Young girls in Chah
Bahar, Iran. Iran's body of clerics and jurists has not yet
vetted the new legislation on child marriage. Photograph: Jamshid Bairami/EPA
vetted the new legislation on child marriage. Photograph: Jamshid Bairami/EPA
Wednesday 2 October 2013
Hinduism growing in Africa without Proselytizing
Interestingly, Hinduism is the fastest growing religion in Ghana. And no one is involved in the business of converting anyone. Kwesi Anamoah, national president of the African Hindu Temple, discusses the spread of Hinduism within Ghana.“Today, there are 2,000 to 3,000 families worshipping all over the country which is a big increase from the 24 people who participated in the first-ever training camp in 1976 to become disciples. We have not achieved this through the winning of souls as other religions do, but have attracted people into the practice of Hinduism simply by the lives we lead. Our lives shine in the community to attract people.”
Ghana’s 24 million population is primarily Christian (70%) and second most prevalent religious group is the Muslims. In an interesting paper ‘Returning to Our Spiritual Roots’: African Hindus in Ghana Negotiating Religious Space and Identity by Rev. Abamfo Ofori Atiemo, the writer discusses the spread of Hinduism and the form that it will take as it spreads and adapts to the local culture and historical milieu. Here is the abstract from his paper:
Hinduism, in its contemporary transnational form, has been widely noted as a phenomenon present in America, Europe and other parts of the world, including Africa, especially, East and South Africa. Discussions of the phenomenon with regard to Africa have, generally, focused on the Indian Diaspora. However, the developments that occurred in the 19th and the 20th Centuries, which resulted in the growth and spread of Hinduism through its reform movements in India and the Western world, also affected West Africa. The impact of these developments was not restricted to Indian migrants in the region; it extended to the indigenous Africans as well. In Ghana, for example, there are indigenous Africans who identify with Hinduism, professing and practising it as their own religion. Several Hindu movements have been established in the country. They include the Divine Life Society, the International Society for Krishna Consciousness (ISKCON), Brahma Kumaris and Sri Satya Sai Baba. There are also movements of Buddhist and Sikh origins such as the Maha Bodhi, Nichiren Shoshu, the Soka Gakkai and Guru Nanak. The presence of these traditions has significantly changed the religious landscape of the country. Previously, the religious space was occupied by only three traditions – the indigenous religions, Christianity and Islam.
All the movements of Asian origins have, to different degrees of success, attracted indigenous Ghanaians. The Hindu groups appear the most successful. For example, the International Society for Krishna Consciousness (ISKCON) has established a number of branches, and runs a basic school that is well-patronised by both Hindus and non-Hindus. There is also a Hindu Monastery of Africa (HMA), headed by an African Swami, who studied Vedanta at the Forest Academy of the Shivananda Ashram in Rishikesh, India. The latter has established more than seven branches throughout the country and two other branches in neighbouring Togo and the Ivory Coast. In 2010, it was reckoned that there were more than twenty thousand Hindus in Ghana, out which a little over two thousand were Indian migrants.
In this paper, I examine the phenomenon of the ‘African Hindu’ within the context of current discussions about the so-called ‘neo-Hinduism’ and ‘transnational Hinduism.’ I also discuss how these African Hindus resort to a reinterpretation of the history of their traditional religion and culture, in their attempt to find religious space in the almost choked religious environment of Ghana and, also, how they attempt to negotiate their new religious identity in relation to their identity as Africans (Ghanaians). I conclude with a prognosis of the form that Hinduism is likely to assume in the near future on Ghanaian soil as its African converts attempt to live their faith in the context of their local culture.
12-year-old kidnapped, burnt to death
The boy, identified as Vidhu Jain, was on his way to his brothers’ schools to drop his lunch box that he had forgotten home. In an unexpected turn, suspects kidnapped the boy and then poured petrol on his body before setting him on fire. He was brought to the local hospital with 100 percent burns and died.
The incident took place at around noon on Monday. The police say that the motive is being probed. Angry relatives and locals ransacked buses and blocked the highways in protest. The shopkeepers at Malerkotla and Dhuri observed complete shut down after the incident. No arrests have been made so far while investigations are underway.
The crime, sources said, could have also been committed for ransom. The family of the boy runs a departmental store in the township.
Iran lawmakers pass bill allowing men to marry adopted daughters
Human rights activists say approved bill, making girls vulnerable to the ruling from age 13, 'legalises paedophilia'
Parliamentarians in Iran have passed a bill to protect the rights of children which includes a clause that allows a man to marry his adopted daughter and while she is as young as 13 years.
Activists have expressed alarm that the bill, approved by parliament on Sunday, opens the door for the caretaker of a family to marry his or her adopted child if a court rules it is in the interests of the individual child.
Iran's Guardian Council, a body of clerics and jurists which vets all parliamentary bills before the constitution and the Islamic law, has yet to issue its verdict on the controversial legislation.
To the dismay of rights campaigners, girls in the Islamic republic can marry as young as 13 provided they have the permission of their father. Boys can marry after the age of 15.
In Iran, a girl under the age of 13 can still marry, but needs the permission of a judge. At present, however, marrying stepchildren is forbidden under any circumstances.
As many as 42,000 children aged between 10 and 14 were married in 2010, according to the Iranian news website Tabnak. At least 75 children under the age of 10 were wed in Tehran alone.
Shadi Sadr, a human rights lawyer with the London-based group Justice for Iran, told the Guardian she feared the council would feel safe to put its stamp of approval on the bill while Iran's moderate president, Hassan Rouhani, draws the attention of the press during his UN visit to New York.
"This bill is legalising paedophilia," she warned. "It's not part of the Iranian culture to marry your adopted child. Obviously incest exists in Iran more or less as it happens in other countries across the world, but this bill is legalising paedophilia and is endangering our children and normalising this crime in our culture."
She added: "You should not be able to marry your adopted children, full stop. If a father marries his adopted daughter who is a minor and has sex, that's rape."
According to Sadr, officials in Iran have tried to play down the sexual part of such marriages, saying it is in the bill to solve the issue of hijab [head scarf] complications when a child is adopted.
An adopted daughter is expected to wear the hijab in front of her father, and a mother should wear it in front of her adopted son if he is old enough, Sadr said.
"With this bill, you can be a paedophile and get your bait in the pretext of adopting children," Sadr said. Some experts believe the new bill is contradictory to Islamic beliefs and would not pass the Guardian Council.
An initial draft of the bill, which had completely banned marriage with adopted children, was not approved by the council and it is feared that MPs introduced the condition for marriage to satisfy the jurists and clergymen. This is why Sadr fears it can pass the council this time.
The bill has prompted backlash in Iran with the reformist newspaper, Shargh, publishing an article warning about its consequences. "How can someone be looking after you and at the same time be your husband?" the article asked.
Shiva Dolatabadi, head of Iran's society for protecting children's rights, has also warned that the bill implies that the parliament is legalising incest. "You cannot open a way in which the role of a father or a mother can be mixed with that of an spouse," she said, according to Shargh. "Children can't be safe in such a family."
Execution of juvenile offenders in Iran has also been in spotlight in recent years amid confusion between the age of majority – when minors cease to be legally considered children – and the minimum age of criminal responsibility, which is 15 for boys and nine for girls under Iranian law.
Activists have expressed alarm that the bill, approved by parliament on Sunday, opens the door for the caretaker of a family to marry his or her adopted child if a court rules it is in the interests of the individual child.
Iran's Guardian Council, a body of clerics and jurists which vets all parliamentary bills before the constitution and the Islamic law, has yet to issue its verdict on the controversial legislation.
To the dismay of rights campaigners, girls in the Islamic republic can marry as young as 13 provided they have the permission of their father. Boys can marry after the age of 15.
In Iran, a girl under the age of 13 can still marry, but needs the permission of a judge. At present, however, marrying stepchildren is forbidden under any circumstances.
As many as 42,000 children aged between 10 and 14 were married in 2010, according to the Iranian news website Tabnak. At least 75 children under the age of 10 were wed in Tehran alone.
Shadi Sadr, a human rights lawyer with the London-based group Justice for Iran, told the Guardian she feared the council would feel safe to put its stamp of approval on the bill while Iran's moderate president, Hassan Rouhani, draws the attention of the press during his UN visit to New York.
"This bill is legalising paedophilia," she warned. "It's not part of the Iranian culture to marry your adopted child. Obviously incest exists in Iran more or less as it happens in other countries across the world, but this bill is legalising paedophilia and is endangering our children and normalising this crime in our culture."
She added: "You should not be able to marry your adopted children, full stop. If a father marries his adopted daughter who is a minor and has sex, that's rape."
According to Sadr, officials in Iran have tried to play down the sexual part of such marriages, saying it is in the bill to solve the issue of hijab [head scarf] complications when a child is adopted.
An adopted daughter is expected to wear the hijab in front of her father, and a mother should wear it in front of her adopted son if he is old enough, Sadr said.
"With this bill, you can be a paedophile and get your bait in the pretext of adopting children," Sadr said. Some experts believe the new bill is contradictory to Islamic beliefs and would not pass the Guardian Council.
An initial draft of the bill, which had completely banned marriage with adopted children, was not approved by the council and it is feared that MPs introduced the condition for marriage to satisfy the jurists and clergymen. This is why Sadr fears it can pass the council this time.
The bill has prompted backlash in Iran with the reformist newspaper, Shargh, publishing an article warning about its consequences. "How can someone be looking after you and at the same time be your husband?" the article asked.
Shiva Dolatabadi, head of Iran's society for protecting children's rights, has also warned that the bill implies that the parliament is legalising incest. "You cannot open a way in which the role of a father or a mother can be mixed with that of an spouse," she said, according to Shargh. "Children can't be safe in such a family."
Execution of juvenile offenders in Iran has also been in spotlight in recent years amid confusion between the age of majority – when minors cease to be legally considered children – and the minimum age of criminal responsibility, which is 15 for boys and nine for girls under Iranian law.
Don't take the side of 'criminals', Zahid tells NGOs
“Let not any lawyers, individuals or NGOs try to defend the acts of criminals,” he told a press conference in Putrajaya today.
Ahmad Zahid was responding to queries about concerns by the Bar Council as well as some BN component parties towards the amendment bill that will re-introduce detention without trial.
He
said the NGOs and lawyers should not question the government’s good
intentions and gave an assurance that the revised PCA will only be
directed at criminals.Ahmad Zahid added that the government was determined to have the bill passed in this parliamentary sitting.
“There will be no postponements,” he said curtly, adding: “I will personally table the bill for second reading in Parliament today.”
However, Ahmad Zahid appeared open to the possibility of changes to the bill, saying that any such changes would be done at the parliamentary committee stage.
“If there are any changes, it will be brought to the committee level on condition that it is brought by government or opposition MPs in the Dewan Rakyat, not outside,” he said.
Zahid mum after faux pas
Ahmad Zahid refused comment about the brickbats he had received for suggesting that the revised PCA had no detention without trial.
“I am going to deliver my explanation during the debate, they (critics) may raise all the issues there.
“I am open to it but don’t ever debate it in the media, please use the right forum which is in Parliament,” he said.
Zahid’s previous public remark about the PCA in which he equated judicial review to a trial had earned him a series of stinging criticisms from opposition MPs, including urgings for him to take lessons from the Attorney-General’s Chambers.
Saya nak jadi PM lagi sekali, kata Dr Mahathir
Kajian Merdeka Center yang menunjukkan populariti Tun Dr Mahathir Mohamad mengatasi pemimpin Umno pada masa ini mengejutkan mantan Perdana Menteri itu.
Pemimpin yang paling lama menerajui negara itu mengucapkan terima kasih kepada badan kajian itu sambil berseloroh mahu menjadi Perdana Menteri sekali lagi.
"Saya nak jadi PM lagi sekalilah. Terima kasih beritahu hasil kajian itu. Saya tak baca," katanya kepada pemberita di Subang Jaya hari ini.
Apabila diberitahu kajian itu dijalankan oleh Merdeka Center, sambil berseloroh beliau berkata: "Saya yang memberi dana kepada mereka."
The Malaysian Insider hari ini melaporkan kajian Merdeka Center mendapati populariti Dr Mahathir mengatasi pemimpin Umno pada masa kini dengan mendapat undian sebanyak 79 peratus mengalahkan Perdana Menteri Datuk Seri Najib Razak (69%), Tan Sri Muhyiddin Yassin (54%) dan Datuk Seri Dr Ahmad Zahid Hamidi (58%).
Dalam sidang media sama, Dr Mahathir menjelaskan beliau tidak pernah menyatakan bahawa Syiah harus diperangi tetapi kedatangan ajaran tersebut telah membawa perpecahan kepada umat Islam di Malaysia yang rata-rata berpegang kepada Ahli Sunnah Wal Jamaah (ASJ).
"Syiah tak harus datang ke sini. Fahaman berkenaan telah memecah-belahkan umat Islam dan mengundang permusuhan.
"Pengikut ajaran itu membawa tafsiran agama berlainan sehingga boleh mengundang pembunuhan. Di Malaysia, umat Islam mengamalkan ASJ dan bermazhab Shafie.
"Syiah amalan asing di Malaysia dan boleh mencetus perkelahian," katanya yang sebelum ini pernah memberi kenyataan berbeza.
Media pernah melaporkan Dr Mahathir dan bekas Presiden Iran, Sayyid Muhammad Khatami, dalam kenyataan bersama pada Mei tahun ini memohon pengikut kedua-dua fahaman terbesar Islam menghentikan pertelingkahan dan perbalahan yang telah mengorbankan banyak nyawa.
Dua pemimpin berpengaruh dunia Islam itu merayu umat Islam seluruh dunia tanpa mengira fahaman Sunni atau Syiah supaya segera berdamai dan berhenti berbalah serta berbunuhan sesama sendiri.
Menurut mereka, perbalahan yang berterusan itu telah mencemar maruah dan harga diri umat Islam di mata dunia.
"Kami merayu semua Sunni dan Syiah yang sama-sama beriman kepada Allah, kitab suci al-Quran, Nabi Muhammad SAW dan menghadap kiblat yang sama agar menghentikan pertumpahan darah serta-merta.
"Hentikan keganasan, hentikan pertumpahan darah dan hentikan pembunuhan."
Kenyataan satu muka surat itu dibaca oleh Presiden Pergerakan Keadilan Sedunia (Just), Dr Chandra Muzaffar dalam sidang akhbar Pelancaran Rayuan Bersama kepada Muslim Sunni dan Syiah oleh Dr Mahathir dan Khatami di Yayasan Kepimpinan Perdana di Kuala Lumpur.
Kedua-dua pemimpin itu menandatangani dokumen tersebut yang turut merayu Pertubuhan Kerjasama Islam (OIC) yang mewakili semua negara Islam tanpa mengira mazhab atau fahaman menubuhkan satu jawatankuasa.
Menurut Chandra, jawatankuasa itu berperanan untuk meneliti dengan lebih mendalam jurang perbezaan antara kedua-dua fahaman itu. - 1 Oktober, 2013.
Teacher hit me with shoe, claims student
Traumatised by the incident, 11-year-old Pavitran was further agonised by the police during interrogation.
PETALING JAYA: A teacher allegedly took off her shoe and hit K Pavitran, 11, just because he left his note book at home in Kajang last week. He has not been attending school since then.
Pavitran’s mother E Yogeswari lodged a police report following the incident.
The headmaster summoned Yogeswari to the school and urged her to retract the police report made, but she refused to do so. He even threatened to sue her for tarnishing the school’s image.
On the same day the police called in Yogeswari for investigation together with her son but she was not allowed into the room for questioning. Pavintran was interrogated alone.
According to Pavitran, the police had allegedly threatened to put him in the lock up when he was alone with them.
“They told me I was naughty and use to steal other student’s food; that I use to fight in school. They said they will put me in lock up. I was so scared,” he narrated.
“I don’t want to go to school anymore,” said the traumatised boy.
Pavitran’s father, S Kesavan, is furious as his son is only 11, saying that such a behaviour from the police and the teacher was totally unacceptable.
“It is alright to use a cane to discipline a kid.
“A teacher is supposed to be educated but this is total brutality. Is it because my son is an Indian? I have approached the Education Ministry and would like to transfer him to another school.
“He is too frightened to go to school,” said Kesavan.
Kesavan also said that the teacher has warned other students not to say anything if they were asked by the police about the incident.
“One of the boys who is very close with my son told me about what the teacher said. I hope by revealing this incident to the media my son will get some justice.” said Kesavan.
PETALING JAYA: A teacher allegedly took off her shoe and hit K Pavitran, 11, just because he left his note book at home in Kajang last week. He has not been attending school since then.Pavitran’s mother E Yogeswari lodged a police report following the incident.
The headmaster summoned Yogeswari to the school and urged her to retract the police report made, but she refused to do so. He even threatened to sue her for tarnishing the school’s image.
On the same day the police called in Yogeswari for investigation together with her son but she was not allowed into the room for questioning. Pavintran was interrogated alone.
According to Pavitran, the police had allegedly threatened to put him in the lock up when he was alone with them.
“They told me I was naughty and use to steal other student’s food; that I use to fight in school. They said they will put me in lock up. I was so scared,” he narrated.
“I don’t want to go to school anymore,” said the traumatised boy.
Pavitran’s father, S Kesavan, is furious as his son is only 11, saying that such a behaviour from the police and the teacher was totally unacceptable.
“It is alright to use a cane to discipline a kid.
“A teacher is supposed to be educated but this is total brutality. Is it because my son is an Indian? I have approached the Education Ministry and would like to transfer him to another school.
“He is too frightened to go to school,” said Kesavan.
Kesavan also said that the teacher has warned other students not to say anything if they were asked by the police about the incident.
“One of the boys who is very close with my son told me about what the teacher said. I hope by revealing this incident to the media my son will get some justice.” said Kesavan.
Elderly and disabled mom pines for love
An elderly diabetic woman in Kota Damansara has been ignored by her four children and lives only on welfare assistance.
PETALING JAYA: A little panic crept into the excitement of a handicapped woman as she met the press for the very first time. A visit to her home revealed how she manages on her own despite having lost all her toes on the left foot.
Leaving visitors aside, Nagamma Rajoo, 66, is even seldom visited by her own children, who live less than 2km away. Her husband left her 10 years ago and remarried.
“I am alone and unlike others I do not depend on anyone,” she said in tears.
A peek into her kitchen shows that this woman survives mostly on instant food. Her meals are very little as she splits the welfare funds for her daily survival and medical needs.
She prays that someday her condition will improve though her left foot is quite bad due to diabetes. Nagamma has been in this condition for more than 5 years. She currently survives with the aid rovided by the welfare department.
“I receive RM300 from the welfare department and do enjoy OKU (disabled person) privileges, but it isn’t enough to support my medical needs,” she said.
She is on insulin for diabetes and takes three injections a day.
“Do you think insulin injections are cheap?” she asked.
Nagamma also claimed that at times she skips meals to purchase medicines or medical equipment.
“I take my insulin without food at times, and I feel very weak, she said.
Being a disabled woman, Nagamma faces profound isolation within her community. She claims to be never invited to join celebrations of her relatives and friends.
‘Who can I speak to?’
She is sad over the prejudices that she encounters from the Indian community due to her disability.
This resulted in Nagamma never leaving home except for her hospital visits and to purchase groceries.
Nagamma also suffers from other medical conditions such as high blood pressure and heart problems.
On how she manages alone, she said that she has her limitations in coping with household chores due to her disability, and at times her neighbour helps by cleaning her home.
“I consider myself to be fortunate as I have a neighbour who is very helpful,” she told FMT.
The mother of four broke down when asked about her being alone.
“Who can I speak to? Who will climb a flight of stairs to visit me?” she questioned.
She further said that going to a welfare home is out of the question as she can’t afford it.
PETALING JAYA: A little panic crept into the excitement of a handicapped woman as she met the press for the very first time. A visit to her home revealed how she manages on her own despite having lost all her toes on the left foot.Leaving visitors aside, Nagamma Rajoo, 66, is even seldom visited by her own children, who live less than 2km away. Her husband left her 10 years ago and remarried.
“I am alone and unlike others I do not depend on anyone,” she said in tears.
A peek into her kitchen shows that this woman survives mostly on instant food. Her meals are very little as she splits the welfare funds for her daily survival and medical needs.
She prays that someday her condition will improve though her left foot is quite bad due to diabetes. Nagamma has been in this condition for more than 5 years. She currently survives with the aid rovided by the welfare department.
“I receive RM300 from the welfare department and do enjoy OKU (disabled person) privileges, but it isn’t enough to support my medical needs,” she said.
She is on insulin for diabetes and takes three injections a day.
“Do you think insulin injections are cheap?” she asked.
Nagamma also claimed that at times she skips meals to purchase medicines or medical equipment.
“I take my insulin without food at times, and I feel very weak, she said.
Being a disabled woman, Nagamma faces profound isolation within her community. She claims to be never invited to join celebrations of her relatives and friends.
‘Who can I speak to?’
She is sad over the prejudices that she encounters from the Indian community due to her disability.
This resulted in Nagamma never leaving home except for her hospital visits and to purchase groceries.
Nagamma also suffers from other medical conditions such as high blood pressure and heart problems.
On how she manages alone, she said that she has her limitations in coping with household chores due to her disability, and at times her neighbour helps by cleaning her home.
“I consider myself to be fortunate as I have a neighbour who is very helpful,” she told FMT.
The mother of four broke down when asked about her being alone.
“Who can I speak to? Who will climb a flight of stairs to visit me?” she questioned.
She further said that going to a welfare home is out of the question as she can’t afford it.
Penduduk Kampung Hakka minta MB campurtangan
Kami meletakkan harapan yang tinggi agar Menteri Besar menggunakan kuasa beliau untuk campurtangan dalam isu ini.
SEREMBAN: Seramai 50 penduduk Kampung Hakka, Mantin berkumpul di hadapan Pejabat Menteri Besar Negeri Sembilan, Datuk Seri Mohamad Hasan untuk menyerahkan sebuah memorandum yang meminta Mohamad agar campurtangan dalam isu Kampung Hakka yang akan dirobohkan oleh pemaju untuk projek pembangunan.
Pengerusi Jawatankuasa Penduduk Kampung Hakka, Chong Tza Yaw, berkata penduduk Kampung Hakka datang dengan harapan bahawa Menteri Besar akan mengambil tindakan sewajarnya untuk campurtangan dan menggunakan kewibawaan politik (political will) dalam isu ini.
“Kami meletakkan harapan yang tinggi agar Menteri Besar menggunakan kuasa beliau untuk campurtangan dalam isu ini dan menyelesaikan masalah yang kami hadapi.
“Kami sedar kes kami ini berada di mahkamah. Walaubagaimanapun kami mendapati kerajaan negeri mempunyai kuasa untuk campurtangan serta boleh menyelesaikan masalah yang kami hadapi.
“Menteri Besar boleh memberi tekanan atau berunding dengan pemaju untuk menyediakan tanah pampasan kepada kami untuk kami mendirikan kediaman yang baru.
“Saya mewakili penduduk kampung amat berharap Menteri Besar mempertimbangkan tuntutan yang kami utarakan demi masa depan penduduk kampung Tradisi Hakka,” kata Chong.
Walaubagaimanapun memorandum itu diterima oleh Setiausaha Sulit Menteri Besar Negeri Sembilan, Shahrulfaizal Tahar. Mohamad tidak dapat menerima memorandum kerana sedang menghadiri Persidangan Dewan Undangan Negeri, Negeri Sembilan pada waktu yang sama.
Chong turut menyerahkan satu lagi memorandum yang serupa kepada Ketua Pembangkang Dewan Undangan Negeri, Negeri Sembilan, Loke Siew Fook (ADUN Chennah – DAP).
Setiausaha Agung Parti Sosialis Malaysia (PSM), S Arutchelvan yang menemani penduduk untuk menyerahkan memorandum itu berkata, isu Kampung Hakka, Mantin mirip kepada kes Kampung Buah Pala di Pulau Pinang.
“Untuk makluman, isu Kampung Buah Pala di Pulau Pinang, kesnya mirip dengan kes Kampung Hakka, Mantin.
“Kerajaan Negeri Pulau Pinang telah menjual tanah perkampungan itu kepada pihak pemaju. Walaubagaimanapun kerajaan Pulau Pinang berunding dengan pihak pemaju dan menuntut pampasan untuk penduduk kampung dengan meminta pemaju menyediakan rumah kepada penduduk kampung.
“Maka Kerajaan Negeri Sembilan juga boleh menggunakan kaedah yang sama untuk mendapatkan pampasan kepada penduduk kampung dalam bentuk tanah lot kosong atau kediaman baru,” jelas Arutchelvan.
Sementara itu Loke berkata beliau telah membawa isu Kampung Hakka, Mantin di dalam Persidangan Dewan Undangan Negeri, Negeri Sembilan sebentar tadi.
“Saya berharap esok Menteri Besar akan memberi penjelasan atau respon terhadap isu tersebut.
“Sementara peguam yang DAP sediakan untuk penduduk kampung berjaya mendapatkan arahan interim (interim order) untuk menangguhkan tindakan merobohkan rumah penduduk sehingga pendengaran kes tunggu perintah pengantungan pelaksanaan (stay of execution) didengar pada 17 Oktober di Mahkamah Tinggi Seremban,” ujar Loke.
Sementara itu FMT difahamkan ke semua individu yang ditahan polis semalam telah dibebaskan semalam juga.
Turut hadir ADUN Nilai, J Arulkumar (DAP).
SEREMBAN: Seramai 50 penduduk Kampung Hakka, Mantin berkumpul di hadapan Pejabat Menteri Besar Negeri Sembilan, Datuk Seri Mohamad Hasan untuk menyerahkan sebuah memorandum yang meminta Mohamad agar campurtangan dalam isu Kampung Hakka yang akan dirobohkan oleh pemaju untuk projek pembangunan.Pengerusi Jawatankuasa Penduduk Kampung Hakka, Chong Tza Yaw, berkata penduduk Kampung Hakka datang dengan harapan bahawa Menteri Besar akan mengambil tindakan sewajarnya untuk campurtangan dan menggunakan kewibawaan politik (political will) dalam isu ini.
“Kami meletakkan harapan yang tinggi agar Menteri Besar menggunakan kuasa beliau untuk campurtangan dalam isu ini dan menyelesaikan masalah yang kami hadapi.
“Kami sedar kes kami ini berada di mahkamah. Walaubagaimanapun kami mendapati kerajaan negeri mempunyai kuasa untuk campurtangan serta boleh menyelesaikan masalah yang kami hadapi.
“Menteri Besar boleh memberi tekanan atau berunding dengan pemaju untuk menyediakan tanah pampasan kepada kami untuk kami mendirikan kediaman yang baru.
“Saya mewakili penduduk kampung amat berharap Menteri Besar mempertimbangkan tuntutan yang kami utarakan demi masa depan penduduk kampung Tradisi Hakka,” kata Chong.
Walaubagaimanapun memorandum itu diterima oleh Setiausaha Sulit Menteri Besar Negeri Sembilan, Shahrulfaizal Tahar. Mohamad tidak dapat menerima memorandum kerana sedang menghadiri Persidangan Dewan Undangan Negeri, Negeri Sembilan pada waktu yang sama.
Chong turut menyerahkan satu lagi memorandum yang serupa kepada Ketua Pembangkang Dewan Undangan Negeri, Negeri Sembilan, Loke Siew Fook (ADUN Chennah – DAP).
Setiausaha Agung Parti Sosialis Malaysia (PSM), S Arutchelvan yang menemani penduduk untuk menyerahkan memorandum itu berkata, isu Kampung Hakka, Mantin mirip kepada kes Kampung Buah Pala di Pulau Pinang.
“Untuk makluman, isu Kampung Buah Pala di Pulau Pinang, kesnya mirip dengan kes Kampung Hakka, Mantin.
“Kerajaan Negeri Pulau Pinang telah menjual tanah perkampungan itu kepada pihak pemaju. Walaubagaimanapun kerajaan Pulau Pinang berunding dengan pihak pemaju dan menuntut pampasan untuk penduduk kampung dengan meminta pemaju menyediakan rumah kepada penduduk kampung.
“Maka Kerajaan Negeri Sembilan juga boleh menggunakan kaedah yang sama untuk mendapatkan pampasan kepada penduduk kampung dalam bentuk tanah lot kosong atau kediaman baru,” jelas Arutchelvan.
Sementara itu Loke berkata beliau telah membawa isu Kampung Hakka, Mantin di dalam Persidangan Dewan Undangan Negeri, Negeri Sembilan sebentar tadi.
“Saya berharap esok Menteri Besar akan memberi penjelasan atau respon terhadap isu tersebut.
“Sementara peguam yang DAP sediakan untuk penduduk kampung berjaya mendapatkan arahan interim (interim order) untuk menangguhkan tindakan merobohkan rumah penduduk sehingga pendengaran kes tunggu perintah pengantungan pelaksanaan (stay of execution) didengar pada 17 Oktober di Mahkamah Tinggi Seremban,” ujar Loke.
Sementara itu FMT difahamkan ke semua individu yang ditahan polis semalam telah dibebaskan semalam juga.
Turut hadir ADUN Nilai, J Arulkumar (DAP).
Mutton-seller loses house, plans to sue bank
Mutton-seller claims that a bank has high-handedly sold his house to a moneylender, which he owed RM50,000.
PETALING JAYA: Mutton-seller A Muthukrishnan is planning to sue a commercial bank for supposedly high-handed selling of his house to a moneylender.
He also claimed that the moneylender had hired thugs to attack him last year when he refused to transfer ownership of the house to the moneylender as he had failed to settle a RM50,000 personal loan that he took in 2006, causing him to lose a thumb.
Muthukishnan bought a unit of double-storey terrace house in Selayang Baru, Batu Caves in 1997 with a housing loan secured from the bank where he paid a monthly installment of RM1,000.
However, he started defaulting on the monthly repayment and the bank sold the property to moneylender.
“In 2008, I was shocked when the bank informed me that a third party has requested for the property redemption sum and later bought the house,” he said, adding that he had approached the bank on the matter and was advised to lodge a police report.
Muthukrishnan also claimed that despite the police report, there was no action.
“I have also made at least 40 complaints to Bank Negara, the police, Tribunal for Consumer Claims, Bar Council, Malaysia Licensed Money Lenders Association and several ministries in hope they are able to help me to resolve this matter,” he said.
When asked if the bank had offered assistance, Muthukrishnan claimed that the bank had offered money on several occasions but declined to reveal the amount.
“With the bank offering me money, it is an indication that something is wrong,” he said, adding that he wanted the house instead which was valued at about RM700,000.
When contacted Standard Chartered’s head of business and corporate communications Ridzuan Kamarudiin said that they were looking into the matter and would assist Muthukrishnan to resolve the matter if it was within their means to do so.
PETALING JAYA: Mutton-seller A Muthukrishnan is planning to sue a commercial bank for supposedly high-handed selling of his house to a moneylender.He also claimed that the moneylender had hired thugs to attack him last year when he refused to transfer ownership of the house to the moneylender as he had failed to settle a RM50,000 personal loan that he took in 2006, causing him to lose a thumb.
Muthukishnan bought a unit of double-storey terrace house in Selayang Baru, Batu Caves in 1997 with a housing loan secured from the bank where he paid a monthly installment of RM1,000.
However, he started defaulting on the monthly repayment and the bank sold the property to moneylender.
“In 2008, I was shocked when the bank informed me that a third party has requested for the property redemption sum and later bought the house,” he said, adding that he had approached the bank on the matter and was advised to lodge a police report.
Muthukrishnan also claimed that despite the police report, there was no action.
“I have also made at least 40 complaints to Bank Negara, the police, Tribunal for Consumer Claims, Bar Council, Malaysia Licensed Money Lenders Association and several ministries in hope they are able to help me to resolve this matter,” he said.
When asked if the bank had offered assistance, Muthukrishnan claimed that the bank had offered money on several occasions but declined to reveal the amount.
“With the bank offering me money, it is an indication that something is wrong,” he said, adding that he wanted the house instead which was valued at about RM700,000.
When contacted Standard Chartered’s head of business and corporate communications Ridzuan Kamarudiin said that they were looking into the matter and would assist Muthukrishnan to resolve the matter if it was within their means to do so.
‘Blame manipulating employers, not the maids’
Tenaganita claims that it has information that there is no proper investigation on the matter thus, urged the authorities not to deport the maids without permit.
UPDATED
PETALING JAYA: Tenaganita is urging the authorities not to deport Filipino maids who were caught without permit as the NGO has claimed that there was no proper investigation on the matter.
“This is based on the information that we have. Many forget that these domestic workers rely completely on their employers to get their work permit,” its co-founder Irene Fernandez said in response to a Sept 27 FMT article on two Filipino maids facing deportation.
Jemie Ramos, currently detained at the Machap Umboo Immigration Detention Centre in Malacca and scheduled to be deported on Oct 4, had said she would sue her employer and the Malaysian police upon her return to the Philippines.
Ramos claimed that her employer who is a lawyer had failed to apply for the renewal of her work permit.
She and a compatriot Lisa Balajadia were arrested at their employer’s house on Sept 9 for not having valid documents.
“The employers should be held responsible if foreign workers are caught without work permit. We call on the authorities to stop the deportation to allow an appeal so that justice could be served,” Fernandez said.
Fernandez told FMT that they would facilitate the appeal, and that the maids should be granted bail immediately.
It’s maid’s right to sue, says embassy
In another development, the Philippines embassy told FMT that it was Ramos’ prerogative to seek legal redress when she is in her home country although the embassy was of the opinion that the matter was best resolved here.
“It appears to us in this case, it is the employer who is at fault as he has not renewed Ramos’ work permit after repeatedly promising her that he will do so,” the embassy’s spokesman Consul Johann Veronica Andal said.
Andal reiterated that the onus was on the employer to renew the maids’ work permits, and that the maids should not be punished for their employer’s omission of duty.
“We have checked on her condition and we will facilitate her return to the Philippines,” Andal added.
The embassy also urged employers to only hire maids from reputable and licensed agencies to ensure that the maids have valid visas to enter and permits to work in this country.
UPDATED
PETALING JAYA: Tenaganita is urging the authorities not to deport Filipino maids who were caught without permit as the NGO has claimed that there was no proper investigation on the matter.“This is based on the information that we have. Many forget that these domestic workers rely completely on their employers to get their work permit,” its co-founder Irene Fernandez said in response to a Sept 27 FMT article on two Filipino maids facing deportation.
Jemie Ramos, currently detained at the Machap Umboo Immigration Detention Centre in Malacca and scheduled to be deported on Oct 4, had said she would sue her employer and the Malaysian police upon her return to the Philippines.
Ramos claimed that her employer who is a lawyer had failed to apply for the renewal of her work permit.
She and a compatriot Lisa Balajadia were arrested at their employer’s house on Sept 9 for not having valid documents.
“The employers should be held responsible if foreign workers are caught without work permit. We call on the authorities to stop the deportation to allow an appeal so that justice could be served,” Fernandez said.
Fernandez told FMT that they would facilitate the appeal, and that the maids should be granted bail immediately.
It’s maid’s right to sue, says embassy
In another development, the Philippines embassy told FMT that it was Ramos’ prerogative to seek legal redress when she is in her home country although the embassy was of the opinion that the matter was best resolved here.
“It appears to us in this case, it is the employer who is at fault as he has not renewed Ramos’ work permit after repeatedly promising her that he will do so,” the embassy’s spokesman Consul Johann Veronica Andal said.
Andal reiterated that the onus was on the employer to renew the maids’ work permits, and that the maids should not be punished for their employer’s omission of duty.
“We have checked on her condition and we will facilitate her return to the Philippines,” Andal added.
The embassy also urged employers to only hire maids from reputable and licensed agencies to ensure that the maids have valid visas to enter and permits to work in this country.
Mufti stoking fire with ‘Malaynisation’ plan, Sabah politicians say
(MM) - Malaysia could drown in a lethal brew of religious bigotry and racism if Sabah Mufti Bungsu @ Aziz Jaafar succeeds with his proposal to make Malay all natives who embrace Islam in the north Borneo state, a Barisan Nasional (BN) leader has said.Other Sabah politicians have also warned that the Islamic cleric’s suggestion betrays the spirit of Malaysia’s formation in 1963 and may even be part of a bigger conspiracy by Peninsular Malays to dilute the local identity and assert greater control over the resource-rich state.
“I think the Sabah mufti is playing a dangerous game of race and religion... It’s not for him to say, it’s for the people to determine what they are,” Tan Sri Bernard Dompok told The Malay Mail Online in a phone interview yesterday, referring to Sabah natives who profess to be followers of Islam.
Dompok is president of Sabah-based United Pasokmomogun Kadazandusun Murut Organisation (UPKO), which is a member of the ruling BN coalition.
He said the mufti’s statements were devoid of reason, and added, rhetorically, “How can your race change when you convert to a religion?”
“The mufti’s call is a lethal brew of religious bigotry and racism,” he said.
“These are the people who are fanning these type of sentiments when in fact Malaysia was formed out of Borneo people, Singapore, Malaya wanting to form a nation where they could develop together,” he added, referring to Bungsu.
Dompok was not alone in his view.
The former federal minister’s UPKO colleague, Komulakan chief Ewon Benedick, and Datuk Dr Jeffrey Kitingan of the Independent State Reform Party (STAR), both ridiculed the idea that a person’s ethnicity could be changed through religion.
“I have relatives who are Muslims but will always call themselves Kadazandusuns. In UPKO, we have members who are Muslims but will never refer themselves as Malays. You definitely cannot synonymise [sic] religion to race,” Benedick said, as reported by news portal Borneo Insider.
“A Muslim Kadazandusun will always be able and allowed to celebrate our native festival and traditional such as Kaamatan and subjected to the Native law which a Muslim Malay will not be entitled to,” he said.
The politicians were responding to Bungsu, who stirred a storm last Saturday with his proposal for a programme to “Malaynise” the state’s non-Malay Bumiputera Muslims, citing a need to unite the country’s Muslims.
Kitigan went further and voiced the unease felt by many Sabahans over the long shadow cast from Putrajaya over the Land Beneath the Winds.
“I think part of the Malaya agenda is to take over and colonise Sabah and control Sabah politically without us realising it.
“Secondly, they should not impose anything that would lose the individuality of Sabah and Sarawak,” the Bingkor state lawmaker told the Malay Mail Online, describing the diverse ethnicities found in the two Borneo states as being the foundation for their unique character.laya is taking over Sabah.
Kitingan said he was worried that Sabahans would be sidelined should the proposed plan succeed.
He said the state’s indigenous Muslims might lose their rights in the Native Courts that have long dealt with land disputes involving their native customary rights, if natives were to see their ethnicity changed into Malay.
“You have to abandon all...you must leave your language, your culture and your identity,” he said when speaking of the consequences of forcing Sabah natives to change their ethnicity to Malay.
The Sabah mufti was among several panellists who spoke at a Muslim symposium in Putrajaya on September 28 on the theme of the “Malay Leadership Crisis”.
He told a thousand-strong audience that many of the indigenous Muslims in the north Borneo state still refused to call themselves Malay, unlike ethnic groups like the Javanese and Bugis in Peninsular Malaysia who today identify themselves as belonging to one Malay race.
The next day, Penampang MP Darrell Leiking refuted Bungsu’s claim, saying that Sabah’s indigenous Muslims do not share the same language nor lineage as Malays on the peninsula.
But Bungsu also boasted of a “successful” mass “Islamisation movement” of Sabahans in the 1970s, which according to him, had played a role in making Islam the religion of the state.
In the original 20-point agreement drawn up before the formation of Malaysia, it was agreed that there should be no state religion in North Borneo, and the provisions relating to Islam in the present Constitution of Malaya would not apply to North Borneo.
The Sabah Constitution was amended in 1973 by the state government to make Islam the religion of the state of Sabah.
“This will be recorded into history and if not being properly handled by the authority could become a time bomb for racial polarisation and disharmony in the future.
“It was hurtful to know that the plan was now being openly exposed,” Benedick was quoted saying of the historical Islamisation process.
Muslims now make up 65.4 per cent of Sabah’s population according to the latest census in 2010, up from 37.9 per cent based on a North Borneo census in 1960, three years before its independence.
Thirst for Gold Robs India Economy
Sparkle up for the big day
It is easy to find the roots of India's economic malaise in government indecision, entangled legal processes, wasteful and often hypocritical subsidies supposed to help the poor. It is easy too to blame democracy and de-centralization for government paralysis and on corruption which - unlike in China - often fails to delivers results.
But from the point of view of foreign observers, these are just additional problems added to a much more fundamental one. Perhaps it is best illustrated by a statistic released this week and which put further downward pressure on the rupee. India's current account deficit for the June quarter widened further to US$21.9 billion or 4.9 percent of GDP.
But no less than US$16.5 billion of this was accounted for by imports of gold. In other words, without the import of the almost useless yellow metal, the nation's current account would have been little more than 1 percent of GDP, a figure of little consequence. Although gold imports fluctuate widely from quarter to quarter, on average India is buying around 1,000 tonnes a year worth around US$50 billion - plus whatever is smuggled from Dubai and other Gulf centers. Thus investment in gold amounts to roughly 3.5 percent of India's GDP.
In late August, a source told Reuters that the Reserve Bank of India, the country's central bank, would launch a pilot project to ask banks to buy back gold jewelry, bars and coins for rupees. Lenders would have to offer better rates than pawn shops and jewelers to lure sellers. The government has already raised import duties three times in the past year on gold.
While gold is considered auspicious as a gift or offering at religious festivals, and forms an essential part of a bridge's dowry, families amass it as both fashion accessories and as a cultural objective - as well as a hedge against economic disaster. In addition, according to Reuters, India's Tirupati temple, considered one of the world's richest, is estimated to hold gold worth up to $80 billion.
Imagine too if that US$50 billion had been invested in public health, education and basic infrastructure what that could have done to improve living conditions in the medium term, to enable manufacturing to grow fast, for jobs to be created from the vast pool of underemployed rural and urban informal workers.
Gold imports may not stay quite this high either because of increased import duties and the rising rupee cost of gold in devalued rupees. But nonetheless it is evidence of a pre-modern mentality which runs throughout much of Indian society, from top to bottom though more obviously in the northern than the southern states.
It is nonsense to claim that the pursuit of gold is a natural response to currency and inflation uncertainties. India has a history of continuous but moderate inflation, never of the bouts of hyper-inflation seen in many other countries from Brazil to China. At the same time, interest rates in India have mostly been in positive territory, albeit by a narrow margin, so that savings have not been continuously eroded by inflation while gold has provided a good hedge. Indeed, gold prices have been and will likely remain more volatile than the rupee and return nothing.
The gold obsession clearly indicates that basic capitalist instincts are honored in theory but little practiced in a nation where big money is made by trading - or dubious deals with officials - than by investing in production with an expectation of a return of 10 percent or more. Meanwhile middle and lower income groups find few outlets for their savings other than gold either because financial mechanisms are undeveloped or the opportunities for investment in small and family businesses are limited by other factors.
For sure India is not alone in its gold obsession. Vietnam is too. But in Vietnam gold plays a part in the formal financial system and thus enables gold wealth to be put to use through gold-backed loans to family businesses.
Again unlike Vietnam, the Indian obsession seems more closely linked to the feudal attitudes which have given low priority in most of the country (some states honorably excepted) to education, leaving it with literacy rates lower than most of Africa and the whole of east Asia.
Increasing taxes on gold imports is no solution. It would lead to more smuggling and if anything make gold acquisition seem even more desirable rather than the huge obstacle it currently presents to India's hopes of sustained growth in incomes and quality of life. Alternatively a complete ban on imports could knock the gold price so badly as to undermine confidence in its value. Without that 1,000 tonnes of Indian demand, no less than 35 percent of global production, the price would surely collapse. It would even be hard to prevent it falling to or below US$700, roughly the average cash cost of producing mines.
Maybe the best that can be hoped for in the medium term is that the gold price falls without inducing a rise in Indian buying. But ultimately it needs a change in Indian mentality if this waste of scarce resources is to end. Gold is a cause as well as symptom of India's still backward condition.
Putrajaya faces backlash over push for tough new laws
The Malaysian Insider
The
Government's bid to bring back detention without trial and toughen a
range of other laws has triggered a backlash from civil society groups
who call the move politically-motivated and a major step back for human
rights.
Home
Minister Datuk Seri Ahmad Zahid Hamidi was due to debate the proposed
changes in parliament, justifying them as necessary to battle a rise in
violent crime, as the government tries to push through the controversial
bills this week.
The
proposed amendments appear to mark a reversal of Prime Minister Datuk
Seri Najib Razak's steps in recent years to repeal draconian security
laws, such as the Internal Security Act (ISA), that were sometimes used
to jail government critics and political rivals.
They
come weeks ahead of a ruling party assembly where Najib faces pressure
to make concessions to hardliners, following a weak election result in
May that cut the ruling coalition's majority, undermining the prime
minister's moderate agenda.
"After
the election they are showing their real colours," said Nalini
Elumalai, executive director of human rights group Suaram, adding, "It's
not because they want to curb crime. They want to stop the civil
society movements, that's the real motive."
The tougher laws come as Umno struggles to retain its traditional grip in the face of growing demand for more freedoms.
Najib
attempted to rebrand Umno after a dismal election showing in 2008,
liberalising security laws and pledging to phase out privileges for the
Malays.
But
he is widely seen as having been pegged back by Umno traditionalists,
particularly after May's election, in which the minority Chinese and
most urban voters rejected the ruling coalition.
"Wide open to abuse"
The
changes to the 1959 Prevention of Crime Act provide for a board made up
of three members and headed by a judge to issue detention orders for up
to two years that can later be renewed.
The
suspect has no right to legal representation, according to a copy of
the Bill seen by Reuters, and lawyers said there would be limited scope
to appeal against decisions.
In
addition, the government is proposing amendments to the country's penal
code, mandating prison terms of five to 15 years for promoting a false
national flag and up to three years for "vandalism", which includes the
display of banners or placards without proper permission.
Judges' powers of discretion in sentencing are curtailed in favour of minimum mandatory sentences.
The
new laws could be so broadly interpreted that they were "wide open to
abuse", said Andrew Khoo (pic, left), co-chairman of the Malaysian Bar
Council's Human Rights Committee. The Bar has said the changes are
"repugnant to the rule of law".
Khoo
told Reuters, "I think the average citizen, rather than feeling safer
as a result of these amendments, could actually feel much less safe."
Najib
has denied the amendments mark a return to the days of the ISA, saying
the increased powers were squarely aimed at tackling crime and would not
be abused.
"If
the police were to arrest anyone, they have to convince the judge that
the particular individual should be detained," Najib was quoted as
saying by state-run Bernama news agency as he ended a week-long visit to
the United States.
"And we will make sure that no one will be victimised."
Ahead
of the May election, government officials had denied crime had risen,
despite public concern over a perceived increase in robberies and
murders. It has since said that violent crime has spiked, although
overall crime rates are down.
"It's
become a law-and-order regime that I can see very easily sliding over
into cases of going after people who are politically active," said Phil
Robertson, deputy Asia director at Human Rights Watch in Bangkok.
"The
liberal honeymoon period of Najib is over and now he's basically thrown
in with the conservatives." - Reuters, September 30, 2013.
Discrepancy and inconsistency: Calls for withdrawal of PCA from Parliament - Datuk Kuthbul Zaman Bukhari and Dr Denison Jayasooria
Proham has identified discrepancy and inconsistency between what is said and what is written in the proposed amendments to the Prevention of Crime Act (PCA) and calls on the Federal Government to withdraw the bill from Parliament for further consultation and redrafting.
Proham hosted a discussion on the proposed amendments to the PCA yesterday. The review was undertaken by Datuk Kuthbul Zaman Bukhari who led the discussion –paragraph by paragraph.
We identified a number of major concerns and acknowledge that this proposed piece of legislation is a clear backward step away from human rights compliance. We are of the opinion that this is a major assault on human rights since Datuk Seri Najib Razak took office as Prime Minister. We also note that this is inconsistent with the promises he made when he took office as the Prime Minister and in the promises for democratic reform made during the general election (GE13).
We also note that there are major discrepancies and inconsistencies between the verbal statements and assurance made by the Prime Minister, Home Affairs Minister and other ministers and the actual text of the proposed amendments to the PCA. We are told verbally that this new legislation is not a return of the ISA, that this is focused only on criminal-violent gangs and that the decisions will be made by a judge
Widening the scope of the proposed legislation
However in reading the proposed legislation one is shocked by the blatant disregard to human rights and widening the scope of the proposed legislation. The proposed bill before Parliament which seeks to amend the PCA (1959) has a new preamble which enlarges the scope of the legislation from the original which is a specifically focused only on the “control of criminals, members of secret societies and other undesirable persons”. The new preamble widens this to add “… to cause a substantial number of citizens to fear, organised violence against persons or property”.
Pursuant to Article 149 of the Federal Constitution
What is even more of a major concern is that this proposed PCA is now being legislated “… in pursuant to Article 149 of the Federal Constitution”. The explanatory statement in point 3 states clearly “in order to allow the introduction of detention without criminal charge or trial as previously provided in the repealed Emergency (Public Order and Prevention of Crime) Ordinance 1969 …and the Internal Security Act 1960 (Act 82), Act 297 is to be changed to a law made pursuant to Article 149 of the Federal Constitution”.
As this proposed bill is made in pursuant of Article 149, the provisions therein are inconsistent with all the basic and fundamental human rights guaranteed in the Federal Constitution.
It must be noted that the original PCA (1959) which the Police Commission did not call for its repeal when it did the EO, is just an act of parliament which focuses on crime control, with some consistency to fundamental liberties and with judicial review.
No judicial review
Proham is also concerned that the proposed bill removes judicial review as per the introduction of a new section 15 A which states “there shall be no judicial review in any court”.
Further, the new section 7B provides for too many options for who can be the chairman of the Prevention of Crime Board. It does not just qualify the chairman as a current sitting judge but indicates that the chairman could be appointed from a range of options namely “… who shall be or have been or be qualified to be, a judge”. The options are too wide and there is a major difference if the chairman is a current sitting judge. There are no qualifications of the two other members and this is not good.
Detention without trial
Proham is concern that the proposed legislation allows for indefinite period of detention in the new part IV A, 19A (1) “… for a period not exceeding two years… for a further period not exceeding two years at a time…”
Access to legal counsel and protection
Proham is also concerned that legal access to counsel is denied as the provisions by the amendments of section 9 (d) a new (5) also in the new section 9A (2).
Proham is concern with new section 9A (2) that there is no review of witness statements in order to check the reliability or cross-examination of any person giving evidence on the case as this can be easily abused.
Proham is concern over the double jeopardy issues as per the new section 7c “… two or more serious offences, whether or not he is convicted thereof…”
Proham input to Home Ministry neglected
Proham participated in two dialogues with the Home Affairs Ministry (August 24 and 28, 2013) on matters pertaining to serious crime especially gangs and violence. In both dialogues, Proham highlighted the findings and recommendations of the Police Commission Report (2005) to strengthen investigative Police and use the Prevention of Crime Act (1959).
We affirmed that detention without trial, removing judicial review and denial of access to legal counsel is not the most effective way of crime prevention. We noted that the Police Commission report documents major abuses of power when human rights is sidelined.
Malaysia’s position compromised for UPR Review at the UN
These proposed amendments to PCA and the curtailment of fundamental liberties will adversely affect Malaysian’s standing at Universal Periodical Review (UPR) process at the UN Human Rights Council during the 17th session on October 24, 2013 from 2.30pm to 6pm in Geneva.
At the last UPR review process held on February 11, 2009, Malaysia gave a number of assurances to the global community that it will strengthen human rights compliance in Malaysia. Furthermore, Malaysia is currently a member of the Human Rights Council and the proposed PCA amendments are inconsistent with Malaysia’s global position as a promoter of human rights and moderation.
Proham recommendations on PCA
Therefore, Proham calls of the Federal Government:
Firstly, to withdraw the current proposed amendments to the PCA
Secondly, to further engage with stakeholders like Suhakam and Bar Council
Thirdly, to propose new amendments which is closer to the original PCA:-
· Keep the PCA specific for the “control of criminals, members of secret societies”,
· Enlarging its coverage to the whole of Malaysia,
· Introduce electronic monitoring,
· Remove the role of the Minister and replace it with the Prevention of Crime Board for purposes of registration for police supervision and electronic monitoring.
Fourthly, Proham is not supportive of Federal Government reintroducing detention without trial or restricting judicial review or denying suspects access to legal counsel.
Fifthly, Proham really hopes that the Federal Government will empower and enable the Police to undertake their work of crime control in compliance with human rights standards and undertake world class policing in modern-democratic Malaysia. – October 1, 2013.
* Datuk Kuthbul Zaman Bukhari is an exco member of Proham and Dr Denison Jayasooria is its secretary-general.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insider.
Proham hosted a discussion on the proposed amendments to the PCA yesterday. The review was undertaken by Datuk Kuthbul Zaman Bukhari who led the discussion –paragraph by paragraph.
We identified a number of major concerns and acknowledge that this proposed piece of legislation is a clear backward step away from human rights compliance. We are of the opinion that this is a major assault on human rights since Datuk Seri Najib Razak took office as Prime Minister. We also note that this is inconsistent with the promises he made when he took office as the Prime Minister and in the promises for democratic reform made during the general election (GE13).
We also note that there are major discrepancies and inconsistencies between the verbal statements and assurance made by the Prime Minister, Home Affairs Minister and other ministers and the actual text of the proposed amendments to the PCA. We are told verbally that this new legislation is not a return of the ISA, that this is focused only on criminal-violent gangs and that the decisions will be made by a judge
Widening the scope of the proposed legislation
However in reading the proposed legislation one is shocked by the blatant disregard to human rights and widening the scope of the proposed legislation. The proposed bill before Parliament which seeks to amend the PCA (1959) has a new preamble which enlarges the scope of the legislation from the original which is a specifically focused only on the “control of criminals, members of secret societies and other undesirable persons”. The new preamble widens this to add “… to cause a substantial number of citizens to fear, organised violence against persons or property”.
Pursuant to Article 149 of the Federal Constitution
What is even more of a major concern is that this proposed PCA is now being legislated “… in pursuant to Article 149 of the Federal Constitution”. The explanatory statement in point 3 states clearly “in order to allow the introduction of detention without criminal charge or trial as previously provided in the repealed Emergency (Public Order and Prevention of Crime) Ordinance 1969 …and the Internal Security Act 1960 (Act 82), Act 297 is to be changed to a law made pursuant to Article 149 of the Federal Constitution”.
As this proposed bill is made in pursuant of Article 149, the provisions therein are inconsistent with all the basic and fundamental human rights guaranteed in the Federal Constitution.
It must be noted that the original PCA (1959) which the Police Commission did not call for its repeal when it did the EO, is just an act of parliament which focuses on crime control, with some consistency to fundamental liberties and with judicial review.
No judicial review
Proham is also concerned that the proposed bill removes judicial review as per the introduction of a new section 15 A which states “there shall be no judicial review in any court”.
Further, the new section 7B provides for too many options for who can be the chairman of the Prevention of Crime Board. It does not just qualify the chairman as a current sitting judge but indicates that the chairman could be appointed from a range of options namely “… who shall be or have been or be qualified to be, a judge”. The options are too wide and there is a major difference if the chairman is a current sitting judge. There are no qualifications of the two other members and this is not good.
Detention without trial
Proham is concern that the proposed legislation allows for indefinite period of detention in the new part IV A, 19A (1) “… for a period not exceeding two years… for a further period not exceeding two years at a time…”
Access to legal counsel and protection
Proham is also concerned that legal access to counsel is denied as the provisions by the amendments of section 9 (d) a new (5) also in the new section 9A (2).
Proham is concern with new section 9A (2) that there is no review of witness statements in order to check the reliability or cross-examination of any person giving evidence on the case as this can be easily abused.
Proham is concern over the double jeopardy issues as per the new section 7c “… two or more serious offences, whether or not he is convicted thereof…”
Proham input to Home Ministry neglected
Proham participated in two dialogues with the Home Affairs Ministry (August 24 and 28, 2013) on matters pertaining to serious crime especially gangs and violence. In both dialogues, Proham highlighted the findings and recommendations of the Police Commission Report (2005) to strengthen investigative Police and use the Prevention of Crime Act (1959).
We affirmed that detention without trial, removing judicial review and denial of access to legal counsel is not the most effective way of crime prevention. We noted that the Police Commission report documents major abuses of power when human rights is sidelined.
Malaysia’s position compromised for UPR Review at the UN
These proposed amendments to PCA and the curtailment of fundamental liberties will adversely affect Malaysian’s standing at Universal Periodical Review (UPR) process at the UN Human Rights Council during the 17th session on October 24, 2013 from 2.30pm to 6pm in Geneva.
At the last UPR review process held on February 11, 2009, Malaysia gave a number of assurances to the global community that it will strengthen human rights compliance in Malaysia. Furthermore, Malaysia is currently a member of the Human Rights Council and the proposed PCA amendments are inconsistent with Malaysia’s global position as a promoter of human rights and moderation.
Proham recommendations on PCA
Therefore, Proham calls of the Federal Government:
Firstly, to withdraw the current proposed amendments to the PCA
Secondly, to further engage with stakeholders like Suhakam and Bar Council
Thirdly, to propose new amendments which is closer to the original PCA:-
· Keep the PCA specific for the “control of criminals, members of secret societies”,
· Enlarging its coverage to the whole of Malaysia,
· Introduce electronic monitoring,
· Remove the role of the Minister and replace it with the Prevention of Crime Board for purposes of registration for police supervision and electronic monitoring.
Fourthly, Proham is not supportive of Federal Government reintroducing detention without trial or restricting judicial review or denying suspects access to legal counsel.
Fifthly, Proham really hopes that the Federal Government will empower and enable the Police to undertake their work of crime control in compliance with human rights standards and undertake world class policing in modern-democratic Malaysia. – October 1, 2013.
* Datuk Kuthbul Zaman Bukhari is an exco member of Proham and Dr Denison Jayasooria is its secretary-general.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insider.
Civil Servants Must Be Leaders In Every Field They Venture - Muhyiddin
PUTRAJAYA, Oct 1 (Bernama) -- Deputy Prime Minister Tan Sri Muhyiddin
Yassin on Tuesday urged civil servants to be brave in looking for
strategic and creative solutions to face challenges when carrying out
their responsibilities and duties.
Muhyiddin said civil servants must be prepared to be leaders in every field that they venture and change the mindset of adopting the 'doing business as usual' concept.
"Inter agencies jealousy, overprotecting turf and silo working culture that hinders innovation and sets back productivity, need to be avoided. All the administration machinery need to work together and help each other to reduce bureaucracy and resolve cross-cutting issues strategically and effectively," he said at the presentation of Excellence Awards 2013 in the Prime Minister's Department, here, Tuesday night.
He said heads of agencies must also play leadership roles to ensure the success of government programmes and projects effectively and efficiently through the human capital within their organisations and under their leadership.
Also present at the presentation were Chief Secretary to the Government Tan Sri Dr Ali Hamsa, Minister in the Prime Minister's Department Datuk Seri Jamil Khir Baharom, Nancy Shukri, Tan Sri Joseph Kurup and Datuk Joseph Entulu Belaun.
Muhyiddin said the main challenge faced by civil servants today is to increase productivity and capacity by using limited resources, in terms of financial allocation and human resource.
As such, elements of creativity and innovation are vital to ensure the success of the government's delivery system.
Muhyiddin also urged heads of departments to listen to views and ideas from within their organisations because these front liners face the actual situation and understand the demands and needs of the clients and the people.
The Deputy Prime Minister also suggested that the scope of recognition and rewards offered to civil servants be expanded and not limited to excellence service awards or other awards.
"I believe the more we give in rewards, the more we will get in return," he said.
Meanwhile, Ali Hamsa said starting this year the Prime Minister's Department would introduce Excellence Service Award Medals to individuals with outstanding records when carrying out their duties.
Muhyiddin said civil servants must be prepared to be leaders in every field that they venture and change the mindset of adopting the 'doing business as usual' concept.
"Inter agencies jealousy, overprotecting turf and silo working culture that hinders innovation and sets back productivity, need to be avoided. All the administration machinery need to work together and help each other to reduce bureaucracy and resolve cross-cutting issues strategically and effectively," he said at the presentation of Excellence Awards 2013 in the Prime Minister's Department, here, Tuesday night.
He said heads of agencies must also play leadership roles to ensure the success of government programmes and projects effectively and efficiently through the human capital within their organisations and under their leadership.
Also present at the presentation were Chief Secretary to the Government Tan Sri Dr Ali Hamsa, Minister in the Prime Minister's Department Datuk Seri Jamil Khir Baharom, Nancy Shukri, Tan Sri Joseph Kurup and Datuk Joseph Entulu Belaun.
Muhyiddin said the main challenge faced by civil servants today is to increase productivity and capacity by using limited resources, in terms of financial allocation and human resource.
As such, elements of creativity and innovation are vital to ensure the success of the government's delivery system.
Muhyiddin also urged heads of departments to listen to views and ideas from within their organisations because these front liners face the actual situation and understand the demands and needs of the clients and the people.
The Deputy Prime Minister also suggested that the scope of recognition and rewards offered to civil servants be expanded and not limited to excellence service awards or other awards.
"I believe the more we give in rewards, the more we will get in return," he said.
Meanwhile, Ali Hamsa said starting this year the Prime Minister's Department would introduce Excellence Service Award Medals to individuals with outstanding records when carrying out their duties.
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