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Wednesday 30 April 2014

MCA hides behind constitution when grilled on Umno support for hudud

Chibok abductions: Nigeria girls' taken abroad' - BBC

A screen grab taken from a video released on You Tube in April 2012, apparently showing Boko Haram leader Abubakar Shekau (centre) sitting flanked by militants Boko Haram has often targeted educational establishments

Some of the schoolgirls abducted by suspected militant Islamists in northern Nigeria are believed to have been taken to neighbouring states, a local leader has told the BBC.

Pogo Bitrus said there had been "sightings" of gunmen crossing with the girls into Cameroon and Chad.

Some of the girls had been forced to marry the militants, he added.

Mr Bitrus said 230 girls were missing since militants attacked the school in Chibok, Borno state, two weeks ago.

The Islamist group Boko Haram has been blamed for the night-time raid on the school hostel in Chibok town. It has not yet commented on the allegation.

Mr Bitrus, a Chibok community leader, said 43 of the girls had "regained their freedom" after escaping, while 230 were still in captivity. This is a higher number than previous estimates, however he was adamant it was the correct figure.
'Slavery'

The students were about to sit their final year exam and so are mostly aged between 16 and 18.

"Some of them have been taken across Lake Chad and some have been ferried across the border into parts of Cameroon," he told the BBC.
In this photo taken Monday, April, 21. 2014. Security walk past burned government secondary school Chibok, were gunmen abducted more than 200 students in Chibok, Nigeria. The girls were seized from their hostel late at night
 
Mr Bitrus said there were also reports that the insurgents had married some of the girls.

"We learned that one of the 'grooms' brought his 'wife' to a neighbouring town in Cameroon and kept her there," he told the BBC.

I'm crying now as community leader to alert the world to what's happening so that some pressure would be brought to bear on government to act”

Pogo Bitrus Chibok community leader

"It's a medieval kind of slavery," he added.

Boko Haram leader Abubakar Shekau first threatened to treat captured women and girls as slaves in a video released in May 2013.

map
It fuelled concern at the time that the group is adhering to the ancient Islamic belief that women captured during war are slaves with whom their "masters" can have sex, correspondents say.

Mr Bitrus said everyone in the community felt as though their own daughters had been abducted.

Men were "braving it out", but women were "crying and wailing", he said.

"Whether it is my niece or whoever it doesn't matter. We are all one people," Mr Bitrus told the BBC.

"That's why I'm crying now as community leader to alert the world to what's happening so that some pressure would be brought to bear on government to act and ensure the release of these girls."

The government has said the security forces are searching for the girls, but its critics say it is not doing enough.

Boko Haram has staged a wave of attacks in northern Nigeria in recent years, with an estimated 1,500 killed in the violence and subsequent security crackdown this year alone.

Bersih 2.0 dedah kepada Obama, Najib punca ekstremis kaum dan agama berleluasa


Dalam perbincangan dengan Presiden Amerika Syarikat Barack Obama, Pengerusi Bersih 2.0, Maria Chin Abdullah mendedahkan kepincangan pentadbiran Datuk Seri Najib Razak. – Gambar The Malaysian Insider, 28 April, 2014.  
Dalam perbincangan dengan Presiden Amerika Syarikat Barack Obama, Pengerusi Bersih 2.0, Maria Chin Abdullah mendedahkan kepincangan pentadbiran Datuk Seri Najib Razak. – Gambar The Malaysian Insider, 28 April, 2014.

Pengerusi Bersih 2.0, Maria Chin Abdullah mengambil kesempatan pertemuan dengan Presiden Amerika Syarikat (AS) Barack Obama untuk mendedahkan kepincangan pentadbiran Datuk Seri Najib Razak sebagai punca ekstremis agama dan kaum berleluasa di Malaysia.

Maria yang turut aktif dalam gerakan hak asasi manusia di Malaysia berkata, slogan demokratik dan kesederhanaan yang dilaungkan oleh Najib hanya topeng semata-mata.

"Saya ambil peluang ini untuk menegaskan Malaysia bukan sebuah negara demokratik dan tidak sederhana, saya beritahu beliau (Obama)," kata Maria kepada The Malaysian Insider di Kuala Lumpur malam tadi.

"Kami berbincang dalam tempoh 50 minit... perbincangan berkenaan undang-undang dan akta tekanan, termasuk tahanan tanpa bicara seperti Akta Hasutan.”

Dalam pertemuan itu, Maria juga sempat berkongsi dengan Obama bagaimana pentadbiran Najib bermain politik agama selepas gagal mendapatkan sokongan majoriti rakyat Malaysia.

"Kerajaan sedia ada ini adalah sebuah kerajaan minoriti, dan kerana tidak mendapat sokongan kerajaan, terpaksa membina asas berdasarkan agama Islam hingga menyebabkan ekstremisme agama berlaku," kata beliau.

Maria juga menerangkan mengenai kemelut dalam isu kalimah Allah, serbuan dan serangan ke atas gereja dan mengenai usaha Najib menyokong pelaksanaan hukum hudud.

"Jika tiada perubahan yang tulen sekarang, ia pasti akan membawa kepada perpecahan dalam negara kerana isu agama dan kaum," katanya.

"Dalam isu ini, kerajaan mesti menghentikannya jika mereka mengiktiraf masyarakat yang pelbagai kaum, tetapi mereka tidak lakukannya."

Selain politik agama, Maria juga mendedahkan penemuan Tribunal Rakyat yang dijalankan oleh Bersih 2.0 di mana banyak berlaku kepincangan dalam Pilihan Raya Umum ke-13 lalu.

"Kami juga bawa isu tentang senarai pemilih, penipuan, rasuah, kempen berbentuk ugutan yang membantu kerajaan minoriti mengekalkan kuasa," katanya.

Selain Maria, antara yang berpeluang bertemu Obama di Hotel Ritz Carlton, Kuala Lumpur semalam adalah Pengerusi Suruhanjaya Hak Asasi Manusia Malaysia (Suhakam) Tan Sri Hasmy Agam, peguam dan aktivis hak asasi manusia Datuk Ambiga Sreenevasan, Presiden Majlis Peguam Malaysia Christopher Leong dan ahli majlis Honey Tan, Pengerusi dan Pengarah Islamic Renaissance Front (IRF) Dr Ahmad Farouk Musa, Pengarah Eksekutif Sisters In Islam (SIS) Ratna Osman dan wakil Majlis Gereja-Gereja Malaysia (CCM), Rev Dr Herman Shastri.

"Isu rampasan Injil berbahasa Melayu juga diberi perhatian dan saya bangkitkan mengenai jurang sempit yang dihadapi penganut agama Kristian di sini, di mana kami sering terperangkap dalam tekanan antara majoriti lawan minoriti," kata Dr Herman.

Selain itu, isu-isu seperti pendakwaan berat sebelah oleh Putrajaya serta pelaksanaan undang-undang baru yang bertentangan dengan hak asasi manusia juga dibincangkan.

"Kami juga bangkitkan mengenai penggunaan Akta Hasutan sebagai alat dakwaan bermotifkan politik ke atas Datuk Seri Anwar Ibrahim dan juga aktivis sosial.

"Pengerusi Majlis Peguam, Christopher Leong menjelaskan secara terperinci mengenai penggunaan akta yang menindas dalam negeri serta pengenalan akta baru yang membawa perbicaraan tanpa bicara atau Akta Pencegahan Jenayah (PCA)," kata Maria.

Malah, semasa perbincangan itu, pihak Suhakam juga memberitahu Obama mengenai kuasa terhad yang diberikan kepada mereka, kata Maria lagi.

Lebih mengecewakan lagi, Maria berkata Najib juga tidak mempunyai keberanian dan mengambil inisiatif untuk bertemu dengan kumpulan sivil, walhal Obama sanggup meluangkan masa hampir sejam berbincang dengan mereka.

"Kami juga beritahu Obama, Perdana Menteri tidak pernah berjumpa dengan kami.

"Tapi beliau ambil masa hampir sejam untuk bertemu dengan kami, malah menjemput kami," kata beliau.

Obama tiba di Malaysia pada Sabtu dalam siri lawatan tiga harinya serta mengadakan mesyuarat dua hala dengan Malaysia.

"Kami juga menerangkan berkenaan situasi hak asasi di Malaysia, dan meminta AS tidak lagi menggelar Malaysia sebagai negara demokratik dan negara sederhana, kerana ia memberi kesan kepada tugas hak asasi manusia," kata Maria.

"Kita memerlukan transformasi demokratik.”

Maria berkata, Obama mempunyai tahap diplomasi yang tinggi dan akan mengambil tindakan lanjut terhadap segala isu yang dibangkitkan mereka.

Hari ini, Obama akan berlepas ke Filipina sebagai destinasi terakhir lawatannya ke Asia sebelum pulang ke AS. – 28 April, 2014.

Isma: Don't let 'infidels' decide on hudud

Infidels should not be allowed to frustrate the Islamic state agenda, Ikatan Muslimin Malaysia (Isma) president Abdullah Zaik Abd Rahman said today.
 
In an article on Isma's website, Ismaweb, Abdullah said currently, non-Muslims were already causing obstacles by opposing PAS' intention to implement hudud in Kelantan.
 
"The infidels, in opposing hudud, are overstepping their bounds. They cannot play a negative role by opposing or blocking Muslim ambitions in promoting the position of Islam in Malaysia," said Abdullah, who is an ustaz.
 
Abdullah said that opposing the wishes of Muslims went against the spirit of friendship and harmony in a country where the majority of the people are Muslims.
 
Meanwhile, Malay rights pressure group Perkasa has accused PKR de facto leader Anwar Ibrahim of trying to cajole PAS into dropping its hudud ambitions.

Perkasa: Anwar concerned about DAP
 
"Anwar is concerned about the feelings of DAP and non-Muslims in order to further his own political interest. The laws of Allah are of no importance to Anwar. What is important to him is votes," Perkasa said. 
 
The latest debate on hudud follows PAS claim that it will table a Private Member's Bill in the Dewan Rakyat soon, in a move to clear legal hurdles for the implementation of the Syariah Criminal Code Enactment 1993 in Kelantan.
 
The Enactment was formulated soon after PAS formed the Kelantan government in 1990. The law provides for corporal punishment, which includes amputations for theft and stoning for adultery.
 
With only 21 MPs, PAS must rely on Umno, Parti Pesaka Bumiputera Bersatu, PKR and DAP to secure the votes needed to make the necessary legal amendments.

Transform into 'Malaysian Obama', Zaid tells Najib

He is glad that Prime Minister Najib Abdul Razak rode with US President Barack Obama in the latter's official limousine, nicknamed "The Beast".  

He is also glad that Obama and Najib had natural chemistry, with the Malaysian prime minister having reached "a new level of sophistication and possessing the aura that world leaders are normally associated with".

But former law minister Zaid Ibrahim wants Najib to show Malaysians that his similarity with the US president extended beyond the smart suits they wear.

Like Obama, who is not afraid to raise taboo subjects because he is special, Zaid said Najib too can be special should he choose to.

For a start, the former law minister said Najib needs to address the radical and misguided Muslims in Malaysia who are hell-bent on destroying the basic framework of the country.

"He needs to defend the present democratic way of life and our freedoms, which are surely going to be threatened by the 'Taliban' coming to power.

"Is the PM not worried that the onslaught against the fundamentals of democracy and harmonious living are gaining ground?" he asked in his blog.

As a Muslim leader, Zaid said, Najib must feel responsible that so many Muslims in modern Malaysia have become extremists.

"As a Muslim leader, he must be concerned that some Muslims in Malaysia are on the same level as the Taliban in Pakistan and Afghanistan.

"Is he not embarrassed or concerned that all these people talk about is whether we should amputate limbs using anaesthesia or should the people suffer and feel the real pain. Is he aware that the national dialogue is all about punishment?" he queried.

Referring to PAS's plan to implement hudud in Kelantan, Zaid said when some Muslims wanted to implement hudud law, Najib responded that he was not against it.

"Would Obama have responded in similar fashion? Obama would probably have said that the criminal law of Malaysia must not depart too far from the norms and practices of civilised countries.

"Obama would have said that Malaysia was a Federation of States in which penal laws must be acceptable to all the states.

"When will our prime minister, who has the aura of Obama, start talking about these issues Obama-style? I believe Obama would have tackled these matters decisively," he added.

Seize opportunity to become special

Calling on Najib to "rise to be the Malaysian Obama", Zaid urged Najib to seize the opportunity to become a "special Malaysian/Umno" politician.

"Obama is obviously special in becoming the first black president of the US. He has championed the rights of minorities in his country, putting Hispanic- and African-Americans in prominent positions in government and the Supreme Court.

"Obama has also appointed many women of substance to important positions in society.

"Would Najib match his new hero in terms of being the same special politician? Would he, too, champion the rights of minorities and defend the rights of Malays and Muslims from the rampaging might of those holding power in the name of God?

"Would Najib be democratic and allow the simplest and most basic rights, such as the freedom to watch TV or read newspapers that do not belong to the BN?" he added.

Like Obama, Zaid said that Najib needs to spearhead a new politics, with new ideas, for a new future for this country.

"He needs to set free Muslim girls in schools to let them participate in sports and school choirs. These girls have to be taught musical instruments and be allowed to sing.

"Or would Najib see the decapitation of his own race just to be a political survivor?" he asked.

Ambiga schools Dr M on nation's real foes

 
"Corruption, abuse of power, destruction of fundamental institutions, erosion of human rights, racism and extremism... Do you want me to go on?" asked S Ambiga.
          
Responding to Dr Mahathir Mohamad, the former Bersih chairperson said the elements mentioned above, and not street protests, are what cause instability in a nation.

"And as far as Malaysia is concerned, these are the factors that have caused and are causing instability," Ambiga added.

Without the slightest doubt, Ambiga told Malaysiakini, Mahathir and the Election Commission (EC) are aware that elections are not free and fair in Malaysia.

"They know what the people want, but they lack confidence (of winning) if the election is free and fair.

"It is they who are destroying democracy, and you can quote me on this in the strongest possible terms," said the lawyer, who has led two mammoth Bersih rallies in the past.

Form RCI on GE13

Challenging the government to establish a Royal Commission of Inquiry (RCI) into the last general election if it felt that the contest was free and fair, Ambiga argued that holding elections does not mean that true democracy exists.

In his latest blog posting, Mahathir trained his guns on the Bersih rallies when expressing his views on the perils of street demonstrations.

Among others, he accused Bersih of organising the rallies, which clogged the major arteries of Kuala Lumpur and drew international attention, to discredit and topple the government.

However, Ambiga reminded Mahathir that street demonstrations are a fundamental right, provided for by the Federal Constitution.

"How can anyone say a fundamental right creates instability?

"Street demonstrations allow citizens to vent their views in between elections, and is practised in healthy democracies," she added.

The former Bar Council president said she agreed with Mahathir that a change in government should come through the ballot box.

"It was never Bersih's intention to bring about a change in government through street protests and we have always stressed that we believe in peaceful protests.

"But on that note, change through the ballot box can only take place if elections are free and fair," she added.

Ambiga also said the Bersih People's Tribunal, set up to look into the last general election, came up with a damning indictment on the elections.

"People want to bring change through the ballot box. They want to work within the system, but when the system is so unfair, what do you expect the people to do?" she asked.

Disappointed but not surprised

Meanwhile, current Bersih chairperson Maria Chin Abdullah said she is disappointed with Mahathir’s comments but not surprised.

According to her, attempting to quell critical voices has always been the former prime minister's modus operandi.

Like Ambiga, Maria also reminded Mahathir that freedom to assemble is enshrined in the constitution.

"We recognise that there should be limitations to freedoms, for example there should be no hate speeches. But these limitations must adhere to international standards.

"The limitations cannot be based on the criteria of wanting to stifle dissent or views that the powers that be do not agree with," she told Malaysiakini.

Maria also noted that time and again, Mahathir, BN leaders and their demagogues have accused Bersih of attempting to overthrow the government.

"I wish to challenge that accusation. Governments come and go, that is a democracy.

"But when you hear something critical, you should not immediately brand it as an attempt to overthrow the government

"Even if Pakatan Rakyat comes to power, we will also be critical if something is not right," she added.

10 anggota militan ditangkap termasuk seorang wanita

Wanita yang ditahan hari ini merupakan seorang balu namun enggan mendedahkan lokasi serta waktu dia ditahan.

KAJANG: Seorang lagi individu dipercayai terlibat dengan kegiatan militan ditahan di Kuala Lumpur pagi tadi menjadikan jumlah keseluruhan yang ditangkap ialah 10 orang.

Semalam, sembilan ditahan Polis Bahagian Counter Terrorism, Cawangan Khas,Bukit Aman. Mereka berumur antara 25 hingga 26 termasuk seorang wanita, tiga ditahan di Kedah dan enam di Selangor.

Menteri Dalam Negeri Datuk Seri Ahmad Zahid Hamidi berkata wanita yang ditahan hari ini merupakan seorang balu namun enggan mendedahkan secara terperinci lokasi serta waktu dia ditahan.

“Setakat pagi tadi, kami sudah menahan 10 orang yang dipercayai ada hubung kait dengan rangkaian Al-Qaeda dan Jemaah Islamiah serta menerima latihan ala ketenteraan,” katanya.

Beliau memberitahu sidang media selepas majlis ‘Pemakaian Pangkat Time Based berasaskan kecemerlangan koperal dan sarjan penjara’, pelancaran unit pengiringan bermotosikal dan jersi pasukan bola sepak Penjara FC.

Ahmad Zahid berkata pihaknya juga telah merampas pakaian ala tentera, buku jihad, pisau rambo, pedang samurai dan bendera kumpulan pengganas antarabangsa daripada 10 individu berkenaan.

Tambahnya, maklumat risikan juga mendapati mereka mempunyai rangkaian di luar dan dalam negara, dan telah menyertai beberapa misi jihad di negara yang sedang bergolak.

“Mereka menyamai apa yang dilakukan Al-Qaeda dan Jemaah Islamiah berselindung atas nama misi kemanusiaan,” katanya.

Beliau berkata Polis Diraja Malaysia (PDRM) akan meneruskan misi mengesan saki baki kumpulan itu yang dipercayai lebih daripada 10 orang.

Ketika ditanya mengenai cara anggota kumpulan itu direkrut, beliau berkata PDRM menyelidiki semua punca pengambilan yang dilakukan daripada individu, kumpulan atau laman sosial seperti Facebook dan tidak akan ada unsur kompromi kepada sesiapa sahaja yang terlibat.

Ahmad Zahid berkata setelah siasatan selesai, beliau akan meminta Bukit Aman mendedahkan mengenai kumpulan itu, yang terdiri dari pelbagai latar belakang individu.

Kesemua ditahan mengikut Kesalahan Berkaitan Dengan Keganasan dan Akta Kanun Keseksaan serta disiasat mengikut prosedur di bawah Akta Kesalahan Keselamatan (Langkah-Langkah Khas) 2012 (Sosma).

“Saya yakin di bawah Sosma kita akan dapat membendung gejala keganasan di negara ini yang mengamalkan kesederhanaan dalam Islam,” katanya.

- Bernama

Frustration and anger boil over for next-of-kin

At the end of their tether after 52 days of waiting for news of those on board MH370, family members lash out at the government

KUALA LUMPUR: Increasingly frustrated at the lack of transparency, most of the next of kin of those on board Flight MH370 say they have lost confidence in the government.

The animosity was evident at last week’s meeting with Deputy Foreign Minister Hamzah Zainuddin at a leading hotel in Bukit Bintang.

Almost two months have passed since the Boeing 777-200ER went missing, and the authorities have yet to provide satisfactory answers to the families.

All those present at the meeting with Hamzah vented their anger at the authorities for not answering their questions.

“They are just wasting our time. It’s as if they are hiding something,” said Nur Syafinaz, the younger sister of flight attendant Mohamad Hazrin Mohamed Hasnan, who was on board MH370.

“They can’t even answer a simple yes or no question. They treat us like as if we are stupid. How are we supposed to trust them when they can’t be honest with us?” asked Syafinaz.

“At the same time, they were so arrogant. Some of the answers given to us were cocky. That was also why some of us got very angry,” she said.

On April 21, 40 grieving families calling themselves the United Families of MH370 posted a statement on Facebook in which they raised 15 issues, none of which was addressed by Hamzah.

One of them was why the government accepted the Inmarsat data for analysis and another was why a suggestion for an independent peer review was rejected.

Death certificates

Syafinaz’s elder sister, Zarina Mohamed Hasnan, lambasted the authorities for asking the grieving family members to acknowledge death certificates the government plans to issue.

“If you can’t find the plane or the passengers, how can you ask us to agree to the issuance of death certificates? At that point many of us were livid. I was not alone,” she said.

Zarina said she was furious with the decision taken by the authorities. “On what basis are they planning to issue the death certificates? Where’s the body of my brother?”

Disappointed with the lack of transparency, Syafinaz, also said that the majority of the family members were not asking for money from the government, just answers to their questions.

“Stop flip-flopping and be honest. Until today we have yet to receive the cargo manifest. The reason given is that it is still under investigation. How long must we wait?”

On March 8, MH370 with 227 passengers and 12 crew, went missing enroute to Beijing from KLIA. It left at 12.41am but disappeared from the civilian radar about an hour later over the South China Sea.

Satellite pings from the plane revealed that it diverted from its flight path and headed towards the southern Indian Ocean. Searchers are still looking for the plane.

Don’t fear cops, rally goers told

The police will be the ones breaking the law if they take action, says Lawyers for Liberty.

PETALING JAYA: Lawyers for Liberty (LFL) today assured organisers of the May 1 rally and intending participants that they need not fear police action.

Citing a recent Court of Appeal decision, LFL founder N Surendran said the public demonstration against the introduction of the Goods and Services Tax (GST) would be legal even without a police permit.

“If the police take action, they are going against the Court of Appeal’s judgment, and they will be the ones breaking the law,” he told FMT.

“I encourage Malaysians to exercise their right to freedom of assembly. Ignore the illegal warnings and assemble peacefully.”

He urged the police not to “behave like gangsters”.

The rally, organised by 95 civic groups, will be held in the vicinity of Dataran Merdeka.

The Court of Appeal last Friday struck down Section 9 (5) of the Peaceful Assembly Act (PPA), which provides for a maximum fine of RM10,000 if a 10-day notice is not given to the police before a peaceful assembly is held.

The court ruled that it was unconstitutional and went against the right to freedom of assembly as enshrined in the Federal Constitution.

A three-man bench led by Mohamad Ariff Md Yusof acquitted Selangor Deputy Speaker Nik Nazmi Nik Ahmad, who had been charged over last year’s Black 505 rally.

“The 10-day notice is still required, but no criminal penalty should be enforced,” Mohamad Ariff said.

Bar Council president Christopher Leong told FMT that the objective of Section 9 was for the police to have prior notice of a peaceful assembly.

“This is so that the police can facilitate in terms of traffic and security,” he said. “The police are duty-bound to take measures to facilitate a peaceful assembly.

“The assembly will be lawful so long as it is a peaceful assembly. As such, organisers should not be punished.”

Commenting on pending PAA cases, Leong said it was wrong for the prosecution to go ahead in light of the Court of Appeal’s decision.

Muslim doctors back hudud amputation

Muslim doctors are all for amputation under hudud as it will instil fear among criminals.

PETALING JAYA: The Islamic Medical Association of Malaysia (Imam) has backed amputation under hudud but without administering anesthetic to inflict pain on criminals.

Imam president Dr Abdul Rahim Mohamad said such a painful procedure was vital so that criminals would repent and refrain from committing crime in the future.

“The moral of hudud is to inflict pain, fear, remorse and repentance as a lesson not to repeat the crime.

“Similarly, public execution under hudud will also deter others from committing a crime,” he said.

Recently, the Kelantan Menteri Besar Ahmad Yakub announced that it would table a Private Member’s Bill in the Parliament in June to implement hudud law in the state.

Minister in Prime Minister’s Department in charge of Islamic affairs Jamil Khir Baharom said the federal government would not block the move in the interest of faith.

However, many others said the move would run ultra vires to the Federal Constitution which guaranteed equality before the law.

Rahim also said the public need not fear hudud as the burden of proof under Islamic law was high.

“The process of conviction is both labourious and stringent to ensure justice is served,” said Rahim.

Abdul Rahim said the Malaysia Medical Association’s (MMA) objection was a mere knee- jerk reaction.

“The MMA was trying to usurp the powers of the Health Ministry when it said that doctors and nurses fall under the purview of the federal government and have no need to listen to state orders.

Last week, MMA president Dr NKS Tharmaseelan had said hudud amputation was against medical ethics.

Two days ago, Health Minister Dr S Subramaniam had voiced his objection to hudud amputation, adding that there are no provisions to allow medical staff to perform hudud amputation.

Hudud: Kita nak tunggu MCA keluar BN – Tuan Ibrahim


tuan ibrahim(Harakah) – PAS mencabar MCA agar bertindak keluar daripada BN ekoran penentangan berterusan parti itu terhadap penerimaan positif Umno dalam isu hudud.

Naib Presiden PAS, Datuk Tuan Ibrahim Tuan Man berkata, Umno secara jelas menyatakan persetujuan dan mahu bekerjasama dengan PAS ke arah perlaksanaan hukum Islam itu.

“Kalau MCA tidak bersetuju dengan Umno, mungkin MCA bertindak keluar daripada BN.

“Sekarang ini kita tengok macam mana respons dia,” katanya kepada pemberita di Pejabat Agung PAS Jalan Raja Laut hari ini.

Terdahulu beliau turut menghadiri pertemuan dengan wakil Kerajaan Kelantan bersama PKR dan DAP berhubung isu itu.

“Hasil perbincangan hari ini kita membuat kesimpulan bahawa perlu banyakkan penjelasan berkenaan hudud ini.

“Buat masa ini untuk menerima atau tidak terpulang kepada rakan-rakan dalam Pakatan Rakyat, bagi kita pada waktu ini adalah memberi penjelasan sebaik mungkin,” katanya.

Sebelum ini, Menteri Di Jabatan Perdana Menteri Datuk Seri Jamil Khir Baharom berkata, kerajaan pusat sedia membantu Kelantan dalam usaha melaksanakan undang-undang Islam itu.

Terbaru semalam, Timbalan Perdana Menteri Tan Sri Muhyiddin Yassin mencadangkan satu jawatankuasa teknikal hudud peringkat kebangsaan dibentuk sebelum PAS membentang usul pelaksanaan hukum hudud di Perlimen nanti.

Muhyiddin berkata ini penting bagi membolehkan isu berkenaan dibincang terlebih dahulu dengan membabitkan banyak pihak yang pakar mengenainya.

Bagaimanapun hari ini, MCA yang juga sekutu Umno melalui sayap pemudanya mengugut akan membina benteng manusia di bangunan parlimen bagi menghalang ahli parlimen PAS masuk membentangkan rang undang-undang (RUU) persendirian (private bill) berkaitan undang-undang jenayah syariah.

Ketua Pemuda MCA, Senator Chong Sin Woon berkata, parti itu akan mencuba sedaya mungkin untuk menghalang PAS daripada membentangkan RUU itu atas dasar “untuk mempertahankan Perlembagaan Persekutuan”.

Chong mendakwa, rang undang-undang itu perlu dihalang sebelum terlambat kerana ia kononnya memberi kesan yang amat besar kepada rakyat bukan Islam di negara ini.

Today’s PC; 29 April 2014





Putrajaya still seen as corrupt, as people sceptical of government’s anti-graft efforts

by Elizabeth Zachariah
The Malaysian Insider

Most Malaysians are sceptical of Putrajaya’s efforts to eradicate corruption and practise integrity despite its efforts to pursue such an agenda, an analyst told a forum today.

Institute for Democracy and Economic Affairs (IDEAS) chief executive officer Wan Saiful Wan Jan (pic) said most people were convinced that corruption and abuse of power were still a critical issue in Malaysia despite the government’s initiatives to work on them.

“Corruption is still an issue. So, despite the government’s initiatives, people still feel the country is corrupt.

“There is great scepticism of how serious the government is in pursuing this,” he said at a forum on integrity at the Malaysian Institute of Integrity in Kuala Lumpur.

He said the high level of scepticism of the government’s efforts indicated that it was because there were no real efforts to actually eradicate corruption within the government and its departments and agencies.

“It is just like when the government talked about moderation and set up the Global Movement of Moderates (GMM), which is a very good initiative to take the moderation agenda to an international level,” Wan Saiful said, referring to the think tank mooted by Prime Minister Datuk Seri Najib Razak in 2010.

“But people are making jokes about GMM. They are saying, why promote moderation outside Malaysia when there are extremists in the country that the government is not doing anything about?”

It is also because we have strong separation of powers (judiciary and executive) as well as a strong culture of apolitical public administration. – Danish Ambassador Nicolai Ruge

Malaysians, he added, are tired of politicians from both sides of the divide who demand accountability but were corrupt themselves.

Other panelists of the forum included Media Prima chairman Datuk Johan Jaafar and the Danish Ambassador to Malaysia Nicolai Ruge, who said an inclusive political culture was one of the reasons why Denmark had the lowest corruption level in the world.

Denmark tied with New Zealand to take the number 1 spot as the least corrupt countries in the world in last year’s Corruption Perception Index by Transparency International, scoring 91 out of 100 points.

Malaysia scored 50 to rank at number 53 out of 177 countries surveyed.

“It is also because we have strong separation of powers (judiciary and executive) as well as a strong culture of apolitical public administration,” he said.

In his speech afterwards, Minister in the Prime Minister’s Department in charge of governance and integrity Datuk Paul Low said the people are demanding greater accountability and transparency from the government as there is an increased awareness of corruption.

“Expectations are higher than in the past. Especially when a society is placed in desperation where the livelihood of the people is at risk through political oppression and corruption.

“The people are prepared to go to the streets to express their anger and to rise up against a failed regime. We have seen this in the Arab Spring uprising, in Greece and recently in Ukraine,” the former Transparency International-Malaysia president said. – April 29, 2014.

Obama aware of human rights issues in Malaysia

FZ.com
by Terence Fernandez


PETALING JAYA (April 28): He hardly raised an eyebrow and did not seem surprised –   that was how in tune US President Barack Obama was to human rights issues in Malaysia.

The 10 representatives of non-governmental organisations (NGOs) who had met Obama at the Ritz Carlton Hotel yesterday said the president was well briefed on the thorny issues facing Malaysia such as religious and racial extremism, the muzzling of the media, lack of free and fair elections, disregard for the Opposition, police brutality and the questionable independence of the judiciary.

 “He knew the issues and asked questions.

“Our interaction with him was on the basis that he knew what the problems were. He was well briefed,” said Datuk S. Ambiga who was representing the Malaysian Human Rights Society (Hakam).

She said while Obama believed prime minister Datuk Seri Najib Razak was reformed-minded, he did not offer any excuses for the shortcoming of the Malaysian Government in addressing these concerns.

“It was very informal. We were initially given just 15 minutes where each of us had only a minute to say what we had to, but instead Obama asked why we were all standing and that we should get some chairs.

“So we carried some chairs … even he carried a chair and we sat around him and spoke for an hour,” she said when met at her office here yesterday.

Accompanying Obama was National Security Advisor Susan Rice and US Ambassador to Malaysia Joseph Yun.

“We made it clear Malaysia was neither a moderate Muslim nation, nor a democracy in the true sense of the word,” Ambiga said, adding that Obama was also told that any praise of Malaysia’s democracy would be undermining the work of the NGOs and civil liberty movement.

Ambiga said the president assured them that they will continue engaging on these concerns through the US Embassy, where issues that were of obvious infringements of human rights would be prioritised.

She said although Obama admitted he may not be able to highlight every concern, he said he would raise the issues with his Malaysian counterpart each time the opportunity arises.

“He seemed very sincere about it,” she said.

Obama in his public speeches had cleverly touched on issues of racial discrimination and respect for democracy without offending his hosts – a veiled signal to the Malaysian Government which is hoping to get US’ endorsement for a seat in the UN Security Council.

Sisters in Islam (SIS) meanwhile had told Obama that moderate Muslims are facing an onslaught by extremists.

“It was also pointed out by SIS that calls for respect for human dignity and progressive Islam is being labelled as a threat and deviant by extremists who preach hate and racial supremacy,” its executive director Ratna Osman said in a statement.

Honey Tan, of the Coalition of Malaysian NGOs (Comango) said politicisation of Islam was the biggest concern brought to Obama’s attention.

“Since Malaysia will assume the chairmanship of ASEAN in 2015, the president should encourage our prime minister to ensure space for civil society organisations are not constrained and activists not restrained from speaking out,” she said.

The meeting was also attended by Malaysian Human Rights Commission (Suhakam) commissioner Tan Sri Hasmy Agam, Bar Council president Christopher Leong, Bersih 2.0 Chairman Maria Chin Abdullah, Islamic Renaissance Front (IRF) chairman Dr Ahmad Farouk Musa, Kuala Lumpur Archbishop Emeritus Rev. Tan Sri Murphy Pakiam, the Council of Churches Malaysia head Rev. Dr Herman Shastri and Tenaganita’s Aegile Fernandez.

It had been reported that Hasmy complained about the toothless tiger Suhakam was where its annual report was not even tabled in Parliament.

Information on the prosecution of religious minorities was the input provided by Ahmad Farouk.

Senate Creates History, Extends Sitting Until Past Midnight

KUALA LUMPUR, April 29 (Bernama) -- The Dewan Negara created history Tuesday when the sitting lasted until past midnight to enable all matters at hand to be resolved.

This is the second time that Parliament faced such a situation after the Dewan Rakyat sitting was adjourned at 3.22 am on April 20, 2012.

The Senate sitting was adjourned at 12.45 am on Wednesday after Deputy Minister in the Prime Minister's Department Datuk Razali Ibrahim completed his winding up speech on the debate on the motion of thanks for the royal address.

Senate president Tan Sri Abu Zahar Ujang, however, did not stop the proceeding when the clock struck midnight as Minister in the Prime Minister's Department Datuk Seri Jamil Khir Baharom was having the floor.

Earlier, Abu Zahar in allowing the sitting to be extended until all matters were resolved, said the minister's presence to answer all questions and the willingness of all the senators to stay put, must be appreciated.

"The minister's presence is a good sign, while the Senate members' willingness to wait is appreciated. So, I ask for a proposal be put forward to enable this sitting be extended until each ministry has wound up its debate," he said.

Minister in the Prime Minister's Department, Datuk Seri Shahidan Kassim then read the standing order to cancel out the earlier order made and this was supported by Razali.

According to today's proceedings, the Dewan Negara needed to pass the motion of thanks for the royal address before the sitting could be postponed as from tomorrow, the Senate needs to debate on four bills.

These are the Supplementary Supply Bill 2014, Goods and Services Tax Bill 2014, Judges Remuneration (Amendment) Bill 2013 and the Corrosive and Explosive Substances and Offensive Weapons (Amendment) Bill 2013.

The first meeting of the second session of the Dewan Negara has been set for nine days from April 21 until May 6.

The sitting continues tomorrow.

Tuesday 29 April 2014

Guan Eng: DAP akan 'tentang' hudud PAS di Parlimen

Kami patut jadi pemerintah, kata Pakatan pada Amerika

Man cuts wife’s legs in Sargodha

SARGODHA A man cut legs of his second wife with an axe over suspicion in Shahpur town of Sargodha District on Saturday.

According to media reports, Mamoona Bibi wed Siddiq last month. But few days after the marriage, her husband started abusing and torturing her frequently.

Again on Saturday, the suspect first beat her with a stick and then amputated her legs with an axe. Neighbours managed to nab the suspect and handed him over to police.

Mamoona was rushed to a hospital.

We are fair to all races, says Zahid Hamidi

Home Minister Datuk Seri Dr Ahmad Zahid Hamidi says Malaysia is fair to all races. – The Malaysian Insider pic by Nazir Sufari, April 28, 2014. 
Home Minister Datuk Seri Dr Ahmad Zahid Hamidi says Malaysia is fair to all races. 
– The Malaysian Insider pic by Nazir Sufari, April 28, 2014. 

Malaysia does not impose any restrictions on non-Muslims and is fair to all races, Home Minister Datuk Seri Dr Ahmad Zahid Hamidi (pic) said today in response to President Barack Obama's advice to the country's leadership.

The US president had said yesterday that Malaysia needed to ensure equal opportunities for the non-Muslim communities here if it wanted to prosper.

"Equal opportunity is given to non-Muslims and the government is fair to all religions," Ahmad Zahid said.

"I do not think that there are any obstacles to practising religion in Malaysia.

"Being biased in favour of one religion is something to be avoided because mutual respect between all religions is a necessity.

"If we respect other religions, the same respect will be shown to the religion which we practise," he told a press conference today.

Ahmad Zahid was speaking to reporters after officiating the 4th Asean Human Trafficking workshop in Kuala Lumpur today.

Obama had also said that non-Muslims in Malaysia faced enemies at this time and many felt oppressed.

"There should be no excuses for discrimination, and you must ensure that this issue is fought against in your daily lives," Obama had said.

"Malaysia will not succeed if non-Muslims are not given equal opportunity, Myanmar will not succeed if the Muslim population continues to be oppressed."

Obama was speaking at a townhall meeting for Asean youths at Dewan Tunku Cancelor in University of Malaya in Kuala Lumpur yesterday.

Referring to the implementation of hudud law in Kelantan, Ahmad Zahid said this was a serious issue which needed to be studied in detail before being introduced.

Ahmad Zahid said the Federal Constitution needed to be amended and two-thirds support in Parliament was required to realise hudud.

"It is not simple to carry out hudud punishment but we should not reject the concept of hudud," he said.

"We should know that hudud is one of the elements in the many Islamic laws."

Ahmad Zahid said hudud did not just involve the implementation of the law by police and other bodies.

"Although the Kelantan Shariah Penal Code II was passed in 1993, there have been a lot of obstacles preventing the Islamic law from being implemented.

"The Kelantan state government needs to study the implementation and principle of hudud punishment before a further decision is made to raise the issue in Parliament."

Asked about his views on hudud, Ahmad Zahid said his stand on the issue was the same as that of Putrajaya.

"Putrajaya's stand will be announced by the prime minister. BN MPs will also have the same stand as Putrajaya," he added. – April 28, 2014.

Mengapa Obama tidak nasihat bukan Islam wajib hormati majoriti Islam, soal Ibrahim Ali

Datuk Ibrahim Ali (gambar) hari ini senada dengan Datuk Seri Ahmad Zahid Hamidi, menyanggah
kenyataan Presiden Amerika Syarikat (AS) Barack Obama yang menyifatkan Malaysia tidak akan berjaya jika bukan Islam tidak diberikan peluang yang sama.

Presiden Perkasa itu berkata, kenyataan Obama itu tidak benar kerana selama ini bukan Islam menguasai 60% ekonomi negara.

"Siapa miliki bangunan pencakar langit, gedung besar dan rumah kedai dalam bandar?

"Kerajaan membiayai sekolah jenis kebangsaan walaupun ada yang mendakwa bertentangan dengan Perlembagaan," katanya dalam satu kenyataan hari ini.

Hari ini menteri dalam negeri turut menyelar kenyataan Obama dengan mengatakan tidak benar Malaysia mengamalkan diskriminasi kaum dan agama.

Semalam, Obama berkata, Malaysia perlu memastikan masyarakat bukan Islam di negara ini, mendapat peluang yang sama seperti majoriti penduduk beragama Islam jika negara ini mahu terus makmur.

Katanya, masyarakat bukan Islam di Malaysia pada masa ini berdepan permusuhan dan ada yang rasa tertindas.

“Sepatutnya tidak ada alasan untuk diskriminasi, dan anda perlu memastikan menentang perkara ini dalam kehidupan harian.

“Malaysia tidak akan berjaya jika bukan Islam tidak mendapat peluang yang sama adil. Myanmar tidak akan berjaya jika populasi Islam di sana terus ditindas,” katanya dalam majlis pertemuan dua hala untuk belia Asean di Dewan Tunku Canselor di Universiti Malaya, Kuala Lumpur semalam.

Ibrahim berkata pihak yang mendakwa Malaysia menafikan hak bukan Islam adalah golongan kurang waras dan tidak berakal.

Katanya, Obama sendiri tidak memastikan Israel memberi layanan yang baik kepada penduduk asal di Palestin.

"Saya nak tanya Obama, layanan apa pihak Israel beri kepada penduduk asal rakyat Palestin? Cakap tidak serupa bikin.

"Kenapa Obama tidak nasihat penduduk bukan Islam wajib menghormati kaum majoriti Islam? Obama seperti presiden Amerika lain juga tidak telus," katanya.

Ibrahim berkata tindakan Obama ke Malaysia dan membuat kenyataan berat sebelah hanya menambahkan lagi ketegangan kaum di negara ini. – 28 April, 2014.

DAP to US: Anwar should’ve been PM

Lim Guan Eng tells the US official that last May's general election was riddled with irregularities.
UPDATED

PETALING JAYA: Opposition leader Anwar Ibrahim is the rightful Prime Minister of Malaysia, DAP has told US National Security Adviser Susan Rice.

A statement issued by Anwar’s press office said today that DAP Secretary-General Lim Guan Eng told Rice this morning about last May’s general election being marred by irregularities.

“Despite the irregularities, the Pakatan Rakyat pact managed to garner 52% of the popular votes, which means Anwar should have been installed as prime minister,” the statement quoted Lim as saying.

Anwar and PAS Secretary-General Mustafa Ali was also at the meeting with Rice.

Lim, who is Penang Chief Minister, was reported to have told Rice that millions rallied against the outcome of the election.

“Although Pakatan did not concede to a defeat, we decided to move forward with the business of governing to avoid civil strife,” he was quoted as saying.

At the meeting Anwar spoke about the public’s reservations over the Trans Pacific Partnership Agreement (TPPA), specifically its effects on the local agriculture and pharmaceutical sectors, the statement said.

“He also spoke about Malaysia’s potential of being exposed to costly litigation,” it added.

“Rice noted that there is a need to facilitate a broader level of discussion on TPPA in the interest of transparency and to ensure everyone understands it.”

Mustafa reportedly told Rice that Putrajaya had resorted to punishing Pakatan administered states by withholding development funds.

“He also said the federalism concept in Malaysia had failed as state governments continue to rely on Putrajaya for funds to finance its programmes,” the statement said.

Wanted meeting with Obama

Anwar had previously expressed his disappointment that President Obama would not be seeing him during the latter’s official three-day visit to Malaysia which ended this morning.

He had blamed the Najib administration of pressuring Obama not to meet the PKR leader.

In a Thai newspaper interview today, Anwar had said that the US ambassador had explained that Obama’s Asian visit doesn’t include meeting opposition leaders.

“I can’t complain because the US has consistently been in support of the democratic process, rule of law, and has taken up my case. In that sense, I appreciate it.

“But I find it difficult to accept that the Malaysian government can use the trade agreement [TPP] and business to pressure the president of the United States. That doesn’t go well for those fighting for freedom and reform,” Anwar was reported as saying in The Nation.

To a question on what he would have said to Obama if there had been a meeting, Anwar said he would have asked the US president to “be consistent with the American foreign policy in supporting reform agenda, transparent governments, democratic reforms”.

“They have sent battalion after battalion of troops to Afghanistan and Iraq and also drones in the war on terrorism, and here they can’t be muted when the Umno regime is using the court to deny my basic rights and those [rights] of other political leaders,” he had told the daily.

Nine suspected terrorists detained in S’gor, Kedah

All nine are believed to be trying to spread their ideology and movement.

KUALA LUMPUR: Nine suspected terrorists were detained by Bukit Aman counter-terrorism division today at undisclosed locations in Selangor and Kedah.

According to the Inspector General of Police Khalid Abu Bakar all nine detained were believed to be involved in international terrorism syndicate. However he did not provide further details on the group.

In a press statement, the IGP said that all those arrested were between 22 and 55 years old. He added that some of the detained individuals had conducted secret meetings and discussions at several places in Malaysia.

“We believe that these nine people are connected to international terrorism syndicate. They were all detained at two separate locations in Kedah and Selangor,”

“Some of them have already been in secret discussions and they have been talking about their ideologies and how to spread their movement in this country,” Khalid said.

The last time a Malaysian was arrested and charged under the SOSMA was former army captain Yazid Sufaat who was detained by police in February 2013.

The ex-biochemist student was charged with inciting terrorist act that could have involved violence in Syria.

Yazid had earlier been jailed for seven years for allegedly aiding two of the perpetrators of the Sept 11 attacks in the United States.

Zahid’s Three Monkeys’ version of democracy

From JD Lovrenciear,

The US President and all the religious leaders and captains of civil society and human rights representatives must be lying through their teeth, given Ahmad Zahid’s ‘Three Monkeys’ stance. Malaysia’s Home Minister has, in a press conference, denied outright that there is no discrimination of any sort in Malaysia.

In response to Barack Obama’s caution (if not a reprimand) on discrimination against humanity, Zahid rebutted by stating that there are ‘no restrictions imposed on non Muslims’ and that Malaysia is ‘fair to all races’.

His claims, as made in his press conference that “there are (no) obstacles to practicing religion in Malaysia” also makes the religious leaders who spoke to the US President in person look like sinful, blatant and habitual liars.

Zahid’s claims that “equal opportunities is given to non-Muslims and (that the) government is fair to all….” also makes the civil society and human rights leaders who spoke without fear or favour as they were wisely granted an extended one-hour session (instead of a scheduled 15 minutes) audience with the American President, seem like a bunch of recalcitrant liars out to create chaos.

With this rebuttal from the Home Minister, he deems all that the Malaysian human rights and civil society as well as religious leaders shared with the US President as they unloaded pressing issues and concerns that hinge on race, religion, gender, social-economic status and political affiliations is utter rubbish.

Malaysia’s home Minister’s rebuttal also makes the US President look real silly in extending the timeframe to hear out the concerns and to get a first-hand update of the ‘sitz-im-laben’ here in Malaysia.

What’s next? Will these civil society, human rights and religious leaders now be hauled up for tarnishing the image of the country and be branded as ‘penghianat’ (traitors) for pouring their burdens to the icon of world power, the President of the USA?

Let us ask the Home Minister of Malaysia a few questions: What was your political party’s kris-weilding antics all about at your general assembly? What is all these ‘ketuanan Melayu’ (Malay supremacy) that your political party which also forms the government, championing relentlessly, all about? What is your National Economic Plan agenda truly for?

Even in the practice of Islam, Malaysia discriminates does it not? Yes, all that sledge-hammering on any Muslim group that does not subscribe to the Umno version of Islam.

Honourable Home Minister, you have philosophically stated in that same press conference that “mutual respect between all religions is a necessity”. But pause and ask yourself Sir, one honest question:

If there was ‘mutual respect’, would all these wise, learned and respected leaders from human rights and civil society and the various non-Muslim religious leaders not have sung a united song of harmony and proclamation of how great the Umno-led government is to the ears of the world’s leading power?

Would Barack Obama in the very first place even have scheduled and then went on to extend the time to a full 60 minutes to hear out the feedback presented to him?

Either your boss Najib, the prime minister of Malaysia, sacks you and redeems the country’s face or he maintains his iconic continued silence, which will mean only one thing, i.e. absolute indifference to the President of America’s concern, caution and desire.

Can the current Malaysian government shut the door on face of USA?

Isma slams Obama over equality call

Ikatan Muslimin Malaysia chides President Obama for seeking equal opportunities for non-Muslims here.

PETALING JAYA: Ikatan Muslimin Malaysia (Isma) president Abdullah Zaik Abdul Rahman today hit out at US president Barack Obama for his “handicapped thinking”.

He was commenting on Obama who yesterday said that Malaysia would not succeed if the non-Muslims were not provided equal opportunities.

“It is handicapped thinking and is not fit for a president of the US, especially one who claims to be educated,” Abdullah told FMT.

“If Obama and his allies think that the Malays have to relinquish their rights to the non-Muslims, then it is a clear defect on his part.”

He added that it was unfair for Obama to make such statement and he should first look into the country’s history.

“He should do his research first. For Isma, we always study about the history first before coming out with statements.”

Abdullah stressed that Obama should not be siding with “America’s proxies” but rather look at the issue of justice holistically.

“If I were to go to India or China and say that for justice, I must be given equal opportunities and demand to become the Premier of China, would they also consider this as justice?”

Abdullah also said that in the US, fighting for justice is merely to ensure continuity of their “colonising policies”.

“The colonisers changed many things in the country without the permission of the Malays. As a result, we are facing many calamities due to their bad policies,” he said.

In response to Abdullah’s statement, Malaysian Indians Progressive Association (Mipas) secretary-general S Barathidasan said the former’s statement was not applicable as the country’s non-Muslims were born here.

“If he demands for equal opportunities in China or India, he is going there as a visitor. Malaysia’s non-Muslims are the co-developers of the country’s socio-economy and politics.

“We also fought together for independence. As such, we should be given the same opportunities.”

Barathidasan pointed out how in India Italian-born Sonia Gandhi was given the opportunity to become an Indian politician, serving as the Indian National Congress president since 1998.

“You get opportunities in India, but in Malaysia the minorities are not being protected,” he said.

DAP won’t budge from stand

(The Sun Daily) - DAP, which does not support the implementation of hudud, will oppose any motions from parties which are pushing for the controversial law to be enforced.

DAP secretary-general Lim Guan Eng said the party will object even if leaders from Pakatan Rakyat (PR) wanted to bring hudud issue to the Pakatan supreme council meeting.

“When we talk about the position of DAP, we have always been consistent in opposing hudud because it is contrary to the Federal Constitution,” he said.

“When all the party leaders in PR agree on hudud, only then it will become PR policy. (But) DAP will never agree and therefore hudud will never be PR policy,” he added.

He said that DAP will oppose even if the motion on hudud is brought to Parliament.

Lim, who was present at the George Town Festival 2014 press conference, was responding to press reports that PAS president Datuk Seri Hadi Awang had revealed that the PR supreme council has agreed to the implementation of hudud in Kelantan.

“There are certain sections in the mainstream media which wanted to twist and turn the facts to say that we support hudud. We wanted to make sure that this (our stand against hudud) is stated unequivocally,” said Lim.

Lim said the reports were baseless, adding that the party’s stand on hudud is “continuous, from the beginning until now”.

Meanwhile, Gerakan president Datuk Mah Siew Keong warned all parties that the unconstitutionality and discriminatory nature of hudud could pose a threat to the basic foundations of the country and its secular nature.

“Every responsible Malaysian must oppose any attempt to pass any law that is against the Federal Constitution and the basic structure of our country. Malaysians must ensure our criminal justice system remains secular as Malaysia is a multi-religious country,” he added.

He urged Barisan Nasional MPs, irrespective of religion, to reject hudud because “we cannot and must not change the legal system as enshrined in the Federal Constitution”.

Muslim doctors don’t see eye to eye

(The Sun Daily) - A group representing Muslim physicians has defied the Health Ministry and Malaysian Medical Association on the hudud issue, saying that its members will amputate limbs “in the most humane manner possible”.

Pertubuhan Ikram Malaysia president Dr Mohammed Fauzi Abdul Rani said syariah law mandates Muslim physicians to perform the surgical procedure as instructed by syariah courts and as such, Muslim physicians must abide by it.

“It will be done in the most humane manner possible, (and it will serve) as a severe lesson for the offender,” he said in a statement.

Fauzi said Muslim physicians are subservient to the higher ideals of syariah law to protect the general public.

On the Hippocratic Oath where physicians are expected to “do no harm” (primum non nocere), he said Muslim doctors are not doing any harm to a criminal who has transgressed the boundaries of social justice and has to undergo a punishment prescribed by Islamic law.

“These crimes (theft, fornication, adultery, alcohol consumption and apostasy) which threaten the social and moral order are seen as transgressing the limits set by God Himself and thus have punishments mandated in the Quran.

“Hudud laws … are divinely ordained and Muslims are in no position to negate them,” he said.

Fauzi said Muslims had no difficulty accepting that non-Muslims have different beliefs and live their lives differently from Muslims.

“We respect and celebrate religious plurality… Please show us the same courtesy,” he added.

He also said that a conviction under syariah law “is extremely difficult as the benefit of doubt is in favour of the accused”.

On Health Minister Datuk Seri Dr S. Subramaniam’s statement that there were no provisions under the Medical Act for such amputations, Fauzi said the act of amputation (of criminals) should not be considered a medical practice.

Meanwhile, Islamic Renaissance Front (IRF) director Dr Ahmad Farouk Musa described the proposal by Kelantan Deputy Mentri Besar Datuk Mohd Amar Nik Amar that surgeons amputate limbs under syariah law as “outrageous”.

He said this is because the act is against medical ethics.

“This suggestion will definitely bring the entire medical profession into disrepute. The medical profession is the noblest profession on earth and to even suggest such a heinous act against another human being in the name of religion is simply callous and nefarious.”

US ‘concerned’ by sodomy ruling against Anwar

(AFP) - US National Security Adviser Susan Rice on Monday met Malaysian opposition leader Anwar Ibrahim and expressed concern at a sodomy conviction against him that is widely seen as politically motivated.

Wrapping up a US visit to Malaysia led by President Barack Obama, Rice also called on the government of Prime Minister Najib Razak to ensure the rule of law in the country.

“Ambassador Rice emphasised to Anwar that the United States has followed his case closely, and that the decision to prosecute him and the trial have raised a number of concerns regarding the rule of law and the independence of the courts,” a White House statement said after their meeting in Kuala Lumpur.

Anwar was convicted and sentenced to five years in jail on March 7 on charges he sodomised a former aide. He is free pending an appeal.

Anwar says the charge is false and part of a long-running government campaign to smear his name with charges of sodomy, which is illegal in Muslim-majority Malaysia.

The opposition has heavily eroded the ruling coalition’s control of parliament in recent elections.

Rice also said during the meeting that it was “critical for Malaysia to apply the rule of law fairly, transparently, and apolitically in order to promote confidence in Malaysia’s democracy and judiciary”.

Obama left Malaysia on Monday morning for the Philippines as part of an Asian tour that also took him to Japan and South Korea.

The president nudged Najib in a joint press briefing on Sunday to ensure rights were protected, but also indicated the issue was unlikely to stand in the way of US plans to improve ties with Malaysia.

Obama is keen to shore up US engagement with a region in which China’s increasing assertiveness is causing growing alarm.

Anwar released a statement after the Rice meeting, saying he told her that US-Malaysia ties should include not just trade and security and other traditional issues but also “human rights, good governance and democracy”.

The US administration raised eyebrows by leaving Anwar off Obama’s list of appointments.

But the president said sending his senior foreign policy official to the meeting signalled the importance he attached to it.

Obama’s Cynical Malaysian Sojourn

BFF. Mwah.
State visit avoided hard issues and gave Najib a pass on human rights

For anyone in Southeast Asia with an interest in fair, honest and even-handed government, the disappointing visit of President Barack Obama to Malaysia is a victory for political expediency that largely glossed over growing discontent over racial tensions, corruption and abuses of judicial power by the ruling coalition.

Obama, according to most reports, walked a careful line on such issues, roaming the stage at a town meeting with students to tell them the country can’t succeed if minorities are suppressed.

But the president also continued to call the prime minister a friend and reformer. What kind of friend is this exactly?

The fact is that Prime Minister Najib Tun Razak was a willing perpetrator as defense minister in the looting of the public purse to the tune of hundreds of millions of dollars – in bribery and kickbacks from the French munitions maker DCN over a US$1 billion submarine deal, as well as other deals involving patrol boats that were never delivered, Russian Sukhoi jets that cost vastly more than what other countries paid and other equally dubious transactions that have been repeatedly exposed by the opposition and printed on opposition websites, to no avail.

On top of that, Najib heads a country that is slipping backwards fast on human rights issues, with its most prominent opposition leader, Anwar Ibrahim, facing jail for the second time on what are clearly bogus charges of sexual deviance and another, Karpal Singh, who was about to be railroaded out of parliament on specious sedition charges when he was killed in a car accident. 

Other opposition leaders also face sedition charges in what Ambiga Sreenevasan, the former head of the Malaysian Bar Council, recently called “Operation Lalang by the courts,” a reference to a 1987 crackdown on dissidents that sent more than 100 people, most of them opposition leaders, to jail without trial.

Obama’s decision not to meet with Anwar “in and of itself isn't indicative of our lack of concern, given the fact that there are a lot of people I don't meet with and opposition leaders that I don't meet with,” he told reporters in response to a question by CNN.

Anwar does get an April 28 meeting with Susan Rice, the president’s national security advisor, but the message on human rights was clear – the issue takes a back seat to geopolitics in Kuala Lumpur and perhaps to a desire to prop up Najib for fear of empowering more conservative elements inside his long-ruling United Malays National Organization or to gain his support for the US-backed Trans-Pacific Partnership trade deal.

Obama either appears to have been hoodwinked by Najib, or decided that diplomatic niceties demanded a waffle. In response to a question, the president said in a press conference that … “the prime minister is the first to acknowledge that Malaysia still has work to do,” that he “came in as a reformer and one who is committed to it, and I am going to continue to encourage him as a friend and a partner to making progress on that front.”

Najib’s lukewarm commitment to economic reform vanished in the wake of the May 2013 election, in which the opposition won a narrow popular-vote victory but lost parliament due to gerrymandering, and the subsequent ascendancy of the hardline UMNO wing led by former Prime Minister Mahathir Mohamad and his long-running ally Daim Zainuddin. The modest reforms Najib had put in place to reverse parts of the disastrous race-based New Economic Policy were washed away last September in an array of new economic benefits for ethnic Malays.

Najib, whatever his personal beliefs may be, is clearly in the thrall of such Malay chauvinist organizations as Perkasa, which preaches astonishing hatred towards Malaysia’s minority races. Nobody, including Najib, has ever spoken of reining in such groups. Minority and opposition politicians who raise an outcry over racial issues are often met with threats of sedition charges.
To anyone deeply familiar with Malaysia, the statement that Najib is committed to reform is laughable. None of Malaysia's online news sites, which form the credible journalistic opposition, were invited to the Najib-Obama joint press conference. So while Obama was extolling Najib's reformist credentials, Malaysia's most trusted news organization Malaysiakini wass shut out of the press conference.

UMNO is a kleptocracy that continues to loot the country’s assets with impunity. The latest, for example, was the award – without an open bid ‑ earlier this month of a RM1.6 billion contract for the building and maintenance of a hospital whose entire board of directors was drawn from the youth wing of UMNO, and whose managing director is a close friend of Khairy Jamaluddin, the head of UMNO youth. 

These contracts are signed on a regular basis. Any suggestion that Najib doesn’t know they benefit his own political party is silly. He has participated personally in this kind of theft, which has resulted in his ostentatiously wealthy wife flaunting her riches worldwide to the anger of many people back home.

The party’s continuing use of fundamentalist Islam has nothing to do with true religious fervor but rather a specious use of faith to shore up its rural base at election time.  The decision to ban the word “Allah” in Malay-language Christian Bibles is an example. The word was banned for Bibles in mainland Malaysia, where Malays outnumber other races, but allowed to stand in Bibles in East Malaysia, where indigenous tribes are mainly Christians who support the ruling national coalition at the polls.

According to the New York Times, Obama’s visit underscores a change in Malaysian attitudes toward the United States, “which has evolved from deep suspicion, verging on contempt, to a cautious desire for cooperation.” 

But the fact is, as the US Embassy in Kuala Lumpur knows well and surely told the president, is that despite Mahathir’s heated rhetoric during his years on office, the country has remained firmly in the western camp. Indeed, as the late Barry Wain illustrated in his book, Malaysian Maverick, while Mahathir was delivering speeches about American imperialism, he was quietly allowing the US military to train in Malaysian jungles. He was also sending his own children to American universities for their educations.

While Malaysia recognizes its future with China as its biggest trading partner, it is hardly the fulcrum of influence for or against the US in Asia.  It is nice for the US to have it as a strategic partner, as Obama stressed.  But it is one that should be kept at arms’ length.

On The Government’s Direct Involvement In The Trial Of Anwar Ibrahim

PRESS STATEMENT FOR IMMEDIATE RELEASE

During the joint press conference on April 27 with Prime Minister Najib Razak and US President Barack Obama, Prime Minister Najib stated that:

‘Specifically on Anwar’s case, it’s not — I want to put it on record, it’s not about the government against him. It’s an action taken by an individual who happens to be his former employee who’s taken up this case against him — a complainant. And under the eyes of the law, even if you’re a small man or a big man, you have equal justice. I think you believe in that principle.’

This is a dubious and misleading statement for several reasons.

Firstly, the complainant met with Najib just a few days before filing a police report against Anwar Ibrahim. Najib initially denied the meeting took place. Then he admitted it happened but indicated the complainant only visited him to seek help in obtaining a scholarship. Then Najib changed his story again indicating the complainant came to him to express trauma over being allegedly assaulted by Anwar. Following his meeting with Najib, the complainant met with a police officer known to have been deeply involved in the conspiracy to frame Anwar in the 1998 trial. The complainant filed his police report with Anwar the following day.

Secondly, Anwar was acquitted on January 9, 2012 of the charges leveled against him. The prosecution led by the Attorney General filed an appeal on January 20, 2012 and has led the charge to overturn Anwar’s acquittal. The AG appointed Shafee Abdullah as lead prosecutor in the appeal, an ad hoc appointment to the case which makes virtually no sense unless one considers his background. Shafee is the lawyer to key members of the ruling UMNO party including Dr Mahathir Mohammad and Najib himself. He has also litigated numerous high-profile cases for UMNO leaders. He was present at the meeting in 2008 between the complainant and Najib. The entire prosecutorial process in the Court of Appeal is tainted with the direct influence and interference of the ruling UMNO party led by Najib. Similar concerns were raised by the legal fraternity who observed the trial including the Bar Council, International Commission of Jurists, Inter-Parliamentary Union, Commonwealth Lawyers Association and the International Bar Association.

Lastly, Najib said that under the eyes of the law, even if you are a small or big man, you have equal justice. His statement reveals the truly deplorable condition of Malaysia’s pliant judiciary. The big men in UMNO-BN complicit in innumerable cases of corruption, abuse of power and murder – such as the Altantuya murder case and the PKFZ scandal – remain virtually immune from prosecution. Meanwhile the small men are systematically denied due process and justice in Malaysia.

For Najib to make a claim that the case against Anwar is a personal matter is consistent with his attempt to deflect from the very real and damning evidence linking him to this conspiracy. For him to utter such calumny standing beside President Obama while stating his commitment to upholding the rule of law is nothing short of an insult to the intelligence of the President, all Malaysians and all Americans.

PRESS OFFICE
OFFICE OF ANWAR IBRAHIM
28th APRIL 2014

Anwar Ibrahim Meets US National Security Council Director Ambassador Susan Rice


PRESS STATEMENT
FOR IMMEDIATE RELEASE

Anwar Ibrahim, opposition leader of Malaysia, and Justice Party (PKR) advisor, along with Democratic Action Party (DAP) Secretary General Lim Guan Eng and Pan-Malaysian Islamic Party (PAS) Secretary General of Mustafa Ali met with United States National Security Advisor Ambassador Susan Rice this morning in Kuala Lumpur. Also present was US Assistant Secretary of State for East Asian and Pacific Affairs Daniel Russel.

In the meeting Ambassador Rice conveyed a personal message from President Barack Obama to Anwar Ibrahim. President Obama said he sends his regards and best wishes to Anwar and wishes to be informed of the progress made in the meeting. Ambassador Rice also offered her condolences on the passing of the late Karpal Singh.

Anwar expressed his appreciation for the personal reference made by President Obama and on his being concerned.

In the meeting several important facets of the US-Malaysia bilateral relationship were discussed.

Ambassador Rice requested input on strategies to improve the bilateral relationship between Malaysia and the United States and recommended an honest conversation about the negotiations for the Trans Pacific Partnership Agreement (TPPA).

Anwar indicated he believed it is important to explore all avenues of bilateral cooperation and made reference to the United States’ comprehensive partnership framework in engaging with neighbouring Indonesia and Vietnam. In those countries, engagement was truly comprehensive covering trade and commerce, security, education, environment as well as issues of human rights, good governance and democracy. Anwar suggested the United States create a Working Group on governance and human rights that included representatives from civil society and opposition as one critical way to strengthen the comprehensive partnership announced during President Obama’s visit.

On the issue of the TPPA Anwar believes that Malaysia is a trading nation that must attract Foreign Direct Investment to survive in a challenging global economy. He explained to Ambassador Rice that Pakatan Rakyat has voiced its concerns about the TPPA, specifically regarding its stipulations about the agricultural sector, pharmaceutical sector and the exposure to complex and costly litigation that Malaysia may face upon signing the agreement. Anwar further explained that efforts to engage with the Federal Government to convey Pakatan Rakyat’s concerns and suggestions have been rejected. Ambassador Rice noted the need to facilitate a broader conversation in Malaysia about the agreement to ensure all parties understand it, to not vilify the US, and to ensure that the negotiation process is more transparent and inclusive.

Guan Eng, who is also Chief Minister of Penang, highlighted concerns about electoral integrity in Malaysia. He informed Ambassador Rice that despite the fraudulent conduct of May 2013 elections (which has been documented in a joint study by Harvard and the University of Sydney), the opposition still garnered 52% of the popular vote. Guan Eng explained to Ambassador Rice that Anwar Ibrahim should be the rightful Prime Minister of Malaysia right now. Following the 2013 elections, Guan Eng informed Ambassador Rice that the opposition rallied millions of Malaysians from across the country and around the world to protest the fraudulent outcome. Although never conceding defeat, after six weeks of sustained protests, the opposition agreed to move forward with the business of governing in the interests of avoiding civil strife.

Mustafa Ali stated that Malaysia suffers from the failure of federalism. The states rely heavily on the federal government for development, education and social welfare programs. Mustafa explained to Ambassador Rice that the federal government controlled by the UMNO-dominated BN coalition will resort to punishing states that are controlled by the opposition, such as by withholding development funds (e.g. the Petroleum Royalty for Kelantan). Ultimately the people suffer. Mustafa also emphasized to Ambassador Rice the need for a free media and an independent election commission to correct these problems.

Anwar expresses his appreciation on the availability of Ambassador Rice for these candid and frank discussions.

After the session with Pakatan Rakyat, Anwar and Ambassador Rice continued for a one-on-one session for approximately 20 minutes.

PRESS OFFICE
OFFICE OF ANWAR IBRAHIM
28th APRIL 2014

Why hudud is unconstitutional and impractical – Low Teck Kuan

PAS has recently been extremely persistent in pushing for the implementation of hudud in Kelantan. Despite numerous warnings by other political parties against their agenda, PAS seems hell bent on introducing a Private Members Bill in Parliament to further their own political agenda.

However, here lies the big question: Is it possible to implement one set of criminal law (hudud) in one state and have the rest of other states and Federal Territories obeying another set of criminal law?

Certainly no, because let’s be clear on this, you cannot have one set of law for one state on crime and another set of criminal law for other states. Not only it is impractical, it also seeks to disrupt the basic structure and relationship between the Federal and the states which was laid down by our founding father Tunku Abdul Rahman. It is also unconstitutional as PAS’s constant attempt at introducing hudud also seeks usurp federal powers at the same time.

Part VI of the Federal Constitution defines the relations between Federal and the states, where therein lies Article 73 to 79 of the Federal Constitution which laid down Parliament’s (Federal level) exclusive power to make law. Specifically, Article 74 (1) states that “…Parliament may make laws with respect to any of the matters enumerated in the Federal List or the Concurrent List…” while Article 74(2) states that “…the Legislature of a State may make laws with respect to any of the matters enumerated in the State List…”

And if we look at the Federal list which is the First fist set out in the ninth Schedule of the Federal Constitution, internal security (including police, criminal investigation, public order etc.) clearly forms part of the Federal’s exclusive power and responsibility. Any attempt by any states to usurp this power is therefore unconstitutional. Even Article 75 demonstrates Federal’s superiority over all other states, where it is stated that “if any State law is inconsistent with a Federal law, the Federal law shall prevail and the State law shall, to the extent of the inconsistency, be void”. Supremacy of the Federal Constitution as stated under Articles 4(1) also provides for the prevalence of the Federal Constitution against any conflicting laws passed by Parliament.

Crime is and has always been under the Federal’s jurisdiction, not the state. You cannot have one criminal court sentencing criminals to stoning or amputation with the rest of the country's criminals committing the same offence being jailed. Even the police force will be acting separately and confused. It’s akin to Kelantan seceding, running and acting on its own. It also creates a dangerous precedent where any one state could at any time decide and choose to act on Federal matters on its own which will defeat the very purpose of forming a federation in the first place.

In addition, implementation of hudud is clearly unconstitutional as it seeks to cover crimes that are already well covered in the Penal Code. Although PAS legal bureau chairperson Mohamed Hanipa Maidin disagreed and stated that two criminal justice systems namely civil law and syariah law, have existed "since the time the federal constitution was created" and therefore is constitutional. However, I beg to differ as Syariah offences tried in the Syariah Court are only permitted on the premise that the State law stipulating Syariah offences is not in conflict with the Penal Code. Syariah Court only has jurisdictions over Islamic criminal offenses that are not covered by Federal law.

Common crimes, such as theft, murder, rape and any other offences which are already covered by the Penal Code are obviously beyond the state’s reach. By attempting to introduce hudud which has the effects of replacing provisions in the Penal Code, it is essentially in conflict of it and thereby unconstitutional. A good case to note here is the case of Che Omar bin Che Soh v. Public Prosecutor [1988] 2 M.L.J. 55, where the Court held that although Islam is the religion of the federation, it is not the basic law of the land and Article 3 (on Islam) does not impose any limit on Parliament to legislate. Therefore, Federal law takes precedence.

To implement hudud, PAS will need to significantly alter the Federal Constitution and redefine the basic structure of Federal-state relationship and responsibilities that has proven to be successful since the Merdeka days. Is it then advisable for us now to allow PAS to disrupt this core system and let Kelantan manage crime on their own with their own set of police force and criminal court? What happens then if there is a conflict between Federal and state institutions during execution of these two distinct laws? For example, what if a Kelantan Muslim commits a crime in other state? Or a non-Kelantan Muslim who commits a crime in Kelantan, but ran off to Penang? Which set of law applies? Should these people too be subjected to hudud law? Which police force will be responsible to nab them? Is the civil criminal court responsible to hear this crime? Or the Syariah criminal court?

Perhaps the more pressing question will be, does the Kelantan Muslims even want to be subjected to hudud where other Muslims living outside Kelantan would not? What if they still want to be governed by the existing Penal Code? Do they want to be treated differently from the rest?

Should Malaysian Muslims and non-Muslims alike who reside outside Kelantan start subjecting Kelantan Muslims to different treatments? Thereby discriminating them? Is it even just, fair and equitable to do so?

Have the wise ulamas in PAS ever considered these possible jurisdictional and enforcement problems? They could not even offer a constructive solution to the existing conflicts between two sets of law on marriage yet (Deepa’s case), what guarantees do we have that they can solve more complex situations as mentioned above? Especially when it comes to crime where hudud punishments and repercussions are more severe and long lasting?

The Federal Constitution was written by our founding father Tunku Abdul Rahman to be supreme. Since our early school days, we were taught to cite the Rukun Tetangga every Monday morning. One of the key Rukun was “Kedaulatan Undang-Undang”, which simply means the “Supremacy of the Constitution”. Tunku Abdul Rahman wanted us to remember that the Constitution is supreme and any attempt to alter its nature and structure must be defended against fervently.

By PAS seeking to introduce hudud, PAS is essentially trying to erode Federal's exclusive power on crime and alter the system that our founding father had put in place which is clearly wrong. This is the one of the reasons why Karpal Singh fought against the implementation of Hudud, not because he was against Islam (and so do I, as I sincerely believe that Islam is a good religion) but that he was against any attempt by anyone to undermine the mechanism that defines and functions this country which is the Federal Constitution. In fact, throughout Karpal’s years of service as a Member of Parliament he had not opposed any other policies or laws which were formulated based on Islamic principles (such as Islamic banking).

Hence, in the good memory of Tunku Abdul Rahman and Karpal Singh, and in protecting the fundamentals and principles that were laid down by them, all Members of Parliament should oppose PAS’s attempt to introduce hudud (not on the basis that they are against Islam) but on the basis that there is a need to preserve Federal jurisdiction and protect the Federal Constitution. PAS should also reconsider its stance in seeking to push through Hudud in Kelantan due to its unconstitutionality and impracticality. Even if the Bill is passed on a simple majority in Parliament allowing Kelantan to adopt hudud, it will still be unconstitutional and can easily be challenged in the Court of law on grounds that it conflicts with the Penal Code.

* Low Teck Kuan reads The Malaysian Insider.

*This is the personal opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insider.