Sunday, August 08, 2010

Out of 100 over, only about 10 reach 'local council tender committee'? Something is certainly amiss..

I was shocked when I saw that disclosure from a Local Councillor that "If there are more than a hundred tenders submitted, maybe only about ten will be brought to the committee[local council tender committee]...."

Why is this happening? Should not all the tenders be brought before the local council tender committee for their vetting and finally choosing of the successful tender, for  possibly the ultimate approval by the full Local Council.  Who is doing this initial vetting - and just picking '...only about ten...' to be sent to this 'local council tender committee'?  This is so wrong...and it stinks of corruption and favoritism..

Citing as an example, although the current policy requires contracts of RM500,000 and above to call for tender to be approved by the local council tender committee, contractors struggle with many procedures before their tenders reach the committees.

ijok revisit 220807 road works"If there are more than a hundred tenders submitted, maybe only about ten will be brought to the committee. There are many problems with the tender process; it should be streamlined," said Cynthia, who is also the secretary of the Coalition of NGO and Professional Councillors (Conpac). - Malaysiakini, 8/8/2010,
S'gor procurement: Ditch BN model and start fresh

Malaysian Bar: Abolish the death penalty

 
Press Release

Abolish the death penalty
 
The Malaysian Bar calls for the abolition of the death penalty, as every individual has an inherent right to life.  This right is absolute, universal and inalienable, irrespective of any crimes that may have been committed.
 
Although crimes such as rape of children are very serious offences, and heavy sentences, commensurate with the gravity of the offences committed, must be meted out, the Malaysian Bar is categorically opposed to the imposition of either capital or corporal punishment as the penalty for crimes.  This position was clearly articulated in resolutions adopted at the Malaysian Bar’s Annual General Meetings in March 2006 and March 2007, respectively.
 
The Malaysian Bar has consistently argued that there is no empirical evidence that the death penalty serves as an effective deterrent to the commission of crimes.  Arguably, there has been no significant reduction of crimes for which the death penalty is mandatory.  Furthermore, it is not possible in any system of human justice to prevent the horrifying possibility of the execution of innocent persons.
 
The trend worldwide has been to abolish the death penalty, as the execution of human beings by the State serves as an “example of barbarity” to society and legitimises the taking of human life.  In 2005, the UN Commission on Human Rights passed Resolution 2005/59 calling upon all states to abolish the death penalty, and stated that the abolition of the death penalty is essential for the protection of the right to life of every human being.
 
While the call for the imposition of the death penalty may be a reflection of society’s abhorrence towards rapes of children, the penalty would have serious repercussions on efforts to prosecute and prevent the incidence of such crimes, protect rape survivors, and reduce further victimisation of the survivors under the legal process.  As the prosecution of rapists depends on the existence of a complaint by a rape survivor, the death penalty may discourage rape survivors from reporting the matter, especially if the perpetrator is a family member.
 
We also appeal to the President of the Republic of Singapore to act in accordance with international human rights norms and to show compassion by exercising clemency in the case of Malaysian Yong Vui Kong, who is in imminent danger of being hanged in Singapore for a drugs-related offence.  We encourage our colleagues at the Law Society of Singapore to continue to speak out against the use of the death penalty in Singapore.
  
The death penalty has no place in any society that values human rights, justice and mercy.  The Malaysian Bar calls on the Malaysian Government to immediately abolish the death penalty.
 
Ragunath Kesavan
President
Malaysian Bar
 
6 August 2010

EMPOWER: - Knee Jerk Responses do not solve sexual crimes

LETTER TO THE EDITOR
2 August 2010
Dear Editor,
Knee Jerk Responses do not solve sexual crimes
EMPOWER is disturbed by Karpal Singh's suggestion to have death penalty for child rapists. Ending death penalty has always been a call by the Democratic Action Party (DAP) and it is worrying to know that one of its top leaders is backtracking on such a basic human rights principle. Karpal Singh has to retract his statement and call for an end to death penalty.
The reaction by Karpal Singh also raise a grave concern on how “policy makers” view solutions to sexual crimes and other serious crimes. Empower believes that Karpal’s call to end sexual crimes against children by passing death penalty on the offender is a narrow knee jerk reaction to a crime that demands for more long term solutions. Time and again when serious sexual crimes are reported, there is a tendency to suggest "a tooth for a tooth" solution. But will this really solve crimes? If it does, then how do we explain Malaysia's drug problems - death by hanging - but the numbers have not decreased or disappeared. Heavier punishment has really not proved to end crime and violence.
 So please - let us have a more committed, comprehensive and sustainable approach towards ending sexual crimes.
 Between 2005-2007, a three-year research on sexual crime was conducted by the Women's Centre for Change Penang. The findings of this study showed that "45% of court cases in a sample of 439 cases did not go to full triall and of the contested cases that were heard in full, only 4% resulted in a conviction". So even if we do use death penalty as a punishment, the hard reality is that very few rapists will be sent to the gallows, unless they are caught red handed as is the case of the bus driver raping the school girl in front of her friends.
Most cases which appear in the media are reported cases. Research has shown that the vast majority of sex offences are never reported, let alone the offender tried and convicted. We also forget that sexual crimes are not always committed by strangers but by persons whom the victims know and/or love - their fathers, uncles, persons in authority (e.g. teachers, religious instructors, police). If there is a heavy penalty, such as death, the victims will not want to report. Who would want to send their own fathers, uncles, brothers to the electric chair or hanged?
 Putting an end to sexual crime, therefore, goes beyond just reforming the criminal justice system.
Empower believes that the continued existence of sexual crimes is really due to a flawed and unsupportive judiciary and executive system where it has failed to bring about justice to victims of violence. The WCC's research also showed that 48% of the cases took over a year to complete their trial, and with 18% of the cases taking more than 2 years. There has been little actions taken to improve the poor collection of forensic evidences, lack of witnesses, "cold" cases" due to late reporting and/or lack of evidences, and the long waiting trial period – these have dampened reporting and hence victims’ access to justice.
The prevailing negative attitudes held by society, family and friends against the victims leave very little legal and psychological support for them. Rape victims being branded as "spoilt", her fault as she enticed the rapist with her dressing, have gravely added to unsupportive responses by family, friends and enforcement agencies. Such attitudes are grounded in the manner in which women and children are treated - weak, subordinate and therefore they are meant to satisfy sexual urges of the males (in most sexual crimes, women and children formed the majority of the abused). Such attitudes must be transformed.
Empower feels that it is about time that the authorities take the necessary steps to develop a long term and sustained effort to combat sexual crimes. Some of them include:
 Reforming the judiciary and the executive system
1. Ensure effective collection of forensic evidences.
2. Develop gender sensitive support services for victims of sexual crimes. Having shelters, half-way houses, drop-in centres, may not be sufficient if the social workers or counsellors do not understand why sexual crimes happen
2.  Implement offenders' programmes aim to prevent violence by changing the attitudes and behaviour through individual counselling, case management, and group programmes. Programs may be court-mandated or voluntary. This means providing training to social welfare counsellors and/or police officers who will be able to conduct the offenders' programmes.
3.  Monitoring and intensive supervision of those offenders who are at highest risk of re-offense. While this is limited to reported cases and is still a controversial issue but nevertheless it has to be discussed where a mechanism can be developed to track repeat offenders.
4.  Government needs to mandate for professional development for judicial and law enforcement personnel, and other professionals within the legal sector. Gender sensitising programmes need to be conducted on a yearly basis to include changes in personnel. This will help change mindset towards a more positive and supportive attitude for victims of violence.

5.  Changing attitudes
If the long term goal is to eradicate violence, then the government agencies and implementators need to fully understand why violence occurs in the first place. In Australia, under the Department of Families, Housing, Community Services and Indigeneous Affairs, they have emphasised on changing the attitudes and behaviours of individuals, emphasising the way people operate in relationships and families, the way they engage as communities, and how social structures and institutions are regulated and these were viewed as the most effective ways to combat violence.
Last of all and a need to underscore this recommendation is to bring about a longer term action by teaching respectful relationship and sex education at schools, beginning from kindergartens with teaching children about good and bad touch. Such insterventions will not only save lives but reduce, if not eliminate, sexual violence. Presently, the piecemeal introduction of sex education at schools is not sufficient and will not end sexual violence. The policy has failed to understand that sexual violence is due to a deep and engrained perception and values about unequal power relationships, where women and children are treated as chattels, inferior and dependants. .It is not just about physical violence and sex.
 At the end of the day, any attempts to transform and end sexual violence must ask the question: will the action bring about prevention of future sexual crimes? 
Maria Chin Abdullah
Executive Director
EMPOWER

If Hishammuddin regrets ‘Allah’ ban, the government must withdraw their appeal to Court of Appeal and put an end to this now

If Hishamuddin, the current Home Minister, regrets the actions of his predecessor with regard the 'Allah' issue, then reasonably he must just withdraw the Government of Malaysia's appeal against the decision of the High Court. That is all...it is so simple. The fact that he who has the power, is not withdrawing the said appeal tells us a lot about Hishamuddin, and one wonders whether his 'regret' is even sincere, or merely something he wants to convey to Christians...non-Muslims in an attempt to win back some political support for UMNO-led BN.

What is he waiting for? For the Court to rule in favour of the Malaysian Government? [And considering the state of the Malaysian judiciary, we know they will most likely do so ....] And, then what? Oh, then there will be a further appeal...and even if the Government wins, do you think that a religious community will stop calling their god, 'Allah'?

As I have pointed out earlier, it is the State Enactments that are really causing these problems, and we note that the Pakatan Rakyat ruled States are also not taking steps to amend the relevant State Enactments to bring in in line with the position of PAS, DAP (and PKR?) - a position that states that no can can claim exclusive usage of the term "Allah", i.e. that Christians and others can use the word "Allah", etc...

Hishammuddin says regrets ‘Allah’ ban

August 01, 2010
Hishammuddin said his predecessor’s decision will have long-lasting repercussions. — file pic

KUALA LUMPUR, Aug 1 — Home Minister Datuk Seri Hishammuddin Hussein said today that his predecessor should not have banned the word “Allah” from being used by the Catholic Church.
The decision, he added, will continue to haunt his ministry “for a very long time.”

“In this ministry, it is a zero-sum game.  We are [now] in an uncharted landscape which will haunt us for a very long time.

“We should have let the sleeping dogs lie. It was triggered by those that believed that the word ‘Allah’ should not be used in Sabah and Sarawak,” he said during the Fourth Annual Malaysian Student Leaders Summit here.

Former home minister Tan Sri Syed Hamid Albar had imposed the word ban on the Church’s newspaper, The Herald, two years ago.

Syed Hamid had temporary allowed the conditional use of the word “Allah”, only to rescind the government gazette later.

He had then cited fears that the use of word outside an Islamic context would cause confusion to Muslims.
Today, Hishammudin stressed that the Church appreciated the circumstances surrounding the ban.

“Church leaders understood fully that there are different levels of maturity and understanding in our constituents. The issue required wisdom and a decision but it is not as easy as you think.

“When you become a minister then you would find that it is difficult in finding a balance between the majority and minority,” he said.

The Catholic Church has since won a court ruling upholding its constitutional right to print the word “Allah” in its newspaper on December 31, 2009 but a government application to stay the ruling has dragged the case out longer.

The Court of Appeal has yet to indicate when it will move the case along. Several retired jurists said it cannot take very long, while one lawyer said it could take up to two years before the first hearing.

“We are looking at it and there is a court case and we are waiting for the outcome. There is [a] difference between acceptance and customs that have been used in the past in Sabah and Sarawak. The reaction from Muslims in the peninsular and Sabah and Sarawak will not be the same,” Hishammuddin said.

Supporters of the Church have argued that Bahasa Malaysia-speaking Christians in Sabah and Sarawak have used the word “Allah” for generations and it has become part of their cultural norms. - Malaysian Insider, 1/8/2010, Hishammuddin says regrets ‘Allah’ ban

Friday, August 06, 2010

'Support letters" are sometimes 'directives' that recepients are afraid to not follow - Get rid of it..

On the issue of 'support letters', it saddens me that it is also happening in the Pakatan Rakyat States. Should not an ADUN (State Legislative Assembly Person) and/or Member of Parliament(MP) be acting indiscriminately for all the people in their constituencies. And my concern is with regard to support letters for the purpose of getting tenders and contracts, big companies land conversion approvals, big development projects planning approval, ...

We really are not talking about letters from ADUNs/MPs asking a relevant department to give consideration for this or that person for the purposes of getting some welfare aid, low cost housing, etc. Helping to bring the plight of poor and oppressed to the attention of some Ministry, Department etc so that they are also considered is not the kind of 'support letters'. There are some that try to confuse the issue of 'support letters' to include this...We are essentially concerned with stopping of 'support letters' for the purposes mentioned in paragraph 1 above.

There must also be guidelines placed on all other 'support letters', i.e. that they must be of a nature of just drawing attention to particular cases for the purpose of getting the relevant Ministries, departments to take into consideration the names mentioned, i.e. the said names will be put on the list for consideration. The relevant Ministries/Departments must not take into consideration other irrelevant matters, i.e. who is the writer of the said 'support letter'. No additional weight should be given to a letter from Najib or Anwar or Ronnie Liu... And the failure to 'listen' to these 'support letters' should never be the basis for non-promotion, no re-appointment (for example as a Local Councillor, etc). The absence of any support letter should also not lead to discriminatory treatment by the relevant authorities.

Now, many believe that their application directly to the Welfare Department, Labour Department, for Land, etc will not be successful unless they use 'cables' - i.e. get the support of some strong UMNO-BN politician, not necessarily the duly elected ADUN or MP. In fact, many JKKK members also promote this culture, and take applicants to the local UMNO-BN office to get the relevant support letter. There really is no need for any such letters, because anyone should be able to go to the relevant Welfare Department, Labour Department, Land Office, Immigration Department, etc and make the relevant application and receive the proper service...If there is delay...or non-cooperation from these department, complaint to the Public Complainst body, relevant Minister/Menteri Besar and also to the Human Rights Commission(SUHAKAM)...and I believe all 'bad behaviour'" should cease and there will be 'bersih,cekap and amanah'(clean efficient and trustworthy) service rendered.

What these 'politicians' need to do is to empower people so that they can act on their own with confidence - only when own efforts are resulting in no action...or delay, then you go complaint - and then maybe, the politicians can question why the relevant department is not acting promptly in a clean, efficient and trustworthy manner...If you really want to help people, educate them about their rights ...and where they can access justice. Empower people --- do not continue the old UMNO-BN culture of dis-empowering people and making them dependent on their 'political masters'. 

DAP’s Teng admits issuing letters of support

August 04, 2010
Teng: Officers don’t want to be blamed if something goes wrong and contractors are caught in a predicament if they don’t get the letters of support. - Picture by Choo Choy May
SHAH ALAM, Aug 4 — Selangor Speaker Teng Chang Khim has admitted that all Pakatan Rakyat (PR) assemblymen in the state, including himself, had issued letters of recommendations for government contracts to contractors and the public.
But he claimed the practice was slowly being done away with.

“The issuance of recommendation letters are a grey area and is “old culture” which PR inherited from the previous administration,” said the Sungai Pinang assemblyman yesterday.

Teng said PR was caught in a quandary over the issue because he claimed civil servants sometimes insisted on these letters.

“Officers don’t want to be blamed if something goes wrong and contractors are caught in a predicament if they don’t get the letters of support.”

He said this was especially true after PR took over the Selangor administration in March 2008, when work including garbage collection came to a standstill because contracts were not being awarded.

He pointed out this was prior to the appointment of PR local councillors and he had no choice but to issue these letters of recommendations for contracts.

“But my letters of recommendation letters are for work in my constituency and all carry the condition that it should be subject to government policy and regulations,” he said.

Teng also claimed that in some circumstances government forms required the endorsement of PR state assemblyman and MPs. These includes the State Economic Planning Unit (UPEN) forms for new contractors, who want to be listed in their panel of contractors.

In other cases, local governments require endorsements by assemblymen before licenses for cybercafes are renewed in their constituency.

The Selangor PR government is coming under fire after it emerge that DAP councillor Tee Boon Hock had given a support letter to a company in which his son was a partner.

Tee was sacked by DAP’s disciplinary committee.

Meanwhile other PR assemblymen also confirmed that the letters of recommendation were a standard practice but one that they hoped to do away with.

“There are no guidelines now on recommendation letters and I support abolishing it,” said DAP Subang Jaya assemblyman Hannah Yeoh.

She confirmed that the situation was a mess after PR took over Selangor and work on the ground come to a standstill.

“I am not sure if this was because contracts were not being awarded but garbage went uncollected for some time.”

Yeoh pointed out that many government forms also required endorsement from PR assemblyman and MPs.
“Civil servants should just follow procedures instead of relying on endorsements from lawmakers.”

PAS Hulu Klang Assemblyman Saari Sungib also said he was uncomfortable with the practice.

However he said civil servants themselves initially insisted on it.

“When I confronted them, they told me it was because they wanted to know who my people were.” he said.
He admitted that members of the public and contractors continued to come to his office for recommendation letters.

“But the numbers are slowly being reduced because I have informed everyone that my endorsement is not necessary.”

Tan Sri Khalid Ibrahim today also told The Malaysian Insider that the practice was being discouraged.
“It gives a wrong expectation to both receiving the letters of support and those considering the application.” said the Selangor Mentri Besar.

However Khalid stopped short of issuing a total ban on the practice.

Instead he said civil servants would be directed to follow procedures regardless of whether applications came with letters of recommendations. - Malaysian Insider, 4/8/2010, DAP’s Teng admits issuing letters of support
Why are the new Pakatan Rakyat MPs/ADUNs/Politicians doing this? Well, the main reason is the people who come and ask them for it, stating the BN politicians did it before... and if the MP/ADUN/politician does not want to do this, then they say that they are 'useless' and do not want to help, and the BN was better. Hence, many ADUNs/MPs/politicians end up giving in, and issuing these letters of support/recommendation - and in so doing propagate the culture of 'support letters', culture of 'using cables', ....  Well, Pakatan Rakyat and the Opposition parties (and maybe also the BN parties) can stop all this, and change the culture...and also redefine the duty/obligations/relationship between a ADUN/MP/Politician and the people. All you need to do is to speak about this at the Ceramahs, your publications, etc - and educate the people about the proper way of doing things.

Pakatan two-faced over Selangor support letters, says Nazri

August 06, 2010
The apparent conflict between Selangor and Pakatan leaders over support letters drew Nazri’s scorn. — file pic
 
SERDANG, Aug 6 — Datuk Seri Nazri Aziz claimed yesterday that the Selangor Pakatan Rakyat (PR) government’s decision to keep the practice of recommendation letters is a direct “contradiction” with the views of its top PR leaders in the state. 

On Wednesday, Selangor Mentri Besar Tan Sri Khalid Ibrahim said that state assemblymen and MPs may continue to issue letters of recommendations and support letters despite calls from within PR for it to be eradicated.

Nazri also took a swipe at DAP Petaling Jaya Utara MP Tony Pua, claiming that the contradiction between Pua’s views on recommendation letters and the Selangor government made the DAP man look “stupid.”

“I want to ask Tony Pua a question... how now? PR leaders including yourself go around Parliament, claiming that Barisan Nasional (BN) is corrupt for wanting the practice of support letters to be kept and maintained. 

You say you support Datuk Seri Idris Jala’s stand on what support letters are meant for.

“But now we find that the Selangor state government themselves don’t have the will to get rid of support letters, they want the practice to continue. How now, Tony Pua? How now?” the minister in the Prime Minister’s Department asked pointedly.

Nazri told The Malaysian Insider that recommendation letters needed to be maintained as they were a “basis” from which an elected representative could render assistance to constituents.

“The letters of support are a basis for any wakil rakyat (elected representative) to help their constituents. It is a normal practice.

“Let’s say someone wants help to get their child to enter university, as MPs or elected representatives we are in the position to help,” he added.
Pua has been made to look “stupid”, says Nazri.
 
However, Nazri stressed that recommendation letters did not mean that a lawmaker’s request had to be approved, and that civil servants still had the option to reject such appeals.
“Recommendation letters only mean consideration, it means ‘please consider’, it does not mean ‘you must approve the request or application,’” said the Umno leader.

When asked to comment on how the practice of recommendation letters could lead to forms of corruption, Nazri said that the laws of the country were enough to deter any crime or abuse of process.

“What is not open to abuse in this world? A lot of things are open to abuse. (If) it is open to abuse, we have laws in place to ensure that justice is served.

“If there is corruption in cases of recommendation letters, the law will take its course,” added the law minister.

On Tuesday, Selangor Speaker Teng Chang Khim admitted that all Selangor PR assemblymen, including himself, had issued letters of recommendations for government contracts to contractors and the public.

But he claimed the practice was slowly being done away with.

Teng said PR was caught in a quandary over the issue because he claimed civil servants sometimes insisted on these letters.

“Officers don’t want to be blamed if something goes wrong and contractors are caught in a predicament if they don’t get the letters of support.”

Teng also claimed that in some circumstances government forms required the endorsement of PR state assemblyman and MPs.

These include the State Economic Planning Unit (UPEN) forms for new contractors seeking to be listed in their panel of contractors.

In other cases, local governments require endorsements by assemblymen before licences for cybercafes are renewed in their constituency.

The Selangor PR government has been under fire after recent reports highlighted DAP councillor Tee Boon Hock had given a support letter to a company in which his son was a partner.

Tee was sacked by DAP’s disciplinary committee last Saturday for that letter to his son’s firm. - Malaysian Insider, 6/8/2010, Pakatan two-faced over Selangor support letters, says Nazri
Some have referred to the Pakatan Rakyat as 'BN Lite' - and one wonders whether we can really expect any changes under the Pakatan Rakyat, other than there being just a new group of people/political parties in power. 

The same old UMNO-BN culture of support letters...recomendation letters...cables.. are still being used by the Pakatan Rakyat government. I am certain that, in Selangor when the Local Councils receive a recomendation or a support letter from Ronnie Liu or some other PR top leader, many will treat it as being an instruction and the supported person will get whatever contract, etc... Even Tee, allegedly using Ronnie Liu's letter head was able to get millions of ringgit worth of projects for his cronnies...that is how powerful Ronnie Liu's letters are. Remember, that he is also the one responsible for chosing and appointing Local Councillors - hence, Councillors who hope to be re-appointed every year will not risk offending the man. That is why we need Local Council elections, or people chosen Councillors, and then their loyalty will be for the good of the people in their constituencies - not the mighty political personalities who choose them. Openness and transparency is also needed - and the public must be aware of the existence of support letters. How many of the projects/contracts of the Local Council and State Government went to those who had these support letters? And whose support letters were these?

I say we need to put an end to these 'support letters'.... especially when it is support of getting some contracts/projects, application for development orders/planning permits, applications for land and/or land conversions coming from big companies/corporations/businesses, etc...and certainly, persons like Menteri Besar's and State Exco members and also leadership of political parties should stop issuing these 'support letters'.

Interesting also to note that Chief Secretary of the UMNO-led BN Government came out with a directive that support letters from politicians are to be disregarded, and that decisions are to be made based on merits. Civil servants were also asked to report to their superior if the received such 'support letters' - but then Khairy was not at all happy with this.
 
PETALING JAYA: Umno Youth has opposed a directive calling on civil servants to disregard support letters from politicians. The directive, issued by Chief Secretary to the Government Mohd Sidek Hassan, told civil servants to make merit-based decisions, and report to their superiors if they received recommendation letters from politicians.

However, Umno Youth chief Khairy Jamaluddin said the wing did not share the same view.

"We are against the perception that support letters are an abuse of one's political power," he stated in a blog posting.

Requesting an explanation from the chief secretary, Khairy challenged Sidek's directive, which described recommendation letters as an “abuse of political power”.

The Umno Youth chief also noted that the majority of recommendation letters from politicians were not based on political requests.


"These letters do not only involve contracts or government procurements, but concentrate primarily on applications for university scholarships, work-related transfers, welfare and housing,” he said.

The Rembau MP stated that recommendation letters were also needed when applicants failed to receive satisfactory service from respective government departments.

"Although most in the civil service work in a professional manner, a small number continue to act like little Napoleons," he said. - Free Malaysia Today, 30/7/2010,
Umno Youth: Support letters not an abuse of power

See also earlier posts:-

Ronnie Liu's letter carrys too much weight - when it should not even be a practice in government

Support Letters :- A disempowering tool used to keep people down and promotes dependency

34% of Malaysian Workers (not migrant workers) earning below poverty line

Under the UMNO-led BN government in Malaysia, cheap labour was used as a pull factor to lure in foreign investors and companies to set up factories, etc in Malaysia. To be successful in keeping local labour 'cheap', the government did keep the cost of living low with cheap water, electricity, telecommunication, postal rates, TV/Radio, free roads, food, cooking oil, cooking gas, petrol/diesel, etc... so much so that workers earning low wages could still manage to have a decent life... (Oops yes, beside cheap labour ...the other assurance was a docile workforce - and that is why there are not only laws against protests, public assemblies - but also a n active resistance against the formation of workers union. In some sectors and areas, unionization of workers was also banned.)

Possibly to improve the domestic market for Malaysian, there was a lack of effort in building up a cheap efficient public transport system - so much so, people who had to go to work and elsewhere were forced to buy cars, etc - and private transport became a necessity in Malaysia. This, together with increasing cost of living, coming also in the form of new expenditures like tolled-roads and high parking rates in the major towns, made sole-bread winner families an impossibility. Now both spouses had to work. Sometimes, the salary of one spouse just goes to the monthly payment of their Malaysian car. This reality, suddenly created a demand for domestic workers - and suddenly, when there was no such need before became one. 

One can say there was an unwritten 'social contract' between the government and the people, i.e. you continue to receive low wages, and I (the government) will make sure that the cost of living stays low so that you can still have a decent living. But, the UMNO-led BN government broke this social contract, and prices of everything shot up....but then employers, who had become too used to paying low wages, continued doing so - and when more and more locals 'protested' by not wanting to work for such low wages, the government once again betrayed Malaysian workers and allowed employers to employ migrant workers at the same low rate (or at even lower wages)..in even more oppressive conditions. The government even gave employers permission to deduct these workers wages to recover the levy that employers had to pay the government when they chose to employ migrant workers, and not local workers - resulting in many migrant workers working literally for 'free' for 6 months to a year. Migrant worker work passes also allowed the migrant worker to work for only one specific employer, and this means that the worker, who is oppressed and sometimes even cheated of wages, overtimes, etc have no choice but to work for that particular oppressive employer. A complaint to the Labour Department about a deprivation of certain legal worker rights also would result in sudden termination and deportation. Hence, employers were rewarded by the UMNO-led BN government with a new pool of lowly paid, docile and oppressed workers.

Now, with low wages also means lower pensions and/or lower EPF contributions, and this means that even the solution of increasing wages for current workers would not solve the problem for all the elderly ex-workers, and with the cost of living going up there is a real concern about the elderly - the former workers. There is also now a realization that the EPF scheme is a failure, for the lump sums taken out at the point of retirement is hardly sufficient for 3-5 years, and with an average lifespan being above 75 years, it is a major problem. Pension scheme, on the other hand continues to give the ex-worker a certain payments every month until the ex-worker dies, and thereafter a smaller monthly payment to their spouses until death. Now, the UMNO-led BN government is trying to encourage pension schemes - but maybe, it is just too late and may not happen as 'job security' is no more a right that workers, especially in the private sector enjoy anymore. Now, with 'short-term fixed contracts, labour supply companies, outsourcing practices, etc - there really is no more 'job security' for workers - one cannot really hope to be able to work until retirement age anymore when one gets a job. The UMNO-led BN government, by policy and law, can change this trend but alas this government is now pro-business pro-employers rather than pro-worker pro-people. Calls for a minimum wage law has fallen on deaf years...and so, Malaysia unlike Indonesia, Thailand, Philippines, India, US, Britain, Canada, New Zealand and Hong Kong, to nama a few, still do not have a minimum wage law. India, for example, has had the Minimum Wage Act since 1948 and it is the States that fix the minimum wage, and in 1996, the Indian Federal Government also set National Floor Level Minimum Wage as the lowest minimum wage.

The minimum wage law is really not a big deal, it only sets the 'minimum wage' - not the actual wage that workers receive. What it will do is to ensure that workers are not paid less than the Minimum Wage, which should be the wage that will enable a family of 5 have a minimum decent life.

It is interesting to note that a recent study by the government, i.e. the Ministry of Human Resources involving 1.3 million Malaysian workers shows that 34% are earning even below the poverty line. Note, that this study did not involve migrant workers - if it did, most migrants would also be seen to be earning below the poverty line - remember also that migrants have more expenditure in the form of agency fees, etc...

The poverty line is RM720-00 per month, and how much are we paying domestic workers and other migrant workers now?

We need a Minimum Wage law now - as employers in Malaysia have just gotten too used to paying workers low wages, and reaping higher profits and without being compelled by law, the wage structure will be extremely slow to change...

The Human Resources Ministry's study of 1.3 million Malaysian workers has found that a shocking 34 percent earn below the poverty line of RM720 monthly.

factory workers sweatshops 090107 child labourIn a statement today its minister Dr S Subramaniam said that the National Employment Returns Study in 2009 showed that there was a case for wages to be increased.

He adds that it was difficult for Malaysia to rely on market forces alone to determine wages because of the several factors, such as the influx of unskilled foreign labour.

“Skilled jobs are synonymous with higher wages. However, in many instances, employers do not pay for skills but instead rely on unskilled foreign workers. This has also largely dampened wage growth,” he said.

He also cited the World Bank study which found that the wage trend in Malaysia had recorded only an annual 2.6 percent growth during the past 10 years, as compared to the increasing cost of living during the same period.

Minimum wage policy in the offing
Subramaniam said that a proposal on a national minimum wage policy would be tabled to the cabinet by the end of October.

NONEShould the policy be adopted, new laws would have to be formulated and a national council to implement the policy would have to be established.

Subramaniam (right) added that at this point, the ministry has not decided whether it was in favour of a national, regional or sectoral form of minimum wage policy.

“It is up to the cabinet to give us the direction,” he said.

Malaysia is in a race against time to achieve Vision 2020, the goals of which include turning the country into a developed country.

Prime Minister Najib Abdul Razak's New Economic Model has also outlined the need to turn Malaysia into a high-income economy in order to break free from the middle-income trap. - Malaysiakini, 5/8/2010, Study: 34% of workers earning below poverty line





Wednesday, August 04, 2010

Nonsense if wakil rakyats cannot enter schools, have dialogue sessions, etc

Well, it is absurd when the people voted in the Pakatan Rakyat parties to govern Selangor...or when the people have voted in a non-BN MP/ADUN for their area that they are not allowed to go visit (or be invited to) the schools and other facilities in their own constituency...

UMNO-led BN must understand what is the meaning of democracy...and this means the people choses their 'wakil rakyat' (people's representative), be it the MP, ADUN (and later on the Loacl Councillor) and when this happens it is their responsibility to look into the welfare of their constituents - and that must certainly include visits, having dialogue sessions, etc be it in schools, clinics, police stations, etc...i.e. any public facility, and it is really absurd that the Education Ministry have come out with lists of all who can be invited to schools and school functions...and I see in that list persons who have not even the wakil rakyat for that area. 

If I was the ADUN/MP, I would write a letter to the relevant public facility and state that I am coming for a visit at this day and time, and would also like to have a meeting with the said teachers, students, etc.. as the democratically chosen people's representative for the area..., and if the headmaster or OCPD says "No", I will certainly make it an issue and challenge that decision. Maybe, then I would arrange a meeting at a nearby hall, and I will hand out pamphlets inviting students, teachers and parents to attend. Then, we shall see what happens...

Duly elected reps have the duty and obligation to represent the people in the constituency - and to be an effective rep, they must be able to meet their constituents, have dialogue sessions, ...so that they can best represent them.

Using reasons like they cannot go is absurd...

When Pakatan Rakyat (and the Opposition Party) takes control of the Federal Government at the next General Elections, then they too must allow the BN reps to be invited to and attend school functions, etc... Why? They are the duly elected people's representative...

A circular that allows specified BN leaders to attend events organised by Selangor schools but keeps out those from Pakatan Rakyat, has been criticised as an example of double standards.

NONEThe circular dated Feb 16, 2009 states that the education minister has appointed 57 leaders from Selangor Umno, MCA, MIC and Gerakan to represent him at these events in the state.

Signed by the principal secretary to the minister, the circular was sent to the director of the Selangor Education Department.

It also states that the BN representatives have each been issued a certificate of appointment, copies of which were attached to the circular with a full list of names and posts held in the respective political parties.

When contacted, Hannah Yeoh, the DAP state assemblyperson for Subang Jaya said that - by implication - school authorities have to get the minister's permission to invite Pakatan representatives.

“(When the schools ask for permission), it is never given,” she claimed.

hannah yeoh interview 110608 02Yeoh had recently mentioned this in a tweet, in which she questioned the contents of the circular and said she had managed to obtain the list of 'approved' BN leaders.

“I am not allowed to attend any function in the schools in my area. This is not right as it sends the message to the children that you have to receive whoever you are given. They cannot choose their own leaders,” she said.

She, however, said she was allowed to enter her alma mater - SMK Subang Utama - after the Parents-Teachers Association (PIBG) stepped in.

“In my case, because the PIBG insisted, I was able to attend. So it shows that PIBG plays an important role,” she added.

'Clearly unfair' policy

DAP's Teratai state assemblyperson Jenice Lee confirmed the situation.

jenice lee“Some schools had requested donations from me, but I was not allowed to go in and give a speech," she said.


There was one occasion where I had to hand over the cheque outside the school compound.”

“I know this has happened to many other Pakatan leaders, not just me and Hannah. And this is clearly unfair.” - Malaysiakini, 4/8/2010, Elected reps kept out of S'gor schools


Or maybe, the reason why they have not been trying is because these wakil rakyat's are just lazy.....happy that there are restriction imposed by the Education Ministry, etc... There is no basis to disallow Pakatan Rakyat's duly elected people's representative when they allow not only the BN's elected reps but also some other politicians from BN. This, I believe, certainly is an infringement of Article 8 which demands equality...and abhors discrimination. Certainly, this does not fall within Constitutionally permissible discriminations.

If on the hand, the Education's Ministry's list did not contain politicians and other elected reps, but maybe only academicians and educationist, then maybe it may have been OK - but this list, that is found in the Malaysiakini report purportedly issued by the Ministry of Education is certainly, in my opinion, in violation of  the Federal Constitution.

They may call the list, a list of the official representatives of the Minister, and if so it must  reasonably be people from the Ministry - not UMNO-BN politicians. In fact, there is no persons from the Ministry at all - all are UMNO, MCA, MIC...and (1)Gerakan politicians (Side issue, what about the other component parties of BN??). What about the Deputy Minister? 

Wakil rakyat's should write to schools and say that they want to attend a particular school function, and maybe even have a dialogue session, or even give a speech....and then let us see the reply that comes. If the reply, is that they cannot come because there is  a clear restriction by the Ministry (or Federal Government), then we have a stronger case. Now, the letter just talks about the Minister's representatives...and there is nothing there that say that 'wakil rakyat's', if they are Opposition cannot have any functions in the school, with the teachers, parents and/or students.. Of course, the Minister can chose whoever to represent him - and this is what this strange list is all about, odd because it only contains BN politicians and no one even from the Ministry.

Ronnie Liu's letter carrys too much weight - when it should not even be a practice in government

When letters from Ronnie Liu can cause peole/companies to get Selangor government contracts ....

When letters from Khalid Ibrahim can result in whether you get a contract or not...

When a letter from some politician in government or otherwise can influence a decision whether one gets a contract or not...

The sacking of Klang municipal councillor Tee Boon Hock's case by the DAP is receiving media attention, and the allegation against him is that he misused letters

On July 28, a day after English-language daily Star reported that a 'rogue' councillor had misused Selangor exco member Ronnie Liu's letterhead and seal to obtain contracts worth a total of RM1 million for 20 companies,....Malaysiakini, 4/8/2010, Tee lied to us, explains S'gor DAP over 'reversal'

The issue here, is the whole usage and impact of such 'support letters' ....and/or support by certain political personalities in ensuring that some get government contracts and others do not.

First, we need to have a look at the said letters....their contents....[Are there letters of support, instructions, directives/orders...?]

Second, we have to look at whether there were similar letters issued by the said Ronnie Liu (or some other PR politician) in the past...and the impact that such letters/support had in getting some people/companies getting government contracts...Why is such a practice still being followed by PR State governments?

Third, we have to really ask why the persons in these decision making bodies/committees are so influenced by such 'support' (or is it 'orders') from certain political personalities? [Is it because you are worried that if you 'disobey', then you may not be re-appointed (or may be dismissed immediately), and further marginalized  by the current government, party or political personality? Is it fear that made these persons to award the contracts to certain persons? Really, we need to re-look at the criteria used by the committee/body that decided to award the contracts to certain parties on the apparent 'orders'/'instructions' of Ronnie Liu (in this case). More importantly, we must look at the independence of decision making bodies, and the criteria being employed in coming to a decision? Does it matter whether one is a PR political party member or has some 'support' whether in a form of letter or 'phone call" coming from a politician of influence - like ...? If there is transparency and openness, plus accountability, surely all these kind of 'bad' practices will stop. Now, we are informed as to who gets the contract...or succeeds in a tender - Maybe we also need to know the "Why?" they got the contract...and why they did not? Really, the only consideration should be (1) the price/cost to do the project within time, (2) their experience/capacity & past record, (3) a policy to spread projects over a larger group of new local contractors/companies...maybe, if there is such a policy which must be if not only the same old companies/persons will get all projects because only they have past experience/achievements...
Tee, if he did use Ronnie's letterhead to get contracts for certain company is definitely wrong...

If Ronnie (or MB, some other prominent person) also used to give support, in the form of letters and/or otherwise, so that certain people get a better chance of getting a contract is certainly a bigger Wrong. [I do not believe, the use of Ronnie's letter would have had the influence it had, if it had not been used similarly before by Ronnie and/or other political personalities...]


Maybe, to ensure loyalty....and that they listen to the instructions of Ronnie (and/or others), be it through letters, phone calls, etc, that is why Local Councillors (and possibly others in other decision making committees/bodies) are appointed for short 1-year terms, and thereafter removed or retained at will by certain politicians in power. [Safeguards for independence of decision making bodies must be put in place, and this include fixed, certainly longer tenure, transparency and openess, election rather than appointments, etc...]


'Using cables... support letters... connections...' were things that we knew were happening when the UMNO-led BN government ruled the State/s, and as such to hear that a similar practice is still continuing when PR is ruling is really disturbing.

Has the only change that we have brought about since the last General Elections in 2008, been just a change in the ruling party/coalition and persons  in power, and nothing more? In Local Councils, previously they filled the post of Councillors with people from their parties...is not the same happening with Pakatan Rakyat?

2 years plus has passed, and the promised 'reformasi' has not really happened where it matters... or has it? One should spend time reading George Orwell's Animal Farm....and wnder whether the same thing has happened

Tuesday, August 03, 2010

An era when the denial of freedom of expression is also extended to MCA and other minor BN partners?

Malaysians have generally always been respectful of people of different faiths, their believes and their practices....and let us not forget that it has mostly been the politicians and ethnic/religious based political parties that have attempted to use ethnicity and religion to divide the people of Malaysia. I believe, in the face of losing Malay support, UMNO is desperately trying to regain this support by raising 'religious' issues....to try to woo back the support of Muslim Malays who seem to have swung their support towards PAS. generally, and also towards PKR and other opposition parties. 

Deputy Prime Minister Muhyiddin seem to have forgotten that this 'Allah' issue is something which the UMNO-led BN government caused - all actions in court is against the Government of Malaysia for the actions it took, i.e. its departments and Ministries.  It is not an issue that was raised by individual and/or groups of Muslims - it was the UMNO-led BN's government's action that raised the issue - and has affected the long existing tranquil respectful relationship of Malaysians of different religions. 

There has been calls from many quarters, including some of the component BN parties for a revocation of the ban...a change of government policy with regard the Allah issue. MCA, the 2nd most powerful of BN parties have reiterated its call - and it is odd that our DPM is suggesting that we do not comment on this matter as it is before the court.

In my humble opinion, this is a matter for the government of the day to decide on...and a change of policy by the government (not the courts) must be made on this potentially divisive 'Allah' issue....Remember, the Allah cases are "Government" versus some party....and the government can always stop the fight, by conceding, etc... and this would be definitely in the spirit of 1Malaysia... 

Sensitive ... potentially can be used by political opponents... this is the concern of the UMNO and the UMNO-led BN, but let us also not forget the ability to use or not  use the word 'Allah'...and some other words are really not found in any Federal Law - but in State Enactments. Pakatan Rakyat at present govern 4 States - and these Enactments could be amended appropriately, but the Pakatan Rakyat (PKR-DAP-PAS) is also not taking any steps to do any amendment - and any amendment will pass with a simple majority, which Pakatan Rakyat do have. Amending the relevant State Enactment so that it be in line with the position that Pakatan rakyat, PAS, DAP... have adopted would certainly go a long way towards making this 'Allah' issue go away...hence blame also lies with Pakatan Rakyat, as I have heard of no Bill being tabled to amend the relevant Selangor Enactment, ...or similar enactments in Kelantan, Kedah and Penang.

This is a matter best solved by the governments, not the civil courts... Is the Malaysian courts going to tell people of the 'unofficial' religions of Malaysia what they can call their own God...and what they can't? Surely, Muhyiddin can see this - and realize that it is up to the current UMNO-led BN government to act....and act now.

If Muhyiddin want the "Allah" issue not to be revived - then he should not have gone to the Media. After all, surely there could have been a 'out of the public eye' request by UMNO to MCA or anyone else about this. Muhyiddin's position is simply, I believe, what has been the UMNO-led BN's practice, i.e. No one else have a right to express their views and comments publicly - only the government has that. This is also seen in the way that this same UMNO-led BN have been cracking down on peaceful assemblies....and even certain publications (they want all Opposition parties only to circulate their publications to their own members - not to members of the Malaysian public - so, people who do not agree with UMNO-led BN has really no option of getting their views, opinions heard by the general public..) Same here, and now it seems this rule also extends to all other minor BN component parties - so, is it now that only UMNO has the right to speak?
Deputy Prime Minister Muhyiddin Yassin said the issue on the use of the term 'Allah' should not be revived as the matter was still being pursued in court.
muhyiddin yassin pc 170310 
He said the matter should be resolved amicably and any opinion on it should take into consideration the interest of the general public rather than that of a particular group, whether in terms of politics or administration.

He said component parties of the BN should also accept the fact that the issue should not become a burden that could cause tension when the matter had already cooled off.

"Attention should be given to such considerations. I don't understand why the DAP and MCA are taking a common stand on such matters.

"We know that this matter had previously been strongly debated and had created a unhealthy situation," he told reporters after chairing a meeting of the Cabinet Committee on the Development of Youths in Putrajaya today.

He was commenting on a news portal report (Malaysiakini) yesterday that both DAP and MCA called for the ban on the use of 'Allah' in Christian publications to be rescinded.

Loh Seng Kok, who is the MCA publicity bureau chief and the party's central committee member, said in a statement that forbidding “Allah” from being used in non-Muslims' publications had turned the matter into a divisive national issue, one that might become an Achilles' Heel for the BN.- Bernama - Malaysiakini, 3/8/2010, Muhyiddin ticks off MCA for reviving 'Allah' issue



MADPET: N0 TO THE EXTENSION OF DEATH PENALTY TO CHILD RAPIST CIVILISED MALAYSIA MUST ABOLISH THE DEATH PENALTY

MEDIA STATEMENT – 1/8/2010

N0 TO THE EXTENSION OF DEATH PENALTY TO CHILD RAPIST
CIVILISED MALAYSIA MUST ABOLISH THE DEATH PENALTY

MADPET(Malaysians Against Death Penalty and Torture) is appalled by the proposal by Karpal Singh, the chairperson of the Democratic Action Party(DAP) calling for the amendment of the Penal Code to provide for death penalty for child rapists (Malaysiakini, 31/7/2010, Karpal proposes death penalty for child rapists).

Human rights activist the world over, and all justice loving people have called for the abolition of the death penalty.

The Malaysian Bar, a body of more than 12,000 Malaysian lawyers, in March 2006, have adopted the position for the abolition of the death penalty. They have called for (1) Abolition of the death penalty in Malaysia; (2) An immediate moratorium on all executions pending abolition; (3) Commutation of the sentences of all persons currently on death row; and (4) Ratification by Malaysia of the International Covenant on Civil and Political Rights (ICCPR) and the Second Optional Protocol.

It must also be pointed out that a television poll done by RTM 2 during the Hello on Two programme on 7/5/2006 showed that 64% of Malaysians are for the abolition of the death penalty in Malaysia. This program has an estimated audience of 80,000. It is thus important that members of Parliament, the representatives of the people respond to the aspirations of Malaysians and remove the death penalty from the laws of Malaysia and not add new provisions prescribing for the death penalty.

There is a global trend for the abolition of the death penalty and more than two-thirds of the countries of the world have abolished the death penalty in law or in practice.

Resolution 2005/59 of the United Nations Human Rights Commission, calls for the total abolition of the death penalty, and for an immediate moratorium on all executions. This Resolution was supported by the United Nations General Assembly Resolution 62/149 passed on 18/12/2007, where 104 countries voted in favour, 54 against and 29 abstained. On 18/12/2008, the United Nations General Assembly passed another Resolution 63/168 which reaffirmed Resolution 62/149 welcoming the "the decisions taken by a growing number of States to apply a moratorium on executions and the global trend towards the abolition of the death penalty". Resolution 62/149 has 106 countries in favour, 46 against and 34 abstentions.

The United States of America supports the trend towards abolition of the death penalty with increased abolitions in most states. The US Federal Death Penalty Abolition Act of 2009 outlaws federal executions and forbid the use of the death penalty as a sentence for violations of federal law.

The argument used by governments, including the Malaysian government, to justify the death penalty is that deters serious crimes. Deputy Minister Datuk M. Kayveas, confirmed thus belief in Parliament.( Bernama, 28/6/2006) This statement cannot be supported by statistical proof.

There have been studies conducted worldwide over the past seventy years using various different methodological approaches that have failed to find convincing evidence that capital punishment is a more effective deterrent of crime than long-term imprisonment.

Studies conducted in Australia show that abolition of the death penalty had no effect on the homicide. Canadian statistics show that there is in fact ,a sharp decline in the homicide rate after abolition.

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

The United Nations itself noted in 1988, 1996, and 2002, "research has failed to provide scientific proof that executions have a greater deterrent effect than life imprisonment. Such proof is unlikely to be forthcoming. The evidence as a whole gives no positive support to the deterrent hypothesis."

Further, there is always the risk that perpetrators of crimes that carry the death penalty would be more inclined to kill victims and witnesses to avoid the death sentence.

DAP, together with the Parti Keadilan Rakyat(PKR) and Parti Islam SeMalaysia(PAS) form the Opposition Coalition known as Pakatan Rakyat. In the light of Karpal’s statement, it becomes important now, for these political parties to re-state their position on the death penalty.



Malaysia as a member of the UN and the Human  Rghts Council should abolish the death penalty. Karpal Singh should immediately withdraw his proposal to amend the Penal Code to impose the sentence of death on convicted child rapist.

Noting that Article 43 of the Federal Constitution, states that “…Ruler or Yang di- Pertua Negeri of a State has power to grant pardons, reprieves and respites in respect of all other offences committed in his State…”, it is proposed that the Pakatan Rakyat state governments should immediately commutie all death sentences to prison terms, and in the interim a moratorium on all executions in their States.

MADPET reiterates its call for:-
(1)    An abolition of the death penalty;
(2)    A moratorium on all executions pending abolition; and
(3)    That all death sentences be commuted to prison terms.

Charles Hector
for  Malaysians Against Death Penalty and Torture (MADPET)

1 August 2010