Sunday, September 07, 2008

Pregnant Malaysian mum wrongfully detained in Migrant Detention Centre for 11+ months

MALAYSIAN, M. Rajeshvari, 22 years old and six months pregnant was arrested in Brickfields, Kuala Lumpur, and was detained for the past 11 months because the authorities wrongly believed her to be an 'undocumented migrant'. They did 'not believe' her when she said she was a Malaysian.

In October last year, she was later produced in court and thereafter was sent to the depot in Lenggeng in October last year. Lengeng is a Detentention Centre for foreign migrants who entered Malaysia without permission.

She spent 11 agonising months at the Lenggeng Immigration depot for illegals – all allegedly because she could not recall her identity card number and was not fluent in Bahasa Malaysia. This is not acceptable or reasonable.

Finally, she was released now with her 10-month old baby - and thanks to the efforts of Malaysian Indian Youth Council vice-president Andrew Raju, and an un-named staff member in a clinic.

This un-named staff member and Andrew Raju must be commended for their actions that led to an end of a great and shameful injustice that has befallen this women and her CHILD - her now10-month-old son Logekali.

But, how could this happen - and the blame can lie nowhere else BUT on the POLICE, that Judge and the Court, and the Immigration Department.

This was WRONGFUL DETENTION - and I believe that this young mother and her child should immediately be justly compensated by the government - without requiring her to go to court and further hardship to seek justice.

It is an embarassment and a very bad reflection of our own government - detaining wrongfully a Malaysian mother (and child) in a Malaysian Detention Centre for so very wrong...

SEREMBAN: Young mother M. Rajeshvari spent 11 agonising months at the Lenggeng Immigration depot for illegals – all because she could not recall her identity card number and was not fluent in Bahasa Malaysia.

The 22-year-old, who was six months pregnant then, was waiting for a relative at a coffeeshop in Brickfields, Kuala Lumpur, when a raiding police party asked to see her identification card. She could not because she had lost it. Worse, she also forgot the IC number.

With only primary school education and speaking a smattering of Bahasa Malaysia, she failed to convince the authorities she was Malaysian. They suspected her to be a Sri Lankan immigrant.

Recalling bad memories: Rajeshvari talking about her experience at the Lenggeng Immigration depot. With her is her son Logekali and Raju.

Making matters worse, she could only give the officers sketchy details of her background.

Rajeshvari, who is from Penang and was jobless when she was detained, was later produced in court and eventually sent to the depot in Lenggeng in October last year.

She was unable to seek help from relatives because of estranged family ties. Her family members also did not attempt to look for her.

She was finally released from the detention camp on Friday evening, carrying her 10-month-old son Logekali.

Rajeshvari’s lucky release happened because a staff member at a clinic where Logekali was treated for food poisoning last week had alerted Malaysian Indian Youth Council vice-president Andrew Raju.

“After my arrest, I kept telling the authorities I was Malaysian but no one believed me,” said a tearful Rajeshvari.

Raju, when met outside the depot, said the officers did not pursue her case further as Rajeshvari could not give the right IC number or her parents’ address.

“In the beginning, I also had a hard time checking her out because the information she gave turned out to be dead ends, until she recalled her primary school,” he said.

Raju then contacted the school’s principal in Kampar in Perak, who managed to trace Rajeshvari’s birth certificate number.

Raju then went to the National Registration Department in Putrajaya to get a letter confirming Rajeshvari’s citizenship.

“It has been stressful running around to the various departments. But it is worth it when both mother and son are finally free,” he said.

Rajeshvari said she wanted to put the nightmare behind and start afresh with her baby. - Star, 7/9/2008 -Malaysian spends 11 months at depot for illegals

I do not think an apology by Abdullah Ahmad Badawi (PM) or Mohd Najib Razak (DPM) or the Ketua Pengarah Immigresen or the IGP or the Head of the Malaysian Judiciary responsible for the court would suffice....

This woman and her child must NOW be adequately compensated financially for her loss of liberty (and for the loss of liberty of her child) and the sufferings that they have suffered and will suffer in the future.

In terms, of compensation for wrongful detention - in Australia almost AUD1 million was paid out to 11 persons last year by settlement - and that would work out to be about AUD100,000 per person. And there, the wrongful detention may have been for a few days or 3 weeks the most.

In our case mother and child was arrested and detained, I believe for about 12-13 months. When arrested, she was 6 months pregnant - when released at last, she walks out with a 10-month old baby.

Therefore, I would say that besides the apologies, the government of Malaysia must now pay in compensation to this mother and child the sum of at least about AUD2 million or RM6 million.

The Federal Government admits it has paid almost $1 million in compensation to 11 people held in wrongful detention, including an Australian citizen. Figures released yesterday suggest the Government faces further payments of millions of dollars.

Since 1993 11 citizens from nine countries - Afghanistan, Australia, Bangladesh, China, Fiji, France, Malaysia, South Korea and Britain - have been paid compensation for wrongful detention.

That does not include Cornelia Rau, the Australian resident detained for months by immigration authorities, or Vivian Alvarez Solon, the Australian citizen wrongly deported to the Philippines in 2001.

On average the 11 people were paid nearly $84,000 for their wrongful detention in confidential settlements.

The total paid was $920,000, according to answers to questions from the Greens senator Kerry Nettle during Senate estimates hearings in May....

...Some of the 11 cases have already been publicly aired, even though confidentiality clauses are standard on settlements for wrongful detention.

Mohamadou Sacko, a Frenchman, received $25,000 after being detained for several days on suspicion of carrying a false passport. A Korean on a visitor visa working on a fruit farm was held at Baxter detention centre for at least a week before it was realised she was here lawfully.- The Sydney Morning Herald, 17/8/2008 - Detention's $1m damage trail

Now, it does happens that persons get wrongfully arrested and detained - but the important thing is that the Malaysian government also do start immediately paying out compensation without requiring persons to have to take the matter to court to get their just compensation for what is clearly acts of negligence on the part of the government.

Concerned lay person Andrew Raju was able to invetigate and provide evidence of the truth - so there really is no justification for police, court, immigration officers, etc ....wrongfully detaining this pregnant Malaysian women, forcing her to have her baby in detention, causing this Malaysian baby to be born in detention and live out the first 10 months in a detention centre - compensate her now..


Our university standards are dropping faster during Badawi's reign

According to the World University Rankings 2007, the top 3 Malaysian Universities are:-
246 - Universiti Malaya,
307 - Universiti Sains Malaysia
309 - Universiti Kebangsaan Malaysia

In 2004, Universiti Malaya was No. 89 in World University Rankings (The Times Education Supplement, November 2004) and we see that in 2007 it has fallen to 246. This again is yet another failure of the BN government under the present Prime Minister Abdullah Ahmad Badawi.

As a comparison, good also to know the ranking of some of the other universities in ASEAN...
33 - National University of Singapore
69 - Nanyang Technological University, Singapore
223 - Chulalongkorn University, Thailand
284 - Mahidol University

So, really what is all this hoo...hah about APEX University - and how University Sains Malaysia(USM) have been chosen as the APEX university.

Really, it has got nothing to do with any international ranking - it is just the University selected by our Malaysian Cabinet - as the university which will get a lot of money so that that rise higher in the World University Rankings...

University Malaya is currently ranked better than USM - so has the choice of USM got anything to do with the fact that the current Prime Minister hails from Penang? [In fact, Anwar Ibrahim, the posible next PM also comes from Penang]

PUTRAJAYA: Universiti Sains Malaysia (USM) has been granted apex status. With it, USM can expect hundreds of millions of ringgit in additional funding to transform it into Malaysia's first world-class university.

Higher Education Minister Datuk Seri Mohamed Khaled Nordin said that quantitative and qualitative criteria were used to select USM under the accelerated programme for excellence (apex).

Announcement time: Khaled flanked by deputies Dr Hou Kok Chung (right) and Datuk Idris Haron with a copy of the statement announcing USM as the country's first apex university.

“The selection committee evaluated each university's state of readiness, transformation plan and preparedness for change.

“After a thorough evaluation, the committee decided that only one university truly met all the criteria, namely USM,'' he told a press conference yesterday.

The Cabinet had agreed to USM being given the apex status on Aug 27....- Star, 4/9/2008 - USM get apex status.

I wonder whether the idea of giving so much money to one University in Malaysia so that it moves up the world ranking is a good idea. Should not our target be improving the standards of all of the main Malaysian Universities?

The university that is given apex status is one that has the greatest potential among Malaysian universities to be world-class, and as such, would be given additional assistance to compete with top-ranked global institutions, added Khaled.

He said with apex status, USM will be expected to move up the World University Rankings with a target of top 200 in five years' and top 100, if not top 50, by 2020.

In last year’s Times Higher Education-QS World University Rankings, Universiti Malaya (UM) was the highest ranked Malaysian university at 246, followed by USM (307), Universiti Kebangsaan Malaysia (309) and Universiti Putra Malaysia (364).- Star, 4/9/2008 - USM get apex status.


See...how low we have dropping in the rankings during the reign of Abdullah Ahmad Badawi. In 2004, University Malaya was in the top 100 - ranked 89. 3 years later in 2007, it sits at number 246...

Threat to use ISA against Raja Petra unacceptable, says MADPET

MEDIA STATEMENT

HOME MINISTER’S THREAT TO USE ISA AGAINST BLOGGER DEPLORABLE
- Repeal ISA and release all held under Detention Without Trial Laws -

MADPET (Malaysians Against Death Penalty and Torture) is disturbed by the statement of the Malaysian Home Minister Syed Hamid Albar that the Internal Security Act (ISA) may be used against "Malaysia-Today" blogger Raja Petra Kamaruddin for his comments on the blog which allegedly insulted Islam and Prophet Muhammad. (Bernama report, 5/9/2008 - ISA Can Be Used On Raja Petra, Says Syed Hamid)

It is shocking that the government still chooses to resort to draconian and unjust detention without trial laws like the ISA which do not accord the victim the right to defend himself or a fair and open trial. Clearly the government has not heard the message delivered by the people of Malaysian at the recent general elections.

If what Raja Petra Kamaruddin did was an offence, then charge him. Do not threaten the usage of this ISA or other Detention Without Trial Laws.

MADPET reiterates its call for the abolition of the ISA and all other laws that allow for Detention Without Trial.

MADPET also reiterates its call for the immediate and unconditional release of P. Uthayakumar, M. Manoharan and all those currently detained under the Internal Security Act (ISA) and other laws that allow for detention without trial.

Charles Hector
for Malaysians Against Death Penalty and Torture (MADPET)
6th September 2008

** To look at the relevant Bernama & Malaysiakini reports, do visit the MADPET Blog [http://madpet06.blogspot.com/]

Saturday, September 06, 2008

All Malaysians are migrants ultimately, Saudara Ahmad Ismail

Did Anwar Ibrahim, PKR, PAS and the Pakatan Rakyat come out strongly against what was allegedly said by that Bukit Bendera Umno chief Ahmad Ismail about Malaysian Chinese....It is very very important for the 'other than Malaysian of Chinese descendancy' to also come out very strongly on these issues.
Bukit Bendera Umno division chief Datuk Ahmad Ismail had called the Chinese pendatang (immigrants) at a ceramah prior to the Permatang Pauh by-election. - Star Online, 3/9/2008,Najib: Umno apologises
Reading out a 16-page statement, Ahmad recollected his by-election rally speech and did not deny it contained the statement that “Chinese were immigrants squatting in this country”. - Malaysiakini, 5/9/2008, Penang Umno backs Ahmad, snubs Pak Lah
We all know that our DPM, Mohd Najib Razak, did come out and apologize for and on behalf of UMNO
Umno deputy president Datuk Seri Najib Tun Razak has apologised for the statement made by one of the party's division leaders which resulted in a lot of criticism from the Chinese community.

“We will apologise. Umno apologises,” he told a press conference after launching the Chery Eastar multi-purpose vehicle at a hotel here yesterday.

“It (The comment) was totally unwarranted and doesn’t reflect the position and attitude of Umno or the leadership of Umno. We regret it very much,” he said. - Star Online, 3/9/2008,Najib: Umno apologises

We all know that even Prime Minister Abdullah Ahmad Badawi had said "I’ll make sure to tell him not to use it again"

Datuk Seri Abdullah Ahmad Badawi will personally see to it that Bukit Bendera Umno chief Datuk Ahmad Ismail does not repeat his remarks about the Chinese community.

“I will tell him not to do it again. You know in a campaign all sorts of things can come up. I don’t think he meant it. I’ll make sure to tell him not to use it again,” the Prime Minister said after chairing the Bertam Umno division meeting yesterday.

Ahmad had allegedly called the Chinese pendatang (immigrants) and was also reported to have said that “as the Chinese were only immigrants it was impossible to achieve equal rights amongst races” during a ceramah in Permatang Pauh in Aug 25.

He had allegedly uttered the remarks in the presence of Deputy Prime Minister Datuk Seri Najib Tun Razak. - Star, 31/8/2008 -Ahmad didn’t mean it, says Abdullah

I just read the Malaysiakini report 'Penang Umno backs Ahmad, snubs Pak Lah', and am very disturbed by this new turn of events about this whole issue surrounding alleged words used by the said Ahmad Ismail

Backed by all 13 Umno divisions from Penang, the embattled Bukit Bendera Umno division chief Ahmad Ismail today fervently defended his stand not to apologise for his alleged racist remarks against the Chinese community.

MCPX
All Penang Umno divisions, including Prime Minister and Umno president Abdullah Ahmad Badawi's Kepala Batas, fully supported Ahmad's stance, which erupted into a national furore since last week. - Malaysiakini, 5/9/2008 Penang Umno backs Ahmad, snubs Pak Lah
He also did issue a 16-page statement, which you can read in Malaysiakini at http://www.malaysiakini.com/doc/ahmad_ismail.php.

While I agree, that maybe injustice has been done to the said Ahmad Ismail by the media - with him not really been given the chance to respond and clarify earlier, I must state that there are many things in that current statement which is really unbecoming of an UMNO leader after 51 years of Independence. The statement only fuels divisions rather that forging unity of the Malaysian people.

At the same time, I do not think that Najib (who apparently was there when the remarks were made) would not have apologized if what had come out in the media was not true.
He had allegedly uttered the remarks in the presence of Deputy Prime Minister Datuk Seri Najib Tun Razak. - Star, 31/8/2008 -Ahmad didn’t mean it, says Abdullah
It is very important NOW that Anwar Ibrahim, the PKR, PAS and Pakatan Rakyat also respond strongly to this new statement, more so since it is coming from a person allegedly a Malay Muslim and the statement refers to Malaysian Chinese. If only the Malaysian leaders from the Chinese ethnic groups respond - it may provide an opportunity to cause a rift that may be exploited to even declare an emergency in light of threat of change of government by September 16.

Let not it be a fight between one ethnic group and another BUT rather between concerned progressive mature Malaysians against other conservative 'racial' divisive Malaysians.

We also wait and see how that Barisan Nasional (and/or UMNO) will react to what this minor UMNO member said about the President of one of the major BN parties.

Ahmad Ismail also forgets that human persons and migration is something that has always been happening. At the end of the day, we can only talk about who migrated here first, and who came later. Of course, the first people of Malaysia were the Orang Asli (Temuan, Negrito, Mah Meri, etc...) and in fact they are still the most impoverished and oppressed of the different Malaysian ethnic groups. Borders were created and changed from time to time - and at the end of the day, it was the colonial powers that ended up deciding where the borders are - and many a times, these are not at all the natural borders.

There has been so much of movement - so much so it is becoming more and more difficult to identify persons as being pure this ethnic group or that. Different ethnic groups have mixed - and today, we are more Malaysian than any ethnic group. Our Prime Minister is married to a Eurasian, a former Catholic Christian... Our former Prime Minister was said to have Malayalee blood flowing through his veins. We have so many in the West Coast who are Indonesian descendants..and in the North, there are many with Thai blood.

After 51 years, we must be talking about Malaysians - just Malaysians.

UNITY under a single Nation - one people should be the priority.

Friday, September 05, 2008

Where is the money to finance overseas trip for BN MPs coming from?

My concern is not so much the timing of the trip -- but as to who is paying for the trip.

Is it the Backbenchers Club (BBC) ? If so, where are they getting their funds from? Do members of the BBC, who are those BN MPs who are not in Cabinet, paying money to the funds of the BBC? Oh yes - Is the BBC a registered club?

Now...now, it would not be right for BN MPs themselves to be members of an unregistered association, would it now? Joking...of course.

I believe in freedom of association - and by that I believe that there is no necessity for any group of persons to get the approval of any government or government body to form and be part of an association, society, club, etc...?

This need for approval and registration has prevented the emergence of many NEW political parties in Malaysia - PSM, I believe is yet to get its registration. No registration - means no new branches - no new members....etc

Creation of hurdles to the freedom of association, Approval & registration requirement ...of new organisations is a means that the BN government has use to prevent the rise of NEW challegers to its political dominance for so long.....

The destination of the tour, the actual start date and duration have not been finalised yet as the suggestions were only made a couple of days ago.

The trip, which is to take place over an undetermined period between Sept 7 to 19, will be fully paid by the BBC - an organisation representing government MPs. - Malaysiakini, 5/9/2008 - Trip not aimed to derail Sept 16 defections

REAL protection of rights in law will end abuse of workers

There are 2.2 million foreign migrant workers in Malaysia today, and our government again and again talks about reducing the number of migrant workers....but alas, it is just talk.

Every year, we have this large scale crack-downs and deportations - and then we have the employers here and there talking about labour shortages - and the doors are re-opened for more foreign migrant workers to again re-enter the country.

The arrest and deportation exercise, I believe, is to appease the local Malaysian people. So much of our money is wasted.

If only, the employers, and not the poor workers, were targeted - not only would money be saved but also the employment problems may be resolved.

Previously, employer companies had to apply for permission to employ migrant workers. After they obtain the requisite permission, they then proceed to get the migrant workers, and enter into employment agreements with these migrant worker. The sending countries usually have standard agreements that must be used - and these agreements very clearly specify rights and obligations.

Then some years back, the government started allowing 'outsourcing companies' to bring in foreign migrant workers. These companies do not have jobs for these workers - so many migrant workers who had paid so much money to agents, for fees, etc end up in the country only to find that there are no jobs - no employers - no wages. Some of these 'outsourcing companies' just abandon them... If there are no jobs, the workers would not get their 'work permits' (Pas Lawatan (Kerja Sementara), etc...)

When in desperation, the migrant workers seek their own employment, and get arrested by them RELA gangs, charged, convicted, whipped and deported..

Very little is done to these guilty 'outsourcing companies' - and even if these companies were blacklisted - all their shareholders/directors need do is set up a new company and get back into business...

Things that should be done is that we need to get rid of these outsourcing companies - and insist that the local employer company have to enter standard employment agreements with their workers before bringing them into the country.

There must be laws making it very clear that it is the employer that has to pay for everything, including levy and all other fees, and the worker's wages are not subsequently deducted by the employer who try to get back all the fees/levy he spend for the worker.

The law is clear about lawful deductions - and that does not include levy, fees, etc - and the Human Resources Ministry must ensure that these 'unlawful' deductions currently practiced by some are stopped.

And if outsourcing compnaies are allowed to continue to exist, they must be made liable to pay the migrant workers they bring in the agreed monthly salary every month, irrespective of whether they find these workers jobs or not. And, if they cannot find these workers job, these companies should be required in law to pay these workers as compensation at the very least salary for 24 months, and to also pay for their travel back to their home country.

Migrant workers must also be given the right to change employers - etc..

Many employers go for foreign migrant labour because they can 'control' them - in fact treat them like 'slaves'. If they are unhappy, it is so easy to just revoke visas, and get them arrested and deported... When migrant workers go to the Labour Department to complain about non-payment of wages, etc - employers so easily can get rid of these workers completely.

Even if migrant workers are tortured, they have at present no choice of leaving this employer and going to another - their only options now is to suffer quietly with their current employer OR be ready to be sent back... Remember, many migrant workers took loans to pay all the fees/charges to come over here to Malaysia to work. So, going back is not an option.

It is their reality that allows employers to abuse them and deny them of many rights, and this must end.

At present, there are remedies in law - but the problem is that the system and practice now makes it near impossible for migrant workers to get these remedies. For local workers, it is easy, because they could be working for another whilst they pursue justice against their former employer..

Unless, they are allowed to work with other employers (or at least stay in proper shelters with food and board provided as is practiced in Hong Kong), the dismissed employee with no income is and will continue to be a victim of human rights.

If there is going to be amendments to the law, then the rights of migrants and their access to remedies of justice must be addressed.

With regard to domestic workers, their current exclusion in law (the Employment Act) from the enjoyment of the basic rights/protection accorded a a worker in Malaysia must be removed.

In fact, there must also be provisions in law as to their rights considering the very nature of their working environment. They should have to work for no more than 8 hours per day. They should have the freedom of movement - and the right to communicate with the outside world. They should have at least one day off per week....

If the government does this, employers will really review their current practice of employment of migrant workers. It is the ability to exploit and control that makes many local companies prefer the employment of foreign workers rather than local workers.

Also, we need a basic minimum wage - which shall be applicable to both migrant and local workers..

Employment Act to be amended to reduce dependence on foreigners
By V.P. SUJATA

PUTRAJAYA: The Employment Act and the Workers' Compensation Act will be amended to reduce the dependency on foreign workers.

Human Resources Minister Datuk Dr S. Subramaniam said the amendments are expected to be tabled in Parliament by December after getting the go-ahead from the Cabinet.

With the amendments, employers would be required to notify the ministry of vacancies and justify the need to employ foreign workers about one month prior to submitting the application for foreign workers, he said.

He added that outsourcing companies have to register with the ministry the exact number of workers that was needed to ensure there was no glut in the country.

There had been cases where outsourcing companies had brought foreigners into the country first without ready jobs and had later placed them with jobs, he said.

"Outsourcing companies will be regulated based on this new system," he told reporters here on Thursday after a meeting with Home Minister Datuk Seri Syed Hamid Albar at the Home Ministry to discuss matters pertaining to foreign workers in the country.

Dr Subramaniam added that housemaids who were earlier exempted from insurance coverage would be included to get protection from their employers as part of the planned amendments.

"Maids were earlier given exemption because we thought employers would automatically take care of their welfare but now since it has been found to be otherwise, the exemption clause would be removed," he said.

Dr Subramaniam also said that he was discussing with the Ministry of International Trade and Industry to give his ministry two years notice prior to the setting up of factories to ensure there was a pool of trained locals to fill vacancies.

The ministry, he said, had the database of unemployed and skilled Malaysian workers as well as conducted skills training to meet the local demand and to maximise the availability of local workers.

Syed Hamid said both ministries were working hand-in-hand to reduce the number of foreign workers in the country from the current 2.2 million to 1.8 million by the year 2010 as planned under the midterm review of the Ninth Malaysia Plan. - Star, 4/9/2008,Employment Act to be amended to reduce dependence on foreigners

Thursday, September 04, 2008

Anwar and PR must apologize for 'racist' conducts

4 persons were just appointed as members of Board of Universiti Industri Selangor (Unisel), which is wholly owned by the Selangor government - now the Selangor Pakatan Rakyat government.

The 4 and the rest of the remaining Board members are apparently all Muslims...and are all apparently from the Malay ethnic group.

Shocking that the various other BN parties like the MCA, MIC, PPP, GERAKAN, etc.... in the BN did not raise the matter of the composition of the Board of this State-owned institution of Higher Learning - for it clearly does not reflect at all the multi-racial, multi-religious, multi-cultural composition of the Malaysian people - of the people of Selangor.

But, this new appointment of the 4 was during the reign of the Pakatan Rakyat - a coalition between PKR, DAP and PAS (maybe also now PSM if they already have their registration) - and it just propagated the practice of UMNO-led BN.

Sadly, no one from the Pakatan Rakyat...not even the DAP, or that ever vocal and brave Lim Kit Siang, or even Anwar himself, do anything or even comment about this appointment of yet another 4 persons of apparently Muslim faith and Malay ethnicity.

I do not advocate racial or religious quota systems - and I await for an announcement or a comment from the MB or the Selangor State Exco that these appointments were not at all based on ethnicity or religion BUT on merit - on the fact that they were the best for the job... (If that was the case, I would be so happy..)

Wonder whether UNISEL practices any quotas as far as its student intake is concerned, or in the composition of its academics, or when deans and head of departments are selected and appointed. I wonder whether it is "best person for the job" that is the consideration - or whether it is religion, ethnicity and/or political affliation/s.

Remember the PKR...the Pakatan Rakyat is (or was) very strong on the issue of abolition of ethnic/race/religious based quota - and the need to move to socio-economic quotas which will see preferences in favour of the poor, the marginalized, possibly in favour of those from rural areas/small townships, etc...

BUT the question is whether in matters where they already do have the power to implement this new way of looking and dealing with the Malaysian people, have they done so....

Are the Pakatan Rakyat also propagating a race-based politics just like the BN -- or is it going to be different?

Now, that we are in this period calling for apologies for 'racist' behaviours and conducts...

I believe that Anwar Ibrahim and the Pakatan Rakyat must also apologize for what happened in the appointment of new Board members of UNISEL - or at the very least explain their apparently racist behaviour and conduct so that we can understand.

I also looked at the PKNS, and the other Selangor State owned company - and the same phenomena is seen with regard to Board members, etc.. (There is only 1 and the same Chinese woman in the Board of PKNS and some of its subsidiaries/related companies. Maybe, she is the accountant....mmm).

I also note that all heads of Local Councils and Mayors in Selangor are of the same ethnic and religious group... not at all very good.

We take great issue when people refer to some ethnic groups as not being equal Malaysians - but at the same time, many of us do not behave like we are equals as Malaysians.... and sometimes that also includes our politicians and NGO leaders...

Wonder why the always vocal Lim Kit Siang and other DAP members also never took up this issues, which, on the face of it, is also "racist" conduct.

Why did they consent to it by their silence? (I did also earlier highlight this in my Blog and my e-mail postings...)

Remember the perception of being different from the BN is all so important...we do not want to enter a new era in Malaysia where there will still be the supremacy of any single ethnic group.

Remember if certain Malaysians, still consider themselves after 51 years of independence still "guest citizens", or ("second-class citizens") and not full citizens - old ways of doing things will still continue. The blame for how things are now, and in the future, cannot just be placed on the other citizen but also on the you, who still behave as though you are just "guest citizens", or ("second-class citizens").

I have seen many a fierce proponent of rights when he is amongst people of his own ethnic/religious groups transforming into pathetic "yes man" to the removal of rights in the presence of persons from some other ethnic groups - how sad...how sad.

The first liberation that we must have is the liberation of our ownselves - from our own prejudices and old ways.

The British colonialist, and the post-colonial Alliance coalition(which did later change its name to BN) have succeeded in creating a mindset that not all people are equal - and that some are more equal than others.

And the people 'more equal than others' is not those of some royal blood line...but of some particular ethnic background and religion.

This 'brainwashing' seems to have worked - and today, many, even the bravest of our 'progressives', fall prey to this unjust norm and crap mindset most of the times consciously, but some times unconsciously.

Breaking of norms is never easy. Example of this is the election by the people of Senators - a posibility, even there in our Constitution, but alas the REFORMASI governments of the 5 States would still just appoint silently their Senators without consultation with the people. A referendum could very easily be done to identify the preferred candidates for Senatorship - if the State still did not (or could not) go for Senate Elections.

Doing away with the Identity Card - this again will see massive resistance from the people. The 'dog-tag' for humans was introduced as a means of control. There are many countries, even Britain itself, that do not have any such 'Identity Cards'. Malaysians today will most likely oppose vehemently any proposal to do away with this 'dog tag'.

A new dawn is coming for Malaysia - but alas current BN propagated 'norms' and ways of doing things may still remain.

After all the call was just for "REFORMASI" or reformation - not transformation or revolution. And that word implies really an improving of already existing things - a painting of the wall a slightly different colour, and not the changing of the whole house design by the tearing down of old walls.

As we approach the day when there is a new government, we need to be even more vigilant to ensure that we get real changes in Malaysia - not just changes of persons in positions only.

Najib should also apologize about "illegitimate" temples comment by DBKL

Very good that Najib has apologized - and this must also be followed with actions that will show that the apology is sincere. The speaker of those words must also apologize now... and Malaysia is waiting for it..

Umno deputy president Datuk Seri Najib Tun Razak has apologised for the statement made by one of the party's division leaders which resulted in a lot of criticism from the Chinese community.

“We will apologise. Umno apologises,” he told a press conference after launching the Chery Eastar multi-purpose vehicle at a hotel here yesterday.

“It (The comment) was totally unwarranted and doesn’t reflect the position and attitude of Umno or the leadership of Umno. We regret it very much,” he said. - Star Online, 3/9/2008,Najib: Umno apologises


The Malaysian Hindus also are awaiting an apology from the PM, DPM, DBKL and the BN government for the "missing temples", which are now existing and have existed for many many years, in the KL Draft Plan 2020. To make it worse, DBKL calls these existing temples as "illegitimate"...

This treatment of Malaysian Hindus was, in my opinion, even more worse that the name calling of Malaysian of Chinese ancestry by an UMNO Division leader.

Bukit Bendera Umno division chief Datuk Ahmad Ismail had called the Chinese pendatang (immigrants) at a ceramah prior to the Permatang Pauh by-election. - Star Online, 3/9/2008,Najib: Umno apologises

With regard the now existing temples and crematoriums in Kuala Lumpur, that is not there in the 2020 KL Draft Plan, a matter that was raised by Hindu Sangam - not even any of the MPs of KL.

HINDU temples and the crematorium in the Kuala Lumpur area had been left out in the draft of the Kuala Lumpur Structure Plan by City Hall recently, according to Malaysian Hindu Sangam president A. Vaithilingam, the Malaysia Nanban said in a front page report.

He said that it was disheartening to note that the names of some temples in the Pudu area had been left out and nothing had been stated about the crematorium in Jalan Loke Yew.

He said that it was not proper for the authorities to remove the crematorium in the name of development.

He said the non-allocation of places for the Indian community to conduct religious rites for the dead reflected City Hall's insensitivity towards the Indian community.

He said that a meeting had been scheduled to be held on Tuesday at the Auditorium Tan Sri Soma in Kuala Lumpur to discuss the flaws and the recommendations to be made to City Hall. - Star, 18/8/2008 -Temples left out in draft plan

And the response that came from the DBKL was that it was left out because it was not legitimate , i.e. illegitimate...

How could the DBKL call temples that have existed for so long in Kuala Lumpur illegitimate, and this apparently also includes the Paranjothy Vinayagar temple in Jalan Ipoh and the Courthill Vinayagar Temple in Jalan Pudu. Are you also going further and say that the prayers, devotion and worship done was also "illegitimate"

There has been concern that over 100 Hindu temples and two crematoriums were not included in the draft plan.

The concerns were raised by the Malaysian Hindu Sangam which has asked temple representatives to submit their objections on the draft plan.

According to Vaithilingam, among the Hindu temples not included in the draft plan are the Paranjothy Vinayagar temple in Jalan Ipoh and the Courthill Vinayagar Temple in Jalan Pudu. - Star, 28/8/2008, Temples included in draft KL plan

Illegitimate Mosque....illegitimate church...illegitimate surau....how could the DBKL use the word Legitimate or "illegitimate" for Temples and places of worship of Malaysian people...

LEGITIMATE places of worship are definitely included in the Draft Kuala Lumpur City Plan 2020.

According to Kuala Lumpur City Council (DBKL) master plan department director Zainab Mohd Ghazali, if the places of worship are on legitimate sites with approval, then they will automatically be included in the plan.

“A place of worship, such as a temple, has to be on specific land area and it should not be on curbs or at the side of the road because our plan is based on lots,” she said.- Star, 28/8/2008, Temples included in draft KL plan


The DBKL, and in fact authorities elsewhere in Malaysia should now immediately "legitamize" all churches, temples, kuils, suraus, mosques, chapels where ever they are today - the authorities should be proactive.

And, if there are places of worship or religious sites (including cemetries, crematorium, other resting places, etc...) that has not been recognized as such yet by the 'government', then it must be done so immediately - and if there needs to be any 're-location', then it can only be done with the approval and consent of the persons using it.

How long it has been in that location, is of course, a very relevant consideration - and I believe that if it was in existence more than 10 years, it should not be anymore considered "illegitimate" or "illegal" anymore.

When you tell me that my place of worship...my religious site is "illigitimate" - you have insulted me, and rightly you should apologize...

Respect me... respect my religion... respect my belief... respect my places of worship - that is the Malaysian way.

Wednesday, September 03, 2008

A Peoples' Victory - more than a Pakatan Rakyat victory..

The myth was broken in March when GE2008 results was announced..

What was previously unthinkable happened.... i.e. Selangor fell to the Opposition, Penang fell to the Opposition, Perak fell to the Opposition (There was no real surprise about the fall of Kedah - it has been expected for a long time...shocking was the fact that Trengganu did not fall).

All Malaysians have grown up thinking and believing that no one other than the Barisan Nasional can rule Malaysia...and that is what is falling...falling...and we may be seeing soon Malaysia being ruled by not an UMNO-led coalition, not the Barisan Nasional, .... Malaysia will be ruled by a new coalition of parties called Pakatan Rakyat come September 16.

This is and will be a great moment in the life of Malaysia - gone will be the myth that no one other than the BN can rule.

Gone too will be the myth that we need race based parties to be the base of any political coalitions..

Gone will be the myth that without the UMNO-MCA-MIC partnership, there will be chaos and trouble in multi-racial, multi-religious Malaysia..

Now, it will be really good if the BN (as it was) or the reformed BN remains there, so that Malaysians will always have at least TWO options - the Pakatan Rakyat on one side, and the Barisan Nasional in the other.

The people will then be victors - and we can look forward to politicians and political parties (or coalitions) labouring and performing their best for the good of the people of Malaysia - always worried that a less than their best effort may lead to their defeat in the coming General Elections.

It shall be a peoples' victory - not a victory of political parties or political coalitions.

Tuesday, September 02, 2008

Resign, Dissolve Parliament or Emergency Rule - Options for "outgoing" PM??

As September 16 draws near, the talk is whether Pakatan Rakyat would be able to form the government on or immediately after 16/9/2008 - or whether this all just another Anwar and Pakatan Rakyat 'spin' --- or an 'unachievable aspiration'.

Now, within the BN, the 2 SAPP Members of Parliament have already taken the stand that they do not anymore have confidence in this Prime Minister...and yes, the question really is not whether MPs jump parties or not ...but whether they still have confidence in this Prime Minister - Abdullah Ahmad Badawi of the UMNO party - the Barisan Nasional coalition.

Article 43(4) of the Federal Constitution is rather clear about this:-
If the Prime Minister ceases to command the confidence of the majority of the members of the House of Representatives, then, unless at his request the Yang di-pertuan Agong dissolves Parliament, the Prime Minister, shall tender the resignation of the Cabinet.
We already know that there are others within the BN coalition also do not anymore have confidence in this Prime Minister...

Even Mukriz and Ku Li have been vocally calling for Badawi to step down...

So, come September 16 - there need not even be "party hopping" - all that is required is for the majority of the MP to declare that they do not anymore have any confidence in the present PM - and maybe at the same time also declare that they now support and have confidence in some other like Anwar Ibrahim to be the Prime Minister..

If that happens - then Abdullah Ahmad Badawi has 3 choices:-

a) Gracefully tender his and the Cabinet's resignation ( Art. 43(4) Federal Constitution)

b) "..request the Yang di-pertuan Agong dissolves Parliament.." (Art.43(4) FC) - meaning fresh Parliamentary Elections. But then, the Art. 40 (2)(b) FC clearly makes the question of disolution one of the few matters that come under the discretion of the Yang di-pertuan Agong. This means that the Yang di-pertuan Agong may request the PM's request for a disolution of Parliament - and hence " the Prime Minister, shall tender the resignation of the Cabinet...." (Art.43(4) FC)
"(b) the withholding of consent to a request for the dissolution of Parliament;"
c) Proclamation of Emergency
- well, this is a matter that really is up to the Prime Minister - and the Yang di-pertuan Agong will have to act in accordance with the advice of the Prime Minister..

150. Proclamation of emergency.

(1) If the Yang di-Pertuan Agong is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, he may issue a Proclamation of Emergency making therein a declaration to that effect.

(2) A Proclamation of Emergency under Clause (1) may be issued before the actual occurrence of the event which threatens the security, or the economic life, or public order in the Federation or any part thereof if the Yang di-Pertuan Agong is satisfied that there is imminent danger of the occurrence of such event.

(2A) The power conferred on the Yang di-Pertuan Agong by this Article shall include the power to issue different Proclamations on different grounds or in different circumstances, whether or not there is a Proclamation or Proclamations already issued by the Yang di- Pertuan Agong under Clause (1) and such Proclamation or Proclamations are in operation.

(2B) If at any time while a Proclamation of Emergency is in operation, except when both Houses of Parliament are sitting concurrently, the Yang di-Pertuan Agong is satisfied that certain circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as circumstances appear to him to require.

(2C) An ordinance promulgated under Clause (2B) shall have the same force and effect as an Act of Parliament, and shall continue in full force and effect as if it is an Act of Parliament until it is revoked or annulled under Clause (3) or until it lapses under Clause (7); and the power of the Yang di-Pertuan Agong to promulgate ordinances under Clause (2B) may be exercised in relation to any matter with respect to which Parliament has power to make laws, regardless of the legislative or other procedures required to be followed, or the proportion of the total votes required to be had, in either House of Parliament.

(3) A Proclamation of Emergency and any ordinance promulgated under Clause (2B) shall be laid before both Houses of Parliament and, if not sooner revoked, shall cease to have effect if resolutions are passed by both Houses annulling such Proclamation or ordinance, but without prejudice to anything previously done by virtue thereof or to the power of the Yang di-Pertuan Agong to issue a new Proclamation under Clause (1) or promulgate any ordinance under Clause (2B).

(4) While a Proclamation of Emergency is in force the executive authority of the Federation shall, notwithstanding anything in this Constitution, extend to any matter within the legislative authority of a State and to the giving of directions to the Government of a State or to any officer or authority thereof.

(5) Subject to Clause (6A), while a Proclamation of Emergency is in force, Parliament may, notwithstanding anything in this Constitution make laws with respect to any matter, if it appears to Parliament that the law is required by reason of the emergency; and Article 79 shall not apply to a Bill for such a law or an amendment to such a Bill, nor shall any provision of this Constitution or of any written law which requires any consent or concurrence to the passing of a law or any consultation with respect thereto, or which restricts the coming into force of a law after it is passed or the presentation of a Bill to the Yang di-Pertuan Agong for his assent.

(6) Subject to Clause (6A), no provision of any ordinance promulgated under this Article, and no provision of any Act of Parliament which is passed while a Proclamation of Emergency is in force and which declares that the law appears to Parliament to be required by reason of the emergency, shall be invalid on the ground of inconsistency with any provision of this Constitution.

(6A) Clause (5) shall not extend the powers of Parliament with respect to any matter of Islamic law or the custom of the Malays, or with respect to any matter of native law or customs in the State of Sabah or Sarawak; nor shall Clause (6) validate any provision inconsistent with the provisions of this Constitution relating to any such matter or relating to religion, citizenship, or language.

(7) At the expiration of a period of six months beginning with the date on which a Proclamation of Emergency ceases to be in force, any ordinance promulgated in pursuance of the Proclamation and, to the extent that it could not have been validly made but for this Article, any law made while the Proclamation was in force, shall cease to have effect, except as to things done or omitted to be done before the expiration of that period.

(8) Notwithstanding anything in this Constitution -

(a) the satisfaction of the Yang di-Pertuan Agong mentioned in Clause (1) and Clause (2B) shall be final and conclusive and shall not be challenged or called in question in any court on any ground; and

(b) no court shall have jurisdiction to entertain or determine any application, question or proceeding, in whatever form, on any ground, regarding the validity of -

(i) a Proclamation under Clause (1) or of a declaration made in such Proclamation to the effect stated in Clause (1);

(ii) the continued operation of such Proclamation;

(iii) any ordinance promulgated under Clause (2B); or

(iv) the continuation in force of any such ordinance.

(9) For the purpose of this Article the Houses of Parliament shall be regarded as sitting only if the members of each House are respectively assembled together and carrying out the business of the House.


But, then thankfully our current Prime Minister Abdullah Ahmad Badawi, despite what he recently said, also did earlier tell us that he would not resort to using Elergency.

"Efforts by certain parties to destabilise the country by attempting to seize power through illegitimate means, and without the mandate of the people, must be rejected," said Abdullah towards the end of his Budget 2009 speech.

"We cannot allow uncertainties to continue as this will adversely affect foreign investment, economic sentiment and the capital markets.

"I will not allow these disturbances to continue," he stressed. - Malaysiakini, 29/8/2008 Pak Lah vows to foil Sept 16 plan

On 1/8/2008, the Prime Minister "...ruled out imposing emergency rule if Anwar's supporters hold street protests to denounce the latest accusation...".

Asked whether Anwar was bluffing, Abdullah said that "so far, it is going toward that direction. "Whether he bluffs or not [it seems] he wants to keep his popularity afloat all the time like a stock market share," Abdullah added.

He ruled out imposing emergency rule if Anwar's supporters hold street protests to denounce the latest accusation.

"I don't think we are going down that road; definitely not," he said.

Abdullah said he believes Anwar is trying to bribe government lawmakers to defect.

"I've heard so much stories, many stories of his buying, tempting them with monetary offers to cross over to the opposition," he said. - GulfNews.com, 1/8/2008 Badawi rejects Anwar threat to seize power as a 'bluff'

It really would be good if the Prime Minister Abdullah Ahmad Badawi can assure the people of Malaysia NOW that he would not resort to emergency rule.... if it is shown that he no longer has the confidence of the majority in the Dewan Rakyat - and that he will quitely resign and peacefully hand over power to whoever commands the majority support in the Dewan Rakyat.