So, they hope that HINDRAF joins MIC....and the BN...

Why did we have the rise of HINDRAF .... that saw tens of thousands of Malaysian Indians come into the streets of Kuala Lumpur to join in what the BN-government labelled as 'illegal' assembly. See the Al-Jazeera VDO on the Hindraf Demonstration, that took place on 24/11/2007 in KL (25/11/2007) at the bottom of this blog.

The Indians had so many grieviances - which their 'self-proclaimed representative' MIC (Malaysian Indian Congress) failed to fight for and resolve. It was the failure of the MIC, the so-called representative of Indians in the BN, that had failed to address the many concerns and problems faced by Malaysian Indians - especially the poor.

It is really humourous to find MIC now trying to invite the some of the 'leaders' of this HINDRAF, who just were released from ISA detention....

The MIC has invited Hindraf leaders for possible talks and partnership for unity in the Indian community.

MIC secretary-general Datuk Dr S. Subramaniam said the Indian-based political party was also willing to consider views and suggestions by the banned movement on ways to improve the plight of the community. - Star, 10/5/2009, MIC opens doors to Hindraf leaders

The problem was not just the failing of MIC leaders - that seem to be interested in helping only some Indians, and enriching some other. The BN government's practice of letting MIC do the handing out of monies/goodies that were supposed to reach Indians was really odd. Should not all monies/benefits/opportunities always be channeled to the rakyat by the civil service directly - just like how the fuel subsidy was given.

The bigger problem was the Barisan Nasional itself - for it was no more a real partnership of its component political parties - but an UMNO dominated entity. Who is the No. 1 in BN? Who is the No. 2 in BN? Who is the Secretary in BN? If, not wrong, they all come from BN.

Who is the No. 1 in government - the PM, and the DPM - both from UMNO.

There has been calls for a Chinese DPM and a MCA No. 2 in BN - but nothing happens.

BN still remains an UMNO-dominated coalition of parties, and the MIC, the MCA...and all others are no more 'partners', but seem to have become obedient followers..

How many Prime Ministers and Deputy Prime Ministers have we had from parties other than UMNO? The answer is zero....and it will remain zero. The fact is that UMNO is dominated by Malays - ....and that would be Semenanjung Malays. Will any other Bumiputra be the PM or DPM? The answer again is no.

UMNO is BN, and BN is UMNO - and even when BN claimed victory after GE2008, clearly most of their 'partners' in the BN were missing.

Has there been a change in MIC since GE2008 - it seems not. It is the same President - and the same party.

This call for the HINDRAF 5 ex-ISA detainees to join the MIC is yet another desperate attempt to regain the support of the Indian Malaysians..., and I doubt that even if the 5 do join MIC, the people are not that stupid...

Will HINDRAF leaders be enticed sufficiently to join MIC...the BN. It is a movement that enjoys a lot of support...And certainly, not just MIC but also Najib would be interested in getting Uthayakumar to join BN..

BN has done this in the past with ABIM (that Muslim Youth Movement that had generated a substantial influence and following in the late 70s and early 80's). The BN wooed its leaders and finally succeeded in getting ABIM's No.1 to join UMNO. There were a lot of tears...and 'broken-hearts' amongst the members and supporters of ABIM that day when they saw that Anwar had joined the 'evil' UMNO - but later many members also followed suit and joined UMNO. This, is what they hope will happen to HINDRAF as well, but we shall see...we shall see...

There have been different signals coming from the leaders of HINDRAF (or the so-called leaders of HINDRAF). Some have wanted to contest in by-elections. There have been talk of starting a new political party. There have been talk about being apolitical and fighting for the cause...and we shall see what happens over time...

I believe that we should fight for the poor and the oppressed irrespective of ethnicity, religion or cultural heritage...

I look to the day that ethnic and religious based politics are no more...

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'...

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.

Many 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?

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

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.

“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

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'...

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...

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

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?

Several supporters of blogger Raja Petra Kamaruddin

T-shirt condemning use of ISA on Raja Petra

Visitors to the open house at the buffet spread

Hindraf activists walk orderly in single file through a banquet hall while looking for the prime minister

Abdullah smiles as he greets the activists. Looking on is his wife Jeanne Abdullah and his deputy Najib Abdul Razak

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...

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

Hindraf activist wait for about 30 minutes in line to enter PWTC banquet hall

K Shanti explains Hindraf's Hari Raya card to the police

Police trying to confiscate the card

Hindraf coordinator S Jayathas complains over crumpled card

Hindraf leader in exile P Waythamoorthy's daughter W Vwaishhnnavi holds teddy bear gift for prime minister

Several supporters of blogger Raja Petra Kamaruddin

T-shirt condemning use of ISA on Raja Petra

Visitors to the open house at the buffet spread

Hindraf activists walk orderly in single file through a banquet hall while looking for the prime minister

The activists were stopped some 6 metres away from the prime minister

Abdullah smiles as he greets the activists. Looking on is his wife Jeanne Abdullah and his deputy Najib Abdul Razak

Bloggers pose after accomplishing their mission

Urgent Appeal for release of RPK, HINDRAF 5 and others detained under DWT laws - Let us ACT

Well, here is an Asian Human Rights Commission Urgent Appeal - to procure the immediate and unconditional release of Raja Petra, the Hindraf 5 and all others detained under the ISA.. and also to call for the repeal of the ISA

(If you go to the AHRC website - it makes it very easy to send the Urgent Appeals, as they have an Online Response System, whereby all you need to input is your name, your e-mail and your country, and then just send the appeal letter out..... go to http://www.ahrchk.net/ua/support.php)

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-217-2008

30 September 2008
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MALAYSIA: Blogger is detained without trial

ISSUES: Arbitrary arrest and detention; freedom of opinion and expression; rule of law; criminal justice system
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a Malaysian blogger, arrested by the police on September 12, 2008 under the Internal Security Act (ISA) was given a two-year detention order on September 23. Two others, a journalist and a Member of Parliament who were also arrested on September 12 under the ISA were released after 18 hours and 1 week respectively. Meantime, it is reported that more than 66 persons are currently detained under the ISA which allows the Home Minister to renew the period of detention without limitation.

CASE DETAILS:

Raja Petra Kamaruddin, a political blogger and editor of Malaysia Today, an online alternative media, was arrested on September 12, 2008 under Section 73(1) of the Internal Security Act 1960 (ISA) for allegedly being a threat to security, peace and public order. He is alleged to have published hatred-inciting articles on his blog. He allegedly also posted articles that insulted Islam.

According to Marina Abdullah, Raja Petra's wife who was allowed to see her husband with their two children at the Bukit Aman Police Headquarters on September 16, Raja Petra spoke very softly and looked weak, pale and had lost much weight. He complained to her that he was suffering from lack of sleep because the night before, he was harassed on an hourly basis by officers who recorded statements from him. He further said that while he has not been physically abused he had suffered mentally. Marina said that his blood sugar level had dropped. She also added that her husband suffers from heart artery blockages and is on medication. Raja Petra's lawyers filed a habeas corpus application at the Kuala Lumpur High Court on September 16, seeking his immediate release.

Meanwhile, he received a two-year detention order under Section 8(1) of the ISA on September 23. He has been sent to the Kamunting Detention Centre in Perak where he will be detained for two years or more, depending on the discretion of the Home Minister.

On September 12, 2008, besides Raja Petra, 2 others were also arrested under the ISA but they have since been released.

Ms. Tan Hoon Cheng, a reporter of Sin Chew Daily News was arrested at her home in Taman Permai in Bukit Mertajam at 8:40pm on September 12 and taken to the Bandar Perda Police Station in Seberang Jaya where she was detained under Section 73(1) of the ISA. She was released on September 2008.

Ms. Teresa Kok, an opposition member of Parliament was arrested at 11:18pm on her way back from a Mooncake Festival reception held at her constituency office in Kuala Lumpur. It is reported that three police cars with over 10 officers stopped Kok at the entrance of her condominium and took her away. She was also arrested under Section 73(1) of the ISA. She was later released on September 19.

ADDITIONAL INFORMATION:

The Internal Security Act 1960 (ISA) is one of 3 Detention Without Trial laws. The other 2 laws are Dangerous Drugs (Special Preventive Measures) Act 1985 and the Emergency (Public Order and Prevention of Crime) Ordinance 1969.

Under the ISA, "If the Minister is satisfied that the detention of any person is necessary with a view to preventing him from acting in any manner prejudicial to the security of Malaysia or any part thereof or to the maintenance of essential services therein or to the economic life thereof, he may make an order (hereinafter referred to as a detention order) directing that that person be detained for any period not exceeding two years." (s. 8(1) Internal Security Act 1960)

Those arrested under these preventive detention laws have no right to defend themselves. They have no right to fair and open trial.

Since the amendments to the ISA in 1989, judicial review has been limited to questions of compliance with any procedural requirement in this Act. The Minister also has no obligation to justify or prove the allegations levied against the persons detained under these laws.

It is reported that at least 66 individuals are currently detained under the ISA at the Kamunting Detention Centre in Perak. M Manoharan, Hindu Rights Action Force (Hindraf) legal advisers P Uthayakumar, R Kenghadharan and V Ganabatirau and T Vasantha Kumar were arrested and issued with a two year Detention Order on 13 December 2007. (Please also see AHRC-FUA-001-2008)

Even though the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression in his report on the mission to Malaysia on December 1998 at the then Commission on Human Rights, made the recommendation that "The Government is strongly encouraged to consider taking further steps to fully guarantee the protection of the right to freedom of opinion and expression. These steps should include the repeal of the Internal Security Act ...",(E/CN.4/1999/64/Add.1) the ISA is still being used.

SUGGESTED ACTION:
Please write letters to the government authorities listed below and urge them to immediately release Raja Petra Kamaruddin without condition.

Please be informed that the AHRC has also written to the UN Special Rapporteur on the freedom of opinion and expression calling for an intervention in this case.

To support this appeal, please click here:

SAMPLE LETTER:

Dear _________,

MALAYSIA: Detention without trial of a blogger

Details of victim: Raja Petra Kamaruddin, a political blogger and editor of Malaysia Today, an online alternative media, arrested on September 12; and now being detained under the Internal Security Act 1960 (ISA), a Detention Without Trial law, at the Kamunting Detention Centre in Perak. He was served with a 2-year detention order on September 23.

I am shocked to learn about the arrest and detention of blogger Raja Petra Kamaruddin under the ISA.

I have learned that those arrested under these preventive detention laws have no right to defend themselves. They have no right to fair and open trial.

Under the ISA, "If the Minister is satisfied that the detention of any person is necessary with a view to preventing him from acting in any manner prejudicial to the security of Malaysia or any part thereof or to the maintenance of essential services therein or to the economic life thereof, he may make an order (hereinafter referred to as a detention order) directing that that person be detained for any period not exceeding two years." (s. 8(1) Internal Security Act 1960)

Since the amendments to the ISA in 1989, judicial review has been limited to questions of compliance with any procedural requirement in this Act. The Minister also has no obligation to justify or prove the allegations levied against the persons detained under these laws.

It is reported that at least 66 individuals are currently detained under the ISA at the Kamunting Detention Centre in Perak. M Manoharan, Hindu Rights Action Force (Hindraf) legal advisers P Uthayakumar, R Kenghadharan and V Ganabatirau and T Vasantha Kumar were arrested and issued with a two year Detention Order on 13 December 2007.

I therefore call for the immediate and unconditional release of Raja Petra Kamaruddin and all others who are currently detained under the ISA and all other laws that allow for detention without trial.

I also call on the government of Malaysia to immediately repeal the Internal Security Act and other laws that allow for detention without trial to comply with the recommendations of the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression in his report on the mission to Malaysia on December 1998 at the then Commission on Human Rights.

Yours sincerely,

----
PLEASE SEND YOUR LETTERS TO:

1. Dato' Seri Syed Hamid bin Syed Jaafar Albar
Home Minister
Blok D 2, Parcel D
Pusat Pentadbiran Kerajaan Persekutuan
62546 Putrajaya
MALAYSIA
Fax: +60 3 8889 3854
Tel: +60 3 8886 3299

2. Dato' Seri Abdullah Ahmad Badawi
Prime Minister
Prime Minister's Office Malaysia
Perdana Putra Building
Federal Government Administrative Centre
62502 Putrajaya
MALAYSIA
Tel: +603 8888 6000
Fax: +603 8888 3444
E-mail: ppm@pmo.gov.my

PLEASE ALSO COPY YOUR LETTERS TO:

Tan Sri Abu Talib Othman
Chairperson,
National Human Rights Commission (SUHAKAM)
Tingkat 29, Menara Tun Razak,
Jalan Raja Laut,
50350 Kuala Lumpur
MALAYSIA
Fax: +60 3 2612 5620
Tel: +60 3 2612 5600

Thank you.

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

Confused HINDRAF spouses plea does not dampen struggle to repeal ISA

Now, if you are the spouse of an ISA detainee - then your concern generally is for the immediate and unconditional release of your spouse.

After the release, of your spouse you may not even be bothered to campaign further for the release of the others detained under the ISA or other Detention Without Trial laws... let alone continuing to campaign for the repeal of such laws...

We have to ask ourselves the question whether we were even bothered about those under detention without trial laws before this - before our spouse, friend, acquaintance, our 'leader', our fellow fighter for rights, our church member, our ... was arrested and detained under these laws.

In fact for many, after our 'people' are released - the ISA just is no more a priority. For some, it will be worse - they just become indifferent to it.

Now the police or their agents may be telling family and friends of the detainees - stop the campaigning, stop the protest...etc and then your loved one will be released. They will also say that the continuous campaigns, protest... is actually the cause of your 'loved one' continued detention. STOP it all and they will be released...

This tactic of the police is not unique to the ISA arrests - it is also used commonly by the police whenever they arrest persons. They would say that there is no need for a lawyer - just be patient and the arrested will be released soon after investigations.

If you protest...get a lawyer, etc - then it will be long....it will become complicated...difficult.

If not, it will be settled soon --- and that is the reason WHY many persons, when arrested, do not engage a lawyer as soon as the arrest happens... they(and their families) wait believing the police and hoping for a quick release --- and sometime it does not happen.

And within 24 hours after arrest, when the police take the detainee to the Magistrate to get a remand order, the detainee is most of the time not represented -- and in fact, without contest, the police usually get their way most of the time when it comes to remand applications...

I say, it is very important to engage a lawyer when you get arrested - and choose a lawyer, who is not afraid of the police and who will really fight for the rights of the arrested person. Sadly, there are many lawyers who are afraid of the police or are not interested in challenging the police because they are worried that their 'rice bowl' will be affected..

In Malaysia, sadly most people only start looking for a lawyer after they get charged in court - and that delay is sometimes bad for the person charged.

Not knowing the law, he/she may have done things after their arrest and during detention, which they would not have done if they had early legal advice and representation, may in fact be the very things that will ultimately be the things that will cause them to be found guilty...

Why do they do this? Why do they risk it? Why do they prejudice themselves by their ignorance or by reason of not having a lawyer? To save money - for after all, if I am not charged - then the money spend on a lawyer could have been better spent for other important matters...

I read with interest a recent report in Malaysiakini entitled "ISA detainees' wives: Hindraf has changed"

The struggle of the Hindu Rights Action Force (Hindraf) is different now compared to when it started some 10 months ago under the leadership of the five who are currently under Internal Security Act (ISA) detention, said the wives of two leaders today.

MCPX

Dr M Kalaivani and B Buvaneswary, the wives of K Kenghadharan and V Ganabatirau, respectively, said they were not comfortable with the direction in which the movement has taken.

Speaking at a press conference in Kelana Jaya, Kalaivani said aside from the goal of obtaining the release of the Hindraf leaders, what is of utmost importance is that the Indian community's problems are alleviated.

Both these goals can be affected without rallies planned by those now coordinating Hindraf activities.

On the contrary, they said the rallies may actually serve to harm the chances of the five's release. - Malaysiakini, 26/9/2008 ISA detainees' wives: Hindraf has changed

They want it all to stop - the rallies, the protest --- and the authorities seem to have convinced them if this happens, then, their spouses will be free..., and so 2 spouses call a press conference (which is not that easy to do) and say things that can be very damaging for the HINDRAF movement and struggle...

Commenting on the anti-ISA vigil planned for tomorrow night, she said as long as the organisers have obtained the required permits to ensure the gathering is legal, she appreciates the effort of all quarters to highlight the plight of her husband and other Hindraf leaders.

"If they are going to do it legally, if they've got a permit, I really appreciate the efforts taken by these individuals. The vigil will be peaceful, so I don't think there is anything wrong with it - as long as they do it legally," she said.

Echoing her statements, Buvaneswary said she too disagreed with the planned gathering at Abdullah's Hari Raya open house as it may be detrimental to her husband’s chances of being released.

Contending that the rallies organised after the detention of the Hindraf five had deviated into becoming 'anti-government' rallies, Buvaneswary said they were defeating the purpose of highlighting the problems of the Indian community.

She said her husband had also told her to call for an end to such rallies.

"Who are these people to call for rallies? If our husbands wanted these rallies, their wish would be conveyed through us because we are their wives. What are the Hindraf coordinators trying to do now?"

"If you want the Hindraf five to be released, there are other methods of seeking this," she added.- Malaysiakini, 26/9/2008 ISA detainees' wives: Hindraf has changed

When it comes to the ISA and the Malaysian police - we really have to re-evaluate our perception of the Malaysian police - many think that they are sub-standard and not very good...but this may be far from the truth..

What have the police (and the authorities) achieved to date? They have got the 5 HINDRAF detainees to already go against each other. Recently, we also heard that one of them may even be a police plant - or agent...How good are they...they are 'breaking' the unity of the struggle...doubts about some 'leaders'..

By arresting the 5, they made them 5 HINDRAF leaders - but are they all really the leaders of HINDRAF?? Or is it what the police (and others) managed to get into our minds - i.e. that these are the 5 main leaders of HINDRAF... [Try to remember the HINDRAF movement before the ISA arrests - and ask yourself who were the 'leaders'. then. Were there even any 'leaders'?]

Remember HINDRAF is not a society - not an association - it is a movement of people...a movement of a long-oppressed people..who finally finds the courage to stand up and say "enough is enough".

HINDRAF rose up from the people because those who were supposed to be looking after the interest/needs/rights of the Indian community were not doing their job - the main culprit being the MIC. Temples demolished - and MIC was silent ( silent also was PPP, IPF, ....). When the so-called leaders and self-proclaimed reps failed, the people arised - The cry was "Makkal Sakti" - "People Power".

The numbers that came forth into the streets - and stood there withstanding the water cannons and tear gas...When this happened, other Malaysians, irrespective of ethnicity/religion again gained courage to fight for rights - for a better Malaysia - for change - and hence the results of the 2008 General Elections...

I go back to the news report about the 2 detainees wives - and note that in their eagerness to get their loved ones released, they even go so far to praise and thank the MIC and Samy Velu...

During the press conference, the wives also recorded their appreciation for MIC president S Samy Vellu and other quarters who are pushing for the five's release.

Commenting on the statements by certain quarters who questioned the "integrity and sincerity" of Samy Vellu in declaring he had met with Abdullah and sought the release of the Hindraf leaders, Kalaivani said her family’s only wish was to see her husband's return.

"I'm sure it’s the same for the other detainees as well and we sincerely hope that no individuals would continue questioning the integrity of any leaders or individuals from any party or question why they are asking for the release of our husbands.

"We appreciate the efforts taken by anybody to secure the release of our husbands, ...." - - Malaysiakini, 26/9/2008 ISA detainees' wives: Hindraf has changed

Now, Zaid Ibrahim has set the standard - will the MIC Cabinet members be resigning now - or did they even threathen to resign?

It is sad that the 2 wives (noting that it was not the family members of all 5 detainees) also goes further to state...that all is well and their husbands are being treated well...

Kalaivani said her husband was being treated well and was provided with the necessary medical attention at the Kamunting Detention Centre.

"We would like to thank the government for having looked after my husband well. He has not had any problems with medication so far, and I’m thankful for that," she added. - Malaysiakini, 26/9/2008 ISA detainees' wives: Hindraf has changed

What she did was very wrong - because she has unconsciously painted a picture that all is great in detention in Kamunting. She has also raised doubts about the assertion by ISA detainees about the bad conditions and even 'torture' that they undergo during detention.

Interestingly, during arrest and detention under the ISA - they treat different people differently. I believe Lim Kit Siang, Karpal Singh and Chandra Muzaffar, the Ops Lallang detainees, were not at all tortured and were treated 'well'. On the other hand, others were tortured...

‘

During the first two weeks of my detention, I was interrogated very vigorously by Special Branch officers about my personal faith and my religious activities. I was not allowed sleep for days at a stretch and was warned that I would not get my food if I did not cooperate. One Inspector threatened to disturb my girlfriend ... On one occasion, I was knocked down to the ground and I injured my back. Since then, I have been passing blood in my urine and have suffered pain in my lower back constantly ... On one occasion, Inspector (name withheld) forced me to strip naked and enact the crucifixion of Jesus Christ. [He] also forced me to crawl on the floor in a naked state ...’.

‘The cell was windowless, the only ventilation being some holes in the upper portion of a wall. It was lit by a single light which was kept on all night ... For a full month ... my entire bedding was a thin plywood sheet on a cement slab. I was beaten with a stick about 1cm x 4cm x 120cm on my legs and the soles of my feet several times ... and was also slapped on the face with the back of my hand …’.

‘A police officer put fear in me ... by saying, ‘If I squeeze your balls, how long can you last?’ ... I was also subjected to the cold treatment during interrogations with very cold air directed through louvers onto my head causing me to shiver ... [i] experienced hallucinations and woke up in cold sweat. For two or three nights, I hallucinated that a big cobra was crawling beside me ... It was under such harsh and oppressive circumstances that I was requested to make statements...’.

‘I was forced to stand on a leg with arms outstretched and head bent backwards for long periods until I collapsed onto the floor ... Immediately I was kicked by the police officer to stand up again on one leg, and this was repeated many times ... I was forced to walk blindfolded towards the wall resulting in knocking myself against the wall and this was repeated many times. The police officers stamped on my toes and fingers causing excruciating and prolonged pains. I was subjected to the ‘cold treatment’ which consisted standing in front of a very cold air conditioner either naked or half naked several times ... and on one occasion the police officer had thrown cold water all over me ... I was forced to strip naked. A police officer ... rolled a bundle of newspapers, lit one end and threatened to burn my genitals [by] bringing the lighted end close to my genitals ... A police officer stated that he would ... make sexual advances to my wife ...’. - Charles Hector, Preventive Detention in Malaysia - A Brief Overview, also Malaysia: ‘Operation Lallang’: Detention Without Trial Under the Internal Security Act – Amnesty International (December 1988), Preventive Detention (Restrictions) Laws In Malaysia – an article that was published in ALIRAN on or about December 1994.

YES - this is what they do. Treat persons differently. They may have treated Dr M Kalaivani's husband well - but we all know that Uthayakumar has alleged that he was not treated well at all.

We may get angry at these 2 women - but remember they are spouses - family members - and they really may not know what they have done - how they may have affected the strugle. But remember, they are also the victims of the police and the authorities..

It was great to see that their 'press conference' has not affected the struggle for the repeal of the ISA and for the immidiate and unconditional release of the HINDRAF 5 and the others detained under the ISA..

About 2,000 people staged a peaceful march through the busy streets of Kuala Lumpur tonight calling for the abolishment of Internal Security Act and freeing detainees under the Act

MCPX

Initially, two separate groups - Hindu Rights Action Force (Hindraf) and coalition of NGOs led by the Writer Alliance For Media Independence (Wami) - had initially planned to hold a candlelight vigil at Dataran Merdeka at about 7.30pm.

When they came across a police cordon at Dataran Merdeka, the Hindraf-led group numbering about 500 decided to march to the temple opposite the Puduraya bus terminal about 1km away.

The crowd marched unhindered towards their destinations and gradually the crowd swelled to about 2,000 people from all walks of life, with many carrying candles.

The other group, which was in a procession holding Chinese lanterns, eventually joined up with the Hindraf group.

The police were caught off-guard by the huge turnout. Many media personnel had also remarked that the large crowd was unanticipated as past vigils had been small in number. - Malaysiakini, 27/9/2008 - Anti-ISA vigil turns into peace march

Let us continue to call for the repeal of the ISA... Let us continue the call for the release of not Raja Petra and the HINDRAF 5 ...but for the release of ALL who are being detained under the ISA and other Detention Without Trial Laws..

Come on -- go get Hari Raya cards and send it to each and every person that you know are being detained under the ISA and other Detention Without Trial laws (My earlier posting/s give the address of the Kamunting Detention Centre and also a list of who were know are being detained under the ISA in Kamunting)