’s rise explained

Abdul Hamid retires from the topmost judicial post in eight days’ on Oct. 18 , 2008 - and the question is who will be appointed to be the next Head of the Judiciary.

I certainly hope that it would not be Zaki Azmi .

Zaki Azmi may be a good person, but his past close association with UMNO and his unprecedented appointment from lawyer to Federal Court Judge in September, his appointment to No. 2 of of the Malaysian Judiciary in December 2007...would not be good for public perception if we want to maintain and/or restore public perception that we do indeed have an independent judiciary in Malaysia...

The Malaysian Bar does not openly come out and say that it do not want Zaki Azmi to be made the next head of the Malaysian Judiciary...but a recent statement by the Bar President indicates its concerns...(I say that they should have been very clear about their position about Zaki Azmi.) The Bar Statement is as follows:-

It is precisely to overcome any hint of subjectivity or collateral purpose in the appointment of Judges (including the Chief Justice) that the Bar Council and other organisations have pressed for the establishment of a Judicial Appointments Commission. That remains the step forward that the nation awaits.

In the absence of such a Commission, it is hoped that the applicable criteria which represent the acceptable norms in such an appointment will guide the selection process of the important position of the Chief Justice, which becomes vacant on 18th October 2008.

Seniority in terms of the position currently held is one criterion. Seniority in terms of the years of experience on the Bench is another important consideration. Other factors relate to ability and competence, which are often reflected in the quality and number of judgments written. Integrity, judicial temperament, and a demonstration of independence are also vital qualities.

It must not be forgotten that it is the Chief Justice who sets the tone in the Judiciary and guides its direction. He heads the third branch of Government, and hence a critical national institution. He must therefore enjoy the confidence of Malaysians, the consumers of the justice system.

It is also imperative that the Chief Justice be a person who is widely perceived to be above and independent of any political alliances or influences. This is all the more critical at this time when the nation faces many political challenges. When all else may seem to be in a state of flux and confusion, an independent Judiciary stands above the fray, giving the nation’s citizens a sense of security and stability that justice will continue to be administered in accordance with the rule of law, no matter what the circumstances.

In the appointment of the Chief Justice, the constitutional process of consultation with the Conference of Rulers is critical. It draws on the wealth of the Rulers’ wisdom and experience and raises the process above partisan politics. In short, it provides an essential check and balance in the appointments and promotions of judges.

Dato’ Ambiga Sreenevasan
President
Malaysian Bar

9 October 2008

[Malaysian Bar Press Release]


Zaki Azmi has only got about 13 months experience as a Judge (he was appointed in September 2007).

Zaki Azmi's past very close relationship with UMNO also makes him not a 'person who is widely perceived to be above and independent of any political alliances or influences.'


Lim Kit Siang also is very concerned when he also stated that if Zaki Azmi gets appointed then we may have yet another '...new judicial scandal and crisis....'

Tan Sri Zaki Tun Azmi to the bench - firstly, the triple jump to become Federal Court judge in September last year without ever being High Court or Court of Appeal judge and then the quadruple jump three months later up the judicial hierarchy to become the Court of Appeal President.

Will Zaki make quintuple jump to be appointed Chief Justice of Malaysia after a year’s elevation to the bench when Abdul Hamid retires from the topmost judicial post in eight days’ on Oct. 18?

It is this possibility which holds the seeds of plunging the country into a new judicial scandal and crisis. Will this be the valedictory scandal of the Abdullah premiership? - Lim Kit Siang's Blog


Abdullah Ahmad Badawi plays the major role in determining who will be the Head of the Malaysian Judiciary...

122B. Appointment of judges of Federal Court, Court of Appeal and of High Courts.

(1) The Chief Justice of the Federal Court, the President of the Court of Appeal and the Chief Judges of the High Courts and (subject to Article 122c) the other judges of the Federal Court, of the Court of Appeal and of the High Courts shall be appointed by the Yang di-Pertuan Agong, acting on the advice of the Prime Minister, after consulting the Conference of Rulers. - Federal Constitution

And remember, unlike Abdul Hamid, Zaki Azmi would be only about 63 years old if appointed the No.1 of the Malaysian Judiciary - and it is a long time until his 66th Birthday (plus 6 months).

Abdul Hamid, 65, was made acting Chief Justice the day after Tun Ahmad Fairuz Sheikh Abdul Halim retired on Oct 3.

Zaki, 62, made history on Sept 5 by being the first lawyer to be appointed directly to the Federal Court. - Star, 6/12/2007- Abdul Hamid confirmed as CJ


125. Tenure of office and remuneration of judges of Federal Court.

(1) Subject to the provisions of Clauses (2) to (5), a judge of the Federal Court shall hold office until he attains the age of sixty-six years or such later time, not being later than six months after he attains that age, as the Yang di-Pertuan Agong may approve.- Federal Constitution

So, let us all focus and play a part in the process that will decide who with the Head of the Malaysian Judiciary after 18th October..

Remember that the Judiciary is one of the 3 branches of government in a democracy, the other 2 being the Executive (PM & Cabinet) and the Legislature (Parliament).

It is to the Judiciary that we go when we have matters against the government..the Minister, the PM - and as such, it is very important that the Judiciary, and certainly its Head, be independent....and also brave. ...i.e. willing to act without fear or favour in upholding justice..

It just not just a matter of fact that is important but also the question of perception - not just to be independent but also to be seen as being independent.

Outgoing Prime Minisiter Abdullah Ahmad Badawi, have to date not been very good in the choices that he has made.

We, the rakyat, need to speak up NOW and communicate our thoughts and views to the Prime Minister especially...and maybe also the Yang di-Pertuan Agong and the Conference of Rulers.

Who do Malaysians want to be the Head of the Judiciary after 18th October 2008?


Is Pakatan Rakyat for the Abolition of Death Penalty in Malaysia

10th October - World Anti-Death Penalty Day

Is PAKATAN RAKYAT, PKR, DAP, PAS, PSM, PRM...GERAKAN.. for the abolition of the Death Penalty in Malaysia?

Malaysia has not even publicly declared that it will at the very least comply with the moratorium as per United Nations General Assembly Resolution

On 18th December 2008 On 18th December 2007, the United Nations General Assembly 'calling for a moratorium on executions to be established in all States that still maintain the death penalty'
passed a resolution

The resolution calling for “a moratorium on the death penalty”, was passed by a vote of 104 in favour to 54 against, with 29 abstentions. (See annex VI.) It called on all States that still allowed capital punishment to “progressively restrict the use of the death penalty and reduce the number of offences for which it may be imposed”. Those countries were also called on to provide the Secretary-General with information on their use of capital punishment and to respect international standards that safeguard the rights of condemned inmates.

Also attached is the Malaysian Bar resolution...


RESOLUTION OF THE MALAYSIAN BAR FOR THE ABOLITION OF THE DEATH PENALTY

(which was adopted at the 60th AGM of the Malaysian Bar on 18/3/2006)

WHEREAS every human being has the inherent right to life;

WHEREAS Malaysia has hanged at least 358 persons between 1981 and 2005;

WHEREAS about 173 persons are on death row as at December 2005;

WHEREAS :

a) studies conducted throughout the world over the past seventy years have failed to find convincing evidence that capital punishment is a more effective deterrent of crime than long-term imprisonment;

b) studies conducted in Australia show that abolition of the death penalty had no effect on the homicide rate and in Canada there in fact was a sharp decline in the homicide rate after abolition;

c) in the United States over the past twenty years, states with the death penalty in general have had a higher homicide rate than states without the death penalty;

WHEREAS on the other hand the execution of human beings by the State gives an ‘example of barbarity’ to society and legitimizes the taking of human life;

WHEREAS Malaysia lacks safeguards that would ensure a fair trial such as the right to immediate access to a lawyer upon arrest, right to full disclosure of evidence in the possession of the police and prosecution, and has to the extreme prejudice of accused persons loaded a capital crime statute such as the Dangerous Drugs Act 1952 ( which generates the largest number of death sentences annually ) with presumptions of trafficking that compromise the presumption of innocence which is integral to any fair and just criminal justice system;

WHEREAS:

a) it is not possible in any system of human justice to prevent the horrifying possibility of the execution of innocent persons; and

b) the infliction of the death penalty makes wrongful convictions irreversible;

WHEREAS :

a) 122 countries have abolished the death penalty in law or practice as opposed to 74 countries which retain the death penalty;

b) An average of three countries have abolished the death penalty each year over the last decade;

c) the trend worldwide has been for the abolition of the death penalty;

WHEREAS the UN Commission on Human Rights Resolution 2005/59 passed in 2005 calls upon all states to abolish the death penalty and states that the abolition of the death penalty is essential for the protection of the right to life of every human being;

WHEREAS Article 1 of the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR) provides that ‘ No one within the jurisdiction of a State party to the present Optional Protocol shall be executed ’.

WHEREAS the death penalty has no place in any society which values human rights, justice and mercy;

NOW IT IS HEREBY RESOLVED that the Malaysian Bar calls for the:

1) Abolition of the death penalty in Malaysia;

2) An immediate moratorium on all executions pending abolition;

3) Commutation of the sentences of all persons currently on death row;

4) Ratification by Malaysia of the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR).

Proposers: N.Surendran , Charles Hector , Amer Hamzah Arshad, Sreekant Pillai

* the facts and statistics relied on here are from Professor Roger Hood’s The Death Penalty( A Worldwide Perspective) OUP 2002, Amnesty International and statistics released by the Government of Malaysia.

Wednesday, October 08, 2008

Prime Minister need not be UMNO President

The Prime Minister do not have to be the President of UMNO. He does not also have to be the Chairperson of Barisan Nasional.

Note that Presidents of some BN component parties have set precedence by not accepting a Cabinet position - to focue on the party. Maybe the next President of UMNO will also be focussing his attention in stregthening the weakened UMNO and BN.

Therefore, there is no need for Abdullah Badawi to resign as Prime Minister come March.

What he said today was that he has decided not to stand for the Presidency of UMNO. "It is with this in mind that I announce I will not stand for the Presidency of UMNO." But then, what is the UMNO Divisions still nominate him for President...will he re-consider?

Will you be stepping down as prime minister?

Well, at some point I have to hand over to my successor.

Who is your successor?

I hope it is Najib. Why do I say hope? Najib has to stand for Umno elections first. Once he wins the elections and becomes party president then we will discuss about it (the power transfer). - Malaysiakini, 8/10/2008 - Pak Lah: I hope Najib will be my successor

He never said that he will resign as Prime Minister in March 2009.

In his written statement, he only says 'My current term as President of UMNO ends in March next year. There are several initiatives I intend to see through before I leave office.' Can we say that by the word 'office', he was talking about the Premiership - I do not think so - I believe he meant the office of President of UMNO. In his carefully though off media statement, there really is no mention that he will be resigning as Prime Minister come March 2009.

He did not say that he will hand over the Prime Ministership to the next President of UMNO after the UMNO meeting in March 2009.

He said that he will hand over to his successor (that is all he said in his written statement).

Orally, he mentions Najib, and says god-willing in one instant, and in another he says 'I hope it is Najib. Why do I say hope? Najib has to stand for Umno elections first. Once he wins the elections and becomes party president then we will discuss about it (the power transfer).'

If and when Najib becomes party president, he will discuss it... [Really he never mentioned when he will resign as Prime Minister, did he now....]

Of course some of the news reports in RTM, TV3 and possible the print media may 'jump to conclusions' and say a lot of things...

Remember also that no one can compel Abdullah Ahmad Badawi to resign as Prime Minister - and when he does resign, then read my earlier posting - Golden Opportunity if Pak Lah Resigns - MPs can determine new PM - Anwar? Najib? Kit Siang? (Updated)

Consider carefully the words in the issued Media Statement of Abdullah Ahmad Badawi

1. I have been in public service for over 45 years. I have served this country as a civil servant, and as an elected representative of the people. I have served as a member of government and feel blessed to serve in the highest office in the land. I have seen this country grow from a small, poor nation into the modern, prosperous Malaysia that we live in today.

2. Despite our successful track record, for the past few years I have firmly believed that our nation is standing at an historic crossroads. We must reform some elements of our nation, we must evolve and mature, or we risk losing all that we have gained in over 50 years. Throughout this time of reform and transformation, we Malaysians need to be united now more than ever before.

3. In all my years of service, I have always been guided by my conscience. I have always placed the interests of the nation above all else. It is with this in mind that I announce I will not stand for the Presidency of UMNO. I do not want a divided party and governing coalition, but one that is united and harmonious. A united Barisan Nasional is vital in order for the country to face the global challenges ahead and for Malaysia to become a fully developed nation, with prosperity and fairness for all.

4. My current term as President of UMNO ends in March next year. There are several initiatives I intend to see through before I leave office. These initiatives are important because they are necessary to move our country forward. These initiatives are needed to regain our country's competitiveness. They are necessary to enable our nation and our society to face the challenges that the world has in store for us. I ask all Malaysians to unite and join me in working towards making Malaysia a better place.

5. First, our institutions need to be reformed and strengthened.

i) The judiciary needs to enhance its stature and credibility in the eyes of the public. Before I end my term, I will table a Parliamentary Bill to establish a Judicial Appointments Commission. Such a Commission will propose judicial appointments in a transparent and merit-based manner.

ii) We also need a strong and effective anti-corruption body that can combat the cancer of corruption without fear or favour. Before the end of the year, I will table a Parliamentary Bill to establish the Malaysian Anti-Corruption Commission, with greater powers of investigation and enforcement. The Commission's oversight structure has been modelled after the successful ICAC in Hong Kong.

iii) I also intend to complete the establishment of a Special Complaints Commission to enhance the integrity and effectiveness of enforcement agencies.

6. Second, I have long spoken about the need to ensure that the fruits of growth are more equitably distributed. In the recent Budget, I explained the government's commitment to strengthening and enlarging the Social Safety Net.

We will speed up work on this front to help poor and disadvantaged Malaysians, regardless of background, race or religion.

I will also work to ensure that tangible results can begin to be enjoyed in Iskandar, as well as the development corridor initiatives around the country.

7. Third, I would like to see the Government and Barisan renew their commitment towards building a united and harmonious nation.

Society has seen an alarming decline in inter-racial and inter-religious relations. Various issues have cropped up which threaten to tear the very fabric of Malaysian life.

We need to tackle these issues head-on, through dialogue; deal with the issues constructively and even-handedly; ensure greater clarity and certainty for the people; and focus on the points that unite us, rather than the points that divide us.

For this reason, I will convene a BN Convention early next year. This is a long-term effort that I hope to kick-start and continue to contribute towards.

I fully intend to see through my mission, and I am sure that my successor will carry on this agenda.

I want to hand over to my successor a Malaysia that is capable of weathering the challenges of a dangerous global economy, a Malaysia not of rich and poor, of young and old or of the city or the kampung (village), not of south and north, and not of one religion or another but of unity and harmony.

This is not the time for infighting and narrow politics but for greatness, unity and cooperation. - Malaysian Bar Website

It can also be found in Star Online. Malaysiakini has a title to the statement - but I believe the original did not have that title, i.e. 'Press statement by Prime Minister Abdullah Ahmad Badawi to announce his decision to step down next March.'

BN ver. 2.0 - is that where we may be moving towards with talks about 'Unity Government'?

We must also pay attention to what Ku Li has been saying in the media...recalling what happened after the 1969 General Elections, when the Alliance (UMNO-MCA-MIC) only managed to win 51% of the seats in Parliament, i.e. 74 out of 144 seats contested.

Then there was that May 13, Emergency Proclamation,....and then formation of a Coalition Government (sounds like this "Unity Government" that Tengku Razaleigh is talking about), and in the next General Elections in 1974, BN won 88% of the seats in Parliament (i.e. 135 out of 154 seats contested.) [see my earlier posting - http://charleshector.blogspot.com/2008/09/of-past-elections-historical-facts-in.html]

The Alliance political formula was widened to become a larger political cooperation under the Malay--non-Malay politics to the whole nation. This concept was spread with the formation of a Coalition Government at the Federal and State levels. This cooperation of various and multiple parties was later institutionalized as BARISAN NASIONAL (BN) and was formally registered on the 1st July 1974. Besides UMNO, MCA and MIC, BARISAN NASIONAL was made up of six other parties, which before this was on the other side of the fence.

Those parties were PAS ( which was later expelled from BN ), Parti Progresif Rakyat ( PPP ), Parti Gerakan Rakyat Malaysia ( GERAKAN ), Sarawak United People's Party ( SUPP ), Parti Pesaka Bumiputra and USNO from Sabah. Only DAP and PSRM refused to join the Coalition. BN, which used the new symbol - the 'dacing' had strengthen and stabilize the Malaysian political situation, and relationship among races had never become closer. Later, other political parties, especially in Sabah and Sarawak joined the BN. These parties are Berjaya from Sabah, SNAP and PBDS from Sarawak.

In the 1990's many new parties surfaced to join Barisan Nasional as a result of the political turmoil in Sabah when PBS walked out of Barisan Nasional. These parties are Akar Bersatu, SAPP, LDP, PBRS and PDS. Today BN consists of 14 parties.

The birth of BN signaled the beginning of a new era for Malaysia which is now ruled by a multiple race component parties, a struggle of the united community. Among the main objective of BN is the struggle to strive for cooperation among races, peace, harmony and justice to ensure Malaysia will continue to develop and prosper, in line with vision 2020.- Source:- Barisan Nasional Penang Website

And it seems that Pakatan Rakyat leaders may be also considering the formation of the next generation Barisan Nasional....or BN version 2.0..

Veteran Umno politician Tengku Razaleigh Hamzah has discussed with PAS, DAP and PKR leaders the possibility of forming a national unity Federal Government as a way out of the current political and economic stalemate.

As a precedent, he cited former premier Tun Abdul Razak Hussein’s Barisan Nasional model that came from the original Alliance coalition of Umno, MCA and MIC.

Opposition Leader Datuk Seri Anwar Ibrahim, DAP adviser Lim Kit Siang and PAS president Datuk Seri Abdul Hadi Awang had sought appointments with the former Finance Minister. - Star, 7/10/2008 - Ku Li: Form unity government

The Tengku Razaleigh moves forward suggesting that the current BN become a single entity - hence moving away from being race-based political parties. (This is not new - for I believe, Mahatahir also did raise this matter before. I believe Abdullah Ahmad Badawi also did mention something like this before). Is he just talking about current BN or the new "BN ver 2.0" - If the later, then we may be moving towards a single party system.
After calling for the formation of a national unity Federal Government with opposition parties, Tengku Razaleigh Hamzah has proposed that Barisan Nasional become a single political entity.

The veteran politician said he was ready to deal with Umno members who may reject the move, stating that although Barisan becomes a single political entity, the special rights of the Malays would be upheld in the Federal Constitution.

“There is nothing to fear as it benefits everyone,” he said, adding that there was no need to amend the Constitution with regards to Islam being the official religion and Bahasa Malaysia the official language.

Tengku Razaleigh, the nation’s longest serving parliamentarian and former finance minister, said he was open to discussion over a single Barisan party instead of the present 13 coalition partners system after the Sabah Progessive Party pulled out last month.

“I am suggesting that Barisan become a multi-racial party for all. Umno members can be direct members in it,” he said in an interview. - Star, 8/10/2008 - Tengku Razaleigh suggests BN become a single political entity

Now, Anwar Ibrahim has been saying that he has the required number for Pakatan Rakyat to become the Federal Government - and he is still saying that...

But maybe, there is another problem - i.e. the number of Muslim and non-Muslim MPs in the Opposition Coalition. PAS clearly said that it is not interested if non-Muslims outnumber Muslims...

In the latest edition of the Harakah (29/9/2008), the PAS President has allegedly stated that if the number of Muslim Malay representative is not the majority in Pakatan Rakyat, then PAS will pull out of the Pakatan Rakyat..

I tried to find this report online - but alas, I could not find it in the online version of the Harakah but did manage to find 2 sources, the 1st is as follows:-
Dipetik Harakah menerusi edisi terbaru bertarikh 29 September (hari ini), Abdul Hadi berkata, apabila jumlah wakil rakyat bukan Islam melebihi kerusi anggota Dewan Rakyat beragama Islam, maka PAS akan membuat keputusan - sedia menarik diri daripada kerajaan Pakatan Rakyat.

Kata beliau, PAS telah meletakkan syarat agar kerajaan Pakatan Rakyat itu dikuasai oleh wakil-wakil Islam Melayu.

Jika Islam tidak majoriti, bekas Ketua Pembangkang di Parlimen itu berkata, pembentukan kerajaan pimpinan Pakatan Rakyat tidak akan disertai oleh PAS.
"PAS akan tarik diri terang-terang jika tidak mendapat majoriti Islam. Itu syarat pertama," kata beliau - from Depa Kata Blog, Amaran PAS: Tolak kerajaan pusat Pakatan Rakyat jika majoriti bukan Islam [http://depa-kata.blogspot.com/2008/09/amaran-pas-tolak-kerajaan-pusat-pakatan.html]
The 2nd source is :-
Selepas tarikh 16 September berlalu tanpa kejutan, PAS pula mengulangi pendiriannya tidak akan menyertai kerajaan Pakatan Rakyat jika kerajaan baru persekutuan yang dicita-citakan, majoritinya dikuasai oleh wakil rakyat bukan Islam kelak.

Pendirian itu dinyatakan oleh Presidennya, Datuk Seri Abdul Hadi Awang pada Ceramah Isu-isu Semasa di Dungun, Terengganu minggu lalu.

Abdul Hadi yang juga Ahli Parlimen Marang lebih mengharapkan wakil rakyat Umno menyertai PAS jika mahu membina kekuatan orang Melayu dan Islam di negara ini.

Dipetik Harakah menerusi edisi terbaru bertarikh 29 September (hari ini), Abdul Hadi berkata, apabila jumlah wakil rakyat bukan Islam melebihi kerusi anggota Dewan Rakyat beragama Islam, maka PAS akan membuat keputusan - sedia menarik diri daripada kerajaan Pakatan Rakyat.

Kata beliau, PAS telah meletakkan syarat agar kerajaan Pakatan Rakyat itu dikuasai oleh wakil-wakil Islam Melayu.

Jika Islam tidak majoriti, bekas Ketua Pembangkang di Parlimen itu berkata, pembentukan kerajaan pimpinan Pakatan Rakyat tidak akan disertai oleh PAS.

"PAS akan tarik diri terang-terang jika tidak mendapat majoriti Islam. Itu syarat pertama," kata beliau.- mStar, 29/9/2008, Amaran PAS: Tolak kerajaan pusat Pakatan jika majoriti bukan Islam [http://www1.mstar.com.my/cerita.asp?file=/2008/9/29/mstar_mutakhir/20080929125641&sec=mstar_mutakhir] - http://charleshector.blogspot.com/2008/09/pas-president-should-focus-on-change.html
So, maybe there may be some truth in this talk about moving towards a formation of a "UNITY GOVERNMENT" ...or BN ver. 2.0.

What do you think?

Golden Opportunity if Pak Lah Resigns - MPs can determine new PM - Anwar? Najib? Kit Siang? (Updated)

If Abdullah Ahmad Badawi resigns as Prime Minister, then it will be a great opportunity for the MPs to choose the next Prime Minister, and for the "Yang di-Pertuan Agong shall first appoint as Perdana Menteri (Prime Minister) to preside over the Cabinet a member of the House of Representatives who in his judgment is likely to command the confidence of the majority of the members of that House.."(Art.43(2)(a) Federal Constitution)

There is no such thing in our constitution that the current PM can hand over to his chosen successor.

Remember Art. 43(4)
If the Prime Minister ceases to command the confidence of the majority of the members of the House of Representatives, then, unless at his request the Yang di-pertuan Agong dissolves Parliament, the Prime Minister, shall tender the resignation of the Cabinet.
Once Abdullah Ahmad Badawi resigns, that means the door opens for Anwar Ibrahim or Mohd Najib Razak or Muhyiddin or any other to show that they do (or are likely to) command the confidence of the majority of the members of that House" - and the Yang di-pertuan Agong can proceed to appoint a new Prime Minister...

So, irrespective of whether PM resigns now or in March 2009 or in June 2010, the door flies open for a new Prime Minister, one who has the confidence of the majority of the Members of Parliament - not the confidence of the majority of the members of UMNO, not the confidence of the majority of the members of BN...

But many believe that Abdullah Ahmad Badawi will not relinquish power...
Sabah Progressive Party President Yong Teck Lee does not think that Prime Minister Abdullah Ahmad Badawi will relinquish the Umno presidency without a fight - as many political pundits have predicted.

yong teck lee"The reasons being that he has the majority support of Umno members and the people of Malaysia who have voted for BN and he has a comfortable majority in Parliament," Yong was quoted as saying by Bernama. - Malaysiakini, 8/10/2008, Sapp's Yong: PM won't give up top post


About 30 Umno supporters gathered outside the Prime Minister’s official residence here on Wednesday, urging Datuk Seri Abdullah Ahmad Badawi to remain in office.

Carrying posters of Abdullah, they waited from 7.30am until 9.30am, when the Umno president left home for the weekly Cabinet meeting.

Abdullah stopped his motorcade briefly to greet them, and shook hands with some of them. - Star, 8/10/2008, Supporters provide moral support for Abdullah

In a posting on his blog, Umno leader Ruhanie Ahmad said the meeting, which started at about 11pm, was held at the prime minister’s official residence in Putrajaya.

Ruhanie, a former Backbenchers Club (BBC) chairperson, said some 200 supporters had attended the meeting, including staunch supporters of Umno vice-president Mohd Ali Rustam, who is set to contest the No 2 post himself.

“Abdullah is expected to announce his decision to stay on at the BN special supreme council meeting scheduled for 3.30pm today. I hope this information will become reality in line with the spirit and practice of democracy in Umno,” read the posting. - Malaysiakini, 8/10/2008, Abdullah - will he now stay or go?

Anil Netto is doing a poll in his blog, and the current results show that between Abdullah Ahmad Badawi and Mohd Najib Razak, the overwhelming majority prefers Abdullah Ahmad Badawi..

Between Abdullah and Najib, who would you prefer as PM?

  • Not sure/Neither (66%, 510 Votes)
  • Abdullah (33%, 251 Votes)
  • Najib (1%, 10 Votes)

Total Voters: 771 - http://anilnetto.com/


But, as I said earlier, if the PM resigns --- then it is the MPs who will decide on the next Prime Minister - not the UMNO...not the BN...certainly not Abdullah Ahmad Badawi...

I see that moves by Tengku Razaleigh Hamzah towards a formation of a 'Unity Government' may all be moving towards this...

Remember the person who desire to be the next PM must "...command the confidence of the majority of the members of the House of Representatives..." - therefore your Political Party or affliations matters not...

Oh yes - remember that there is nothing a political party can do about an MP of that party voting in a particular manner save for maybe expelling him from the said political party. He/she still remains the Member of Parliament..or ADUN...until the next General Elections or until he/she resigns...

Power will effectively be in the hands of the Members of Parliament...as to who will be the next Prime Minister... (noting of course, it is the King that appoints...)


What percentage of vegetables locally grown?

Recent revelation that 40% of vegetables in Malaysia are currently imported from China raises the question as to what percentage of vegetables in Malaysia are imported...and what percentage is grown locally.

Federation of Malaysia Vegetable Wholesalers Associations president Soo Cheng Kee said there was concern among the farmers and wholesalers over the issue.

“There are two groups of vegetables that we import.

“One is what we can’t grow well here like the Hong Kong kailan and the other is what we import to supplement the local supply like cabbages,” he said, adding that about 40% of vegetables in Malaysia were currently imported from China.

These include the Hong Kong kailan, Chinese cabbage, Beijing cabbage, round cabbage, cauliflower, baby kailan and carrots.- Star, 8/10/2008 - Farmers: Keep us informed

We have got the necessary environment for the growing of many different kind of vegetables. The problem always have been the provision of land and assistance to farmers.

Noting that prices of vegetables in the market need to be kept low and reasonable for the general population, in an age when cost of living and cost of farming is increasing. There is a need to provide more assistance and subsidies to the farmer.

Maybe the government could purchase vegetables at a high price from the farmer and re-sell it at a lower price to the wholesalers...to the consumer. That means government subsidies.

Questions to the government(that some MP/ADUN could raise):-
Is there such a scheme in place at this time?
How much is being used to support this scheme?
What are the government plans in achieving target of at least 80% locally produced vegetables?

Several years ago, in a meet the MP session in PJ, constituents asked Donald Lim (as he then was) why the government was acquiring/allocating land for golf courses - but not allocating sufficient land for farming. [Of course Donald avoided the question and talked about the benefits of playing golf - stress reduction, etc...]

Tuesday, October 07, 2008

Anwar withdrew posting about journalist Baradan - but an apology would have been good...

It was good to note that Anwar Ibrahim has acted with regard that the 'not at all good' posting about journalist Baradan Kuppusamy that appeared in the Anwar Ibrahim Blog...

Entri Baradan Kuppusamy

Satelah membaca teliti surat pembaca mengenai wartawan Baradan Kuppusamy, saya dapati bahasa yang digunakan terlalu keras. Maka surat tersebut telah dikeluarkan dari blog.

ANWAR IBRAHIM - http://anwaribrahimblog.com/2008/10/05/entri-baradan-kuppusamy/

But, really is that enough - I believe that Anwar should also apologize, what do you think?

My rough translation of what Anwar said: 'After carefully reading that letter from a reader about journalist Baradan Kuppusamy, I found that the language used was too hard. Therefore that letter has been taken out of this blog.'

I would also like to share Rocky Bru's posting on this :-

Sunday, October 05, 2008

Who is Baradan, Din?


If a journalist writes negatively about Anwar Ibrahim, he's a paid whore? Poor K. Baradan. I understand why he sounded sad when we spoke on the phone the other day.

I've known him for more than 20 years as a journalist and as far as I'm concerned, he's not made a name as either anti-Anwar or pro-Anwar (which is how it should be). But a reader of Din Marican is so incensed by what Baradan has written. A paid whore. To me, it's fine for Din to publish the "letter" or "comment", but he should not have left that note at the end of the letter. [click on the letter to enlarge]

If DSAI becomes Prime Minister one day and decides to make Din a Senator to sit on his Cabinet, please don't make him Information Minister. Seeing how he's reacted to Baradan's small voice of dissent, I'm afraid Din would outdo Zam in no time.

p.s. "Bahasa terlalu keras". Here, Anwar takes down posting on K. Baradan. No, no apologies, though.
I also just discovered that several articles of the said Baradan Kuppusamy have also been posted on the Anwar Ibrahim blog...(Maybe only those that are pro-Anwar and/or pro- Anwar plans that are posted...I do not know for I did not read it all...)

20
Sep

Anwar throws down the gauntlet

From Asia Times Online
By Baradan Kuppusamy
KUALA LUMPUR - Malaysian politics is heading for a showdown with opposition leader Anwar Ibrahim demanding that the government of Prime Minister Abdullah Badawi subject itself to a confidence vote in parliament by September 23.

08
Sep

Anwar Is Back

From My Sinchew
Opposition icon Anwar Ibrahim’s return to parliament spells leadership change in Malaysia.
Despite a nasty campaign against him, opposition icon Anwar Ibrahim has won spectacularly in a landmark by-election in the family stronghold of Permatang Pauh, confirming his stature as possible prime minister with truly national appeal, cutting across race and religion.

27
Nov

Facing Malaysia’s Racial Issues

Oleh Baradan Kuppusamy, Time Magazine
It may have been one of Malaysia’s most surreal demonstrations ever. On Sunday, an estimated 20,000 ethnic Indians brought Kuala Lumpur to a standstill for nearly six hours in the name of Queen Elizabeth II. They gathered in the thousands near the Malaysian capital’s iconic Petronas Towers, waving giant posters with [...]

15
Nov

Protesters, Police Clash in Kuala Lumpur

dari TIME Magazine, oleh BARADAN KUPPUSAMY
Her eyes reddened by tear gas and her clothes soaking wet from a heavy downpour, Hamidah Ibrahim, a 23-year-old undergraduate from


Her eyes reddened by tear gas and her clothes soaking wet from a heavy downpour, Hamidah Ibrahim, a 23-year-old undergraduate from the northern city of Ipoh, huddled against a shop wall in Tun Perak Road, a main thoroughfare in Kuala Lumpur that is usually clogged with vehicles but on Saturday was crowded with thousands of protestors. Across the street, red-helmeted officers of Malaysia’s Federal Reserve Unit fired several rounds of tear gas at the crowds before a baton charge that sent protesters running helter-skelter. Hamidah wiped her eyes and adjusted her tudung, the Malay headscarf that is obligatory for Muslim women. “This is like being in hell,” she says amid the thud of smoke grenade launchers.

Thousands of young people like Hamidah, many bused in from across the country and wearing yellow t-shirts emblazoned with the word Bersih, or “clean,” in Malay, joined Saturday’s protests in favor of free and fair elections. Bersih, a group of the same name made up of opposition parties and dozens of non-governmental organizations, is protesting what they claim have been rampant irregularities in recent elections, alleging voter fraud, gerrymandering and the use of government spending to sway voters. (The government, in response, denies the fraud allegations and accuses its critics of trying to paint development aid as an election offense.) - Time Magazine by Baradan Kuppusamy - Protestors, Police Clash in Kuala Lumpur (a posting from the Anwar Ibrahim Blog)

I remembered images I have seen in some moview when some person is being led to have his head chopped off, or hanged for some crime - and how the crowds along the way throw rotten vegetables and stuff, hurling all kind of insults, etc... They (the crowd) may not even know whether this was a person truly guilty - or just a person being falsely persecuted because he was an enemy of the ruler/s of the day...

It was the same kind of reaction by many about that journalist - when a posting appeared in ANWAR IBRAHIM's Blog making all kind of allegations including names like “shameful paid whore.”

Anwar should be able to appreciate this too - because he too was accused of being a sodomist, a corrupt person, etc...

Baradan Kuppusamy is but a small person - and will not get media coverage even if he wants to defend himself... He, like many of us, having no money to sue for defamation, etc....may just have to let it go...and the stain will stick. Anwar's apology would help the man...

Interesting also how there was silence from many quarters - possibly because it was Anwar Ibrahim that posted it. Not wise to go against Anwar Ibrahim now - for fear possibly of being seen as being anti-change, anti-reformasi, pro-BN...or maybe just being called “shameful paid whore.”

If someone does wrong - he must be reprimanded...be criticized so that he can change for the better...

Blind loyalty to any person or political party is not at all a good thing...

Pak Lah for President - says UMNO Division and Supreme Council Member...

The Kuala Kedah Umno division will nominate Datuk Seri Abdullah Ahmad Badawi and Datuk Seri Najib Tun Razak as party president and deputy respectively.

Its chairman Datuk Seri Diraja Syed Razak Syed Zain said the division committee had decided to do so to strengthen the party.

“The division committee members have unanimously agreed to show support for the top two leaders,” he said, adding that the decision was made during the committee’s meeting on Sunday.- Star, 7/10/2008 Kuala Kedah division to nominate Pak Lah


Well - there you have it. Some, maybe even many, within UMNO may prefer Abdullah Ahmad Badawi to remain President of UMNO, and the Prime Minister...
Syed Razak, who is an Umno supreme council member and a former Kedah mentri besar, also condemned certain leaders for offering to contest the deputy president’s post even before the top two leaders announced their stand.

“This is not a healthy trend for the party,” he said.- Star, 7/10/2008 Kuala Kedah division to nominate Pak Lah
Will the making of Mohd Najib Razak the President and Prime Minister be good for the political stability of the country? Remember that Najib is plagued with allegations of involvement in the whole Altantuya murder, corruption in some Defence arm-deals, etc...and this scandal is not just within Malaysia... What makes it even worse for Najib is the allegations that the police and the public prosecutors have deliberately acted (or by ommission did things) to keep out the name of Mohd Najib Razak? The perceived 'special treatment' of Najib does not go down well for him at all...

Syed Razak, who is not seeking re-election as division chief, said Malaysians could not afford political instability in view of global economic uncertainties.- Star, 7/10/2008 Kuala Kedah division to nominate Pak Lah


Remember also that in the near past in Malaysia seen what happened to that other DPM who seemed bent on challeging and ousting the existing PM. Sodomy charges, corruption charges, black eye, .....

So, will this apparently to eager to take over Mohd Najib Razak also be heading the same direction...

Or will he be going the way of the other DPM, one Abdullah Ahmad Badawi, who suceeded in getting the last PM to hand over the premiership to him...

Why should Abdullah Ahmad Badawi hand over the presidency of UMNO and the Premiership to his Deputy? The losses of BN is the losses of BN - not just the losses of Abdullah Ahmad Badawi...If Abdullah is to be blamed, then Najib as Deputy and No. 2 should also share the blame.... This means for change, it must be some other who should be President - Not No.1...not No. 2...maybe some other...

Recently, most State UMNOs supported Abdullah Ahmad Badawi...The BN MPs have also expressed their support for the PM...

So, there is really no reason why Abdullah Ahmad badawi should not continue as President of UMNO...

Whether he does remain as President will be decided by the UMNO members when the submit their nominations...and then when they cast their votes...

But whether he remains as Prime Minister, it may not matter what happens within the UMNO or the BN if Pakatan Rakyat takes over the Federal government...

12.2m RM5,000 cut-out of Anwar - money could be better spent

I was shocked and disappointed when I read about this LARGE cut-out of Anwar - in Batu. I expected PKR to be different...

The 12.2m high cutout of PKR adviser Datuk Seri Anwar Ibrahim in Batu Caves has drawn mixed reactions from the residents and politicians.

Selayang Municipal Council president Zainal Abidin Azim said Batu Caves assemblyman Amirudin Shari had submitted for approval the cutout which stands in front of Wisma Keringat in Batu Caves last month and the council approved it.

“I feel there is no reason this cutout should be an issue,’’ he said about the giant structure which is akin to those used to promote Bollywood stars.

However, Barisan Nasional assemblymen who are against the cutout costing RM5,000 that was put up on Sept 28 argued on religious grounds that it would be tantamount to idolising Anwar and that was prohibited in Islam.

Larger than life: The giant cutout of Anwar in Batu Caves.

Kuang assemblyman Abdul Shukur Idrus said, as a Muslim, Amirudin should know better than to put up the cutout. - Star, 7/10/2008 - Council-approved giant cutout of Anwar draws flak



Some of the BN politicians are trying to steer this issue down another road - i.e. whether it is Islamic or not. Whether such 'idolization' of a man is Islamic or not?

I shall not even go there. For me, the concern is why is MONEY being wasted here. That RM5,000 could have been better used for so many things.

Also PKR (and the Pakatan Rakyat) should discourage their wakil rakyats and their supporters from wasting money in this manner...

Pakatan Rakyat appointed Selayang Municipal Council approved this - I wonder how much is being charged per month. In Temerloh, it cost about RM70-00 per banner at one of the LOcal Council's pre-defined location - Last Raya, I put up a banner wishing the rakyat of Temerloh selamat hari raya...just to see whether an ordinary lay-person could also put up such banners...

So, I wonder how much money the Selayang Municipal Council made from the one who put up this 12.2 m cut-out -- or there were no fees payable.

I have always wondered whether the BN and their 'wakil rakyat' and their component parties pay for the banners and posters they put up because some of them just do not have that little reference number that is placed by the Local Councils showing that these are approved posters, where the required payments have been made...

Talking about this Anwar cut-out, I remember how Mohd Najib Razak's image also suddenly appereared in some mural/painting before even Abdullah Ahmad Badawi chose him as the Deputy Prime Minister...





Monday, October 06, 2008

Sabah population increases by 285%, whilst Malaysia's population iincreases by only 113% - something is very wrong..

There are BIG questions that the Barisan Nasional government, currently led by Abdullah Ahmad Badawi, has got to answer about Sabah's "new" citizens - persons who have since 30 years ago have suddenly become Malaysian citizens or have acquired PR Status. (Children where 1 parent has PR status are automatically citizens)

Many have called it an 'illegal migrant problem' - but I think that label causes confusion, which result in Migrant Rights and Human Rights groups reacting thinking that we are talking about the undocumented migrant/refugee problem. {I believe the BN government likes to use the term "illegal migrant proiblem" to the Sabah situation just to cause the confusion.....Recall to that the recent government response was arrest and deport the undocumented migrants ---- very evasive and certainly not looking at the the Sabah "new" citizen problem...}

The Sabah problem is a "new citizen" problem. Who are these "new citizens"? How did they acquire citizenship? How do we now deal with these "new citizens" and their citizen children today? Recent revelations by MP for Sepanggar, Datuk Eric Majimbun also reveals that true original citizens are also in some cases are also losing their citizenship...

"(7) The discrepancy in the percentage increase between Kadazan, Dusun, Murut on the one hand and other Bumiputera between 1970 and 2000 i.e. 236 per cent and 631 per cent respectively; ...

(9) The discrepancies in the population increase between 1970 to 2000 in Sabah, Sarawak and Malaysia: 10,439,430 to 22,202,614 or up by 113 percent in Malaysia; 976,269 to 2,012,616 or up by 106 percent in Sarawak; and 636,431 to 2,449,389 or up by 285 percent in Sabah." - Malaysiakini, 6/10/2008 - Sapp: 'Loopholes' behind IC scam


These new facts, were amongst the many other points that were disclosed by MP for Sepanggar, Datuk Eric Majimbun. (See below for more points raised as found in the Malaysiakini report...)

Evidence of illegal issuance of MyKad to foreigners will be released by the Sabah Progressive Party (SAPP) tomorrow.

The MP for Sepanggar, Datuk Eric Majimbun, said he would reveal the details that led to a population explosion in the state.

"Just imagine, our population increased by 285 per cent between 1970 and 2000," he said. "I will bare all, including proof of people not born in Sabah becoming Malaysian citizens (in Sabah)." - The New Straits Times, 3/10/2008 - SAPP to show proof of Sabah MyKad scandal

Related to this, was the answer in Parliament in 2006 with regard the ethnic composition of Sabahans

Who are the “Other Bumiputera” and Other Ethnic Groups” in Sabah? According to an answer to Teresa Kok (DAP Seputeh), the PM Department said that there are 436,300 “Other Bumiputera” and 143,500 “Other Ethnic Groups” in Sabah. These constituted 25.9 percent of the Sabah population.

The composition of ethnic groups in Sabah as of March 206:

Melayu 342,500 15.3%
Kadazan/Dusun 530,000 23.7%
Bajau 399,300 17.8%
Murut 98,400 4.4%
Bumiputera Lain 436,300 19.5%
Cina 287,200 12.8%
Lain-lain Etnik 143,500 6.4%
Jumlah Warganegara 2,237,100 100.0% (75.1%)
Bukan Warganegara 743,600 (24.9%)
Jumlah 2,980,700 (100.0%)

The question is who are the “Other Bumiputera” and “Other Ethnic Groups” that cannot be classified according to a particular ethnic group. Are these “citizens” non-indigenous to Sabah? - taken from the Blog of Chow Kon Yeow


Some interesting BN governmental responses:-

Mohd Najib Razak - Deputy Prime Minister
He dismissed Deputy Prime Minister Najib Abdul Razak’s comment in Kota Kinabalu on Saturday that “there could have been administrative errors at the state NRD but this will be put right. No one will be victimised." - - Malaysiakini, 6/10/2008 - Sapp: 'Loopholes' behind IC scam
Nazri Aziz

A state ruling coalition leader has taken Minister in the Prime Minister's Department Mohd Nazri Abdul Aziz to task for making light of the concerns of Sabahan over the growing menace posed by the large presence of illegal immigrants in the state.

Sabah Progressive Party (Sapp) leader Tham Nyip Shen, who is also state science and technology advisor, said he was 'utterly shocked' that Nazri could have said in Parliament recently “that the presence of foreigners, including those with IMM13 documents, did not cause social, security and economic problems in Sabah.” - Malaysiakini, 8/7/2006 Sabah leader blasts Nazri over immigrant remark
In 2007, the Parliamentary Select Committee tried to look into this but alas the National Registration Department refused to turn up, and...

“It is a serious matter and indicates an unbecoming attitude of an agency when a meeting called by the Parliamentary Select Committee can be rejected.

“This is also disrespectful to Parliament and reflects the standard and quality of administration of this country,” Ramon said in a statement today.

He also called for Dompok’sposition as chairperson of the PSCI to be reinstated and that the NRD be held accountable for the issuance of identity cards in Sabah where there is apparent widespread abuse.

“Tough disciplinary action must be taken against individuals and agencies that do not heed parliamentary meetings seriously,” he added. - Malaysiakini, 19/5/2007 - Kit Siang and groups support Dompok

.... the Chairman of that Parliamentary Select Committee resigned...

Dompok’s decision to resign from the bi-partisan committee followed Lim’s question on why a scheduled committee meeting yesterday with National Registration Department (NRD) into a fake identity card scandal in Sabah dubbed ‘Project M’ was suddenly cancelled.

Test of strength

The NRD has refused to appear before the committee - a move which Nazri has supported. - - Malaysiakini, 19/5/2007 - Kit Siang and groups support Dompok


It is obvious that the Prime Minister, the Deputy Prime Minister and the BN generally have no interest in investigating the "new" citizens of Sabah, and how they suddenly became citizens. Why? Maybe, because the whole situation has benefited UMNO - who certainly is today the dominant BN component party in Sabah, a situation which would not, most likely not be if the ethnic composition remained the same as it was in 1970.

Even in Semenanjung Malaysia, some say that the difference of the ethnic composition in 2008, compared to that in 1957 raises some questions as to whether there were "new" citizens also created here. Different birth rates among the ethnic groups do not explain the difference.

There must be an investigation into this issue of the "new" citizens of Sabah (and maybe even Malaysia) - and the guilty must be exposed and penalized.

With regard the "new" citizens and their now citizen children, that will be a difficult problem to resolve BUT the whole community must come together and find a solution.

Many of these "new" citizens and their children have become Malaysian, have lived and studied in Malaysia - so the solution may not be the stripping of citizenship or the deportation to some other country.

The term "illegal migrant problem" - probable a term that the UMNO led BN government would like to use to confuse the issue especially in Malaysia. Why? Because most Malaysians immediately start thinking about the undocumented migrants in Malaysia who have been around for a couple of years or so... The "new" citizen problem of Sabah is very very different...

Anyway, back to that Malaysiakini report, and the other points raised by Eric Majimbun

Cases in point

Majimbun highlighted some pertinent facts and figures the bureau has collated in recent days:

1) The case of Filipino, Jerom Maguil, who was issued MyKad 5609030-12-5739 (old IC No: H0540992) under the name of Jerom Majimbon and staying in Eric Majimbun’s village in Inanam, Kampung Pomotodon. Inanam is in the outlying regions of greater Kota Kinabalu.

The case file includes a letter that Eric wrote to the Home Ministry secretary-general on Oct 4 last year on the case, with copies to the NRD in Kuala Lumpur and the state NRD; the reply from the Home Ministry in Parliament confirming that Jerom Majimbon a.k.a Jerom Maguil was not entitled to the MyKad he was holding.

The fact remains the MyKad has not been withdrawn, neither has Majimbon been deported. There was no reply to the Oct 4 letter;

2) The history of statements from residents in Kampong Pomotodon bringing the presence of Jerom Majimbon a.k.a. Jerom Maguil to MP Eric Majimbun’s attention;

3) The case file of a Sino-Dusun, Thien Kau Pah B Kian Kim, 60, born and bred in Kampung Melaka, Jalan Kionsom, Inanam, Kota Kinabalu and issued a MyPR and not the MyKad to which he is entitled when he had to change his old blue IC. His appeals were not entertained;

4) The state NRD replacing the MyKad of a senior citizen, Yong Lee Hua @ Piang Lin, 78, a native, with a MyPR (permanent resident status) after she lost her MyKad to a picket pocket on Feb 12 last year at a supermarket in Penampang Baru, an outlying region of Kota Kinabalu, on the grounds that “senior citizens who lose their MyKads are given the MyPR as replacement”;

5) Some cases of passport-holding foreigners from Philippines and Indonesia who have one or two of their children becoming Malaysian citizens although their other children are not citizens;

6) 65,000 Filipino refugees were issued the IMM13 refugee documents in the 1970s, according to the federal government. More recently, the federal government cited the same figures for 2008 raising various questions on the subject: how many have been given citizenship, permanent residence and bumiputera status?

7) The discrepancy in the percentage increase between Kadazan, Dusun, Murut on the one hand and other Bumiputera between 1970 and 2000 i.e. 236 per cent and 631 per cent respectively;

8) The problem of children of inter-marriages being classified as sino-natives and not as natives; and

population boom in sabah 0610089) The discrepancies in the population increase between 1970 to 2000 in Sabah, Sarawak and Malaysia: 10,439,430 to 22,202,614 or up by 113 percent in Malaysia; 976,269 to 2,012,616 or up by 106 percent in Sarawak; and 636,431 to 2,449,389 or up by 285 percent in Sabah.

“The situation we are in right now calls for a change (in attitude) in government,” said Majimbun.

“We are already being marginalised in all aspects. What will happen to our future generations? People should not simply say that we are touching on a sensitive issue. We are talking about something that concerns the future of our children and the future generations.”

Majimbun pledged that all information gathered by his bureau would be brought to the attention of the federal and state governments “to let them know and take these matters seriously”.- Malaysiakini, 6/10/2008 - Sapp: 'Loopholes' behind IC scam

Sunday, October 05, 2008

PAS says protest at PM's open house 'was part and parcel of democracy'.

It is very positive that PAS President has come out in support of the protest actions at the Prime Minister's open house... for this will definitely kill attempts by any quarter to make this a 'religious issue'...

insidepix1

KUALA TERENGGANU: The Pas chief said the action by the the Hindu Rights Action Force (Hindraf) at the prime minister's and cabinet's Hari Raya open house on Wednesday was part and parcel of democracy.

Datuk Seri Abdul Hadi Awang said it signalled a change in the democratic practices in the country that should be viewed positively.

"I don't think it was rude. That's democracy. In the United States, people demonstrate in front of the White House. It's not like they caused a commotion or started fighting," he said after the party's Hari Raya gathering at the Tarbiyyah headquarters yesterday.

In the incident on the first day of Hari Raya, Hindraf supporters went to the open house at the Putra World Trade Centre and presented a card to Prime Minister Datuk Seri Abdullah Ahmad Badawi asking him to release the organisation's leaders detained under the Internal Security Act.

The card was delivered by Vwaishnnavi, the 5-year-old daughter of Hindraf leader in exile, P. Waythamoorthy. The group was led by Waythamoorthy's wife, K. Shanti.
About 20 bloggers also turned up at the open house, wearing T-shirts bearing the slogans "No to ISA" and "Free RPK", referring to the two-year detention order on Malaysia Today editor Raja Petra Kamaruddin.

Both groups told journalists their sole intention was to send a message to Abdullah. - New Straits Times, 5/10/2008 - Hadi: Hindraf action a democratic right


At the same time, it is good to see how MIC has been trying to exploit the situation and score points with Malaysian Indians..

Let it not be forgotten, that it is primarily the failure of MIC, the self-proclaimed representative and champion of Malaysian Indians that has led to the rise of HINDRAF - not an organisation but a movement of people.

Temples were being demolished - the MIC stood by silently...Deaths in Custody - not a whimper from MIC...Plantation workers evicted as plantation closes without homes - MIC was silent again..

Even now, MIC President has called for the release of HINDRAF 5 - and Abdullah Ahmad Badawi and the BN government just ignored MIC. The calls have been made several times already..

So, really what is the MIC way of doing things ....BEG...BEG...BEG and pretend that you still matter. UMNO and BN have totally ignored MIC calls for the release of the HINDRAF 5...

Both the MIC and Hindraf are fighting to get five of the group’s leaders freed from Internal Security Act (ISA) detention but they are using different approaches.

MIC secretary-general Datuk Dr S. Subramaniam said the party did not believe in methods adopted by Hindraf (Hindu Rights Action Force) such as crowding the Hari Raya open house hosted by Prime Minister Datuk Seri Abdullah Ahmad Badawi and Muslim Cabinet ministers at the Putra World Trade Centre.

“This sort of behaviour does not serve well for a united, multiracial nation. It also does not reflect the true nature of our Indian culture,” he said.

Hindraf supporters had gone to the open house to present a teddy bear and card to Abdullah asking for the release of their leaders M. Manoharan, P. Uthayakumar, V. Ganabatirau, R. Kenghadharan and K. Vasanthakumar.

Dr Subramaniam said the group had created an uncomfortable feeling at the open house. - Star, 5/10/2008 -MIC on Hindraf: We want same things, our methods differ
Well, for your information - "uncomfortable" is good. That is sometimes the only way that the Malaysian government finally will release the HINDRAF 5, RPK and others detained under the ISA and Detention Without Trial..

The people have spoken about how they felt about the arrests of HINDRAF 5 and others under Detention Without Trial laws in the last General Elections - but still PM and BN government are not budging.

There must be more and more creative activities in the campaign to release all being detained under Detention Without Trial Laws - and this campaign must not just be confined to Malaysia but must be global. Already, the Asian Human Rights Commission have comnmenced yet another Urgent Appeal for the release of all detained and for the repeal of those bad laws...

And what does MIC want to do....

Dr Subramaniam said the MIC would continue to talk to Abdullah, Deputy Prime Minister Datuk Seri Najib Tun Razak and Cabinet ministers to lobby for the release of the five.

He said the MIC pursued the matter on humanitarian grounds and because of pleas made to the party by the families of the detainees.

How many times have the MIC called for the release of HINDRAF 5 - The MIC have really got to wake up and question whether they should even continue to stay in the Barisan - when even its President's public call receives no response from the PM or the DPM..Remember GERAKAN, MCA...have also called for the release of the HINDRAF 5...

For whom shall the bells toll? Abdullah Ahmad Badawi or Mohd Najib Razak or both of them...

Mohd Najib Razak must be really getting worried about what Abdullah Ahmad Badawi is going to say in his upcoming announcement, that was promised will be made on or before 9/10/2008. Others in the pro-Najib camp should also be worried, I believe.

Gone is the transition plan of 2010 - will it be just a change in dates or also a change of the heir...

Will Abdullah Ahmad Badawi announce that he will not be contesting for the UMNO Presidency? Or will he say that he will be contesting for the UMNO Presidency?

Anyway, Najib and some others are behaving 'disrespectfully' - and certainly not in a manner consistent with the 'traditions' or 'old ways' of UMNO... They are trying to paint a picture that Pak Lah is not contesting - and Najib has taken over the helm.

There seem to be a movement within UMNO to force Abdullah Ahmad Badawi to decide not to contest for the UMNO Presidency....

The UMNO Supreme Council meeting was held on 26/9/2008, and a few days later Cheras UMNO makes a move creating the impression that Abdullah Ahmad Badawi is not running for Presidency - and this was followed by yet another Division, the Kampar UMNO division --- and it is important to note that Mohd Najib Razak is saying nothing - not even let's wait for Pak Lah's announcement first. Or better still, that he supports Pak Lah for Presidency and that he will be going for Deputy Presidency...

CHERAS Umno has decided to nominate Datuk Seri Najib Tun Razak as its candidate for Umno president and Tan Sri Muhyiddin Yassin for the Deputy’s post, Sinar Harian reported.

Division chief Senator Datuk Syed Ali Alhabshee said the division held a special meeting on Sunday to discuss the matter and unanimously agreed that Najib and Muhyiddin were the best candidates.

Syed Ali said the nomination of the two should not be challenged, as party president Datuk Seri Abdullah Ahmad Badawi had announced the transition plan.

“Pak Lah has announced the transition of power, so Cheras Umno feels that there is no need to wait for Oct 9 (to see) whether he would defend his post because it is a waste of time.

“So we feel that something needs to be done and Cheras Umno’s announcement of the candidates is rational and appropriate,” Syed Ali said. - Star, 30/9/2008 Cheras Umno to pick Najib for top post

Kampar Umno division will nominate Datuk Seri Najib Tun Razak and Tan Sri Muhyiddin Yassin for the president and deputy president’s posts respectively in the party polls in March.

Its chief Datuk Mohd Radzi Manan said the division had been looking for a change in party leadership since the March general election.

“Umno members are waiting for new directions and directives.

“At present, we lack instruction and motivation. That is why a new leader is needed,” he told reporters at his Hari Raya open house here yesterday. - Star, 3/10/2008 - Kampar to name Najib and Muhyiddin

Then, we have one of Mohd Najib Razak's former political secretary announcing that he is offering himself as Deputy President of UMNO..., giving a strong impression that the post is vacant since Najib is going to be President - and he is there to "join forces with..." Najib to lead the party...
Minister in the Prime Minister’s Department Datuk Seri Ahmad Zahid Hamidi is the first to throw his hat in for the Umno deputy presidency at the party elections next March.

“Yes, yes, I will be contesting (the deputy president’s post),” the Umno supreme council member told mStar Online yesterday...

...He said he had decided to go for the post because of the current political scenario affecting the party and due to requests by the grassroots for him to join forces with Datuk Seri Najib Tun Razak to lead the party.

“After the recent Umno supreme council meeting when (Umno president) Datuk Seri Abdullah Ahmad Badawi announced that the transition of power would be earlier, the scenario in Umno began to change,” Zahid said, adding that others then felt he should consider going for the deputy presidency.

Zahid, 55, is the Bagan Datoh MP and was Umno Youth chief from 1996 to 1998. A former political secretary to Najib, he was once also a close ally of Datuk Seri Anwar Ibrahim who was sacked as Deputy Prime Minister in 1998. - Star, 3/10/2008,Ahmad Zahid to go for No. 2 post in Umno

Now, Ali Rustam has also said that he is going for No. 2

Malacca Chief Minister Mohd Ali Rustam is the latest to join the race for the Umno No 2 post, reflecting growing sentiment that Prime Minister Abdullah Ahmad Badawi will carry through with a plan to step down by March next year.

MCPX
"I am ready to contest as long as there is a vacancy for the deputy presidency of the party, I offer myself," Mohd Ali, who is also one of the party’s three vice-presidents, was reported as saying by Bernama today. - Malaysiakini, 3/10/2008 - Ali Rustam to contest Umno No 2 post

Did Abdullah Ahmad Badawi say that he was not running for UMNO Presidency? The answer is "No" - all he said was that the transition of power, which was earlier stated to be in mid-2010 will be speeded up.....

If he does not run for Presidency of UMNO - he would be rendered a "toothless" Prime Minister from now on - just like (or worse than ) what has happened to Bush of the US as he approaches his end days. Remember Mahathir was President UMNO when he handed over power...

Abdullah would have to at the very least contest for the Presidency - and get the required nominations come mid-November, after the UMNO division annual general meetings.

Then, if he wants to hand over power to some other, he may decline to run at the last minute during the UMNO elections in March - and then proceed to hand over power.

Or maybe, Abdullah will go out to secure nominations for Presidency and then evaluate what he does after that. If he secures more than the required number of nominations, it will be an indication that UMNO grass-roots want him to remain the head of UMNO - the PM.

Maybe, the question is going to be as to who will be the Number 2 - hence the fight will really be for the No. 2 in UMNO - and after the members indicate this, Abdullah will hand over the leadership to this new "No.2"...

Or if he does withdraw from contest in March - and hand over to his challenger for Presidency that also managed to secure sufficient nominations. If Abdullah runs for Presidency, would Najib also run...and if he also runs, would he get sufficient nominations.... Maybe, that is what Pak Lah may do - let the members choose...

If Najib or Ku Li or some other do manage to get more nominations - then there will be several months which may result in one or two of the successful candidates withdrawing - and there will be no elections. This would also mean the decision goes back to the members..

Q: An early transition? Does this mean you won’t be defending your post in March?

A: I have not announced any decision as far as this particular point is concerned. And I intend to do it before the divisional meetings begin.

Q: Will you go on leave soon?

A: Am I going on leave? How do you know? No, I am not going on leave. I have got a lot of work to do. A lot of work to do. I am not going on leave.

Q: What do mean by “facilitate early transition”?

A: To do whatever is needed and whatever I need to implement. The decision (when to hand over) will be made by me and Datuk Seri Najib Tun Razak.

Q: Are you sticking to the original plan?

A: If we are talking about an early transition, then the original 2010 plan no longer arises. There is no more 2010....

Q: Is it right to say that you will not be contesting the party post in March?

A: It will be my decision, right or not. Whether to contest or not, it will be my decision. You can go on guessing but the decision will be mine. - Star, 27/9/2008, Q & A with Umno president (Selected questions and answers only are copied)

Pak Lah had made a lot of promises - and there are things still left not done. The Independent Police Complaints and Misconduct Commission (IPCMC) and the proposed Judicial Reforms arejust some of these examples. What has Pak Lah completed --- nothing really. What has been Pak Lah's contribution to Malaysia...SCOMI? and KJ? Maybe, that is why he wants to finish what he has set out to do first rather than leave now...

After all, remember that many States have already come out in support of him, and in support for that earlier transition of power plan in 2010.... so, why must he now suddenly quit in October 2008 or even March 2009...

While young 55 year old Najib may be presuming too much (and he has behaved disrespectfully, by action and ommission, without even waiting for the Pak Lah announcement), Muhyiddin, on the other hand, is waiting ....
Umno vice-president Tan Sri Muhyiddin Yassin will announce the post he is going for once Datuk Seri Abdullah Ahmad Badawi states whether he wil defend his presidency or not.

Muhyiddin said he was waiting for a signal and clear indication from Abdullah before he declared the post to offer himself for. - Star, 2/10/2008 - Wait for Abdullah to announce decision: Muhyiddin

Who will the bells toll for ....Abdullah Ahmad Badawi, Mohd Najib Razak ...or both of them...or UMNO and the BN??

"Perchance he for whom this bell tolls may be so ill, as that he knows not it tolls for him; and perchance I may think myself so much better than I am, as that they who are about me, and see my state, may have caused it to toll for me, and I know not that.

...


Saturday, October 04, 2008

Who paid for that 'OPEN House of the PM'? Why target HINDRAF and not the other anti-ISA protesters?

Now in the Utusan Malaysia, there is a report that our Home Minister has warned HINDRAF but then he makes no mention about the others who went there (that bloggers support group) that were there protesting the arrest and detention of RPK and others held under the ISA...
Menteri Dalam Negeri, Datuk Seri Syed Hamid Albar memberi amaran keras kepada pertubuhan haram Hindu Rights Action Force (Hindraf) supaya tidak menjadikan toleransi antara agama dan kaum di negara ini sebagai ‘bahan uji kaji’.

Katanya, tindakan mereka menyerbu majlis Rumah Terbuka Aidilfitri Perdana Menteri dan Menteri-Menteri Kabinet beragama Islam kelmarin adalah satu bentuk provokasi yang melampau dan menakutkan.

Sehubungan itu, beliau mengingatkan penyokong Hindraf supaya tidak menyalahkan orang lain sekiranya pihak berkuasa bertindak kerana perbuatan mereka itu bertentangan dengan tatasusila.

“Jangan uji banyak sangat tahap toleransi, mereka kena fikir perasaan orang lain. Janganlah hingga melampaui batas.

“Mereka tidak sensitif dengan agama orang lain dan itu bukannya ajaran agama Hindu,” katanya ketika dihubungi Utusan Malaysia di sini hari ini.

Beliau mengulas perbuatan sekumpulan penyokong Hindraf yang menimbulkan kekecohan pada majlis Rumah Terbuka Hari Raya Aidilfitri Perdana Menteri dan Menteri-Menteri Kabinet di Pusat Dagangan Dunia Putra (PWTC) kelmarin. - Utusan Malaysia, 3/10/2008, Hindraf diberi amaran

They were there to voice their protest to the Prime Minister (irrespective whether they are Muslim or otherwise) - and it is very wrong for the Home Minister (as reported in the Utusan) to try and spin it around and make it a 'religious tolerance' issue.

I do not think that it an issue of disrespect to any religion or religious practice....it is the Minister who is trying to twist and turn matters...

Hindu Rights Action Force members' "intimidating" actions at the ministers' open house on Wednesday were described yesterday as being disrespectful and inappropriate.
Datuk Seri Syed Hamid Albar
Datuk Seri Syed Hamid Albar
Home Minister Datuk Seri Syed Hamid Albar said the group's boldness at the function also constituted an insult to Islam.

The event was hosted by Prime Minister Datuk Seri Abdullah Ahmad Badawi at the Putra World Trade Centre.

Syed Hamid said that the group should have known better than to hamper the spirit and celebration of a religious occasion with a political message.

"If they wanted to join in the celebrations, that's fine. But they came wearing T-shirts of the same colour and making it very clear that they wanted to deliver a message to the prime minister.

"That crosses the line and is just unacceptable, especially at a public function.

"There are other days to voice their protest or send a message. There are other avenues to bring up their disagreements."

A group of Hindraf supporters brought a Hari Raya card and a teddy bear which they handed to Abdullah.

The card, delivered by Vwaishnnavi, the 5-year-old daughter of Hindraf leader in exile P. Waythamoorthy, urged Abdullah to release the movement's leaders detained under the Internal Security Act.

The group led by Waythamoorthy's wife K. Shanti had gathered outside the building at 11am - The New Straits Times, 3/10/2008 - Hindraf ticked off for 'disrespect' at open house
The failure to reprimand (let alone report) the other group who also protested the ISA detentions in both the Utusan and the NST reports also raises questions. Was that because that other group was multi-racial and multi-religious? Or was it again an act of discrimination?

pm open house 011008 06 rpk supporter
Several supporters of blogger Raja Petra Kamaruddin

pm open house 011008 07 anti isa
T-shirt condemning use of ISA on Raja Petra

pm open house 011008 08 buffet
Visitors to the open house at the buffet spread

pm open house 011008 09 wondering in banquet hall
Hindraf activists walk orderly in single file through a banquet hall while looking for the prime minister



pm open house 011008 11 smiling abdullah
Abdullah smiles as he greets the activists. Looking on is his wife Jeanne Abdullah and his deputy Najib Abdul Razak

pm open house 011008 12 band of bloggers
Bloggers pose after accomplishing their mission

[Photos by Andrew Ong]- Malaysiakini.


By the way protesting at the Prime Minsiter's Open House is definitely safer - because less likely they will use water cannons and tear gas?

They always talk about "There are other days to voice their protest or send a message. There are other avenues to bring up their disagreements." - BUT what exactly are these. When actually can you get to the Prime Minister to voice your protest and concerns. I remember, even when the Malaysian Bar led by its President went to the PM's office in Putrajaya - the police were around - and neither the PM or the DPM had the courtesy to come and receive the Memorandum...

Another question that must be raised is WHO IS PAYING for that open house? Is the the rakyat's money?

Whose open house is it? The PM or the UMNO open House or the open house of the "Perdana Menteri dan Menteri-Menteri Kabinet beragama Islam..."

My suspicion is that it is the government's money that is being used here....not the PM's money or ....some other person's money...

Previously, the PM used to have his open house at his house - I remember going to Sri Perdana several years ago for Mahathir's open house. Minisiter's also had their own open houses. I believe they would have been paying out of their own pockets for these open houses...but then I may be wrong.

It is funny how they call it their open house - and use OUR money to finance it...mmm

The wealth and the monies of the nation MUST and can only be used for the people (the rakyat). If the PM wants to have an open house - then he must use his opwn money. If UMNO or Pakatan want to have somne victory celebration, then they must use the party funds...This must be a STRICT rule that should be followed by all in government.

I hope that someone ask in Parliament as to who pays for this OPEN HOUSE and how much of the government money and money's worth was expended for this open house...

Friday, October 03, 2008

No thought of forgiveness until RPK, HINDRAF 5 and all under DWT laws released..

Again the report about HINDRAF raises some concern...
"Hari Raya Aidilfitri is a time to forgive and forget. Anybody can go (to the open house) regardless of what shirt we wear. We were not at all unruly," said Thanenthiran. - Malaysiakini, 3/10/2008 - Hindraf open house visit: 'We informed them'
Maybe Thanenthiran was wrongly quoted - but unless the PM seeks apology and release the HINDRAF 5, RPK and the rest of those currently detained under the ISA and other laws that allow for Detention Without Trial, we, Malaysians, will not forgive him. Forget we definitely will not.

Hindu Rights Action Force (Hindraf) National Coordinator RS Thanenthiran said today the movement’s followers who attended the prime minister’s Hari Raya open house on Wednesday were only there to extend their greetings, rejecting criticisms that the move was ‘improper’.

MCPX

Some 200 Hindraf activists thronged the Putra World Trade Centre (PWTC) on Oct 1 where Prime Minister Abdullah Ahmad Badawi together with his cabinet minister hosted their annual Hari Raya open house celebration.- Malaysiakini, 3/10/2008 - Hindraf open house visit: 'We informed them'


Again, I hope that is a case of mis-reporting - I hope that they went there to protest the detention of HINDRAF 5 and those others detained -- not just "only there to extend their greetings".

Why bother whether it was 'proper' or 'improper'. Remember that what was 'improper' was the arrest and detention of Uthayakumar and the rest under ISA and the other laws...

So what are the critics saying -- forget all the wrong that the PM and the BN government has done during Hari Raya. During Hari Raya just 'extend Raya greetings' even to an evil man like Abdullah Ahmad Badawi.

Yes, it is Abdullah Ahmad Badawi, Mohd Najib Razak, the Cabinet and the BN government that used water cannons and fired tear gas on peaceful protestors, who beat and arrested and detained persons...Let us not forget this...they are the persons who are guilty of all the violations of Human Rights..

HINDRAF should not have to defend themselves when fools say their actions are "improper", ‘discourteous and disrespectful’, ..or that it was not the proper venue for protest...or that the HINDRAF action will tarnish Malaysia's image.

Home Minister Syed Hamid Albar said the prime minister’s open house celebration was not the proper venue.

"This is not the time; this is not the correct venue. They can come to wish Selamat Hari Raya and shake hands, but the rest of it, different time, and different date," he said.

Similar sentiments were also expressed by Tourism Minister Azalina Othman who alleged Hindraf’s move would reflect poorly on Malaysia’s image.- Malaysiakini, 3/10/2008 - Hindraf open house visit: 'We informed them'


"forgive him[Abdullah Ahmad Badawi] for sending Hindraf leaders to Kamunting?

I wondered hard and long why some HINDRAF members have forgiven Abdullah Ahmad Badawi for arresting and continuing to detain Uthayakumar and the other HINDRAF leaders under the ISA...
Led by K Shanti, the wife of Hindraf leader in exile P Waythamoorthy, the group handed Abdullah a teddy bear bouquet and a large Hari Raya card..."In the spirit of forgiveness during Aidilfitri celebrations, we wanted to express that the Indian Malaysians forgive him for sending Hindraf leaders to Kamunting," added Shanti, when asked about the content of the card. - Malaysiakini, 1/10/2008 - Anti-ISA activists at PM open house
I must state that I do not believe that all Malaysians - or Malaysian Indians forgive the PM for sending HINDRAF leaders to Kamunting.

I hope that K. Shanti and/or those that allegedly represented HINDRAF should not be trying to speak for all Malaysians...or Malaysians Indians.

Everyone or most Malaysians would agree to the call for immediate and unconditional release, and for the repeal of the ISA and all laws that allow for Detention Without Trial..., and am sure are angry with the act of arresting and the continued detention of HINDRAF persons and others arrested under detention without trial laws.

All in all, I must also congratulate those (both the Blogger supporters and the orange-coloured HINDRAF supporters that went to the PM's open house - for it is creative actions like this that will get media attention, embarass the wrong-doer (the PM and the Government of Malaysia) and lobby more support from the public to this campaign. And, I attach here photos of the event from Malaysiakini:-

Photo captions

pm open house 01100 01 entrance

Hindraf activist wait for about 30 minutes in line to enter PWTC banquet hall

pm open house 011008 02 hari raya card

K Shanti explains Hindraf's Hari Raya card to the police

pm open house 011008 03 police snatch card

Police trying to confiscate the card

pm open house 011008 04 crumpled card

Hindraf coordinator S Jayathas complains over crumpled card

pm open house 011008 05 teddy bear

Hindraf leader in exile P Waythamoorthy's daughter W Vwaishhnnavi holds teddy bear gift for prime minister

pm open house 011008 06 rpk supporter

Several supporters of blogger Raja Petra Kamaruddin

pm open house 011008 07 anti isa

T-shirt condemning use of ISA on Raja Petra

pm open house 011008 08 buffet

Visitors to the open house at the buffet spread

pm open house 011008 09 wondering in banquet hall

Hindraf activists walk orderly in single file through a banquet hall while looking for the prime minister

pm open house 011008 10 stopped by police

The activists were stopped some 6 metres away from the prime minister

pm open house 011008 11 smiling abdullah

Abdullah smiles as he greets the activists. Looking on is his wife Jeanne Abdullah and his deputy Najib Abdul Razak

pm open house 011008 12 band of bloggers

Bloggers pose after accomplishing their mission




Preference to family members in Malaysia is unacceptable

This is certainly DISCRIMINATION....Was there not another word for this...nepotism, was it not?
The Immigration Department will give priority to family members and relatives of its staff should they apply for jobs with the department.

“We believe that staff will be more obedient when they work with their family members,” he said at a press conference after visiting the Causeway on Wednesday.

He said that working together as a family would encourage the staff to be committed at work.

“In Japan, family members usually work in the same organisation and this helps them perform better as parents can share their experiences with children who are new at the job,” he said.

Mahmood said the department hoped to recruit more non-Malays as they made up fewer than 20% of the 10,000 workforce.

“We are getting 1,000 new staff in mid-October and about 200 of them will be non-Malays.- Star. 3/10/2008, Immigration Dept to give priority to staff's kin when hiring


The Star report was not clear as to who made the statement - it referred only to a 'Mahmood' but I believe it is Datuk Mahmood Adam, the Immigration Department director-general
Defence Ministry deputy secretary-general (management) Datuk Mahmood Adam will take over as the new Immigration Department director-general effective Monday, Chief Secretary to the Government Tan Sri Sidek Hassan announced Saturday.

He also announced the appointment of the Immigration Department's Foreign Workers Division director Abdul Rahman Othman as the department's deputy director-general (management) effective the same day.

Mahmood, 55, takes over from Datuk Wahid Don while Abdul Rahman, 50, replaces Yusof Abu Bakar. - Bernama, 19/7/2008 Mahmood Adam Appointed New Immigration Director-General
Father PM and party President - Government projects to companies with connection to son/relatives (eg. SCOMI) , son-in-law No.2 in party youth....

I wonder where the DG of Immigration is really getting these ideas from - of course it is not OK. The only consideration should be qualification/s, capabilities - not ethnicity, religion, political party affliations, relationships, 'who they know?', etc...

This DG blurted it out - BUT the question remains as to the extend of this practices in the country.

I believe that Najib's Brother is some CEO or something high in one of the Banks - and some reports also did suggest that he will be able to assist Najib in his new role as Finance Minister No. 1. Is this right? So, are we going to see pro-Bank policies from now on? Are we going to see a pro-CIMB positioning by the Malaysian government?

The current tumultous global environment presents one of the most challenging times for one to become finance minister, says CIMB Group chief executive Datuk Seri Nazir Razak.

He was referring to the swapping of ministry portfolios between Prime Minister Datuk Seri Abdullah Ahmad Badawi and Datuk Seri Najib Razak, Nazir’s brother.

“We wish him (Najib) all the best. Let’s wait for him to get back from New York,” he said after the launch of the CIMB Max InvestSave PSSIA-i yesterday.

Abdullah is the new Defence Minister while Najib has taken over the finance portfolio. - Star, 19/9/2008, Tough time to be finance minister, says CIMB chief executive

I feel that since Mohd Najib Razak is the Finance Minister, his younger brother should just resign from his position and maybe just live of his wealth, for after all he is the 40th riches man in the country or Najib should take a different port-folio.

DEPUTY Prime Minister Najib Razak's younger brother has entered Malaysia's rich list for the first time - coming in at No.40, with a net worth of US$100 million (S$136 million).

Datuk Nizar, 41, son of the late prime minister Abdul Razak, is chief executive of financial services firm CIMB and its parent company, Bumiputra Commerce Holdings. - The Straits Times, 23/5/2008, Najib's brother debuts on Malaysia's rich list
We do not want Discrimination in favour of political affiliation...and surely do want discrimination in favour of family members... at any level...

Wednesday, October 01, 2008

Zaid Ibrahim changes postion and now calls for repeal of ISA - Selamat Hari Raya

It was a good Hari Raya 2008 when I saw the Open Letter from Zaid Ibrahim to the Prime Minister calling very clearly for the repeal of the ISA.

Sir, you are still the prime minister and you still have the opportunity to leave your footprint in Malaysian history. I urge you to do so by repealing the ISA once and for all. - Malaysiakini, 30/9/2008, Zaid Ibrahim writes open letter to PM
Before this, Zaid's position was that he was not calling for the repeal of the ISA...only that it be not used against 'civilians'...

De facto Law Minister Datuk Zaid Ibrahim (pic) stuck his neck out against the Government by condemning the use of the Internal Security Act (ISA) against civilians.

He urged the Government to revert to the original purpose of the law, which was to curb communism.

“It is time for the Government to go back to the original spirit of the ISA and it should only be used on armed terrorists or those out to topple the Government by force.

“I am not calling for a repeal of the ISA but for it to be used only when there is a real threat to national security and not on civilians,” he told a press conference at his home in Pasir Hor here yesterday. - Star, 15/9/2008,Zaid Ibrahim: Resignation rejected (final update)


But today, Zaid Ibrahim has seen the light and is now calling for the REPEAL of the ISA.

ISA and other Detention Without Trial laws must all be repealed - there is NO justification for its retention in Malaysia. They cannot be reviewed...or amended - it must be repealed. There is no 2 ways about this.

REPEAL ISA AND ALL OTHER DETENTION WITHOUT TRIAL LAWS

RELEASE IMMEDIATELY AND UNCONDITIONALLY ALL THOSE WHO ARE CURRENTLY BEING DETAINED UNDER THE ISA AND THE OTHER DETENTION WITHOUT TRIAL LAWS.

Selamat Hari Raya to all who are being detained under these Detention Without Trial Laws, and their families and friends.

My hope and prayer is that this will be the last Raya that you spend in detention...