‘What harm can Chin Peng’s ashes do?’

An MCA leader supports the return of Chin Peng's ashes, contrary to party president Dr Chua Soi Lek's position.

PETALING JAYA: Despite his death a week ago, former Communist Party Malaya (CPM) leader Chin Peng continues to stir controversy – this time in MCA.

MCA Publicity Bureau chairman Heng Seai Kie today said the ashes of Chin Peng should be allowed to be brought home, contrary to party president Dr Chua Soi Lek’s statement on Tuesday that Chin was a “personality who undermined national security for decades”.

Chua had not directly dismissed Chin Peng’s return, but acknowledged the call by former special branch deputy director Yuen Yuet Leng and had said: “I don’t have (any reasons). He (Yuen) may has his information which is not made available to me.”

“Whether Chin Peng is a hero or not is not an issue here. In fact, you do not need to be a hero to be allowed a burial in Malaysia,” Heng said in a press statement.

“The BN government does not need anymore bad publicity of being seen as making decisions based on racial lines,” she added.

Heng justified her statement with the “decent burial” of suspected terrorists Dr Azahari Husin and Nordin Mohamad Top – two individuals wanted by the Indonesian governments for several deadly bombings – in Jasin and Pontian, respectively.

“Born and bred in Malaya, everyone, including Chin Peng has the right to be interred in Malaysia. On humanitarian grounds, we should honour this nonagenarian’s last wishes,” she said.

“On the other hand, there are no laws in this country which forbids anyone who intends to have last rites and his resting place here,” she added.

“After all, what harm can his ashes do to the country?” she asked.

Heng further said the government should honour the clauses agreed upon in the Haadyai Peace Accord “so as to uphold the integrity and credibility of our government”.

“Since other Communist Party of Malaya leaders like Syed Hamid Ali and Shamsiah Faekah were allowed to return to reside in Malaysia, why not the same be applied to Chin Peng?” she questioned.

On Thursday, MCA vice-president Gan Ping Sieu said the government should not succumb to political pressure nor act in a vindictive manner over the return of Chin’s ashes.

Yesterday, Prime Minister Najib Tun Razak welcomed Chin Peng sympathisers to legally challenge the government’s decision of barring the latter’s remains from entering Malaysia should they feel the government has got no legal rights to do so.

Najib was responding to a FMT report which quoted several legal experts as saying that the ashes of Chin was his family’s individual property, should the former Communist Party of Malaya secretary-general be cremated.

Earlier yesterday, former Inspector-General of Police Musa Hassan said was a terrorist and there is no need to acknowledge his death.

UN hears of ‘atrocities’ in Sabah, S’wak

Suaram reports to the UNHCR that the situation of the natives in Sabah and Sarawak was worrying.

KUALA LUMPUR: The United Nations today heard of the ‘forced displacement” and “loss of livelihood” faced by the indigenous communities in Sabah and Sarawak as a result of the various development projects, including the construction of many hydroelectric dams.

Tabling their report on issues at the 24th regular session of the United Nations Human Rights Council (UNHRC) in Geneva, Suaram executive director Nalini Elumalai said the situation in Sabah and Sarawak was particularly worrying.

“The indigenous peoples of Malaysia facing forced displacement and loss of livelihood due to large extractive industries.

‘We are particularly concerned by the situation on the East Malaysian states of Sabah and Sarawak”, she said.

Earlier in a separate written statement also tabled before the UN, she urged the Malaysian government “to end the violence and harassment against indigenous peoples defending their native customary land, and to ratify ILO Convention 169″.

Suaram, which was speaking on behalf of human rights defenders in Malaysia, also told the hearing that it recognised “the challenges facing the indigenous communities” even as Malaysia pursued its “development and modernity” agenda.

“Indigenous peoples should be afforded with the choice of joining mainstream society,” the statement said.

Malaysia is signatory to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), but has still not ratified ILO Convention 169.

The ILO Convention is a legally binding international instrument that deals specifically with the rights of indigenous and tribal peoples.

Countries that have ratified the convention are subject to supervision of how the requirements are implemented.

Nalini while commending the Malaysian government for being a signatory to the convention, called on the authorities to enshrine the “the rights of indigenous peoples to free, prior and informed consent, as declared under UNDRIP”.

Allow special rapporteur in

Meanwhile Malaysia’s Human Rights Commission, Suhakam, in a video message told the UN hearing that the adoption of a human rights based approach to development are key elements in ensuring that indigenous peoples’ rights are protected.

Echoing Suaram’s stance, Suhakam said it “strongly believes the recognition of indigenous customary right to land” must also be protected.

Suaram also called for the Malaysian authorities to allow Special UN Rapporteur on Indigenous Rights, James Anaya to conduct a mission to Malaysia as soon as possible.

Anaya had visited Kuala Lumpur earlier this year to meet with representatives of the Asia Indigenous Peoples Pact (AIPP), which included a contingent of Malaysian indigenous peoples.

He was here to conduct research for a thematic report on extractive industries.

Suaram, Aliran and other Malaysian NGOs are in Geneva to lobby the international community on Malaysian indigenous issues in the run up to Malaysia’s Universal Periodic Review (UPR) in October.

The UPR assesses the human rights records of all the UN’s 193 member states.

The UPR provides an opportunity for all member states to declare what actions they have taken to improve the human rights situations in their countries.

In real terms, the periodic review is designed to prompt, support and expand the promotion and protection of human rights on the ground.

Experts: Tribunal ‘witnesses’ can be sued

Legal experts have warned that those who spoke up at Bersih's People's Tribunal could face legal repercussions as they are without immunity.

PETALING JAYA: Those ‘testifying’ before Bersih’s People’s Tribunal could spark a legal backlash of defamation and other civil suits, and possibly charged with sedition, legal experts said today.

Civil Liberties lawyer Syahredzan Johan and legal expert Dr Azmi Sharom concur that unlike the Royal Commission Inquiry (RCI) and Suhakam inquiry, the Bersih’s tribunal was without the involvement of government officials thus, it had no legal standing and the “witnesses” were without immunity.

“However, this is not to discourage anyone but since civil experts have concurred that Malaysian courts are quick to discharge election offences cases, the people have to resort this avenue to voice their dissatisfaction with the general election,” Syahredzan said.

According to him, the government was supposed to look into the alleged election offences but it failed to do so therefore, such tribunals were set up for the citizens to vent their grouses. The people’s lack of confidence in the system also compelled the people to resort to such tribunals.

Syahredzan also urged the tribunal organisers to advise their witnesses before hand on the repercussions of testifying.

“Remember, the people are speaking out without fear and telling the truth…that is the best weapon to defeat defamation,” he said.

Another legal expert Dr Azmi Sharom also echoed the views, saying that Bersih organisers should give legal aid or protection if there is any legal charges taken up against the witnesses.

“Since the courts are shunning election offence cases, the people have nowhere to go to vent their pent up dissatisfaction except at these tribunals,” he said.

Bersih 2.0 organised the five-day “People’s Tribunal on 13th General Elections” with a coalition of 84 NGOs voicing for clean and fair elections to investigate the conduct of the last general election and to provide a platform for Malaysians to make their voice heard.

The Head of the Legal Team would tender arguments and “evidence” of those who “testified” at the tribunal to a panel of eminent figures.

On the second day of the tribunal yesterday, notable witnesses had made claims such as Barisan Nasional supporters from the Tapah parliamentary constituency threatening PKR security aide late K Murugan during the 13th general election campaign and Cameron Highlands MP G Palanivel had dabbled in money politics and resorting to threats to win the seat.

Yesterday, Attorney-General Abdul Gani Patail called the tribunal a public stunt that has not legal grounds.

He said the Bersih tribunal was different from a Royal Commission of Inquiry which is a formal public inquiry into a specific issue and governed by certain acts.

PSM, Jerit gesa KP NS bertindak

Mereka mahu tindakan disiplin diambil ke atas Ketua Balai Polis Mantin, Cif Inspektor Rashid Kasim atas dakwaan salah guna kuasa.

SEREMBAN: Ketua Polis Negeri Sembilan, Datuk SAC Osman Salleh digesa mengambil tindakan disiplin terhadap Ketua Balai Polis Mantin, Cif Inspektor Rashid Kasim kerana bertindak kasar dan gagal menjalankan tugas secara profesional.

Gesaan itu dibuat Parti Sosialis Malaysia (PSM) dan sebuah pertubuhan bukan kerajaan (NGO), Jaringan Rakyat Tertindas (Jerit) hari ini.

PSM dan Jerit merujuk kepada insiden penangkapan 12 individu termasuk ahli PSM, aktivis Jerit dan penduduk Kampung Hakka, di Mantin pada 12 September lepas.

Setiausaha PSM Seremban, S Tinagaran dalam memorandum yang diserahkan kepada Pegawai Hal Ehwal Awam, Ibu Pejabat Kontinjen (IPK) Polis Negeri Sembilan, Adanan Buayurin meminta Ketua Polis Negeri Sembilan menyiasat dan seterusnya mengambil tindakan yang sewajarnya.

“Saya mewakili PSM, Jerit dan penduduk Kampung Hakka menuntut agar Polis Mantin tidak campur tangan dalam hal masalah tanah antara penduduk kampung dengan pemaju kerana masalah ini masih dalam perbicaraan mahkamah.

“Kami mendesak polis membuat penilaian semula terhadap tuduhan yang disabitkan oleh Ketua Polis Mantin di mana lima aktivis serta tujuh penduduk kampung ditahan dan digari atas satu kesalahan yang tak masuk akal serta tidak munasabah.

“Terdapat salah guna kuasa oleh Ketua Balai Polis Mantin dalam Borang Hak-Hak Orang DiTangkap Seksyen 28A di mana berlakunya penyelewengan butiran pengesahan oleh pegawai penangkap.

“Kami ingin mengutarakan isu-isu secara langsung kepada Ketua Polis Negeri Sembilan memandangkan ada segelintir polis termasuk

Ketua Balai Polis Mantin mempunyai satu persepsi buruk terhadap ahli PSM serta NGO Jerit berdasarkan beberapa insiden sebelum ini dan menggunakan peluang ini untuk membalas dendam.

“Kami juga mendapati, semua siasatan yang dijalankan ini adalah dengan perasaan yang kurang memuaskan dan dengki serta memutuskan bahawa semua tahanan sebagai penceroboh,” kata Tinagaran.

Insiden

Tinagaran berkata terdapat beberapa insiden salah guna kuasa polis yang tidak professional yang Ketua Polis Negeri Sembilan perlu mengambil perhatian dan antaranya adalah:

Cara Ketua Balai Polis Mantin Cif Inspektor Rashid Kasim dimana beliau menahan serta menggari sendiri lima aktivis serta tiga penduduk kampung tanpa berunding walaupun kami semua bersedia berunding dengan beliau. (Aduan polis disertakan).

Membuat tahanan atas arahan Ketua Balai Polis terhadap empat lagi penduduk kampung di dalam Balai Polis Mantin sedangkan mereka berempat datang ke balai polis untuk membuat laporan polis terhadap insiden yang berlaku pada pagi tersebut. Ini adalah penahanan yang tidak sah. (Aduan polis disertakan).

Melakukan siasatan terhadap kesemua 12 tahanan dan memberi layanan seolah-olah seorang penjenayah di mana tangan kami digari sepanjang siasatan, mengambil ujian air kencing, mengambil cap jari keseluruhan dan mengambil beberapa gambar beserta nombor plat. Pihak polis turut mengambil ujian DNA dengan mengugut kami apabila kami tidak bersetuju untuk memberi walaupun ia adalah hak kami. (Kronologi disertakan).

Berlakunya penyelewengan butiran dalam Borang Hak-Hak Orang Di tangkap seksyen 28A dimana pengesahan oleh pegawai ditangkap adalah merupakan Mohd Sufian Bin Yusof (Pangkat Koperal) sedangkan kami empat aktivis ditahan dan digari sendiri oleh Ketua Balai Polis Mantin, Inspektor Rashid. (Lampiran disertakan).

Justeru itu, Tinagaran berkata memorandum ini adalah bertujuan untuk mengutarakan isu ini secara langsung kepada Ketua Polis Negeri Sembilan selaku pegawai polis tertinggi di Negeri Sembilan.

“Kami dari PSM menyeru Ketua Polis Negeri Sembilan mengambil tindakan yang sewajarnya terhadap tuntutan yang diutarakan di atas kerana penduduk kampung Hakka hilang kepercayaan terhadap pegawai-pegawai siasatan Balai Polis Mantin serta IPD Nilai terutamanya Ketua Balai Polis Mantin, Inspektor Rashid.

Turut hadir menyerahkan memorandum kepada wakil Ketua Polis Negeri Sembilan ialah Inspektor Adenan ialah beberapa penduduk Kampung Hakka, Mantin dan aktivis Jerit.

MCA: Why let Jemaah Islamiyah terrorists in and not Chin Peng?

Perlembagaan Malaysia, Perlembagaan Sekular

Chin Peng and a generation of angry people

COMMENT Driving me to the airport en route to Bangkok for the man's funeral, my brother asked me: "Why is there such a big fuss over Chin Peng's death?"

Born in 1988, my brother, like many in our generation, was still in diapers when Chin Peng - the last leader of an armed struggle of his era in this region - signed the Hatyai Peace Accord with the Malaysian government.

My brother's 'memory' of Chin Peng (right in photo), if at all, is a half-faded recollection of Rundingan Baling - a familiar term, if only because we had all memorised it for Form 2 history exams.

This, even though we were fortunate enough to grow up in a household where Communist Party of Malaya memoirs - including the Ching Peng's 'My Side of History' - filled our family bookshelves.

Like my brother, I was a teenager when the Chin Peng's 527-page book hit the market. I remember lugging it to a sort of summer camp I was attending that school holiday. I also remember that I only lasted a few chapters.

For teenage Aidila, it was a hard read, a tedious read, a book about things, people, events which meant little to me.

Relative to my peers, on a scale of 1-10 (1 being completely ignorant and 10 being absolutely knowledgeable about the history of the Leftist movement), adult Aidila is probably a five, if at all.
Reaction triggers bewilderment 
And I say this because while I am not completely unaware of that part of Malaysian history, much of my knowledge on this was only gained over the few years of working as a journalist.

It is because of this that I spent the morning of Sept 16 bewildered by the reactions to Chin Peng's death on social media and in the readers' comments sections of news portals.

Not as scathing but still laced with malice, one man - also a child of the Eighties - said it was a Malaysia Day gift.

And he did not mince his words: "We should just flush his body down the toilet!"

Never mind the logistics of doing what the angry man had suggested, the question swirling in my head was: 'Where does this anger comes from?'

Was it from watching too many re-runs of 'Bukit Kepong'? Because I watched those, too, and can hardly remember anything but Jins Shamsudin in khaki shorts.

Was I not as angry because I am not patriotic enough? Or is it because I don't know anyone who had been widowed or orphaned in those long years of the insurgency?

Casualty rate reveals truth
But despite my late grandmother's stories of sexual assault, torture and murder by Japanese troops - I feel no hate for the Japanese.

Could it be then because I am just simply not Malay enough? The anger, at least online, seem to come exclusively from Malays, furious with this Chinese man for killing Malay soldiers.

But a Malay twenty-something engineer KL-ite who voted, reads the newspapers and generally keeps abreast of current affairs told me: "I don't really know much about him, to be honest."

Another young man, this time a Chinese from Alor Setar - just a few hours drive from the Southern Thai villages where former CPM fighters eventually settled down - seems to be in the same boat.

"Who is Chin Peng? Is he someone we know from school?" he had asked.

(For the record, while it is true that Malays enlisted by thousands in the Malay regiment and police during the insurgency, historian Lennox A Mills notes that the largest number of deaths were among the Chinese - 1,700, all civilians, were killed as at June 1957. In contrast, his colleague Brian Stewart wrote that by the end of the Emergency in 1960, a total of 1,346 police personnel were killed, 1,601 wounded.)
Getting all  hot in ignorance
Fifty-eight percent of Malaysians are below the age of 30. That's more than 16 million people. Many more did not live through the Emergency.

As the debate over whether to allow Chin Peng's ashes into Malaysia rages on, many of them will grow even more enraged over someone they know next to nothing about.

I know Chin Peng fought along British troops against the Japanese, but got double-crossed by the British and then fought against them, too. I also know that he was prepared to end the armed struggle in 1955 - albeit with conditions.

I know that Chin Peng continued the armed struggle which killed many, including the assassination of top cops, despite Malaya already achieving Independence in 1957.

I also know that I don't know as much about Chin Peng as I'd like to.

But instead of lazy indifference or blind rage, I'd like to learn more.

---

AIDILA RAZAK is a member of the Malaysiakini team. The writer is currently in Bangkok.

CPM leader's long-time comrade still feels betrayed

When Tunku Abdul Rahman Putra cried 'Merdeka!' seven times on Aug 31, 1957, Lao Chiang was a 28-year-old crouching near a radio in the middle of the jungle.

Taking up arms as part of the Communist Party of Malaya guerrilla army four years earlier, Lao said the Merdeka broadcast felt like a betrayal.

"He (the Tunku) did not say a word about the communist fighters. We fought the Japanese and the British, and now the fruit of independence was taken by someone else. Khianat," he said in Malay.

It is this sense of betrayal that kept him in the jungles, fighting with the 5th Regiment until the peace accord in 1989.

"A few days before the peace accord (then CPM secretary-general) Chin Peng came to see us in the jungle on the Thai border and told us we could soon lay down our weapons.

"In 1989 we were still there, still in our uniforms because the Tunku did not agree to let us be free (in the 1955 Baling Talks).

"If Chin Peng had agreed to the Tunku's conditions, all of us would have been charged with some crime or the other. Thank goodness for Chin Peng."

A towkay's son

Today, at Chin Peng's wake in a temple in Bangkok, Lao Chiang (a nickname that means 'old river') is feeling a mix of betrayal and loyalty.

Loyalty for a "towkay's son who gave up wealth to fight for the people", and the feeling of betrayal over how Chin Peng has been treated, even in death.

Ironically dressed in a jacket with the words 'police' written on its sleeve, Lao said, bitterly: "The police won't even allow his ashes in. Not one little speck!

"A three-day wake for someone like him is so short," Lao said, his voice, cracking. "He was a great man, but they (the Malaysian government) can't even properly remember his name."

His 36 years in the jungle did not appear to have taken a toll on his health.

At 84 - and only five years younger than Chin Peng when he died on Sept 16 - Lao stands straight as a broom and was seen pacing the temple perimeter for hours, waiting for Chin Peng's remains to arrive.

Eagerly, he tells Malaysiakini that he hails from the same small town as Chin Peng - Sitiawan in Perak.

"But I didn't know him until later. He was already part of the revolution at the age of 15. I was still planting vegetables."

Independence and equality

Having worked in an underground anti-colonisation movement, along with members of AMCJA-Putera for six years, he said he took up arms because police started looking for him.

"No one knew, not my brother, or even my wife. But a Special Branch officer went to my brother and told him I was with CPM. I had no choice but to go to the jungle," Lao said.

"We survived because the people gave us food and money. Malay and Chinese villagers, Indian estate workers who hardly had enough or themselves. The guerilla army existed because of the people."

Joining the insurgency also meant leaving his pregnant wife. He would not meet his daughter for another 36 years, when she sought him out at the peace village in which he settled down, in southern Thailand.

In 1989, Lao applied to return to Malaysia but was rejected because he refused to denounce the CPM.

"They had it all written out for me. That the CPM was bad and all that, and I had to sign it. I refused so I was not allowed to return to Malaysia."

These days, he said, he enters Malaysia with a Thai passport and sometimes he meets his grandson.

"He's a bright kid, drives a big car. But the government did not want him. He could not get contracts because he is Chinese. They only gave things to Malays, so he's now in Singapore.

"Independence did not bring us equality," Lao added.

Chin Peng 'never regretted his actions'

As far as Anas Abdullah can recall, in the 56 years that he had known former Communist Party of Malaya leader Chin Peng, the latter had never expressed regret for his actions.

"He never felt any regret. What he did was right. Going against colonisers is not wrong," Anas (right) said when met at Chin Peng's wake at a Bangkok temple this drizzly morning.

"He had to continue with the insurgency after the Baling Talks because the Tunku (Abdul Rahman Putra) did not allow us to be free.

"CPM members were to report to police stations, like we were criminals. It was unacceptable."

Eyes glistening, the soft spoken Anas, 56, the son of Regiment 10 leader Abdullah Sudin, said there was no talk of regret even when he last visited the 89-year-old in hospital last week.

"Chin Peng was upbeat and optimistic, and even with a tube attached to his nose, he called out to me. He recognised me and was happy," he said of the man he called 'Uncle'.

Although the conversations were short - "He was tired so we didn't want to wear him out" - on his deathbed, Chin Peng never indicated that he would have taken a different path.

A warm man who liked the harmonica

Remembering his 'Uncle' as a warm, accesible person who loved to play the harmonica, Anas travelled from Kampung Sukhirin, in South Thailand, the moment he received the call that Chin Peng was no more.

"I got the call and immediately. I thought, ‘He died at 6.20am on Sept 16. The CPM took up arms on June 20 (1948), and Sept 16 is Malaysia Day.

"We don't believe in in superstitious things but it is something coincidental," said Anas, a Malay and a practising Muslim.

The son-in-law of CPM fighter Abdullah CD, Anas first met Chin Peng at the age of 12 and worked alongside Chin Peng at radio station Suara Revolusi Malaya in China.

"Sometimes, he would play the harmonica for broadcast.

"He'd come to us and put his arms around us, and invite us for walks together. He was not like what he is made out to be."

In a picture in his mother-in-law Suriani Abdullah's memoir, Anas is a moutachioed 32-year-old, the youngest and only surviving member of CPM's delegation of six in Hatyai.

"I had a mustache before, but no longer. It comes out white now," he said, giggling.

But then his boyish, smiling face clouded over with a sense of sadness: "I'm only one left now. I'm all alone."

Breach of peace agreement

More than sad, Anas appeared more disappointed, even angry that the Malaysian government had chosen to treat Chin Peng's memory the way it has.

As someone who was party to the intial talks and the final peace agreement, Anas said, Malaysia has now cemented its position as a country that does not uphold international agreements.

He said that by  raisingsuch a  shield  against the return of Chin Peng's remains, Malaysia had breached at least two points of the agreement - to allow all CPM members to return home and not to slander them any more.

Now a Thai citizen Anas said the whole matter has been politicised.

He applied to return to Malaysia in 1989 but was rejected because he could not prove his citizenship. Anas was born in Indonesia and his parents were born in Singapore.

"Now even the prime minister is calling us terrorists... It has become a tool to instigate the Malays...," he said.

He pointed out that the 1989 peace talks took off because of Abdullah CD's long-standing friendship with then deputy prime minister Abdul Ghafar Baba.

Leaders from both sides then had ties that bound them together, he said. However, these things have now been forgotten.

"How do we say who's punching right or who's punching wrong in a boxing match? The police attacked us and we attacked them, too.

"We even fought with the Thai soldiers, and some were killed, hurt or maimed. But why is it that the the Thais do not treat us in the same manner (as Malaysians)?"

MCA: Muslim terrorists buried here, why not Chin Peng?

Turning up the heat ahead of Chin Peng's cremation, MCA questions the government’s double standard in reference to  the burial of two Muslim terrorists in the country.

The party's publicity chief Heng Sia Kee said the government should not appear as being racist and allow the former communist leader’s ashes to be brought back.

Heng was referring to the late Azahari Husin and Nordin Mohamad Top, both of whom were wanted by the Indonesian government for the 2002 and 2005 Bali bombings, attack on Jakarta's JW Marriott hotel in 2003, and on the Australian embassy in 2004.

They, too, were far from being Malaysian heroes, noted Heng.

"Whether Chin Peng is a hero or not is not an issue here. The government does not need any more bad publicity to be seen as making decisions based on racial lines," she added.

Furthermore, Heng said, both Azahari and Nordin could be considered the worst villains as they sought out innocent lives for destruction.

Azahari and Nordin were both colleagues in Universiti Teknologi Malaysia (UTM) in Johor before allegedly climbing the ranks of Jemaah Islamiah (JI), a terrorist network linked to Al-Qaeda.

Azahari was shot dead in Indonesia in November 2005. Nordin was at one point Indonesia's most wanted Islamic militant and said to be a key bombmaker for JI. He was killed in 2009.

"It should be pointed out that unlike the two terrorists as named above, whose goal was terrorism and targets were innocent tourists or anything deemed Western, Chin Peng's war was to secure Independence," said Heng, adding that this was no different from Indonesians resorting to an armed struggle against the Dutch.

She noted that while it was true that Malaysia rejected communist ideals, the  Communist Party of Malaya (CPM) fought mostly against security forces.

In view of this, she said, MCA appealed for the Sitiawan-born Chin Peng’s ashes to be brought back.

"On humanitarian grounds, we should honour this nonagenarian’s last wishes. After all, what harm can his ashes do to the country?" she asked.

Heng also pointed out that former CPM leaders like Syed Hamid Ali and Shamsiah Faekah were also allowed to return to reside in Malaysia as agreed to in the Hatyai Agreement.
                                      
Born Ong Boon Hua in 1924, Chin Peng was pronounced dead at 6.20am on Monday in Bangkok and he is slated to be cremated today in Bangkok.

Among others, government leaders have argued that Chin Peng did not accept the offer for Malaysian citizenship after the peace deal was inked in 1989.

Forced to sleep on the walkway

Najib: Halang Chin Peng pulang tak langgar perjanjian

Anwar: Mahathir not entirely to blame for Project IC

Philippines: Jihad Displaces More than 60,000

MANILA, PHILIPPINES (Worthy News)– Philippine troops have begun to battle their way back into several coastal communities in Zamboanga where Muslim rebels have held residents hostage in a six-day standoff that so far has killed 56 and displaced more than 60,000, according to Creeping Sharia.

Interior Secretary Mar Roxas said government forces surrounding the Moro National Liberation Front's fighters have slowly started to retake rebel-held villages in the outskirts of the port city.

President Benigno Aquino III assured displaced villagers who were sheltered at a sports complex in Zamboanga that the government was working to quickly end the crisis.

He said the government was obligated to use "the force of the state" against any rebels holding hostages.

The standoff began last week when about 200 rebel fighters stormed several villages in Zamboanga; the rebels' rationale for the attack was that the Philippine government had reneged on a promise to develop long-neglected Muslim areas within the majority Catholic nation.

Back in 1966, rebel leader Nur Misuari signed a peace deal with the state, but instead of giving up their arms, the Muslims made new demands.

Curfew in Delga, a Islamist-held town where Christians cannot live

This morning, the army entered some of the town's districts only thanks to air cover. The Muslim Brotherhood and Salafists had taken it over on 14 August. Because Islamists are heavily armed, the army and police waited for reinforcements before moving in. half of the town's 20,000 Christians have fled after churches and homes were torched or demolished. Those left have to pay jizya, a tax for unbelievers last levied under Ottoman rule.

Delga (AsiaNews/Agencies) - A small-scale civil war broke out yesterday in Delga, a town in Upper Egypt following its takeover by Islamists over a month ago.

According to local sources, the Egyptian military and police retook the town this morning from armed extremist militia, only thanks to the intervention of the air force.

From Cairo, the orders are clear. Those responsible for the violence must be arrested and Delga must be back under state control.

The military moved in following continuous allegations of religious persecution against Christians by the Muslim Brotherhood. For weeks, the army and police declined to intervene for lack of manpower and to avoid casualties.

Some 20,000 Christians lived in the city, which remains off-limits to outsiders.

On 14 August, Islamists took advantage of the chaos that began when the authorities began clearing pro-Morsi camps in Cairo to occupy Delga and impose Sharia law on the entire population.

After their takeover, members of the Muslim Brotherhood torched at least 62 homes and forced half of the Christian population to flee Minya Governorate.

Many of the homeless who stayed found shelter with other Christian and Muslim families.

Coptic residents said that some Islamic leaders tried to negotiate with the Islamists to stop the destruction of homes.

Youssef Alfi, a resident, said that extremists started to force Christians to pay the "jizya", the ancient poll tax tolerated non-Muslim minorities have to pay if they want to survive in Islamic territory.

The "tax" ranged from a minimum of 200 Egyptian pounds (US$ 30) to 500 pounds (US$ 70) per household, a considerable sum considering that an average Egyptian salary is around US$ 135 per month.

Anyone who did not pay had his house set on fire and destroyed.

Even those who fled town had to pay for fear that when they came back they would find their property burnt.

On 14 August, "Thousands of Islamists were attacking all the houses and we rushed to escape from the houses, leaving everything," a woman said. "Everything we possess was looted and some parts of our houses were torched.

"We now live at homes of Christians and some just Muslims hosted others, because we cannot return to our homes," a man added.

Islamists especially vented their rage on churches and monasteries. Like many other villages and towns of Upper Egypt, Delga has a mixed population. Christians and Muslims live and work in buildings next to each other.

Local sources said that the Muslim Brotherhood destroyed the town's three main Christian sites: the ancient Coptic Church of the Virgin Mary, a building that dates back to the 4th Century AD; St George's Church; and the Anba Abraam Monastery, which had already been attacked in 1993.

The Coptic church is now a pile of rubble. Its ancient furniture, dome and altars were destroyed. Salafists and members of the Muslim Brotherhood even stole its marble slabs.

Nothing was spared, said Fr Abraam Tanas, the priest of the Church of the Virgin Mary and resident in the monastery.

The attack came from the nearby Ebad el- Rahman mosque, which is located less than a hundred metres from the Coptic monastery.

Attackers broke into the building. After burning and destroying objects, stealing works of art, and desecrating ancient relics, they wrote graffiti on church walls, like 'There is no god but Allah' and 'Egypt is Islamic'.

On the monastery's main wall, extremists also wrote 'Delga Martyrs Mosque'.

Is Ku Nan saying there were Bangladeshis in Putrajaya?'

BERSIH TRIBUNAL Bersih 2.0 co-chairperson Ambiga Sreenevasan has asked if the BN secretary-general Tengku Adnan Tengku Mansor is now admitting that there were Bangladeshi voters in Putrajaya due to his allegation this morning.

Tengku Adnan had made the allegation that it was Bersih who ferried Bangladeshis into Putrajaya to vote during the May 5 election.

“Is he admitting that Bangladeshis were in Putrajaya? If that’s the case then it is a very serious allegation,” she told Malaysiakini.
She said that as such, Tengku Adnan (right) should repeat his claim in front of the People’s Tribunal on GE13 that is currently going on until Sunday in Subang, organised by Bersih.

“He should come here and say it,” she said on the sidelines of the tribunal today.

She also said that Tengku Adnan’s claims that Bersih was responsible for foreign voters was “outrageous”.

“We are shocked at the allegation,” she said.

“I can’t believe there is not a single person from BN who has come forward and bothered to listen to the people’s grievances during the tribunal,” she added.

“Why didn’t he say (make the allegation) earlier?” she asked.

A broken Sanjeevan says he's ready to quit MyWatch

MyWatch chairperson R Sri Sanjeevan is a broken man and is prepared to end his days as an anti-crime watchdog after a close brush with death, The Star newspaper reports today.

“I am thinking of a natural death for MyWatch. As a patriotic Malaysian, I’ve done my part and have been beaten and shot at for it,” Sanjeevan is quoted as telling The Star in an interview.

The 29-year old Sanjeevan said his MyWatch work was not worth another bullet or his family’s safety.

The report says Sanjeevan has lost 15kg in weight, shaved his head and wears a brace on his chest to hide surgical scars.

He recently underwent a critical operation to remove a bullet lodged in his ribcage for 18 days after being shot on July 27 by two men on a motorcycle in Negri Sembilan. For a while after that, he suffered amnesia.

“But I remember now and I can remember everything that happened when I got shot,” Sanjeevan said. He identified the man who shot him as “an Indian, fat and tall”.

MyWatch’s patron, former inspector-general of police Musa Hassan, had said that Sanjeevan had received death threats prior to the shooting, after his expose on police personnel allegedly involved in crime syndicates.

Komas lawyers to file bid charge is unconstitutional

Lawyers representing Komas coordinator Lena Hendry, who claimed trial to a charge of showing a film without approval from the National Film Censorship Board, will file an application that the charge is unconstitutional.

The movie in question is 'No Fire Zone: The Killing Fields of Sri Lanka' shown at the Kuala Lumpur and the Selangor Chinese Assembly Hall at about 9pm on July 3.
Lawyer New Sin Yew said they will file the application in the High Court in Kuala Lumpur before Oct 21, which is the next mention date in the magistrate's court.

Another lawyer, Andrew Khoo (left), said the charge on Lena was an action against human rights defenders.

"It's unconstitutional as a mere documentary was shown. Does this mean that videos shown in weddings need the board's approval?," he asked, adding that was the basis for contesting the legality of the action.

Khoo pointed out that the same documentary had been shown to MPs, and questioned why action had been taken against human rights defenders for showing (human rights abuses in Sri Lanka) the same documentary.

"The abuses are not even in Malaysia and they are taking action," he said.

Khoo, who is also a Bersih 2.0 steering committee member, also pointed that Malaysia as a member of the Human Rights Commission, had gone against taking action on Sri Lanka for violations but lately had abstained from voting.

Lena (right in photo) earlier claimed trial at at the magistrate's court to the charge of showing the movie on a Sri Lanka massacre, without obtaining approval from the National Film Censorship Board.

She stands to face a fine of between RM5,000 and RM30,000 or a maximum jail term of three years, if convicted for the offence under Section 6(1) (b) of the Film Censorship Act 2002.

Magistrate Ashraf Rezal Abdul Manan fixed bail at RM1,000 with one surety. DPP Muhammad Husaini Rosli prosecuted.

It was reported that the Home Ministry and Immigration Department officers raided the KLSCAH premises during the screening.

Bumi affirmative package 'unconstitutional'

COMMENT It appears that the RM30 billion Bumiputera Economic Empowerment package to reward the Malays and natives of Sabah and Sarawak for voting Umno-BN is incompatible with the constitution.

As a policy, it is inherently discriminatory; namely against the non-Malays. This is diametrically opposed to the right to equality guaranteed to all Malaysians under Article 8 of the federal constitution.

As the fund is taken from public funds, every taxpayer should be treated equally.

Even if Prime Minister Najib Abdul Razak tries to justify the package under Article 153, there are several arguments against the package. In short it is hard to square the policy within the Article 153 framework which stands as the foundation for the special position.

It is to be emphasised that under Article 153, the privilege is for all the Malays and the Borneo natives. Since Najib administration made the voting for Umno-BN as the qualification, the package is obviously against Article 153.

It is to be pointed out that the very basis for the race-based affirmative action is being Malay, and later extended to Sabah and Sarawak, when the two states joined the federation in 1963.

In announcing the package, Najib has narrowed down the qualification for the privilege and this is beyond his powers as prime minister.

Najib did not consult rulers

Whatever it is Najib, did not consult the rulers on the change of policy; under Article 38 the rulers must be consulted if the government wants to make a policy change in the implementation of Article 153.

The rulers have a constitutional duty to stop the discriminatory nature of the package. They have to remember that it is the rulers themselves who mooted the idea of giving the Malays that special position.

This is one of the issues championed by the rulers when they started the durbar meeting with the British officers in the late 19th century.

With regard to the non-Malays, one has to bear in mind that under Article 153, the government must take into account the legitimate interest of other communities which in this case, include the non-Malays.
Given the huge amount of money taken from the public purse, certainly there is a case for the non-Malays to put up questions on the matter.

In short, the package has the potential of breaking both Article 8 on equality and Article 153 on the special position of the Malays.

It may also catch the wrath of the constitution via Article 38 mentioned above.

Apparently from both substantive - Article 8 and Article 153 - and procedural - Article 38 - Najib has lots to answer.

He may proceed with it given that it is unlikely for the Federal Court to veto the package but the point to be made here is that Najib must convince the taxpayers if the policy is to have a sound constitutional foundation.

Needless to say it will also affect the investment climate in the country as the world is watching.

---

ABDUL AZIZ BARI is a constitutional law expert who was formerly with Universiti Islam Antarabangsa (UIA).

Chin Peng’s ashes: Najib says, sue us

PM Najib says his government has made a decision and he welcomed critics to challenge it in court.
FULL REPORT

KUALA LUMPUR: Prime Minister Najib Tun Razak today welcomed Chin Peng sympathisers to legally challenge the government’s decision of barring the latter’s remains from entering Malaysia should they feel the government has got no legal rights to do so.

“The government has made a decision. If they (critics) are unhappy about it, they can challenge it,” he told a media conference today.

Najib was responding to a FMT report which quoted several legal experts as saying that the ashes of Chin Peng was his family’s individual property, should the former Communist Party of Malaya secretary-general be cremated.

They said the family of Chin Peng can claim their right based on common law, and bring back Chin Peng’s ashes as their wish.

The 88-year-old Chin Peng died in Bangkok on Monday. The Malaysian government had denied Chin Peng’s request to enter Malaysia previously, and stands firm in its decision not to even allow his ashes in.

Najib also rejected claims of the government violating the Hatyai Peace Accord 1989, saying that it was Chin Peng who had relinquished his rights of returning to Malaysia.

Under the tripartite agreement, CPM members who laid down their arms were allowed to return to Malaysia if they wanted to.

Najib said he has checked the documents and found out that it was Chin Peng who had not filed his application to come home within the one-year window after the treaty was signed.

“He did not apply. So it lapsed. On humanitarian grounds, I realised there were many different opinions in the country.

“We must not forget the victims of communist terror. They are very emotional about the many people who have died and wounded. There is a great emotional outpouring against bringing his body to be buried here,” he said.

When asked about Chin Peng’s contribution of fighting the Japanese and British for the country, Najib said it has been outweighed by the killings Chin Peng and his comrades committed later.

Going for the president’s post

Meanwhile, Najib who is also the Umno president, has announced his intention to defend his party post, saying that the grassroots were in favour of him assuming the post for another term.

When asked whether he expects challengers, Najib said: “we will wait until Saturday and your question would be answered in due course.”

Asked again whether he has met Kedah Menteri Besar Mukhriz Mahathir who is said to be interested in contesting for the vice-president’s post, Najib said: “I have met many people.”

This Saturday is the deadline for Umno Youth, Wanita Umno and Puteri Umno’s aspirant candidates to submit their nomination forms.

Chin Peng’s ashes: Najib says, sue us

PM Najib says his government has made a decision and he welcomed critics to challenge it in court.

KUALA LUMPUR: Prime Minister Najib Tun Razak today welcomed Chin Peng sympathisers to legally challenge the government’s decision of barring the latter’s remains from entering Malaysia should they feel the government has got no legal rights to do so.

“The government has made a decision. If they (critics) are unhappy about it, they can challenge it,” he told a media conference today.

Najib was responding to a FMT report which quoted several legal experts as saying that the ashes of Chin Peng was his family’s individual property, should the former Communist Party of Malaya secretary-general be cremated.

They said the family of Chin Peng can claim their right based on common law, and bring back Chin Peng’s ashes as their wish.

The 88-year-old Chin Peng died in Bangkok on Monday. The Malaysian government had denied Chin Peng’s request to enter Malaysia previously, and stands firm in its decision not to even allow his ashes in.

Najib also rejected claims of the government violating the Hatyai Peace Accord 1989, saying that it was Chin Peng who had relinquished his rights of returning to Malaysia.

Under the tripartite agreement, CPM members who laid down their arms were allowed to return to Malaysia if they wanted to.

Najib said he has checked the documents and found out that it was Chin Peng who had not filed his application to come home within the one-year window after the treaty was signed.

“He did not apply. So it lapsed. On humanitarian grounds, I realised there were many different opinions in the country.

“We must not forget the victims of communist terror. They are very emotional about the many people who have died and wounded. There is a great emotional outpouring against bringing his body to be buried here,” he said.

When asked about Chin Peng’s contribution of fighting the Japanese and British for the country, Najib said it has been outweighed by the killings Chin Peng and his comrades committed later.

Going for the president’s post

Meanwhile, Najib who is also the Umno president, has announced his intention to defend his party post, saying that the grassroots were in favour of him assuming the post for another term.

When asked whether he expects challengers, Najib said: “we will wait until Saturday and your question would be answered in due course.”

Asked again whether he has met Kedah Menteri Besar Mukhriz Mahathir who is said to be interested in contesting for the vice-president’s post, Najib said: “I have met many people.”

This Saturday is the deadline for Umno Youth, Wanita Umno and Puteri Umno’s aspirant candidates to submit their nomination forms.

Nobody can hijack Bersih, Ambiga tells RPK

Ambiga rubbishes claims made by Raja Petra Kamarudin that Bersih is a tool of Anwar Ibrahim.

SUBANG JAYA: Bersih co-chairperson S Ambiga has expressed her disbelief with Raja Petra Kamarudin’s comment that Opposition Leader Anwar Ibrahim has destroyed the movement’s credibility.

“Nobody can hijack Bersih. How do you hijack Bersih? People who say such thing do not understand the matter. Bersih is a very strong movement. Hundreds of thousands of people called for a reform,” she told FMT today.

“I don’t understand why he says that. It is insulting the intelligence of 84 NGOs who are involved actively in Bersih.”

“Maybe he is away for far too long and he can’t really see what is happening here in Malaysia,” she added.

Two days ago, the UK-based popular blogger Raja Petra, or best known as RPK, accused that election reforms movement Bersih has failed in its main objective of bringing about electoral reforms in Malaysia.

He said Bersih had made the mistake of aligning itself with Pakatan Rakyat, and had shown more interest in making Anwar the prime minister of the nation.

On another note, Ambiga responded to comments made by Barisan Nasional politicians by asking them to “come and see for yourself”, referring to their earlier comments made slamming the People’s Tribunal as a publicity stunt.

“Rather than criticising they should have come forward and listen to the proceeding. They have no idea what is going on in this tribunal,” she said when approached by reporters.

Ambiga said that she was surprised that no one from the government’s ruling party was willing to accept Bersih’s invitation to the public hearing.

“I am surprised that not even one single person from BN is bothered to come forward. Ordinary Malaysians are here giving their evidences on election irregularities,”

However Ambiga still welcomes those from the ruling party to come to the tribunal before it ends on Sunday.

“They are still welcome and I would receive them and hope that they would take this opportunity,” she said.

Palani paid RM20 for my vote, says orang asli voter

The Cameron Highlands voter says he is still owed RM80 in balance and that the MIC president also threatened to withdraw all free services for the community if they voted the opposition.

SUBANG JAYA: An orang asli voter from Cameron Highlands today accused the Barisan Nasional candidate for the parliamentary constituency of dwelling in money politics and threats in order to win the seat.

Testifying at Bersih’s People’s Tribunal on the alleged cheatings that took place during the May general election, voter Norman Kong said MIC president G Palanivel had allegedly threatened an indigenous community in Jelai that he would end all free hospital services and education programmes if the community voted for the opposition.

Norman also claimed that he was paid RM20 by Palanivel as an advance money for him to vote for the BN during the polling day.

He added that he was promised another RM80 if he managed to bring more people from his community to vote for the BN.

Norman who traveled eight hours to testify in the tribunal this afternoon also mentioned that BN had made various kinds of promises during the campaign period.

“Palanivel came to my village in a helicopter. He promised us many things, from road to houses. He told us not to vote for anyone else other than BN.

“He then said that he would end the free medical treatment and schools if we voted for the opposition, and that we will have to pay for them.

“Palanivel gave me RM20 to vote for BN and promised another RM80 if I brought more people to vote for BN. But I never received the RM80 that was promised,” he said.

“I had voted in three elections and every time there is an election they (BN) promised us better roads and new houses. But until today we never got get what was promised to us. Janji tidak ditepati,” he said.

Norman also testified that the orang asli village heads in the constituency were brainwashed by the Orang Asli Department to vote only for BN.

“The was a programme in Kuantan organised by the department where several orang asli village heads were invited to join the programme. They were brainwashed by the facilitator during the whole program,” he claimed.

“They were told to only vote for BN and not to vote for the oppostion. Later when they returned to their respective kampungs, they were asked to teach their people to follow what they were told during the programme,” he said.

In the GE, Palanivel won Cameron Highlands with a slim 462-vote majority in a five-cornered fight. His closest rival was DAP’s M Manogaran who polled in 10,044 votes compared to Palanivel’s 10,506.

Manogaran recently lost his election petition to challenge the Cameron Highlands results.

The tribunal continues tomorrow.

Ex-IGP: Chin Peng is not a hero

Chin Peng is a terrorist and his death is no loss to us, says former IGP Musa Hassan.

KUALA LUMPUR: Former Inspector-General of Police Musa Hassan said Communist Party of Malaya (CPM) secretary-general Chin Peng was a terrorist and there is no need to acknowledge his death.

“Chin Peng has killed many Malaysians, including those from the police and army forces. His passing is not a loss to us,” he said.

Musa said this at a press conference on the recently formed anti-crime non-governmental organisation, Malaysia Community Crime Care (MCCC).

He said there was no reason to bring Chin Peng’s ashes back to Malaysia as he had caused a lot of detriment towards the nation during his time in CPM.

“Chin Peng is not a hero. It is unnecessary to bring his ashes back to Malaysia even if there is no law barring it.

“He only spent his younger days in the country, after which he fled and lived in exile,” he added.

Musa, who is also the MCCC president, said Chin Peng had not brought about anything positive for the nation.

“Even though the British took over our nation, they left us as a far more developed country.

“Chin Peng, on the other hand, had only brought about loss and divided the people,” he said.

Chin, 89, died in a hospital in Bangkok on Sept 16.

The former communist guerilla has been living in exile for several decades and attempted to establish a communist state in Malaya and later Malaysia, but failed.

He made several attempts to return to Malaysia but was refused entry as the memory of the bloody insurgency that he led was still strong among some Malaysians.

Five-foot way is home for jobless man, son

A jobless man and his adopted son have been evicted from a public flat for not paying rent.

KUALA LUMPUR: A jobless man and his adopted son have been living on the five-foot way of their flat for about two weeks now after Kuala Lumpur City Hall (DBKL) evicted them from the unit for not paying the rent.

Chandra Mohan, 51, said he had been staying in PPR Pekan Batu 5, Jalan Ipoh, Kuala Lumpur for the past 11 years.

DBKL officers evicted Chandra Mohan two weeks ago after he failed to pay the monthly rent of RM124.

“Since then, I am living on five-foot way of my unit with my son. We have no place or relatives to go to,” he told FMT.

His adopted son, Arvind, 14, said his father was an odd-job worker but unable to work now after falling ill.

“My father cannot stand or walk for more than 10 minutes. He is also suffering from trauma after the death of my mother last year,” he said.

“I have stopped going to school since January to help my father. But the money I get from doing odd-jobs is not enough to pay the rent,” said Arvind.

He added that they did not have money to buy food and most of the time slept with an empty stomach.

“Sometimes, neighbours give us money to buy food,” he said, adding that they use a public toilet nearby.

“We hope someone will help us to find a place to stay,” said Arvind, who wants to continue his studies.

Non-governmental organisation Malaysian Tamilar Indru said politicians and the Welfare Department should offer aid and help find a place to stay for the homeless man.

Its secretary, G Gunasegaran, said Chandra Mohan had been denied aid by the Welfare Department.

“We want the department to offer aid to Chandra Mohan immediately,” he said.

Gunasegaran said Deputy Federal Territories Minister J Loga Bala Mohan, minister Tengku Adnan Tengku Mansor’s special aide R Ramanan and DBKL advisory board member P Malarvily Gunaseelan should look into Chandra Mohan’s plight.

He said Arvind did not have a birth certificate nor identity card and the NGO would help him get the documents.

Musa claims MyWatch poorly managed

Anti-crime watchdog MyWatch never worked together with other members, said former IGP Musa Hasan.

KUALA LUMPUR: Former Inspector-general of Police Musa Hassan said anti-crime watchdog MyWatch never had meetings to discuss action plans among members.

The former MyWatch adviser said the management of MyWatch was poor and its chairman, R Sri Sanjeevan, did not call for meetings with members.

“What is the point of an NGO if you don’t work with the people who are supporting your cause?

“When I was there, we have never had a single meeting to discuss action plans,” he told reporters after the second meeting for the recently formed anti-crime NGO, Malaysia Community Crime Care (MCCC).

Musa, who is MCCC president, said he was no longer with MyWatch, but did not rule out working together with them in the future.

“We have no plans to work with them but if Sanjeevan wants, we will work together for the benefit of the community,” he said.

Musa said MCCC would focus on working together with the police, security companies, neighbourhood watch volunteers and citizens to help reduce the crime rate.

“We are an independent body and apolitical. We take our work seriously and aim to reduce the crime rate,” he said.

Musa said MCCC would hold seminars and awareness campaigns to help the public realise the dangers of not being alert at all times.

“These awareness campaigns will help the people take steps to prevent crime,” he added.

Musa said MCCC members would consists of former policemen, lawyers and even counsellors.

“We have planned counselling for crime victims and their familes to deal with the trauma.

“We will also provide counselling for reformed criminals to lead them on the right path,” he said.

Musa said MCCC’s interactive website would be up and running soon with information on the activities planned.

“The public can even register as a MCCC member on the website,” he added.

Malaysia’s Multiracial Promise Marred by Bigotry and Political Persecution

Malaysia is fond of presenting itself as a beacon of multiculturalism, but intolerance and division are increasingly the hallmarks of this southeast Asian nation of just over 29 million.

The return to court on Tuesday of 66-year-old opposition leader Anwar Ibrahim — who has spent the last five years fighting “sodomy” charges that he insists are politically motivated, and now awaits the verdict of a government appeal against his acquittal in January — is the latest fissure in the nation’s fractious politics. Others include the announcement of $9.4 billion worth of race-based incentives and a worsening climate of racial bigotry and hate speech that has seen Malaysia declared one of the world’s least tolerant societies.

General elections on May 5 saw the incumbent National Front coalition government of Prime Minister Najib Razak returned to power by the narrowest of margins — 50% to 47% of the popular vote. This translated to 133 to 89 parliamentary seats due to the “first past the post” electoral system, alleged electoral irregularities and apparent widespread gerrymandering.

The opposition Pakatan Rakyat (People’s Alliance) coalition, led by Anwar, complained bitterly and tens of thousands took to the streets to demand an investigation. In response, several opposition figures were arrested amid a crackdown that saw democracy take “significant steps backward,” according Bridget Welsh, an associate professor in political science at Singapore Management University.

(PHOTOS: Living in Malaysia’s Melting Pot)

Despite lauding itself as a democracy, Malaysia has been characterized by racial politics since 1971, when statutory privileges for the Bumiputra, or “sons of the soil” as the Malay and smaller indigenous minorities call themselves, were introduced in the wake of bloody race riots. Ethnic Malays make up roughly two-thirds of the population, but Malaysians of Chinese immigrant ancestry are generally wealthier and better educated. (According to Najib, they are 50% wealthier.)

On Sept. 14, statuary entitlements for secondary education, government-linked jobs, entrepreneurship and housing were increased for ethnic Malays at the expense of the Chinese and Indian population. “[The government is] insisting on a racist agenda at the expense of the country,” Anwar told TIME from the Court of Appeal in Kuala Lumpur. Najib, however, insists that the policy is fair. ”We are doing what is right and we are doing what is equitable,” he said upon announcing the move.

Curiously, Najib, an economist, previously described himself as a reformer who wanted to dial back Malay entitlement through his 1Malaysia drive, which championed ethnic harmony, national unity and needs-based instead of race-based assistance. The promises did not last long, however. “This guy has portrayed himself as a reformer of the highest level, but what he is actually doing is very much against reform,” says Welsh.

Instead, Najib appears to be focusing on hardliner support, which he needs in order to avoid losing his job at the United Malays National Organization (UMNO) annual general assembly on Oct. 5. “Najib is in a contest with hardliners for the hearts and minds of his party,” says Phil Robertson, deputy Asia director at Human Rights Watch. The Prime Minister’s “complete turnaround,” Robertson says, is due to his “fighting for his political life” after a disastrous performance at the ballot box.

(MORE: To Modernize, Can Malaysia Move Beyond Race?)

The near unanimous opinion among economists is that racial entitlements for Malays come at a cost for the country. Reserving key posts for unqualified people, for example, simply drives talent away. One out of ten Malaysians with a tertiary degree migrated in 2000 — twice the world average — while 90% of Malaysian migrants to Singapore were educated Chinese. Currently more than one million Malaysians work abroad out of a voting population of around 13 million.

“Economic advancement and progress will suffer and we will lose competitiveness because of the brain drain,” says Anwar. Last month, Malaysia cut its 2013 growth forecast from around 6% to as low as 4.5%. “Using the race card is not helping Malaysia but just family members and cronies,” Anwar adds. “This is 2013 and nobody is questioning your right to help those who need help, but it should not be based on race.”

The same Malay supremacist elites championing racial entitlements are also driving the charges against the opposition leader. “I can think of no other politician in Southeast Asia that’s been more persecuted over the last ten years than Anwar Ibrahim,” says Robertson. UNMO’s motivations are plain. As the head of a coalition of secular, Chinese and Islamic parties, Anwar “is the one person that everyone agrees has the stature to step up and be a legitimate candidate for prime minister,” Robertson explains.

The father-of-six was accused of consensual sexual relations with his political aide Mohammed Saiful Bukhari Azlan in 2008, but High Court Judge Mohamad Zabidin Diah ruled in January that the DNA evidence presented by the prosecution had not been handled properly and could have been tampered with. (Anwar was originally charged with forcible sodomy until the defense questioned how a man in his 60s with a history of back complaints could have overpowered a healthy 20-something.) Nevertheless, the government chose to appeal the acquittal, with the case described by Welsh as “flawed at best” and indicative of the “tragic comedy” that Malaysian politics has become.

“We saw this in the May election, we saw it with the arrests of people after the election, we saw this with the dismissal of both the electoral officials,” says Welsh. Now, she adds, Malaysia’s tragicomedy can be seen in “the fact that [the government appeal against Anwar] is even moving forward.”

Read more: http://world.time.com/2013/09/19/malaysias-multiracial-promise-marred-by-bigotry-and-political-persecution/#ixzz2fMbMXfzw

Anwar tells of special task force to issue ICs to foreigners in Sabah

The Royal Commission of Inquiry (RCI) on Sabah's illegal immigrants problem today heard from opposition leader Datuk Seri Anwar Ibrahim that Malaysian identity cards were illegally issued even during the time of second Prime Minister Tun Abdul Razak Hussein.

Anwar, the deputy prime minister from 1993 until his dramatic sacking in 1998, told the Inquiry that between 1972 and 1984, there was an influx of refugees fleeing fighting in southern Philippines.

The refugees were granted identity cards indiscriminately between 1979 and 1990, said Anwar, who said a special task force was formed by the National Security Council for this purpose.

"The task force is still active today," he said.

Anwar said issues of national security were closely guarded by Tun Dr Mahathir Mohamad during the latter's premiership.

As the Home Minister at that time, Dr Mahathir was in charge of citizenship matters.

"Yes, I knew of this special task force but I was not privy to its workings or exact details of its tasks.

"Ultimately, Dr Mahathir was the person responsible and if he chose not to bring-up the issue during Cabinet meetings, you have to wonder why," said Anwar.

He further said that members of the administration then, including within Umno, were not aware of what transpired.

"There were no Cabinet papers on that issue nor was it brought up during meetings, you can check the minutes if you don't believe me.

"Had I attended any such meeting relating to the issuance of identity cards to illegal immigrants, I am very sure that it would be noted in the minutes. I am not talking about an ordinary task force, I am referring to a special task force whose tasks were less than transparent," Anwar told the Inquiry.

Saying the task force was still operational, he named Prime Minister Datuk Seri Najib Razak and his predecessor Tun Abdullah Ahmad Badawiand, saying both have more information about the task force.

"The task force was set up by the National Security Council, which is known to be a very important strategic body. What some people may not know is that the NSC also serves as Umno's war room from time to time," Anwar told the five-man RCI panel led by former Sabah and Sarawak Chief Justice Tan Sri Steve Shim Lip Kiong.

To a question by RCI consulting officer Manoj Kurup on how to deal with illegal immigrants who held identity cards, Anwar replied: "This is a massive nightmare for the country which was created by the executive. It involves massive corruption and a serious threat to Malaysia's sovereignty. And now we are being asked how to clean up the mess created, which also had strong ramifications in the 13th general election."

Shim and Manoj took turns in questioning Anwar on his role during that time.

Shim: There was a significant population increase in Sabah which occurred roughly around the time of Umno's entry into the state. You were responsible for spearheading Umno's entry into Sabah in 1991, isn't that correct?

Anwar: Yes, there were good reasons for Umno to feel that they should have a strong influence in Sabah. However, you have to differentiate between a political party fighting a legitimate battle within the boundaries of the law and a party that isn't.

Shim: There are perceptions that the population increase was due to illegal immigrants being incorporated into the community to increase the fortunes of a certain political party.

Anwar: It is unfair to blame the party as a whole as not everyone is privy to the matter. But the leaders who knew about the incident and chose to condone such secretive and clandestine acts of sabotage should be hauled up and held responsible. Nobody should condone an illegal operation which threatens national security.

Manoj: What can be done to tackle the issue of illegal immigrants holding Malaysian identity cards?

Anwar: We should be fair, not every Filipino in Sabah is an illegal immigrant, we must ascertain who are the actual refugees. Indiscriminate revocation of their identity cards is against international law, even if Malaysia is not a signatory to that particular agreement. But the first step we must take is to put an immediate stop to the issuance of identity cards to illegal immigrants. There are government or Umno officers who have been sent to Sepang and Selayang to issue identity documents to illegal immigrants. We must stop these excesses now without any excuses.

Manoj: What should be done with the illegal immigrants who have Malaysian identity cards, whose children and grandchildren were born here?

Anwar: This is a very complicated issue as withdrawing their identity cards would mean these people become stateless. We must think of the present generation and consider their rightful place in Malaysia.

Urging for caution when it comes to revoking the identity cards given under dubious circumstances, Anwar said the matter must be dealt with on humanitarian grounds.

"If we revoke the identity cards, who is going to accept the illegal immigrants? Certainly not the Philippines or Indonesia.

"I have held discussions with former Philippines President Fidel Ramos during our respective terms in office. He was reluctant in accepting former refugees back to the Philippines as he considered them Malaysia's responsibility," Anwar added. - September 19, 2013.

Mukhriz Confirms Contesting For Umno Vice-presidency

ALOR SETAR, Sept 19 (Bernama) -- Kedah Menteri Besar Datuk Mukhriz Tun Dr Mahathir Thursday confirmed that he will be contesting for the Umno vice-presidency at the party election next month.

He said he made the decision after taking into consideration the many advice he received from all levels and after considering the most suitable post he should be contesting.

"I have asked myself whether I'm truly ready for this. I have taken into account all aspects of this matter.

"So, to represent the northern zone, especially Kedah, which has been returned to Umno, Kedah which is the birth state of our Father of Independence, and our Father of Modernisation, Kedah where the Sultan becomes the Yang di-Pertuan Agong twice, I humbly offer myself to run for Umno vice-presidency at the party election this year."

Mukhriz made the announcement at the ceremony to introduce Kedah candidates for Umno election 2013 at the Menteri Besar's Residence, Seri Mentaloon, here Thursday.

Apart from Mukhriz, five other Umno leaders, including Felda chairman Tan Sri Isa Samad and former Melaka Chief Minister Datuk Seri Mohd Ali Rustam, had announced their candidacies for the three Umno vice-president seats.

The three seats were currently held by Datuk Seri Ahmad Zahid Hamidi, who is Home Minister, Datuk Seri Mohd Shafie Apdal (Rural and Regional Development Minister) and Datuk Seri Hishammuddin Tun Hussein (Defence Minister).

All of them had also announced that they will defend their seats.

Mukhriz, who is also Kedah Umno chairman, said as the state's leader, he must listen to the advice and try to meet the demands of his supporters.

"Among the advice I received is to ensure that I can continue serving the people from the highest level possible. These advice have become hopes and as a leader, I cannot escape, they have become my responsibility," he said.

In his speech, Mukhriz also pledged his full support to Datuk Seri Najib Tun Razak's leadership as the Umno President and Tan Sri Muhyiddin Yassin as the Deputy Umno President.

At a press conference later, Mukhriz said he made the decision with the aim to translate the transformation he had wanted to make in the party through the slogan of 'Dare to Change' which he used when contesting for the post of Umno Youth chief in the party polls in 2009.

He said the opposition parties had started making preparation for the 14th general election and had opened their doors to young leaders to be involved in shaping the future of their parties.

"When the time comes for the 14th general election, these young leaders will be the ones who lead the opposition election machinery.

"These are the people that Umno has to face... If no changes are made in Umno and Barisan Nasional (BN), will there be a possibility for us to defend our 133 Parliamentary seats or even to increase the number? That is my main concern. We must change," he said.

Meanwhile, Mukhriz said his post as the Menteri Besar would probably become the biggest restriction for him in gaining support from Umno delegates across the country.

"As candidates, we have to gain support from the delegates across the country, but as a Menteri Besar of Kedah, I have responsibilities here. I may not have the time to go to other states to campaign," he added.

Police shooting - judge asks settlement be explored

The hearing of a civil suit at the Kuala Lumpur High Court of a single mother who had been shot by the police four years ago, did not go on as the judge has asked parties to look into the possibility of settling the suit.

Lawyer N Surendran said Justice Hue Siew Kheng has asked parties to consider that, failing which the trial will begin tomorrow.

Initially the trial was fixed for two days beginning today.

"However, the judge has two part-heard (on-going trial) cases and has postponed today's proceedings and asked parties to look into the possibility of settling the matter," said Surendran, who is also Padang Serai MP.

"If there is no settlement, the trial will go on. It is not about the quantum of damages to be paid but for the police to be accountable of their actions."

Surendran said they may apply in court tomorrow for the police to reveal the Inspector-General's Standing Orders (IGSO) on when they can use their firearms.

Norizan, 34, survived five gunshot wounds on her chest and wrist, when policemen opened fire on her car she was travelling in at the Middle Ring Road II in Kuala Lumpur in 2009.
She filed a suit last year claiming for general damages and specific damages of RM18,000 for having surgery at Institut Jantung Negara for having a damaged lung removed.

‘Hisham did not pay’

Surendran told reporters outside court that former home minister Hishammuddin Hussein had told him in a meeting at Parliament that the government will agree to pay the RM18,000.

However, to this day, Surendran said they have not paid any of the amount.

The main thing, he said is that they want to get to know about the IGSO.

“It was discussed briefly during the Aminulrasyid Amzah trial but the full contents has never been disclosed as it is an Official Secrets Act document,” he said, adding hence the conditions on when the police can use guns are not known.

Surendran pointed out that Norizan’s was an interesting case as this is where the police had fired shots but the victim is still alive and her testimony, if there is no settlement tomorrow, would be interesting.

It was reported that Hishammuddin had said that no action would be taken on the police shooters despite investigations having been carried out under Section 307 of the Penal Code for attempted murder.