No Raya Bonus from Government for private sector workers, farmers,...in 2012

What about Raya bonuses for private sector workers, for self employed, farmers and small business persons?

Again in 2012, Malaysia's BN government (and also the Selangor State PR government) seem to be just showing concern for public sector workers only - and pensioners of the civil service? Raya bonuses.....

CIVIL servants will be paid a half month bonus with a minimum payment of RM500 ...Sharing the joy of the 1.27 million civil servants are 657,000 pensioners who will receive a RM500 special payment.

Penang Government is giving out a half-month Hari Raya bonus with a minimum payment of RM600 to civil servants in the state ...In Selangor, Mentri Besar Tan Sri Khalid Ibrahim said in a statement that a half-month bonus with a minimum payment of RM500 plus an additional RM200 will be deposited into the civil servants’ Selangorku Savings scheme next week

What about the other workers, those in the private sector - many of whom are in a bad state - not even able to enjoy that very low minimum wage that the government has set at RM900 which will only start to take effect next year....

Are all other workers and persons in Malaysia not been contributing to Malaysia - that is how it feels when this BN government (and some PR government) only seem to be interested in giving civil servants (and pensioners) bonuses...allowances... etc.

Bonuses - well, this is something that employers give their workers when they are making profits and their financial situation is good. Well, Malaysia has been removing subsidies, increasing taxation, .... all the while saying that Malaysia is in a precarious economic condition - there have also been word that Malaysia would go 'bankrupt' if the government does not reduce its public spending in the form of subsidies...

So, why is the BN government literally spending money which they should be saving for stability?

As it is, workers in the public sector are already treated as a preferred class of workers - they have pension, and they are even covered with regard to heart cases at the Institut Jantung Negara..., etc... their wages are also certainly better. Employment stability is also something that they have.. 

But, as far as contributing to the well-being of Malaysia, I believe that all workers (both private sector and public sector), the self employed, farmers, fisher persons, small business persons, etc - all have done their part, and governments need to acknowledge these contributions...

If special help for Hari Raya or some other festive season is to be handed out - make sure it reaches all Malaysians - how do you do this? Well, there are so many creative ways....Let's see:-

a) Say RM20 subsidy on all household electricity bills, or water bill for the Raya period..

b) Say a special subsidy for rice, flour, cooking oil - which will effective bring price down for the period..

c) Say postal rate subsidy so that the stamp cost for sending festival greeting cards would be reduced...

The above would be ways of benefiting all Malaysians -- and when it covers basic necessities like these, it is less likely to be taken advantage of by the undeserving...

Half-month bonuses - well the higher paid would surely be getting a lot several thousands of ringgit .. (By the way MPs, Senators and ADUNs also would, I believe fall into this category). If the intention of the government was to assist primarily those in the low-income bracket - then give these bonuses just to that category ... or better just a RM500 to all. It would have been better.

It is time that all private sector workers, self-employed, small/oetty business persons, farmers, fisher persons, etc to reject such governments that only assists the workers in the public sector ---- and remember that this is the money of all the peoples in Malaysia including  private sector workers, self-employed, small/oetty business persons, farmers, fisher persons, etc. I do not think Malaysians are happy with a government that uses their money in such a discriminatory fashion...

Who is spending for all these PM visits, parties, gifts during the Hari Raya period? Is it not coming out of the government coffers...the people's money. Subsidies were removed ... prices have gone up - all by actions of this BN government who said that money must be saved...spending reduced to prevent our Malaysia from going bankrupt... and the effect of these cuts in subsidies is seen today at the Pasar Ramadan.... 

1 jug of sugar cane water in 2011 was RM3 - today in 2012, it is RM4 (in some places, one may be lucky to get it for RM3.50). Cost of living has certainly increased - thanks to Najib and the BN government ... so, please do not use Malaysia's money indiscriminately and for wrong purposes... 

KUALA LUMPUR:  CIVIL servants will be paid a half month bonus with a minimum payment of RM500 on Aug 9 in a Hari Raya gesture announced by the government yesterday.

Sharing the joy of the 1.27 million civil servants are 657,000 pensioners who will receive a RM500 special payment. Prime Minister Datuk Seri Najib Razak made the announcement yesterday. Chief Secretary to the Government Datuk Seri Dr Ali Hamsa thanked the government for its contribution.

Speaking before a buka puasa function with Deputy Prime Minister Tan Sri Muhyiddin Yassin here, Ali said the payment was timely. “I hope civil servants will spend it wisely.” Congress of Unions of Employees in the Public and Civil Services (Cuepacs) president Datuk Omar Osman said this demonstrated the government’s appreciation of civil servants and pensioners.

“This contribution is meaningful for low income earners among civil servants, especially in helping them to prepare for Hari Raya.” Malaysian Government Pensioners Association president Datuk Paduka Raja Wan Mahmood Pawan Teh said the payment proved that the government appreciated the services and sacrifices of pensioners for the country’s development.

He said this showed that Najib was a noble leader who was concerned about the welfare of civil servants and pensioners. Later,at a buka puasa with some 3,500 residents of Taman Nirwana, Ampang, Najib said Barisan Nasional was capable of developing policies that made the economy sustainable and resilient. At the same time, BN could also find new sources of revenue, he said.

Najib added that this had enabled the government to implement programmes, such as Bantuan Rakyat 1Malaysia (BR1M), to help the people, including 23,000 families in Ampang who had received the RM500 aid.

“If we just continue to give, how long can it last? The answer is: not long. If we continue to spend without adding to our income, even the highest hill can be scraped flat.

“There is no point in aiming to be a popular government if it cannot develop the economy and is clueless about how to obtain wealth and attract investments.”

He said the government had done a lot through the Islamic concept of islah, or transformation. He took a swipe at the Pakatan Rakyat-led Selangor government over the state’s water problems. He added that a Federal Government that was able to generate new ideas and wealth would have no difficulty addressing the water situation.

Najib presented a contribution of RM2 million for the construction of Masjid Al-Mustaqim, a RM1.45 million contribution for mosques and surau in Selangor, and contributions of RM100 each to 100 single mothers and the disabled.

Present were Najib’s wife, Datin Seri Rosmah Mansor, Selangor BN coordinator Datuk Seri Mohd Zin Mohamed and Ampang parliamentary coordinator Datuk Ismail Kijo.

Later, Najib performed terawih prayers at Surau Taman Sri Angsana Hilir in Kampung Pandan,where he presented contributions from Kelab Putera 1Malaysia to the heads of mosques in Selangor. - New Straits Times, 26/7/2012, Raya bonus for civil servants, pensioners

PETALING JAYA: In wanting to outdo their political opponent Barisan Nasional, the Pakatan governments in Selangor and Penang have declared a higher minimum bonus payout for civil servants employed by the two states.

The Penang Government is giving out a half-month Hari Raya bonus with a minimum payment of RM600 to civil servants in the state.

Chief Minister Lim Guan Eng said the total payout estimated to be more than RM3.9mil would be given to 3,780 civil servants on Aug 9.

In Selangor, Mentri Besar Tan Sri Khalid Ibrahim said in a statement that a half-month bonus with a minimum payment of RM500 plus an additional RM200 will be deposited into the civil servants’ Selangorku Savings scheme next week.

This handout comes on the heels of Prime Minister Datuk Seri Najib Tun Razak’s announcement of a half-month bonus with a minimum payment of RM500 for civil servants in the country and a special payment of RM500 for government pensioners as appreciation to civil servants.- Star, 27/7/2012, Selangor, Penang up ante in Raya bonuses

Settled? Lynas should restore Free Malaysia Today's press freedom...

Should we allow businesses, corporations, MNCs.... take away freedom of expression, freedom of opinion, press freedom, freedom to highlight human rights violations and other real concerns about rights, justice, health risks, environment? 

Well, sadly in Malaysia - there is still no legal protection accorded to human rights defenders and others (including media) who try to exercise these freedoms....

...and, it should not be so - there must be laws that protect the ordinary citizen and concerned groups of persons so that they can truly exercise these freedoms in democratic Malaysia...

The case of Lynas is of great interest... for this corporation, I believe, went to court to effectively try to 'gag' or prevent any statement, opinions and views that were anti-Lynas... 

There were 2 suits filed, and we look now at the second suit that was filed...i.e. the suit against the publishers of Free Malaysia Today (an alternative on-line media)... which was just recently settled...

Let us look at the apology...

An apology to Lynas Corp Ltd

July 17, 2012

Re: Lynas Corporation Ltd & Anor v Mtoday News Sdn Bhd
Kuala Lumpur High Court Civil Suit No 23 NCVC-52-04-2012
We refer to the articles previously published by us which claim that the Lynas plant may be unsafe. We apologise for these publications as such claims do not have a scientific basis. The regulatory review of the Lynas plant has been thorough and diligent.

[ http://www.freemalaysiatoday.com/category/nation/2012/07/17/an-apology-to-lynas-corp-ltd/#ixzz21omXEMfv ]

Comment - so the articles raised concerned that the Lynas Plant may be unsafe .... it was not an allegation that the Lynas plant was definitely unsafe. 

And, today there was a settlement recorded in court...

And, shockingly part of the settlement seems to be an undertaking that Free Malaysia Today will no more publish anti-Lynas statements

MToday’s counsel, Rueben Mathiavaranam, told reporters that as part of terms of the settlement, Lynas withdrew the suit and the defendant gave the undertaking not to publish any more anti-Lynas statements.

So, VICTORY for Lynas - for now Malaysians and others have lost ONE avenue to assert opinions, views... for the shutting down of the Lynas Plant....etc...

So, will the strategy for such corporations be further legal actions against other forms of expression - resulting in just a shut down of all anti-Lynas protest, opinions, etc....

It is a good strategy for corporations, who do have the resources to do so, --- but is something that individual persons, protest groups, civil society, alternative media, bloggers do not have... being taken to court is not only stressful, but there is a lot money and resources needed for lawyers, etc...The Malaysian courts, with the quantum of costs and damages being awarded is no more for the poorer folks - but only the rich can utilize this battleground...

It would have been more just to have just been required to give an undertaking that no anti-Lynas statement be published until Lynas be given an opportunity to respond before publication. That is what is expected of the media anyway...

 “We apologise for these publications as such claims do not have a scientific basis. The regulatory review of the Lynas plant has been thorough and diligent,” it said.

Are we expected to only say things after we have done scientific research or scientist opinions.... Can media or persons publish matters based on their own belief, opinion, etc - based on a general understanding of a subject matter obtained by 'limited' research vide internet, libraries, publications, etc ... I believe, yes.... 

Is rare earth dangerous? Is radiation generated a health risk? ... It is sad that part of the settlement required FMT to say ...'no scientific basis...' at all....and to also say that the review had been 'thorough and diligent' - who is FMT (or its owners) to say that it had been thorough and diligent.... Lynas can say that, but ultimately it will be the reviewing body who has to show that it was 'thorough and diligent'... and if persons disagree, then they should have the opportunity to appeal....and even take the matter to Court for a determination that it was 'thorough and diligent'.... I say, at the end of the day, all that one can really say is that I "...verily believe that it was thorough...blah...blah..." - for only God can say whether something is thorough or not....

PROPOSAL TO GOVERNMENT & CORPORATION/BUSINESSES

This is not a Battle between Lynas and the people of Malaysia  - both have a right to have their say, raise their points, make their assertions and arguements.... and all this is directed to the Malaysian Government and/or the State Government and/or the relevant Local Council and/or Parliament....- who have the power to decide whether the said rare earth processing plant be allowed to operate, continue to operate, etc.... (and after that decision is made, anyone not happy can appeal ...challenge it in courts...). For cases of judicial review, there must be no cost and damages awarded at all...

So, there must be laws against parties using the courts and/or other means to attempt to gag, to gag, or to undermine the right and freedom of opinions, views, expression of the other party...

We do not want a society where human persons are expected to be 'silent' and all accepting all that is done by governments and businesses.... we want a society where human persons are concerned about others, environment and the overall well-being and  good of the community... we want people to express their views and opinions....freely...and unhindered. There should be no requirement that this must be done in 'good' English or BM - likewise there should be no requirement that they must have scientific basis or proof first... before they can express a view...Views and opinions of ordinary persons are generally based of feelings, perceptions, beliefs, values, etc... seldom does it come after any 'thorough investigations' or scientific experimentation or research....and to expect that 'high standards' of ordinary human persons (not experts in the field) is really nothing more than a suppression of the freedom of expression and views...

Malaysia must ratify the UN Human Rights Defenders Convention ...

We must have laws that promote freedom of expression - not that suppress them...? As such, the repeal of the Sedition Act is certainly a step in the right direction....

We certainly must be also given full freedom of expression when it comes to corporations and businesses...

When it comes to statements about individual persons - it may have some control

 

I am of the opinion that the right to sue for defamation/libel should only be available to individual human persons - certainly not to corporations and other legal entities...

Lynas withdraws suit after FMT apologises

Bernama 12:57PM Jul 27, 2012

Lynas Corporation Limited and Lynas Malaysia Sdn Bhd today withdrew their suit after MToday News Sdn Bhd, operator of the online news portal Free Malaysia Today (FMT), apologised to Lynas over an allegedly defamatory article published on its website.

The parties recorded the settlement of the suit in chambers before High Court Judge Nor Bee Ariffin.

MToday’s counsel, Rueben Mathiavaranam, told reporters that as part of terms of the settlement, Lynas withdrew the suit and the defendant gave the undertaking not to publish any more anti-Lynas statements.

“As part of the settlement, the court also made no order as to costs and no damages to be payable, and for three offending articles also to be removed from the FMT (website),” he said.

On July 17, MToday posted an apology on its website, www.freemalaysiatoday.com, over the published articles which claimed that the Lynas plant might be unsafe for the public.
 
“We apologise for these publications as such claims do not have a scientific basis. The regulatory review of the Lynas plant has been thorough and diligent,” it said.

On April 19, Lynas Corporation of Sydney, Australia, and Lynas Malaysia filed the suit against MToday News over an allegedly defamatory article published on its website on March 6.

Lynas sought general and aggravated damages, costs and an injunction restraining the defendant from publishing further defamatory articles on Lynas.

Counsel Rishwant Singh represented Lynas.

- Bernama - Malaysiakini, 27/7/2012, Lynas withdraws suit after FMT apologises

Do hope that Lynas - will review its position - and give back full press freedom to Free Malaysia Today with regard its future coverage about Lynas. The condition to contact Lynas for a comment/response if the news report is 'anti-Lynas' before publication of the said report, with the assurance that Lynas will respond within 1 hour failing which the report shall be published - and any response by Lynas shall be forthwith published thereafter as soon as possible...

What you can do to STOP Malaysia's plan to build Nuclear Power Plants?

Press Statement                                                                                                                                                                                                                      19 July 2012

Nuclear Energy in Malaysia: From “Option” to “Point of No Return”

 

We, the undersigned civil society organisations, are extremely concerned that the Malaysian government is going ahead with its plans to build two nuclear reactors, without sufficient public information, consultation or debate. There is concern that the government has quietly proceeded to advance its plans on nuclear energy, ignoring wide public concerns about the dangers of nuclear energy and the lethal risks of nuclear accidents, as in the Fukushima melt-down last year.

 

At a forum in February 2012, statements by the Malaysia Nuclear Power Corporation (MNPC) and Tenaga Nasional Berhad (TNB) revealed that the Nuclear Power Plant (NPP) project has tiptoed to an advanced stage of development:

 

*  Nuclear energy was singled out as one option for electricity generation on 26 June 2009 and a pre-feasibility study completed in 2010.

*  The construction of two nuclear power plants (NPP), with a total capacity of 2 gigawatts, was identified in 2010 as one of the Entry Point Projects in the Economic Transformation Programme.

*  The MNPC is preparing a Nuclear Power Infrastructure Development Plan (NPIDP) which is expected to be completed by 2013, culminating in the delivery of Malaysia’s first nuclear power plant by 2021.

*   The final decision to ‘go nuclear’ is expected to be made in 2013 or early 2014.  

 

A detailed timeline on nuclear power deployment (Source: Nuclear Malaysia; Malaysia NKEA OGE Laboratory 2010), indicates that the final site selection will be made in 2014, marking this as the POINT OF NO RETURN, when the government makes its final decision and awards the contract to the successful vendor. It is expected that the twin-unit NPP will require a RM21.3 billion investment up to 2020.

 

It has come to our knowledge that the following potential sites have already been identified:

·         Five coastal sites, one each in Kedah, Perak and Terengganu and two in Johor.  

·         Two inland sites, near Tasik Temenggor, Perak, and Tasik Kenyir, Terengganu.

 

We have learnt that Burns and Roe Enterprises Incorporated of the United States of America has been appointed to conduct the NPIDP (refer to handout), feasibility studies and make recommendations to MNPC, with regard to optimal siting, reactor technology, reactor size, infrastructure development needed to support the nuclear power option, and preparation of the bid documents for solicitation of potential vendors for the NPP.

 

We are disappointed that the Malaysian government is determined to consider nuclear as an energy option when such technology has been rejected by a growing number of countries and carries enormous risks to health and public safety, including the indefinite accumulation of radioactive waste, which cannot be disposed of safely and which will remain lethal to future generations of Malaysians for thousands of years.

 

Nuclear power is not a feasible option for Malaysia, whereas renewable energy and energy efficiency are.   Besides, the cost of nuclear energy is escalating world over while the costs of renewable energy have been declining.

 

Moreover, there has been no process of public consultation and decisions are being made without transparency or accountability.  We do not accept that government-sponsored and corporate-funded meetings by pro-government groups, including academia, constitute such engagement or information, particularly when statements, made at such meetings, represent disinformation. As a result, the public has been deluded and misinformed about the facts of nuclear energy and nuclear power plants. The undeniable truth is that nuclear energy and nuclear power plants are not cheap, clean or safe.  

 

In view of the serious long-term impacts of nuclear power production, we demand that the Malaysian government abandon its plans for nuclear energy and invest in safe renewable energy and energy efficiency.  We further demand that the government come clean on its plans including disclosing the potential sites for the nuclear power plants. We call on the government to stop the on-going implementation process immediately.

 

 

 

List of supporting organisations

 

1.         Centre for Independent Journalism

2.         Consumers' Association of Penang

3.         Centre for Orang Asli Concerns

4.         Dignity International

5.         EcoKnights

6.         Environmental Protection Society of Malaysia (EPSM)

7.         Himpunan Hijau

8.         Institute for Development of Alternative Living (IDEAL)

9.         Jaringan Muafakat Pertubuhan Islam Perak

10.       Majlis Perundingan Pertubuhan Islam Malaysia

11.       Malaysian Physicians for Social Responsibility (MPSR)

12.       Nuke Off

13.       Pahang Raub Ban Cyanide in Gold Mining Action Committee

14.       Peoples Green Coalition

15.       Persatuan Sahabat Wanita Selangor

16.       Persatuan Persaudaraan Muslimah Malaysia

17.       Persatuan Teras Pendidikan Dan Kebajikan Melayu Malaysia

18.       Pertubuhan Gelombang Hijau Kuantan

19.       Pertubuhan Muafakat Warga Desa (Rural Citizens) Negeri Kedah

20.       Sahabat Alam Malaysia

21.       Sarawak Dayak Iban Association (SADIA)

22.       Sekretariat  Himpunan Ulama Rantau Asia

23.       Social Economic Committee of Kuala Lumpur & Selangor Chinese Assembly Hall

24.       Stop Lynas Coalition

25.       Tenaganita

26.       TERAS Pengupayaan Melayu

27.       Third World Network

28.       TrEES (Treat Every Environment Special)

29.       Warga Permuafakatan Pertubuhan Islam Darul Aman

30.       Women's Aid Organisation (WAO)

31. LLG Cultural Development Centre
32.    Borneo Resources Institute Malaysia (BRIMAS)

 

 

The full petition can be accessed at http://www.facebook.com/PublicPetitionToStopNuclearPowerPlantsInMalaysia

 

and

 

The petition can be signed at http://www.thepetitionsite.com/745/599/785/public-petition-to-stop-nuclear-power-plants-in-malaysia/

 

 

 

Best Opposition do not give us ex-BN characters as their alternative candidates come next GE

The next General Elections is just round the corner - and the people are ready to vote out the Barisan Nasional, in favour of an alternative government 

But there are still lingering doubts as to whether there will be any real changes when the alternative government comes in .... will we witness an 'Animal Farm' situation where people and political parties just transform into just another 'BN type govetrnment '- where nothing changes only the people in power and their cronnies...

Since 2008, many NGOs, civil society groups and individuals have treated the Pakatan Rakyat and their state government less critically -  a 'giving chance' stance - Why? They are new, and need time...and they have yet to oust the BN government ...and that is a bigger PRIORITY

....and noting also the  environment like Malaysia where main stream media(TV, Radio, Print Media,  is still effectively pro-BN and anti-Opposition, anti-workers, anti-people...and the environment where true freedoms of expression, assembly,....etc is almost totally a bsent or suppressed by the authorities so badly... A small failing highlighted may have been blown out of proportion and dominated the media .... So some people who desired CHANGE held back..., I believe. 

The desire for change ....for getting rid of the BN (led by UMNO) that has ruled us since independence - people want a change .... they want a difference....and this feeling and attitude dominated - resulting also in a less open and critical stance adopted against the Opposition...

Now, there is a concern that come next elections, we will find a lot of ex-UMNO, ex-MCA, ex-MIC,...ex-BN MPs and ADUNs, even ex-Ministers, standing as candidates for the Opposition coalition - and this will be most disturbing. We want a real alternative - so, it is important that this is reflected also in the candidates of the Opposition.... [PKR supreme leader is an ex-UMNO member - a former Deputy PM of the BN government -- and a large number of PKR are ex-BN memebers - but when it comes to choosing of candidates, it is essential for the candidates chosen who were ex-BN be kept to a minimum - And if these ex-BN people are trully committed to change ...to REFORMASI, they will in fact be happy to stand aside and not insist on being chosen as MP/ADUN candidates.... Those who insist...and say that if not  allowed to contest in the upcomuing GE they withdraw the suport and those of their cronnies are really persons that the Opposition parties must purge....for we do not need them...]  We do not MPs/ADUNs who will threaten to jump if they do niot get this or that for their personal or their cronnies gain.    

There are so many good persons available out there, those who were not ex-BN, with a long history of struggling for justice and human rights .... so, it is my hope that the Opposition do not present us with these ex-BN members, MPs, ADUNs and leaders as their alternative candidates...

Malaysians really want to get rid of the BN - and enjoy being governed by an alternative government....so give us proper good candidates come next General Elections...

REPEAL OF THE SEDITION ACT IS COMMENDABLE

PRESS STATEMENT

REPEAL OF THE SEDITION ACT IS COMMENDABLE

The Human Rights Commission of Malaysia (the Commission) welcomes the announcement of the proposed repeal of the Sedition Act 1948, one of the many laws which it has previously called upon the Government to repeal, and hopes that this commendable move will enable a greater enjoyment of the basic human rights to freedom of speech as guaranteed under the Federal Constitution and as enshrined in Article 19 of the Universal Declaration of Human Rights 1948 (UDHR). 

The Commission appreciates and supports the efforts for democratic reforms and to safeguard human rights and freedom in the country, as promised during the Honourable Prime Minister’s special Malaysia Day address on 15 September 2011. The Government has earlier revoked all Emergency laws, including the Internal Security Act 1960, the Banishment Act 1959 and the Restricted Residence Act 1933, and amended the Printing Presses and Publications Act 1984, the Police Act 1967 and the Universities and University Colleges Act 1971, and enacted the Peaceful Assembly Act 2012 and Security Offences Act (Special Measures) 2012. Nevertheless, the law reforms efforts have generated some concerns from various sections of the society since they were done swiftly and without much consultation. While the Commission welcomes the proposed replacement law, the National Harmony Act, and notes its intention to provide a balance between guaranteeing the freedom of speech for every citizen and handling the complexity of plurality existing in the country, it hopes that the new Act will be drafted in a transparent manner through consultations with all stakeholders in order to ensure that it will be in line with fundamental human rights principles. 

On that note, the Commission looks forward to engaging with the Attorney General’s Chambers and other stakeholders including civil society groups in the drafting of the new law to address particular concerns and to ensure that the provisions provided under it are consistent with universally accepted human rights principles, thus promoting and protecting human rights in the country. As part of its functions as the national human rights institution, the Commission will continue to monitor the implementation of this and other new laws to ensure that they are in compliance with international human rights principles and norms, more specifically the Universal Declarations of Human Rights 1948 (UDHR).

- END –

“HUMAN RIGHTS FOR ALL”

TAN SRI HASMY AGAM
Chairman
The Human Rights Commission of Malaysia (SUHAKAM)

12 July 2012

Malaysian Bar welcomes proposal to give Judges discretion on death sentence

Press Release: Malaysian Bar welcomes proposal to give Judges discretion on death sentence

Friday, 20 July 2012 04:27pm

The Malaysian Bar welcomes the Honourable Attorney General’s recent announcement that the Attorney General’s Chambers (“AGC”) is considering proposing an amendment to the Dangerous Drugs Act 1952 to give Judges the discretion not to impose the death sentence on drug couriers.  The AGC is reportedly also considering a proposal that those on death row be resentenced.   This is a positive first step towards realising the cross-party initiative, led by the Minister in charge of Law and Parliamentary Affairs, to end the use of the mandatory death penalty for drugs-related offences.  There is great wisdom in leaving the decision on punishment for such offences to the discretion of the Judiciary. The next step must be a moratorium on the use of the death penalty, which must ultimately culminate in the abolition of the penalty, as the execution of human beings by the State serves as an “example of barbarity” to society and legitimises the taking of human life. This goal will earn Malaysia a rightful place amongst modern and progressive democracies, as the worldwide trend has been to abolish the death penalty. Lim Chee Wee President Malaysian Bar

Malaysia mulls scrapping death penalty for drug couriers

M’sia mulls scrapping death penalty for drug couriers

Wednesday, July 11, 2012 - 14:36

by Andrew Sagayam

Location: 

KUALA LUMPUR

MALAYSIA may follow Singapore’s move to abolish the mandatory death penalty for drug couriers. Attorney-General Tan Sri Abdul Gani Patail said his Chambers was working towards proposing an amendment to the Dangerous Drugs Act 1952 to give judges the discretion of not imposing death sentences on couriers.

“We are getting advice from law experts throughout the world regarding drug laws and how are they applied in their country,” Abdul Gani told The Malay Mail, yesterday.

“Since late last year, we have been doing research and studies, and one of the suggestions is that we want to allow those on death sentence to be resentenced.

“This means those on death row would be referred back to the courts, with legal representation, to be re-sentenced,” he said, in response to a query following Singapore’s decision to scrap the mandatory death penalty for drug couriers.

On Monday, Singapore Deputy Prime Minister Teo Chee Hean said the proposal would give judges the discretion to sentence drug couriers to life imprisonment and caning.

Teo, who is also Minister for Home Aff airs, had said in parliament that the changes would apply to drug couriers and those convicted of homicide where intention to kill could not be established.

However, the mandatory death penalty for drug kingpins and traffi ckers remains.

Bar Council president Lim Chee Wee said Malaysia should abolish the mandatory death penalty or at least begin with a moratorium on execution.

‘Executions have not reduced drug trafficking’

He said leaders and lawmakers should stop thinking of politics namely the impact of such abolition would have on votes adding that the statistics show that mandatory death penalty has not reduced the number of drug trafficking cases.

“The Bar has consistently taken the position that the government must abolish the death penalty if we are to be called a just, democratic and progressive society in the eyes of the world.

“We urge the government to demonstrate leadership by immediately declaring a moratorium on any imposition for the death penalty,” Lim said.

He said the majority of arrests for drug trafficking is usually of low-ranking “drug mules” who are the most visible and easy to apprehend.

“In other words, while policymakers hope that the death penalty serves as a deterrent, the reality is that the majority of these arrests of “minor offenders” would not impact the scale or profitability of the drug market,” he said.

Lim said as it is well-acknowledged that no legal system in the world is foolproof or error-free the opportunity to right a wrong is, however, not available if the death sentence on a person has been carried out.

“In such event everyone will be collectively responsible for having sent an innocent man or woman to the gallows. We should take no risks to subject a person to death, as the execution of the death sentence is irreversible,” he said. - Malay Mail, 12/7/2012, M’sia mulls scrapping death penalty for drug couriers

See earlier post:

Abolition of Death Penalty for Drugs - Singapore doing it, when will Malaysia follow suit?

Beware the new NATIONAL HARMONY ACT - just repeal the Sedition Act 1948

PM Najib and the BN government is now saying that the Sedition Act 1948 Act will be replaced and replaced with a new Act, to be called the National Harmony Act. The name certainly sounds very nice BUT we really need to look at it - for, I worry, it may be even worse that the current Sedition Act. Remember, this was what happened with the Peaceful Assembly Act...

National Harmony Act - such a nice sweet sounding name. Who will oppose and Act with such a name? If you oppose, people will say that you are against 'national harmony', which is something that all Malaysians want. But, the problem would be that the 'wrapping' may be beautiful but when opened, the contents  may be shocking. (New strategy of the BN is to come up with beautiful sounding titles that no one, on the face of it, would want to object to.... so beware)

Sedition Act certainly needs to be repealed - as it totally curtails freedoms of expression/opinion - No one can criticize or say anything bad against government, judiciary,..... and it does not matter whether what you said was TRUE  - the intention is also deemed irrelevant..

The Act also prevents freedom of expression and speech - and we cannot even 'question any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III of the Federal Constitution or Article 152, 153 or 181 of the Federal Constitution' - The act curtails freedoms necessary for a democracy. When one cannot question certain matters, that ends even the process of developing alternative views and better positions on certain matters, and so, we remain stagnant despite changing circumstances and environment.

Section 3(1) A "seditious tendency" is a tendency -

(a) to bring into hatred or contempt or to excite disaffection against any Ruler or against any Government;
(b) to excite the subjects of any Ruler or the inhabitants of any territory governed by any Government to attempt to procure in the territory of the Ruler or governed by the Government, the alteration, otherwise than by lawful means, of any matter as by law established;
(c) to bring into hatred or contempt or to excite disaffection against the administration of justice in Malaysia or in any State;
(d) to raise discontent or disaffection amongst the subjects of the Yang di-Pertuan Agong or of the Ruler of any State or amongst the inhabitants of Malaysia or of any State;
(e) to promote feelings of ill-will and hostility between different races or classes of the population of Malaysia; or
(f) to question any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III of the Federal Constitution or Article 152, 153 or 181 of the Federal Constitution.

Section 3(3) For the purpose of proving the commission of any offence against this Act the intention of the person charged at the time he did or attempted to do or made any preparation to do or conspired with any person to do any act or uttered any seditious words or printed, published, sold, offered for sale, distributed, reproduced or imported any publication or did any other thing shall be deemed to be irrelevant if in fact the act had, or would, if done, have had, or the words, publication or thing had a seditious tendency.

When a person raises a dissatisfaction amongst the people against the government,.... (it is so wide) - he/she can be charged under the Sedition Act...

This is an ancient law - and should be repealed.

My fear of this new ACT, being proposed by Najib, is that it will just extend the areas where freedom of expression/opinions be curtailed, and maybe also increase penalties....hence, further suppression of freedoms.

Now - disclose now the proposed Bill to the public, so we can all have the opportunity to study it and give our comments - have discussions about it, etc. Do not table it suddenly in Parliament - get it passed (because BN has the majority and BN MPs have no right to vote against) within a few days...

National Harmony Act to replace Sedition Act

10:02PM Jul 11, 2012

Prime Minister Najib Abdul Razak tonight announced that the Sedition Act 1948 will be repealed and replaced with a new act to be known as the National Harmony Act.

The decision to repeal the act was to find a mechanism that could ensure the best balance between the need to guarantee the freedom of speech for every citizen and the need to handle the complexity of plurality existing in the country, he said at the dinner of the Attorney-General's Chambers with the prime minister at the Kuala Lumpur Convention Centre in Kuala Lumpur.

"With this new act we would be better equipped to manage our national fault lines. It will also help to strengthen national cohesion by protecting national unity and nurturing religious harmony," he said, according to Bernama.

Also present were the chief secretary to the government Ali Hamsa and attorney-general Abdul Gani Patail.

Earlier, the Security Offences (Special Measures) Act (Sosma) 2012 had been passed by Parliament but is not yet in force. When in force it will replace the draconian Internal Security Act.

Besides Sosma, the Najib administration has also introduced the Peaceful Assembly Act 2012 which replaces certain sections of the Police Act regarding public gatherings.

It is however uncertain how the repeal of the Sedition Act would have an impact on on-going cases like the case against Bukit Gelugor MP Karpal Singh.

Hindu Rights Action Force leader P Uthayakumar is another politician who is still facing a charge under the Sedition Act and it was only last month that he unsuccessfully tried to declare the Act as null and void at the Federal Court.

Najib said that the absence of an ideal balance could suppress the freedom of speech which was guaranteed by the federal constitution, hinder one's creativity and innovativeness or promote the spirit of chauvinism and extremism.

More open social environment

He said the balance must be achieved in a more open social environment with access to information which could lead to information overflow, an increasing standard of education and socio-economy and rising expectation.

“The provisions proposed in the National Harmony Act will stress on inculcating the spirit of harmony and mutual respect in the Malaysian society made up of various races and religions,” he said.

He said the new bill would be more specific in nature and would enable the government to act against anyone using sensitive issues to break up national solidarity.

The prime minister said the government would ensure that the provisions of the new Act would not hinder the power to tackle acts that could cause hatred and humiliation or stoke the feelings of disloyalty to the Yang di-Pertuan Agong or any ruler.

It also covered acts that could create enmity between the races and question whatever rights, positions, privileges, sovereignty or prerogative protected in the constitution.

“Before formulating the National Harmony Bill, the government wants to invite views and opinions from Malaysians, whether individuals or organisations on matters that need to be addressed in drawing up the legislation.

“The Attorney-General’s Chambers has been tasked as the agency responsible for getting the opinions of all stakeholders,” he said.

Najib said the government was aware that there were groups who considered the Sedition Act as a tool to prevent action or views that were contradictory to the government’s stand, but pointed out that this perception was totally unfounded.

‘Not prevented from critising the government’

“As such, the new provisions will not prevent the people from criticising the government and the administration of justice. Any act that is in contempt of court will be handled by the judiciary itself through the existing provisions in the existing Rules of Court,” he said.

Meanwhile, Najib also said the government decided to enforce immediately all new laws and amendments to the existing laws which were announced in the Political Transformation Plan including the Sosma; Printing Presses and Publications Act; and the Universities and University Colleges Act.

“Through the abolition and formulation of the ongoing bills, the government wants to ensure that adequate democratic space is provided for differences of opinion and competing ideas.

“Basically, we want to create one Malaysia where the principles of human rights is upheld, the individual's liberty to express opinions openly is welcomed, and the interest of the individuals and the community is balanced,” he said.

The prime minister also said that the Attorney-General's Chambers could be likened to a compass that showed the direction to ensure that the principles of the supremacy of the constitution and the rule of law were always upheld.

“I take great pride that the staff of the Attorney-General's Chambers have never been complacent with the adulation and praise accorded and never over-reacted to any allegation or slander made against the agency,” he said.- Malaysiakihi, 12/7/2012, National Harmony Act to replace Sedition Act

Najib's and BN's commitment to anti-corruption question - looking back at Eric Chia and Kasitah Kadam's judgments

Our Prime Minister Najib and the BN government over the years have been trying to convince us that they are anti-corruption, and will act against corruption and other mal-practices. Alas, it is sad that only the 'small crooks' have been targetted - not the big crooks. 

Even, if the 'big boys' are arrested, charged and tried - the government still will do the needful to ensure that they are acquitted. Prosecution sometimes just fail to present a strong case - sometimes even by not calling important witnesses, that should have been called, and hence leaving judges no choice but to acquit. Remember, once a person is charged and acquitted, he/she cannot be charged again for the same offence.

We really need laws to ensure that we can take and charge persons vested with powers to court for their actions (inaction) that was deliberate or negligent that undermined the law and/or the good of the nations. Prime Ministers who signed agreements or did things detrimental to the law, rights and justice. We need the ability to be able to charge former PMs, Ministers, Director Generals, Auditor Generals, etc -- and they should never be given immunity by reason of the fact that these were done while they held a particular office. Prosecutors who failed to call important witnesses...who failed to present a proper case... so persons charged get acquitted by reason of their actions/omissions and/or gross negligence should also be liable to the people they serve.

Remember Eric Chia and Kasitah Kadam - both were acquitted because prosecution failed to call material witnesses.

The Eric Chia case...

In his 30-page oral judgment, he went on to fault the prosecution in every aspect of the case, from the way the main charge and alternative charge were proffered right to the tendering of documents, and its failure to call crucial witnesses.

Akhtar said the most glaring setback was the prosecution’s failure to call two material witnesses, who would have been able to confirm whether payment was needed for the technical assistance agreements (TAA) signed between Perwaja Rolling Mill Development and NKK Corporation.

He said former Perwaja company secretary R.R. Durai Rajasingam, who was involved in all Perwaja’s contracts, would have known the actual contents of the TAA.

“Yet the prosecution never called him. The question is why? I see nothing to say that he would be a hostile witness or give evidence against them.”

The judge also questioned the prosecution’s reluctance to call the five Japanese witnesses, including NKK Corporation, Japan, director N. Otani, who was present at the signing of the TAA in Japan in 1993.

“I wonder whether it was the Japanese witnesses who were reluctant or the prosecution was the one reluctant to bring them here,” he said.

Akhtar also said the prosecution’s contention that the TAA was free fell flat in its face when tendering its documents at the trial as they clearly stated that the agreements would be effective upon receiving first payment.

Another document by NKK Corporation not only requested for the payment to be in a lump sum but also stated the amount.

He said the prosecution failed to lead any evidence to show fabrication of that document, which it contended.- Star, 27/6/2007, Eric Chia acquitted of CBT

Now, see the similarities in the Kasitah Gaddam's case...

Former land and cooperative development minister Tan Sri Kasitah Gaddam was acquitted and discharged by the High Court here of committing corrupt practice and cheating involving shares belonging to the Sabah Land Development Board (SLDB) in 1996.

Judge Justice Suraya Othman ruled that the prosecution had failed to establish a prima facie case on both charges for the court to call Kasitah to enter his defence.

“The essential ingredients of both the offences of corrupt practice and cheating were not made out on the facts before the court. In the circumstances, the accused stands acquitted and discharged of both the charges against him,” Suraya said in her 74-page judgment.

Kasitah, 62, was the first Cabinet member to be charged with such crimes....

.

,,,,Kasitah had claimed trial to using his position as SLDB chairman for his financial gain by taking part in the decision to approve a proposal to sell 16.8 million shares held by the board in Sapi Plantations Sdn Bhd to Briskmark Enterprise Sdn Bhd, where he was promised 3.36 million shares in Sapi Plantations on Oct 22, 1996.

On the second charge, Kasitah was alleged to have cheated the SLDB board members by omitting to disclose the offer by PPB Oil Palms Sdn Bhd to allocate five shares of the company for each share of Sapi Plantations in the proposal by company for listing on the KLSE.

He thereby dishonestly induced them to approve the sale of 16.8 million shares held by SLDB in Sapi Plantations to Briskmark Enterprise whereas they would not have approved the sale if they had known about the offer by PPB Oil Palms.

Justice Suraya said the failure of the prosecution in not calling six board members who were present in the meeting was detrimental to the case as it had created a big gap over the question of whether the board members were actually cheated by the accused.

She also said that evidence by lawyer cum board member Catherine Yong was very damaging as she did not indicate that Kasitah had misused his position or influence her or other board members during the meeting.

Besides that, the judge said there was no element of inducement on the part of Kasitah to the board members.- Star, 13/8/2009, Kasitah freed of corruption charges

When you do not have sufficient evidence and necessary witnesses, you must never charge a person in court. And, if you fail to convict, then it is time for Malaysia a law that requires the government to pay COMPENSATION to accussed persons - to compensate their loss of liberty, their costs, etc... 

When it comes to material witnesses, it is normal practice to first record a statement by the witness usually under oath - so, even if there is a sudden change of testimony when he is called, that witness can be challenged with reference to the earlier statements  given. Such witnesses could also be charged in court...

Witness can be summoned through the issuance of subpoenas (court orders) and a failure to comply with the said order can give rise to contempt proceedings taken against such witnesses...

So, why was there a failure to call material witnesses? Was there some order...or some other intervening factor at play that wanted the said accused persons acquitted? Or was it just incompetence, negligence or inexperience on the part of the assigned prosecutors? All we can do is speculate...

See also earlier post:

Kasitah Gaddam & Eric Chia - Prosecution's failure to call witnesses - Was it just incompetence OR....?

Absurd for EC to say come back every 5 years if Malaysians overseas to have right to vote...

Why must a Malaysian citizen be required to come back to Malaysia once every five(5) years to be eligible to vote? The 

“The only condition is (that citizens) must come back to Malaysia at least once in five years before Parliament is dissolved,” he said.

“This is to make sure that they know our political situation well before voting.”

Well, this is absurd for the EC has forgotten that we are in the ICT age, and any Malaysians overseas would really be fully aware of the political situation in Malaysia by just accessing the internet - not only would they have access to on-line version of mainstream media but also alternative media, and even Blogs, social networking sites... to be aware sometimes of the real political situation in the country not just the doctored, biased  and manipulated information  dished out by the main-stream media.

Well for some, coming back to Malaysia once every five(5) years is sometime not a luxury they can afford - money, work/study schedule, etc... are all factors to be considered. 

So, the right for Malaysians overseas to be able to vote should not be denied by such absurd conditions. All Malaysians must be accorded the said right.

Most importantly, they must be given reasonable time and opportunity to cast their votes, and this necessarily means that there must be significant time between nomination day and the day the ballot is cast, giving, of course, time for postal communications to reach the voter, time to consider and decide who to vote for, time to vote, and time for the ballot paper to come back in time to be counted...reasonably, I believe that this means the number of days between nominations and vote counting must at the very least be 21 days... will the EC ensure this?

The other concern, is whether the names and addresses (preferably also email addresses and phone contacts) of all these overseas voters must be provided forthwith on nomination day - this would accord candidates to campaign for the votes of these voters.

M'sians overseas can vote by post, says EC

Lee Way Loon 11:40AM Jul 11, 2012

The Election Commission (EC) today announced that Malaysian citizens living overseas can vote by post come the next general election.

At a media briefing this morning, EC chief Abdul Aziz Mohd Yusof (centre) said the commission is in the midst of preparing the legislative changes to allow overseas Malaysians to vote.

“The only condition is (that citizens) must come back to Malaysia at least once in five years before Parliament is dissolved,” he said.

“This is to make sure that they know our political situation well before voting.”

Aziz said the EC would table the amendments at the next Parliament sitting in September, if this was required.

“The system can be implemented by September if we have to amend the law, but it can be done earlier than that (if legal amendments are not needed).” - Malaysiakini, 11/7/2012, M'sians overseas can vote by post, says EC

 

Surely there are thousands of village heads - how come only 510 came to listen to Najib?

Village Heads and Chiefs - These are all government selected and appointed, not persons who have been democratically elected by their communities. They, in fact, would be best described as Najib's or BN's cronies - and it is a joke to hear Najib telling them not to have their own set of cronies or favorites...Why not? They learn from their 'masters', the people that appoint them - and, of course, they too will develop their own set of cronies. 

If you really want to get rid of cronyism, then you must restore the right and power back to people in the villages, tamans, new villages - and allow them to democratically elect their own leaders. Make sure that there is at least one General Meeting at the Village levels where the leaders and their committees will have to report back to the people as to what they did, and also of course this accounts..

REFORMS NEEDED

Democratic Election of Village Heads and Chiefs, and their executive commitee

Annual General Meetings - Reports, Accounts, Minutes, etc

Elections could be for 2 or maximum 3 year terms

Democratically elected Village Heads and their Committee shall be given monthly allocations of RM1,000, whereby RM500 as allowance for the Head, and the remaining to be spend for the activities of the Committee and the Community - phones, electricity bills, water, Indah Water, Office, internet, etc

With a population of 28 million, given that villages/tamans/new villages have about 5,000 - that means 5,600 Village Heads/Chiefs, and if given RM1,000 per month, it is about RM5.6 million, and that is reasonable..

Now, Najib met 510 village heads and chiefs from all over Peninsular Malaysia - what happened to the rest. Did they boycott the meeting with the PM? Or were only the closest of cronies invited to this meeting? 

Najib: Village chiefs shouldn't play the crony game

Hazlan Zakaria 2:52PM Jul 10, 2012

Village chiefs must stay away from cronyism in order to uplift the image of their institution, said Prime Minister Najib Abdul Razak.

“Do not have factions around you. Do not have people around you (that you favour).

“Don’t put your gang (friends) first. As leaders you must be fair,” he told 510 village heads and chiefs from all over Malaysia in Kuala Lumpur today.

Najib was opening a seminar on how to strengthen the Peninsular Malaysia Association of Village Heads and Chiefs.

The prime minister also called upon the village heads and chiefs to mirror the loyalty that their predecessor once gave to the Malay sultans by serving the present civilian government loyally.

“Village chiefs had served the Sultans and now the present government under the umbrella of the Malay rulers.”

Above being loyal, Najib also wants them to be the conduit between the government and the rakyat in order to explain and implement the policies and programmes of the powers that be.

“You must ensure that it reach all target groups.

“I want village chiefs and heads to support the implementation of the national transformation.”

Stressing his recognition of their vital role in as “father” to local communities and hard work, Najib also agreed to consider rising their allowances and government pay grades.

“About the allowance and others, I understand, I support. Give me time, tomorrow during the cabinet meeting, I and (Minister in the Prime Minister’s Department) Jamil Khir Baharom will table it.

“I shall consult with the Finance Ministry and if it is feasible, I shall announce it when it is time.

“But when, I cannot say... But I hope that when the time comes, you will also help to fulfill my request, too,” he said.

Allocation of RM500,000 for the association

Najib also announced that the government will give an allocation of RM500,000 to the association for its activities, a considerable jump which is more that double from the RM200,000 granted to them last year.

Jamil Khir was also present during the launch of the seminar by Najib, he being one of those who had conducted briefings to the village heads and chiefs.

Fuad Jamaluddin, the president of the association, had earlier asked for an increase of allowances and pay grades for the 528 village heads and chiefs in the peninsular, citing the huge scope of their duties which is considerable as opposed to the meagre RM200 allowance they are currently receiving.

The village heads and chiefs are another electoral segment being approached by Najib as he braces for the upcoming general election, with an event featuring groups almost every week.

Prior to this Najib had held consultations and distributed what is seen to be pre-election goodies to taxi drivers, small and medium scale businesses, students and others. - Malaysiakini, 10/7/2012, Najib: Village chiefs shouldn't play the crony game