More will die sooner because of lack FREE government-provided heart healthcare in Malaysia

Free or affordable HEALTHCARE for all in Malaysia - that is what we must be striving for, but with the formation of the National Heart Institute (or the Institut Jantung Negara [IJN]) , we saw that free/highly affordable healthcare for heart patients, which was previously available in many government hospitals just slowly coming to an end.

Now - when they suspect that someone has a heart related problem, it is said that the doctors will just ask you to go to IJN...

But, it is not FREE .... it cost quite a lot of money. (Of course these rates are not evident in the IJN website...)

Perusing that website, I know that they have only ONE group of privilege patients, possibly who will not have to make any payment at all - and that group is called 'Government Patients' - all others would be private patients. The government patients is defined as below, but I am sure it also them MPs, ADUNs, etc...

Government patients include officers and their dependents (spouse and children) and pensioners of Federal Government departments
State Government departments
Local Authority / Statutory Body departments whose treatment charges and hospitalisation bills are borne by the departments.SOURCE: IJN WebsiteWe

Well, all others are called 'Private Paying Patients' - and these are all the rest of us - "...Patients who pay their treatment charges and hospital bill or borne by their employers or covered by their insurance policies...",

RM500 Deposit needed first - plus guarantee letters that payment will be made...

Can a normal Malaysian or others afford these kind of charges...

It is shocking to note that the Malaysian Government owned 99.9 percent of IJN - and this is how the UMNO led-BN government has been treating the people.

It was reported yesterday that Sime Darby had written to the government proposing to acquire a stake in IJN Holdings as the operator of the national heart institute.

IJN is currently the leading medical heart centre in the region and is 99.99 percent owned by the Ministry of Finance. - Malaysiakini, 18/12/2008 - Gov't gives green light to IJN privatisation

And, now we hear that private corporations are going to take over IJN - Sime Darby, it seems.

Why would SIME DARBY be interested? Only, if IJN is a money-making body ....profits, that is all private bodies are interested in. Surely not the welfare of human persons...

Bernama also reported yesterday, quoting OSK Research Sdn Bhd, that Sime Darby's interest in taking over IJN was in line with the group's mission to strengthen its private healthcare business through its healthcare division.

OSK said that Sime Darby would be able to ride on IJN'strong brand and reputation if the privatisation takes off.

However, OSK said there was still a long way to go despite the positive reception from the Finance Ministry to privatise IJN, as many issues needed to be considered before a final decision.

OSK said one of the Health Ministry's concerns was whether IJN's charges would be increased should it be taken over by a private corporation.- Malaysiakini, 18/12/2008 - Gov't gives green light to IJN privatisation

IJN's charges are already too high - and has become no more affordable to ordinary persons...and once privatized, it would surely be even higher...

Our 'prime minister in waiting', of course was not interested in ensuring free or affordable healthcare for ALL, seem to be more concered with BETTER healthcare for them who can afford it.

Najib today said the proposal would have some advantages for IJN as funding would not be a problem for Sime Darby and doctors would also receive better remuneration.

"Given the need for better treatment of heart diseases and the competition from new hospitals coming up, it is possible to pinch doctors from IJN," he said. - Malaysiakini, 18/12/2008 - Gov't gives green light to IJN privatisation

And what about the poor - the DPM wants a pledge..., and it is something so vague...and maybe they will take in a handful of poor, and that would be a fulfilment of that pledge. What about the rest of the poor and middle-class? Do we just die sooner by reason of the government's failure to provide the required healthcare for its people?

Najib said Sime Darby must pledge its commitment that the poor would not be marginalised if IJN is to be transferred to it.

"Whatever the position of IJN, it is important for the social programme to be given high priority," said Najib, who is also the Finance Minister.- Malaysiakini, 18/12/2008 - Gov't gives green light to IJN privatisation

Healthcare - including heart healthcare must be available FREE for all in Malaysia. It is no use having the "leading medical heart centre in the region" but not ensuring that ALL in Malaysia have easy access and benefits from it.

But alas, the concern of the government is PROFITS... 'competition from new hospitals coming up'...

How many died in Malaysia died by reason of heart ailments/conditions over the last few years since the setting up of IJN (with its high unaffordable charges), who would most likely not have died if they had access to necessary healthcare.

Let Malaysia not go the way of the USA in terms of healthcare - we must look at Australia, France, UK, Cuba, etc... free healthcare for all.

Disband Rela (People's Volunteer Corps) in the interest of justice and human rights

The call for the abolition of RELA yet again hit the newspapers, when the Bar Council once again reiterated its call for the disbandment of RELA..

KUALA LUMPUR, Dec 5 (Bernama) -- The Bar Council today called on the authority to disband Rela (People's Volunteer Corps) following numerous reports on its members' abuse of power and brutality in enforcement raids.

Bar Council Law Reform and Special Areas chairman Datuk M. Ramachelvam said Rela members were not trained for such a job and by allowing them to carry out raids would only perpetuate human rights abuses.

He said instead of capitalising on Rela's manpower, the government should employ more Immigration officers to carry out the job.

"How can they become law enforcers when they undergo only two weeks of training? That is OK if their role is confined to directing traffic, but not conducting raids as they are doing now.

"Rela is not equipped to determine the authenticity of the documents carried by migrants. Allowing Rela to continue to conduct raids on their own will means that many persons who are documented and who have not committed any offence will also end up being detained," he said at a news conference after chairing a roundtable discussion on the "Arrest and Detention of Migrants", here, Friday. - Bernama, 5/12/2008, Bar Council's Call To Disband Rela

And in the media, over the past 2 weeks there were reports that could say strengthen the reasons why RELA should be abolished...disbanded. If there is a need for more law enforcement personnel, then hire and train more police...more immigration enforcement officers, etc..Stop using these volunteers..

A Rela member and two wo­­men were among 12 suspects held for more than 39 cases of armed robbery in the state.

The gang used the women as fronts to go to victims’ houses on the pretext of passing the latter wedding cards. They would then break into the houses and sometimes injure their victims using parangs and axes.

As for the Rela member, police believed that he had rented out his gun to one of the gang members. He was picked up in Nusajaya.- Star, 3/12/2008 -Rela man among 12 held

A Rela raid ended in tragedy when an Indonesian illegal immigrant was killed and another seriously injured when they fell from a flat in Section 19 here yesterday.- New Straits Times, 27/11/2008 - Illegal dies during raid

Sunday, November 30, 2008

Rela and the cops

Posted by: redtiger

Last night at about 1.30 am as I was driving through USJ, there was a road block with the signage written BERHENTI PEMERIKSAAN POLIS. I saw 2 rela officers ushering the cars with their torchlights to drive in a single lane. At the end of the lane there was another 2 Rela officers checking all passing vehicles.

There were 3 uniformed cops standing near the police landrover 'talking' to 4 chinese youths who were presumed to have committed an offence. Their car was parked at the roadside near the landrover.

Under what law and authority does RELA have the power to check vehicles? Who are these RELA guys? They were given the full powers by the 3 lazy cops to do their jobs and of course they would be very glad and excited to do the job for the police.

RELA officers are untrained and comprise of people with low education level. Their selection are not made based on anything. Anyone can join RELA, especially those overzealous guys who want to wear the uniforms and have the 'powers'.

The police should not allow such nonsense by RELA to assist in such anti-crime operations. These are the guys who will add to denting the already bad police image. RELA should not be used for the sake of lack of manpower. Its better to use the Police Volunteer Reserve or even the Auxiliary Police who have some basic police training..

Its enough for the Immigration Department's image to be damaged by these RELA guys in arresting and apprehending the illegal immigrants. Everyone knows their antics when arresting these illegals. Their high handed ways and threatening manners have given the government a bad image to the foreigners, legal and illegals alike. The police should not allow the same to happen and should not succumb to these guys.

The Subang Jaya OCPD should be held responsible for this misdemeanour because accountability is the order of the day!- Star Online

16,991 places that could have been available to Malaysian students - are now occupied by foreign students.

THERE were 16,991 foreign students in public universities as at September, Deputy Higher Education Minister Dr Hou Kok Chung said yesterday. - New Straits Times, Dewan Rakyat, 9/12/2008

Well, it is very good to hear this BUT the question is whether these students are taking places that could have been available for Malaysian students?

Yes - education has become a business - and certainly these 16,991 would help local education institutions generate income - but should not our concern be the provision of educational opportunities to Malaysian students - especially those who cannot afford to go overseas to get their diploma/degrees.

Anyone can be leader -Anyone can be Prime Minister

Did not God...Allah create all human persons equal?

So, I do not at all feel good with all this talk about "Ketuanan Melayu" and "Malay Supremacy" - it sounds as though we advocate the notion that there are some races that are superior to others...and that I believe, is against the notion that all persons are equal...

In Germany there was a belief of Aryan supremacy - then the rice of the Nazi's - then...the extermination of the Jews..

In the US, of course there was the supremacy of the 'white races' for a very long time - the African Americans were even thought to be 'soul-less'.

We definitely do not want to cultivate the notion that there are superior and inferior races in Malaysia - do we now?

Therefore, those who propagate the usage of such terms that depicts that one race (or group of persons) are superior to another must stop doing so now.

Unity, Culture, Arts and Heritage Minister Datuk Seri Mohd Shafie Apdal called on MPs not to twist the ketuanan Melayu (Malay supremacy) issue for the sake of gaining political mileage.

Shafie, who also called for open debates on such matters to cease, said ketuanan Melayu didn’t mean that the culture of master and underling existed in the country because the country practised democratic principles based on constitutional monarchy. - Star, 3/12/2008 - Rafidah: Don’t discuss race, religion openly

Yes, many a time the persons who use such terms that derograte other races and religions do so so for the sake of getting political mileage...and other warped reasons.

Rafidah seem to want us not to discuss race and religious issues - and that is just the wrong solution. We must discuss it...and discuss it with openness. There must an effort also of educating peoples in Malaysia about the different religions and cultures - so that there will be a better understanding. There must a highlighting of the so many common elements that unite...

Edward Dagul seem to see things more clearly - and I too, like him, believe that the day has come when race-based political parties must become a thing of the past.

"We urge Mukhriz to be honest to himself and admit that the real problem lies with the politicians in the current communal-based political party system found within the Barisan Nasional coalition," Sapp Youth chief Edward Dagul said in a statement to Malaysiakini today.

These BN policy-makers' racial ideologies have meant that Umno champions only Malay causes, MCA for the Chinese community and MIC for Indians, he said, adding that when society sees this as the ruling coalition's formula for national integration, the concept of compartmentalisation is accepted.

"That's why no one will speak up for another Malaysian if not of the same race. The idea of ‘better left to someone of their own kind' will seep in. This results in further polarisation," Dagul said.

He said Sapp is disappointed that Mukhriz has decided to adopt this stand.

"It is nothing more than an exercise to garner more support in his bid for the Umno Youth chief's post," the Sapp Youth chief said, adding that the Jerlun MP should focus on Bangsa Malaysia and Wawasan 2020 as advocated by his father, former premier Dr Mahathir Mohamad, instead of harping on racially sensitive issues.

"The country's success lies in its diverse cultures and the mutual respect shown for one another," Dagul said. - Malaysiakini, 3/12/2008 - Sapp: Race-based parties the problem, not vernacular schools

Chua Soi Lek of MCA also expressed on the matter...

MCA deputy president Chua Soi Lek today said that it was time to change the concept of power sharing within Barisan Nasional.

MCPX

He said that the oft-used slogan of ‘Ketuanan Melayu', or Malay supremacy, that indicated a master and servant relationship was unacceptable. - Malaysiakini, 27/11/2008 - 'We accept Malay leadership, not Malay supremacy'

However, I cannot agree the MCA's blind acceptance to Malay leadership. Leadership is an issue that will be decided by the people - by the majority, and race, religion, cultural background, caste, class, gender and all such factors are irrelevant - and the best person/s must be chosen to be the leaders of communities and even the government. I, Charles Hector, also hope that I can and maybe I would be the Prime Minister of Malaysia.

Let us move away from this discussion on terms and definitions - and get down to discussing what we can do to make Malaysia a better and a more just place to live.

Pakatan Rakyat will take over from BN - but do we still want it?

Change of Federal Government after 50+ years from the UMNO-led Barisan Nasional (previously the UMNO-led Perikatan/Alliance) to the NEW Pakatan Rakyat government is something that we are all waiting for...

The perception that Anwar Ibrahim had gone around proclaiming that this would happen on 16 September 2008 - and the fact that it did not happen on that date has greatly affected the credibility of Anwar Ibrahim and the Pakatan Rakyat.

But Syed Husin Ali has now assured us that it will indeed happen...

If (the power transfer) is not tomorrow, it will be the day after tomorrow; if it is not in the near future, it will be in the 13th general election (due 2013),” PKR deputy president Dr Syed Husin Ali declared today.

Opening the annual congress of the party's Youth and Women’s wings this morning, the party’s No 2 conceded a lot of people were “disappointed” when the much-talked about Sept 16 plan did not take place.

However, he blamed the powers-that-be for allegedly using underhanded tactics and asserting pressure on BN lawmakers who were purportedly planning to defect to the opposition, such as monitoring their movements through the police Special Branch.- Malaysiakini, 28/11/2008, PKR: There will be change of gov't

So, it did not happen on 16 September, and it is good that Syed Husin says that it will happen...but the when still remains a mystery. We may have to wait for the next General Elections...or maybe even the elections after that.

Many of us will just be happy with a change in the Federal Government - not really bothered whether there will be any real change in policies, the way things are done, etc..

First thing, they say is that we must have a change of the Federal Government...

BUT then we must not ignore that the Pakatan Rakyat have already managed to change amnd form government in 5 very important States - and the people are looking to see whether there is any real significant change or not. To date, safe for that a bit of 'free water' in Selangor and the elections of leaders at the kampung levels in Perak, there seems to be not much changes.

Local Council Elections -- that was a 'promise' made, but that has not happened.

At least in Perak, they did allow the people to chose the local village/kampung level leaders.

I say again, they can have elections to choose the kampung level, taman level, kampung baru level...leaders at the very least...even if they do not want to have the Local Council Elections yet. There can be elections to choose the Penghulu,...even Senators.

It is all possible...and not doing it is indicative that the quest of PKR (or PR) is for the seat of power...not so much to bring about real changes.

Now, they say that the ISA and Detention Without Trial Laws will be repealed, petrol prices slashed, tol done away...blah...blah..blah - BUT will it happen when the PR finally take power.

Is there really any difference in those 5 States, that the PR has taken over? Maybe, I should just say 4 - since Kelantan has already been long in the control of PAS - now Pakatan Rakyat.

There are many issues in Malaysia. How will Pakatan Rakyat handle it? - the same way as being done by the BN, or differently...We are not hearing much about this? And we cannot say that this is because the media is 'censoring' - not now...not in this time and age when we have so many alternatives...

There has also recently been some criticism about this, and the fact that there is not even a 'shadow cabinet' of the Pakatan Rakyat.

There has also not been any steps to formally register the 'Pakatan Rakyat' - the developing of a common Pakatan Rakyat symbol, etc.. Will they still be running as DAP, PAS and PKR? Are there more parties in Pakatan Rakyat now? Is PSM part of Pakatan Rakyat?

Pakatan Rakyat rules 5 States - and is on the verge of taking over the Federal Government, and as such there must more than just 'campaigning' and 'slogans' ...and trying to get MPs to jump over.

SUARAM:-The Selangor Chief Minister should not undermine the right to assembly

Press statement: 27 November 2008

The Selangor Chief Minister should not undermine the right to assembly

SUARAM strongly condemns the suggestion made by Selangor Chief Minister Khalid Ibrahim on public assemblies in Selangor following an agreement reached with Selangor Police Chief.

Suaram is of the view that the suggestion has clearly undermined the fundamental rights guaranteed by the Federal Constitution and is against the principles of freedom of peaceful assembly set forth in the Universal Declaration of Human Rights.

According to a news report, Khalid Ibrahim was reported to have said that assemblies at public places should be no more than 15 minutes and participants need to return to private halls to continue on their agenda. He also suggested that the organiser should make an official request to the police for such an event.

The Chief Minister’s suggestion is clearly an executive intervention aimed to re-interpret and water down the human rights standard on freedom of assembly in Malaysia . We fear that the suggested restriction by the state executive will only worsen the current climate of harassment and intimidation on public assemblies. This allows for further restriction to the rights to assemble which has already been limited by the police in their highhanded selective and arbitrary actions.

In Malaysia , the right to assemble peacefully is provided for by the Article 10 (1)(b) of the Federal Constitution. The right to assemble is also a universal basic human right which is clearly stated in Universal Declaration of Human Rights (UDHR) and other related international human rights conventions.

We would like to remind the Chief Minister about the two successful mass assemblies in 2007, organised by BERSIH and HINDRAF respectively. The two assemblies are clear proof that Malaysians are capable of holding peaceful assemblies. The Chief Minister also definitely failed to note the recognition and recommendations made by Suhakam and the 2005 Royal Police Commission on the right to assembly as both the commissions recommended that Section 27 of the Police Act that imposes restriction on public assemblies be repealed.

The Selangor Chief Minister’s suggestion also goes against the Selangor state government’s pledge to uphold human rights and democracy principles. The Chief Minister should be mindful that 9 months ago, prior to the general election, a number of the State Assembly representatives and EXCO members were also on the streets in solidarity with the people to protest against policies of the federal government.

The Selangor state government should therefore not back-peddle and compromise on human rights standards with suggestions that undermine the internationally accepted standards on the right to assembly.

We therefore call on the Chief Minister to withdraw his suggestion immediately and work towards realizing the wishes of people in promoting the exercise of human rights in this country. The Selangor state government should call for all legal restrictions on peaceful assembly to be repealed and promote the people’s right to assemble.

Released By,
Tah Moon Hui
SUARAM coordinator

Muslim in Malaysia have no Religious Freedom..?

Well, that seems to be the position taken by a former judge...

PUTRAJAYA, Nov 19 (Bernama) -- The concept of religous freedom does not apply to Muslims in the country, a retired high court judge told an international seminar here.

Datuk Faiza Tamby Chik said, as far as enacted law was concerned, it was clear that it was not easy for one to abandon the practices of the faith.

Citing the case of Lina Joy's renunciation of Islam, Faiza said the high court in its decision ruled that a Malay under Article 160(2) of the Federal Constitution remained in the Islamic faith until his or her dying days.

"The said Malay cannot renounce his or her religion through a deed poll and seek a declaration by virtue of Article 11 of the Federal Constitution," he said when delivering a working paper entitled, 'Malay and Islam in Malaysian Constitution' at the two-day International Seminar on Comparative Laws (ISCOM 2008) which ended today.

Speakers from universities in Sydney, Syria, the Philippines participated at the seminar which was organised by Universiti Sains Islam Malaysia whose speakers also took part.

Faiza is a distinguished Fellow in Faculty of Syariah and Law from the Universiti Sains Islam Malaysia.

On the high court decision, he said the court also held that even if one was a non-Malay and embraced Islam and become a Muslim convert (mualaf) and later decided to leave the Islamic faith, he or she was still required to report and see the relevant State Islamic Authority which would decide on the renunciation of Islam.

He said non-Muslims in the country had wide religious freedom and that the primary limitation on non-Muslims applied to those whose beliefs and religious practices included the propagation of their faith.

However, Faiza said state law may prevent attempts of non-Muslims to proselyte Muslims.

He added that Article 3 of the Federal Constitution provided a balancing clause that other religions might practice in peace and harmony in any part of the Federation.
-- BERNAMA - 19/11/2008, Religious Freedom Does Not Apply To Muslims Here, Says Retired Judge

RELA raid - 1 Dead...1 seriously injured. Abolish RELA.

RELA raid...and another death. It was a raid by apparently just the RELA...(the 'volunteer vigilante corp'). Where were the professional law enforcers - the Police, the Immigration Enforcement Officers during this raid?

"The operation at Jalan Changkat 19/1, involving eight Rela officers, was conducted after Rela received reports of illegal immigrants staying in the unit...."

This is NOT the FIRST time that deaths have allegedly resulted during RELA raids.

I hope that the police immediately commence criminal investigations (or SUHAKAM does an immediate inquiry) to find out what really happened. To determine whether the death was a mere accident or not. Are there any RELA member who are criminally (or otherwise) responsible for the death? Was the death caused by the absence (or lack) of professional training when the raid was conducted?

The undocumented migrant would generally face arrest, detention and deportation. Worse case scenario some WHIPPING..and a jail term...but this is not so bad for a person to 'jump to his death' for, is it. Was he pushed?

Investigation must be done NOW - and must involved also them who have been detained as allegedly being 'undocumented workers', before they are all deported...and the truth covered-up. We really should have PROCEDURES to immediately conduct independent inquiries into these kind of cases - within a month, when the memory is still fresh.

SHAH ALAM: A Rela raid ended in tragedy when an Indonesian illegal immigrant was killed and another seriously injured when they fell from a flat in Section 19 here yesterday.

Shah Alam police chief Assistant Commissioner Nor Azam Jamaluddin said a Rela officer lodged a police report after the 1.30am raid.

He said the Indonesian died an hour after he was discovered by Rela officers.

The injured man was being treated at Tengku Ampuan Rahimah Hospital in Klang.

Selangor Rela director Khairi Mohd Alwee said both men were believed to be hiding when Rela officers raided the fourth floor flat and detained six illegal immigrants, including two women.

Khairi said they were later found in a pool of blood on the ground floor.

He said Rela requested the help of paramedics from Civil Defence Department but one of them died.

"The operation at Jalan Changkat 19/1, involving eight Rela officers, was conducted after Rela received reports of illegal immigrants staying in the unit.

"In light of this incident, I hope all illegal immigrants surrender to the authorities during such operations.

"They should not endanger themselves by trying to flee.

"Illegals would be treated fairly by the authorities after detention."

Apart from the operation in Section 19, Rela Selangor, with the help of the Immigration Department, also conducted similar operations around Puchong and Damansara.

A total of 103 illegal immigrants were detained. - New Straits Times, 27/11/2008 - Illegal dies during raid

I wonder whether the RELA members are still being paid for each and every 'undocumented' migrant they arrest....

Migrants are human beings and should not be treated as stray dogs, and the policy and practice of paying members of the People’s Volunteer Corps (RELA) RM80-00 for each undocumented migrant must be stopped (Star, Monday January 23, 2006). Now RELA is also asking for allowance of RM24.20 for lower ranking members and RM34.20 for officers given to those participating in trainings and courses could be extended for operations (Star, Wednesday December 27, 2006 - RELA seeks allowance for staff during ops).

Syed Shahir, President MTUC during his opening speech at the MTUC/ILO Follow up Workshop on Migrant Workers in Malaysia held on 4-6 December 2006 said that this practice of using these “uniformed part-timers who have some policing powers, who were offered and did receive cash rewards for each migrant arrested as an economic incentive and this was most disturbing and embarrassing.” He also went on to say that it was sad that Home Affairs Minister Datuk Seri Radzi Sheikh Ahmad was reported to have said RELA members would be again roped in for the planned crackdown on undocumented workers in 2007(Star, 14/10/2006).

MCA Public Services and Complaints Department head Datuk Michael Chong claimed that the reward offered had made RELA volunteers desperate to nab as many illegals as possible. He said this when handing over RM,2,400-00, being donations, collected by residents of Old Klang Road’s 4th mile area, to the widows, both of whom had two young children. Their husbands, Ahmad Apik, 35, and Edy Sathurrohman, 26, both Indonesians, drowned allegedly after jumping into the Klang river while trying to evade the RELA personnel. Let’s not forget the words of Michael Chong :” “These people may be illegals [undocumented], but they are still human beings,” (Star, Monday January 23, 2006). A wife loses her husband and 2 children lost their fathers, and RM1,200-00 in donations is a far cry from justice. - RELA’S “CATCH A MIGRANT AND GET PAID FOR IT” POLICY MUST END

Recall also the Malaysian Bar Resolution in 2007 calling for the abolition of RELA..

MALAYSIAN BAR RESOLUTION FOR THE END OF THE STATE OF EMERGENCY AND AN END TO LAW ENFORCEMENT” BY THE UNTRAINED AND ARMED PEOPLE'S VOLUNTEER CORPS ( RELA)

Whereas:-

1. On 31^st August 2007, it will be 50 years since Malaysia achieved its independence and has been for over 30 years been a peaceful democratic nation.

2. It is sad that Malaysia is still in a state of Emergency as there exist today 4 Proclamation of Emergencies issued by the Yang di-Pertuan Agong that is yet to be revoked.

3. Since independence, five states of emergency have been declared under Article 150 of the Federal Constitution. The first was the only one to have been revoked. The remaining four are still in operation. The second state of emergency was proclaimed in September 1964 when the country was faced with a campaign of violence from Indonesia. Although the threat ceased within less than two years, the state of emergency was never revoked.

4. The next state of emergency was declared on 14 September 1966 following the dismissal of the Chief Minister of the state of Sarawak. No violence - or threat of violence - resulted from the crisis. The government nevertheless proclaimed an emergency, confined to Sarawak. And although the crisis was soon resolved, the state of emergency has not been revoked.

5. The fourth proclamation came on 15 May 1969 following large-scale rioting and racial violence in the capital, Kuala Lumpur, during a general election. The violence led to several hundred casualties. As a result, further elections were postponed and parts of the Constitution suspended. Normalcy was restored soon - the legislature was reconvened and normal constitutional government restored in February 1971. However, the state of emergency has yet to be revoked.

6. On 8 November 1977, the fifth Emergency, limited to the state of Kelantan, was declared following a political crisis.

7. By reason of the proclamation of emergency, numerous legislations were enacted and are still in force, including also :-

a) Emergency (Essential Powers) Act, 1964 (30/64), today known as the Emergency (Essential Powers) Act 1979;

b) Emergency (Public Order and Prevention of Crime) Ordinance 1969;

c) Essential (Security Cases) Regulations 1975

8. For example, Section 6 of the Emergency (Essential Powers) Act 1979, states that “"For so long as the Proclamation of Emergency referred to in the preamble to this Act remains in force, the regulations made under the Emergency (Essential Powers) Act, 1964 (30/64) (except those regulations which the Yang di-Pertuan Agong may by notification in the Gazette declare not to be in force) shall be in force and shall have effect as if they have been made under this Act; and the regulations may be amended, modified or repealed as if they have been made under this Act.". [The proclamation of emergency referred to in this Act was the proclamation issued on 15 May 1969.]

9. The Ikatan Relawan Rakyat or better known as RELA (a People's Volunteer Corps) came into being by virtue of Essential (Ikatan RELAwan Rakyat) Regulations 1966 [P.U. 33/1966], under Emergency (Essential Powers) Act, 1964 (30/64), and continue to be in force by virtue of Section 6 of the Emergency (Essential Powers) Act 1979.

10. By virtue of the Essential (Ikatan RELAwan Rakyat) (Amendment) Regulations 2005, which came into operation on 1 February 2005, the powers of the Rela, have been dangerously over-extended giving RELA personnel the right to bear and use firearms, stop, search and demand documents, arrest without a warrant, and enter premises without a warrant. and all these powers can be exercised the RELA personnel has reasonable belief that any person is a terrorist, undesirable person, illegal immigrant or an occupier. Illegal immigrant and occupier (which would be Malaysians usually) was added on by this 2005 amendment.

11. These not-professionally trained volunteers has also now been accorded protection by the new amendments whereby it is stated that "…The Public Authorities Protection Act 1948 shall apply to any action, suit, prosecution or proceedings against the Ketua Pengarah Ikatan RELAwan Rakyat, Timbalan Ketua Pengarah Ikatan RELAwan Rakyat or any member of the Ikatan RELAwan Rakyat in respect of any act, neglect or default done or committed by him in good faith or any omission omitted by him in good faith, in such capacity."

12. Noting also that there has been numerous complaints that have surfaced in the media about the RELA not just from migrants but also Malaysians ranging from torture, gangster-like behavior, damage to property, wrongful arrest and detention and even the causing of deaths.

13. Its was reported that RELA arrested a total of 17,700 people believed
to be illegal immigrants and screened 94,010 people up to September
2006, and that means 94,010 people (or 76,310) with proper documentations were subjected to unnecessary harassment and their right to a remedy in law is difficult. Of the people arrested, recent reports in the media indicate that many may even not be “illegal” or “undocumented” migrants at all.

* “…six foreign workers, all with legal travel and work documents, were whisked out of their quarters in a resort in Cherating in the wee hours of the morning on Dec 28 last year when RELA members "literally broke into their chalet and ordered them out." (The Star, January 12, 2007).”

* “…a team of 30 to 40 RELA members (half not in uniforms) turned up to look for foreign workers, assaulted some and allegedly stole cash and valuables during the raid. The companies, who lodged police reports, said that all the workers had legal work permits…..”(The Star, December 4, 2006) ·

* “22 workers of an IT company were beaten and made to do a 50m "duck-walk" at Section 30 in Shah Alam…” (The Star, February 16, 2006)

* Residents of about 10 households in Taman Anggerik, Cheras, Kuala Lumpur, complained that RELA personnel crashed into their homes after breaking door locks and smashing gates, and told them that they [RELA] were looking for illegal workers. The residents said the RELA personnel acted like gangsters and showed them no respect. When they asked the RELA personnel to explain why they crashed into their homes, they were told "we are the law." Cash totaling RM3,756 in a drawer was subsequently found missing. (The Star, October 17, 2006)

14. There have also been report of beatings and even deaths caused by RELA volunteers. As an example, in early 2006 it was reported that Ahmad Apik, 35, and Edy Sathurrohman, 26, both Indonesians, lost their lives, and they each left behind a wife and 2 young children. (Star, January 23, 2006).

15. The policy and practice of paying members of the People's Volunteer Corps (RELA) RM80-00 for each undocumented migrant must be stopped (The Star, January 23, 2006). Even MCA Public Services and Complaints Department head Datuk Michael Chong claimed that the reward offered had made RELA volunteers desperate to nab as many illegals as possible. (The Star January 23, 2006)

15. Malaysia is a developed country and professionally trained enforcement personnel should be used for law enforcement, and the use of volunteers like the RELA must end.

16. Some migrants may be undocumented, but they are still human beings and deserved to be treated humanely and should be accorded equal protection under the law.

17. Malaysia, a party to the April 1999 BANGKOK DECLARATION ON IRREGULAR MIGRATION, which clearly states “Irregular [undocumented] migrants should be granted humanitarian treatment, including appropriate health and other services, while the cases of irregular migration are being handled, according to law. Any unfair treatment toward them should be avoided” must adhere to its commitments.

18. New laws can always be enacted by a parliament in times of peace if needed.

IT IS HEREBY RESOLVED:-

a) That we, the Malaysian Bar, call upon the Yang Di-Pertuan Agung to revoke all existing Proclamations of Emergency in Malaysia;

b) That we, the Malaysian Bar call for the repeal all legislations and Acts that were enacted and continue to be in force by reason of the now existing unrevoked Proclamations of Emergency;

c) That we, the Malaysian Bar reiterate our call for the repeal of Emergency (Public Order and Prevention of Crime) Ordinance 1969 and the Essential (Security Cases) Regulations 1975;

d) That we, the Malaysian Bar specifically call for the repeal of the Emergency (Essential Powers) Act 1979 and all Regulations and Rules made thereunder, in particular Essential (Ikatan RELAwan Rakyat) Regulations 1966 [P.U. 33/1966], as amended by the Essential (Ikatan RELAwan Rakyat) (Amendment) Regulations 2005;

e) That we, the Malaysian Bar call for the employment and usage of only properly trained professional law enforcement personnel in Malaysia;

f) That we, the Malaysian Bar urge that inquests be conducted for Ahmad Apik, Edy Sathurrohman and for the other persons who have died as result of alleged RELA actions;

g) That we, the Malaysian Bar urge that all persons including undocumented migrants and/or refugees be treated humanely and accorded equal protection of the law;

h) That we, the Malaysian Bar call on the Malaysian government to immediately ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families;

i) That we, the Malaysian Bar call on the Malaysian government to immediately ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Proposers: Charles Hector & Francis Pereira, Motion dated 18^th February 2007.The motion was unanimously carried at the 61st Annual General Meeting of the Malaysian Bar held at the Grand Ballroom, Legend Hotel, Kuala Lumpur - 17 March 2007

Source:- RELA man outraged woman's modesty - Abolish RELA now

The Malaysian Government must employ more full-time professionally trained Immigration Enforcement Officers, and Police - and stop using this volunteer corp...

RESPECT human life and human persons - and abide by the commitments made by Malaysia in the 1999 BANGKOK DECLARATION ON IRREGULAR MIGRATION, which clearly states “Irregular [undocumented] migrants should be granted humanitarian treatment, including appropriate health and other services, while the cases of irregular migration are being handled, according to law. Any unfair treatment toward them should be avoided”

Note also that this incident occurred in Selangor - a Pakatan Rakyat governed state, and I say again that Pakatan Rakyat must EXPRESS clearly its position and stance with regard to RELA....and also Migrants and Refugees in Pakatan Rakyat governed states.

Criminal Court should have ordered compensation for the victim, Nirmala Bonat?

Migrant Domestic Worker Nirmala Bonat was allegedly abused and assaulted by her employer in 2004 - and finally in November 2008, this criminal trial comes to an end, and '...Homemaker Yim Pek Ha was found guilty today of grievously hurting domestic helper Nirmala Bonat, and was sentenced to 18 years in jail...'

It made headlines in Malaysia, with photographs of her severe injuries splashed on the front pages of newspapers when her plight was revealed in 2004.- Malaysiakini, 27/11/2008 - Maid abuse: Housewife gets 18 years

But the Nirmala Bonat's case is the exception .... not the norm. Many a time when the migrant worker is the victim, the perpetrators get off scott free because most will not be able to linger around in Malaysia waiting for the trial (or have the capacity to travel up and down for the trial).

Remember, in Malaysia, the victimized migrant worker, is not given the opportunity to work and earn an income while they wait for their cases to be heard...

Happily after the Nirmala Bonat's expose....the Malaysian authorities came out and asked other victims of abuse to step forward and complain about abusive employers...(But note that you will not be able to work with another employer until the case is over...and this is SO WRONG...)

Migrant Worker victims cannot be expected to just 'hang around' without new employment with a new employer...while the criminal case proceeds.

Could some Member of Parliament ask the question as to how many cases involving migrant worker victims have been completed? How many cases do the prosecution pay for foreign victims to come back to Malaysia to give evidence in the trial? How much money has been expended bringing these foreign victims back to Malaysia for the trial to give evidence?

Homemaker Yim Pek Ha was found guilty today of grievously hurting domestic helper Nirmala Bonat, and was sentenced to 18 years in jail.

MCPX

Kuala Lumpur Sessions Court judge Akhtar Tahir found Yim, 40, guilty on three counts of hurting Nirmala. An additional count of causing hurt was however not proven.

He sentenced her to 18 years' jail on each of the three charges but ordered the sentences to run concurrently.

Akhtar said Yim (left) had committed sadistic behaviour that cannot be tolerated in a civil society.

She had pressed a hot iron on Bonat's back and breasts, and pouring hot water on her legs as punishment for not doing the chores properly.

Yim was cleared of a fourth charge of breaking the maid's nose.

"I agree with the prosecution that you have not shown remorse and have been in a state of denial throughout the case," he said, noting that the court has to give weight to the public interest in passing sentence.

In his judgment, Akhtar said there were suggestions the injury could have been the result of Nirmala suffering bouts of gila kambing (epilepsy).

"Fermima Anunut, the employer of Nirmala's cousin, had testified that she (Nirmala) has the condition. However, Nirmala's mother, when testifying, had denied this.

“The electrocardiogram test and examinations performed by doctors also proved that Nirmala does not suffer from the ailment.”

Akhtar said it was illogical for Nirmala to have suffered a seizure while in her room, and that she had injured herself.

"Furthermore, the court cannot accept how Fermima would have known that Nirmala had suffered seizures when Fermima herself was in Ipoh, working," he said.

Akhtar hence ruled that the injuries suffered by Nirmala were not self-inflicted.

The judge said evidence also showed that Yim was capable of such actions as she had testified to having slapped Nirmala in the past.

"From the statements of the accused while on the witness stand, she blamed the maid for this and that. I could still see Yim's underlying anger even after three years. So it would not surprise me if she had caused the injuries. She also admitted that she had slapped the victim.

"Nirmala Bonat has been consistent in her statements that her lady boss injured her, in her testimony in court and from the time she was found by a security guard.

“The security guard had also given consistent evidence to say the female boss had done this to her. My finding of fact is that the injuries were not self-inflicted."

Akhtar said the court was also satisfied with the prosecution's decision to classify the case under ‘grievous hurt’, as Nirmala testified that she had not taken a bath for 20 days after suffering injuries.

"If a person cannot take a bath for 20 days, it shows the extent of pain from the injuries. Hence, the prosecution was right in classifying the cases as grievous hurt," he said.

In finding that the prosecution has proven its case beyond reasonable doubt, the judge pronounced Yim’s guilt.

Yim was seen crying and later hugging her husband Hii Ik Ting, 42, her children and relatives.

A former air stewardess and a mother of four, Yim was sentenced after Akhtar heard mitigation from her lawyers.

Counsel Jagjit Singh who was assisted by counsel Akbardin Abdul Kader told the court he could not submit that his client was remorseful.

“A staunch Christian, she still believes she is innocent and I too feel the same way,” the lawyer said.

‘Nightmarish experience’

DPP Raja Rozela Raja Toran, in pressing for a deterrent sentence, said Nirmala had come to Malaysia to find a decent job but had returned emotionally scarred to Indonesia.

"Although the physical injuries may have healed, she will always be haunted by her nightmarish experience while working here," she said.

Raja Rozela said the injuries inflicted on Nirmala were done not using ordinary items, but a hot iron and hot water, while the injuries were to her whole body.

"It is unbelievable that one woman would do that to another who is helpless. The extent of Nirmala's injuries showed the inhumane nature of the perpetrator," the DPP said.

She also applied under section 426 of the Criminal Procedure Code for an order to compel Yim to pay compensation.

Jagjit objected, pointing out that Nirmala had received donations in cash and kind from Malaysia.

"She is already a billionaire in Indonesia. Furthermore, my client is also facing a civil suit filed by Nirmala and the Indonesian government.”

Akhtar said he did not want to hear a defence application for stay of execution today, after Raja Rozela raised an objection.

"You have to file a written notice of appeal and after you do that, I will set a date for the hearing," said the judge.

Akbardin then said he wanted to submit an oral application, as he intended to file a written application later today.

However, the judge would not allow it, assuring, “I will set the earliest date available".

Legal history

Outside the court, Jagjit expressed unhappiness with the sentence, saying he felt it to be too harsh.

"This sentence is more severe than for culpable homicide. However, we have to respect the court's decision," he said, adding a notice of appeal would be filed today.

The verdict comes after 110 days of proceedings held over four and a half years.

Yim was charged with four counts of voluntarily causing grievous hurt to the Indonesian, then 19, with a hot iron twice on a day in January and in April 2004, with using hot water on a day in March 2004, and using a metal cup at about 3pm on May 17, 2004.

The offences were committed at Yim's upmarket Villa Putera condominium in Jalan Tun Ismail in Kuala Lumpur.

The first three offences were under section 326 of the Penal Code which carries a maximum punishment of 20 years' jail, and a fine or whipping. The fourth charge under section 325 carries a maximum seven years jail and fine.

This case created legal history when then DPP Stanley Augustin said this was the first time that an individual had been charged with three counts under Section 326 of the Penal Code for offences against the same victim.

Nirmala's case created an uproar among Malaysians and Indonesians, after a security guard discovered her plight.

It made headlines in Malaysia, with photographs of her severe injuries splashed on the front pages of newspapers when her plight was revealed in 2004.

Bonat said that Yim abused her every day of the five months she spent in the family's home, until her breasts and back were covered with burns, and her face was swollen by regular beatings.

In Indonesia, it sparked protests in front of the Malaysian embassy with demonstrators calling for better treatment for domestic helpers.- Malaysiakini, 27/11/2008 - Maid abuse: Housewife gets 18 years

It is good that the perpetrator of the crime is punished - but what about compensation for the victim of the crime. Criminal Courts must start making awards of compensation. There seem to have been an application here...but it seems that there was no award of compensation.

This means that now Nirmala Bonat will have to file a civil suit to get compensation and damages...and she still can do that as 6 years have not yet lapsed.

When migrant workers come forward and report a crime or a wrong committed by their employer or their family against him/her, that migrant worker should be able to go to some SHELTER to stay. Surely, she cannot go back to her employer...This SHELTER must be provided by the government.

Until the case is over , be it a criminal case as in the case of Nirmala Bonat or a Labour/Industrial case, the Migrant Worker should be permitted to remain in Malaysia - and also to be able to work and earn a living as he/she waits for her case to be completed.

When it comes to Migrant Workers - cases have to be expedited, to be completed not later than 3 - 6 months.

Updated Note

Compensation - the court should order the perpetrator to pay the victim compensation.

'Anti-freedom of assembly Selangor MB' really must be 'reformed' or kicked-out

The people come out to the street and other public places to express themselves - to let others know of their position and stance on certain matters.

The importance of the freedom of expression and freedom of opinion - is so that OTHERS are aware of it, so that others may be convinced to join the cause or to show support to the cause.

It is useless for persons who want to do this to go to some secluded area...or some enclosed area...and shout "Abolish ISA" or carry posters. It is stupid.

It is a public protest...and the object is ADVOCACY...lobbying the unconvinced or the rest of the people...

The object of a public protest or act of expression is to show NUMBERs - i.e. that this is a matter that many support. And in Malaysia, it would also mean that it is something that people consider really important - so important that I am willing to face potential arrest, potential assault and battery by the police, tear gas, water cannons...

There are other avenues of expressing oneself - but different people express themselves differently...and that is their right.

I should not be required to get anyone's permission before I be allowed to assemble and express myself...

That is why I cannot agree that persons should apply and get police permits before exercising their right to assemble peacefully and express themselves on particular issues.

And, if you have had the experience of trying to get police permits, you would realize that it is a 'stupid exercise'....and the police, normally imposes unacceptable conditions, and delays in the granting of the permit until the 11th hour - so that you would not have the time to mobilize people to attend the protest...

And that is why I am shocked with PR Selangor Menteri Besar, who really do not understand the purpose of public assembly and expression - and this continuous struggle of all freedom loving Malaysians to resist that "get permission from police first" provisions in Malaysian laws..

LARGE gatherings and demonstrations in Selangor are allowed as long as they are held indoors and prior notice is given to the police.

Menteri Besar Tan Sri Abdul Khalid Ibrahim said yesterday police would not take action against gatherings held in enclosed areas such as multipurpose halls.

He has also given the green light to participants to extend their activities outdoors for 15 minutes.

"If there is a need to demonstrate outdoors, it shouldn't be more than 15 minutes," he said at the Parliament lobby yesterday.

He said Selangor police chief Datuk Khalid Abu Bakar had agreed to these suggestions.

Khalid said all parties, including political parties and non-governmental organisations, should adhere to these rules.- New Straits Times, Dewan Rakyat - Green light for large gatherings indoors

Hold in in enclosed areas...like multi-purpose Halls - what is the use? Who will see the expression of those assembled..

Further, try getting permission to use these Halls, usually under the Local Council. And are they free...NO they are not. And mind you, they come with conditions as well...and then you will have to comply with the conditions of the Hall owner...the conditions of the police, etc..

Recent assembly of protest in PJ against the ISA got the permit - with the condition that no anti-ISA T-shirts be worn by participant, no speeches ...

"...it shouldn't be more than 15 minutes..." - really this man is stupid and have no understanding of the freesom of assembly and protest...

There really is no difference, is there whether it was Khir Toyo (BN) or Khalid Ibrahim (PKR-PR)...

I feel that we need to get a new MB that will better reflect and practice the values and principles of Pakatan Rakyat ...of the REFORMASI....of the Makkal Sakti...

What do you think?