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Tuesday 25 November 2014

Son dies in custody, dad 'threatened with gun'

Children of the Jihad: ISIS Behead Kurdish Children; Train Kazakh Children to Fight


New horrific evidence of ISIS embroiling children in their religious war has emerged. Refugees fleeing the fighting in the battle-stricken border town of Kobane, Syria, have told of how ISIS fighters are beheading children in their bloodthirsty siege; whilst in Kazakhstan, ISIS have released a propaganda video showing children being trained as fighters.

“They were beheading people — we heard that they were even beheading children,” a young woman fleeing the fighting in Kobane told the Sunday Times. “We ran.”

Her words are echoed by Zawa, a new mother who gave birth to her daughter, Shirin, whilst deserting Kobane. The young mother crossed first into nearby Turkey, and then on into Iraq. “There was no choice,” says Zawa. “We had to do it.”

Kobane has been the focal point for heavy fighting since mid September, when ISIS militants laid siege to the Kurdish border town in northern Syria. As shells and heavy artillery pounded the town and over 300 villages in the area, up to 300,000 Kurds fled the region, 45,000 from Kobane alone.

The town is still the scene of heavy fighting between Kurdish Peshmerga forces, backed by coalition airstrikes and the Free Syrian Army, and ISIS jihadists intent on claiming the land for their oppressive Islamic State.

According to the Times, the war in Syria has created over 3 million refugees since 2011, half of whom are children. Save the Children, who operates in the region, are now appealing for more help to provide food and shelter. Justin Forsyth, Save the Children’s chief executive said “Millions of terrified children have lost their parents, brothers, sisters, friends, homes and normality through no fault of their own. Many don’t have any memories left of what a normal childhood, free from war should look like.”

Meanwhile, ISIS has created and released a high production quality propaganda video titled Race Towards Good, showing Kazakh children at an Islamic school being indoctrinated in radical Sharia law and taught military skills. In one scene, a boy demonstrates his ability to strip down and reassemble a machine gun while his classmates look on.

Their teacher narrates in Arabic: “They’ve completed lessons in Qur’an, Tajwid and the Arabic language. They will move on to physical and military training until they get older and pound the thrones of the tawaghit. With Allah's permission, they are the next generation. They are the ones who will shake the earth and spread this precious deen [religion] to all regions of the earth.”

In another, a boy, who identifies himself as Abdullah from Kazakhstan, is quizzed. He is asked what he is doing, to which he replies “Right now I’m training in the camp”; where he is: “In the Islamic Khilafeh”; who his leader is: “Abu Bakr al-Baghdadi”. When asked what his future holds, he smiles and proudly declares “I will be the one who slaughters you, O kuffar. I will be a mujahid, insha'allah.” His interviewer praises his every answer.

The film also shows a toddler dressed in military fatigues totters about carrying a toy machine gun, while behind him an older child leads a group of his classmates in declaring their mission, proclaiming “We're going to kill you, O kuffar. Insha'allah we'll slaughter you.”

Dr Andreas Krieg, Assistant Professor at the Department of Defence Studies in Kings College London told the Mail on Sunday that Kazakhstan is not currently a target area for ISIS, but that they like to teach foreigners to travel to Syria to fight with them Arabic and indoctrinate the young to create the next generation of fighters.

“They [ISIS] are currently concentrating on Iraq, Syria, Libya and Yemen. Although recently Abu Bakr al-Baghdadi recently said he was looking to franchise the organisation in different Muslim countries.

“Teaching the foreign fighters Arabic is very important to them as they want to be able to win hearts and minds of the people in their core target areas. The reason they are training children, is the same reason the like of Hamas have been training children for the past 20 years. It is to indoctrinate them and create the next generation of fighter.

“Kazakhstan is a reasonably stable country. These men, like those in Britain and other western countries are disenfranchised by the society they live in. They are very susceptible to the ISIS narrative.”

Egyptian honour killing: Brother cuts pregnant sister's throat

By Emirates 24/7


Sister was not married

Honour crimes are reportedly on the rise in Egypt. However, a report in the ‘Al Youm Al Sabea’a’ newspaper, details a ghastly honour killing involving a 32-year-old Egyptian identified as Sa’ad M and his younger sister.

Arrested for the murder of his sister, the young man is reported as telling the police that honour is very important for families and there is no tolerance for actions which spoil reputations of families.

The report states that he accompanied his sister, identified as Hana’a, to the wedding of a cousin.

“While she was dancing with the ladies around the bride she fell on the floor,” he is quoted as saying.

Women at the wedding checked her and found that she is pregnant.

“My sister is not married. I was angry and asked for a doctor. The doctor came and confirmed that she is three months pregnant,” he said.

“I couldn’t bear the shock. I took a knife and cut her throat.”

The police arrested him and have referred the case to the public prosecution.

Palanivel claims to know of mastermind behind illegal land clearing – Bernama

Natural Resources and Environment Minister Datuk Seri G.Palanivel claimed today that he knows of the existence of a mastermind behind the illegal land-clearing in Cameron Highlands which led to the flash flood and landslides there.

While admitting the person's existence, coupled with photographic evidence, the Cameron Highlands member of parliament said he "cannot say much" or disclose more about the matter.

"Earlier, maybe about 20 years ago, Cameron Highlands was a preserved area, there was no illegal land clearing. Farming was very good, the farmers did very good farming, they were exporting to Singapore and other countries up to RM2 billion in value. "Now, however, something is happening, I am still unable to control them," he told reporters Cameron Highlands today.

Earlier, he attended the Special Meeting on Flash Floods and Landslides in Cameron Highlands which was chaired by Deputy Prime Minister Tan Sri Muhyiddin Yassin at the Cameron Highlands District and Land Office.

Palanivel said the Vegetable Farmers' Association from the Chinese community had also complained to him about certain parties which were destroying the hills.

"They always complain to me that the hill is being disturbed, the only thing is, 'something is behind something', which I cannot reveal too much. I have a few photographs, but I cannot talk too much about it. They are doing some illegal works, this happened (over) the last 10, five years," he said.

Meanwhile, Palanivel said he would send a letter to the Sultan of Pahang, Sultan Ahmad Shah to request for an audience to clarify the situation in Cameron Highlands.

"I will send him (Sultan of Pahang) a letter to request for an audience. He was not angry with me. I was here last Tuesday, then in Paris on Wednesday, Thursday and Friday. Often, I am here," he added.

On November 20, Sultan Ahmad Shah had said he would meet Prime Minister Datuk Seri Najib Razak to discuss assistance from the federal government to be given to the state government to resolve the issue of illegal immigrants in the Cameron Highlands.

He had also expressed displeasure over news reports that Cameron Highlands had been overtaken by 30,000 illegal Bangladeshi immigrants, adding that it was untrue.

Five people died in the mud flood and landslides in Kampung Raja, Ringlet Town and Lembah Bertam in Cameron Highlands on November 5, and more than 90 from 28 families had to be moved to the evacuation centre in the Community Multi-purpose Hall in Ringlet. – Bernama, November 11, 2014.

- See more at: http://www.themalaysianinsider.com/malaysia/article/palanivel-claims-to-know-of-mastermind-behind-illegal-land-clearing-bernama#sthash.NetSrWp5.dpuf

Anak penceramah kontroversi mangsa pemalsuan slip SPM

Anak Dr Ridhuan Tee Abdullah dipercayai terlibat dalam kes pemalsuan salinan slip peperiksaan SPM. – Gambar fail.Anak penceramah kontroversi Dr Ridhuan Tee Abdullah antara mangsa kes pemalsuan salinan slip peperiksaan SPM selepas mahkamah menjatuhkan hukuman ke atas individu yang memalsukan keputusan tersebut.‎

Tertuduh Mohd Firdaous Shariful Azman, 36, dihadapkan ke mahkamah atas pertuduhan memalsukan slip SPM tiga individu termasuk anak Ridhuan Tee, Mohd Syafi dan dua individu lain, Puteri Sabrina Shazlin Roslan dan Dhuratul Ain Radzali.

Usaha The Malaysian Insider untuk menghubungi Ridhuan untuk mendapatkan maklumbalas tidak berjaya setakat berita ini ditulis.

Bagaimanapun, Mohd Firdaous tidak mengaku bersalah atas pertuduhan yang dibacakan ke atasnya di hadapan Majistret Zuraini Abdul Razak.

Memetik laporan Bernama, Mohd Firdaous didakwa melakukan kesalahan bagi ketiga-tiga individu tersebut dengan niat supaya rekod itu dipercayai dibuat, ditandatangani dan disempurnakan dengan kuasa seseorang bagi memperdaya Institut Terjemahan dan Buku Malaysia (ITBM).

Tertuduh didakwa melakukan kesalahan itu di pejabat ITBM, Seksyen 10, Wangsa Maju di Kuala Lumpur antara 10.34 pagi 4 Jun dan 3.21 petang 13 Jun lepas.

Mohd Firdaous didakwa mengikut Seksyen 466 Kanun Keseksaan yang membawa hukuman penjara maksimum tujuh tahun dan denda, jika sabit kesalahan.

Timbalan Pendakwa Raya Najwa Bistamam menawarkan jaminan RM15,000 bagi semua pertuduhan.

Peguam Adenan Ismail memohon supaya jaminan terhadap anak guamnya dikurangkan atas alasan tertuduh perlu menguruskan syarikatnya dan perlu menanggung anak yang masih kecil.

Zuraini membenarkan tertuduh diikat jamin RM2,500 bagi setiap pertuduhan dengan seorang penjamin dan menetapkan 15 Disember untuk sebutan kes. – 24 November, 2014.

- See more at: http://www.themalaysianinsider.com/bahasa/article/anak-penceramah-kontroversi-terlibat-palsukan-salinan-slip-spm#sthash.PoncyTH3.dpuf

Beyond politics, a Selangor government that cares for the people

Azmin Ali is proving to be a peoples' menteri besar by allocating funds for state seats under the Barisan Nasional opposition in Selangor. - The Malaysian Insider pic by Afif Raiezal, November 24, 2014.It might not seem much, but Selangor Menteri Besar Mohamed Azmin Ali broke new ground today when he proposed a RM200,000 allocation each for people-friendly programmes in opposition-held seats in the country's wealthiest state.

His own Pakatan Rakyat (PR) assemblymen will each get RM700,000 for similar activities under the Program Mesra Rakyat as part of the move to improve local representative services to the people.

"I hope the federal government will get a clear message from Penang and Selangor that we respect the role of opposition members in the assemblies. They should reciprocate and respect the roles of MPs at the federal level," Azmin said after tabling the state's Budget 2015 proposals today.

Aside from Selangor, Penang also provides allocations of RM40,000 to each of its opposition members for small-scale development projects.

It really is not the amount that matters. It is the fact that a government realises that even their political foes represent the people and public funds are for all and not just for those who vote in the government.

For too long, Malaysians have been used to seeing a federal government that only allocates funds for its MPs while others get help through a "federal office".

And public projects using public funds are labelled as a Barisan Nasional (BN) project – considering the fact that it is the only government known to most Malaysians throughout their lives since Merdeka.

What does it say then that in the past two elections, more Malaysians rejected the BN candidate in favour of a PR candidate despite the plethora of BN projects from roads to hospitals to schools and other infrastructure.

What does it say then that it BN appears to punish those who vote in their foes while politicians such as Azmin and Lim Guan Eng have taken the high road and provide some funds for their respective state's opposition BN lawmakers?

New politics? Populism?

Or really, a government that realises the people should not suffer for the choice they have made. That the electorate will evaluate politicians by how sincere they are through the years rather than just during election campaigns.

What Azmin is doing for his Budget 2015 proposals for Selangor – be it a car for the state opposition leader and the proposed allocations for all lawmakers – is a step that must be praised.

The election campaign is over and he has whatever remains of PR's mandate to run the state and provide for the people of Selangor, no matter whether they are PR or BN supporters.

Because, his government is a government of the people, by the people and for the people of Selangor. And all the funds he allocates are public funds, and not his government's money.

Putrajaya can learn something from Azmin and Lim, that it takes more than just slapping a label on a project to remind people which government is doing the job or that they should be grateful for the project.

Fact is, it is the government that should be grateful itis elected to run a state or a country, and not the people.

Kudos to Azmin, for showing that politics is not a zero sum game and that peoples' interests always come first. – November 24, 2014.

- See more at: http://www.themalaysianinsider.com/malaysia/article/beyond-politics-a-selangor-government-that-cares-for-the-people#sthash.5YufXgkU.dpuf

Haul up Malay NGO for seditious PTPTN remark, says UM student leader

niversiti Malaya Students Association (PMUM) president Fahmi Zainol calls the statement by the group of Malay NGOs yesterday on the PTPTN loan repayment as blatantly unfair to non-Bumiputera students. - The Malaysian Insider pic, November 24, 2014.The coalition of Malay rights groups should be charged under the Sedition Act for suggesting only Bumiputeras be exempted from repaying their National Higher Education Fund (PTPTN) loans, says a Universiti Malaya student leader today.

The Universiti Malaya Students Association (PMUM) president Fahmi Zainol said that Putrajaya should wield the Act against the coalition for making the ethno-centric statement that could incite racial tension among the multi-ethnic community in the country.

"How about prosecuting them under the Sedition Act because they are creating tension among the races. How was it that others can be hauled up but they are not?

"Maybe the NGOs are cronies to the ruling coalition... But I feel they should be brought to justice for coming up with such a statement," he told The Malaysian Insider.

It was reported yesterday that the coalition of Malay rights groups, led by Perkasa, urged Putrajaya to consider allowing only excelling Bumiputeras to be exempted from repaying their PTPTN loan.

In their National Unity Memorandum, drafted by a committee headed by Perkasa chief Datuk Ibrahim Ali, the group also wanted Putrajaya to take immediate action over the phenomenon of many non-Bumiputeras being exempted 100% from PTPTN.

PTPTN allows for all its debtors who graduated with first-class honours to be exempt from repaying their loans, regardless of race.

Fahmi said the statement from the Malay NGOs should not have been made in the first place as it was blatantly unfair towards non-Bumiputera students.

He said that if the coalition was serious about abolishing PTPTN, the process should involve all races.

"Who are they to talk about us students? If it was the students who came up with such statement, I can understand. (But) Maybe they are just 'syok sendiri'.

"We are all Malaysians and should treat each other as brothers and sisters. We should give everyone equal treatment. Just because they think the Chinese are not paying, they want the Malays to be exempted? This is not right," he said.

Meanwhile, Selangor state executive councillor for Education, Human Capital Development, Science, Technology and Innovation Nik Nazmi Nik Ahmad questioned the coalition's logic for making such a suggestion.

“It appears these NGOs have an outdated and irrelevant mindset. We should not look at everything in the racial context. Something is not right with what they are saying," he said.

Nik Nazmi said the state has always been clear about education issues and it was to ensure every Malaysian receives free education and abolishing the PTPTN.

"Ours include all the citizens of Malaysia, not just the Bumiputeras," he said.

PAS Education bureau deputy chairman Datuk Dr Mahfodz Mohamed said he disagreed with the Malay rights' group plan to exempt Malays, even the excelling ones, from repaying their study loans.

"A loan is a loan and you have to pay them back no matter what race you are. It is also unfair if you only exempt one race from paying but leave out the rest. It is not good for the country."

Parent Action Group for Education (PAGE) Malaysia chairman Datin Noor Azimah Abdul Rahim said allowing such exemption to go through would only make Malay students become lazy.

“If they don't have to pay back, they will become lazy. It will also weaken the community for being too dependent on the government.

Azimah said like their peers, Malay students should work hard if they want to be exempted from paying back their study loan.

“They should work hard to get good grades. There is no harm in working hard to achieve something. There is no use in pointing fingers at others," she added.

The memorandum was debated among over 300 Malay NGOs at the National Unity Convention in Kuala Lumpur yesterday, before it was approved later in the evening.

The groups said they intend to send the National Unity Memorandum to the government, the Yang DiPertuan Agong and the Council of Rulers. – November 24, 2014.

- See more at: http://www.themalaysianinsider.com/malaysia/article/haul-up-malay-ngo-for-seditious-ptptn-remark-says-um-student-leader#sthash.QvSyeJQy.dpuf

Son dies in custody, dad 'threatened with gun'

 
A 25-year-old unemployed youth has died in police custody, and his father suspects foul play due to the bruises and 'hole-like puncture marks' on the body.

The 67-year-old farmer also claimed that when police questioned him in relation to his son's arrest, they had used a gun and a pair of handcuffs to threaten him.

Earlier, Syed Mohamad Nur Ali said a group of policemen had kicked down the door of his house in Pengerang, Johor, in search of a firearm.

He related the ordeal during a press conference with the family’s lawyer, Gobind Singh Deo at the latter's law firm in Kuala Lumpur.

The DAP lawmaker also showed photographs of the deceased Syed Mohd Azlan’s remains to the media.

"I don't mind (his) death, but it's how my son died that grieves me," said Syed Mohamad Nur, who was unable to control his tears.

"My son was not sick, it would have been fine if he passed quickly, (but) the morning (before the arrest) he was having breakfast with me and his brothers," he added, flanked by his wife.

Syed Mohamad Nur said his son, the youngest of five, had left their home at 9pm on Nov 3, saying that he wanted to buy some clothes.

Then at around 5am on Nov 4, policemen arrived at their home, and kicked open the door when Syed Mohamad Nur did not open it.

He claimed that no warrant was shown, and some 10 to 20 policemen searched his house looking for a firearm.

Syed Mohamad Nur has a registered shotgun, which he uses to protect his farm. Police, however, did not seize the shotgun, or any other items before leaving the premise.

'They tried to frighten me'

The father was later called to give a statement at the Sungai Rengit police station at 6am.

However, he was not allowed to meet his son, whom he believed was placed in an adjacent meeting room.

"They slapped (tepuk) me on the chest and on the back, then they slammed a pistol in front of me, slammed handcuffs, to frighten me into confessing.

"But all I had was a registered firearm. So I didn't confess, there was nothing to confess to," he said, adding that he was released around 6.45am.

What transpired next is unclear, but Syed Mohd Azlan was brought to the Kota Tinggi Hospital, where he was pronounced dead at 7.30am.

The cause of death, according to the death certificate, was blunt force trauma.

Syed Mohamad Nur, however, was not informed of his son's passing until about 1pm.

His son's remains were then transferred to the Sultan Ismail Hospital in Johor Bahru for post-mortem, and was buried the following night.

Meanwhile, Gobind demanded that Inspector-General of Police Khalid Abu Bakar provide an explanation regarding the case.

Failing which, the Puchong MP said he would ask Attorney-General Abdul Gani Patail to set-up an inquest.

"Besides that, the family will also consider filing a civil suit against those responsible for the death.

"The law is clear, if someone is hit, that is a criminal offence. The same law applies to the police," he added.

Also at the press conference was DAP’s Kulai MP Teo Nie Ching, who said the holes appeared to be the size of a 10 sen coin.

MCA: School segregation like 50s US racism

 
MCA has decried a report of racial segregation at a primary school in Setapak as reminiscent of the discriminatory treatment of African-Americans in the 50s.

Responding to a Malay Mail Online (MMO) article today, MCA senator Chong Sin Woon said if the report is true, the said school's instructions must be "chastised and immediately rescinded".

"The situation must be rectified by the school authorities and the Education Ministry, including a warning letter issued to the school official who mandated such a prejudiced directive," said Chong (left), who is also MCA Youth chief.

He likened the scenario to the  “separate but equal doctrine" in 50s America, in which Africa-Americans were placed in separate and substandard classes.

"MCA Youth shudders at the thought that similar discriminatory practices, although unintended by the school authorities, may befall the non-Muslims pupils placed in the second grade.

"Similar to the non-white pupils, we do not want non-Muslim pupils to grow up insecure, with a lack of confidence at their own religion," said Chong.

MMO today reported Deputy Education Minister P Kamalanathan (right) saying that the said segregation is not allowed and should never have happened.

The daily reported a parent's complaint that her 10-year-old son is to be placed in a separate class next year despite obtaining top grades.

The school was reported as saying the move was due to  a shortage of teachers teaching moral studies and Mandarin.

The school’s senior assistant had stressed that the move was to better manage the timetable for Muslim and non-Muslim pupils.

“Once implemented, it will be easier to manage the students for the different subjects,” the senior assistant said, quotes MMO.

However, Chong said the school can easily arrange a separate class for Mandarin and moral studies anytime as practised in other national schools throughout the country, even if such classes are to be held after school hours.

Incident proof vernacular schools not the culprits

Chong opines that students will neglect their studies if they are not taught from young to be merit-oriented as some may think that they will automatically enter the top class while top scholars know they will always be relegated to an inferior-ranked class.

The MCA education consultative committee deputy chairperson also said the particular incident showed how intolerant upbringing occurs at national schools.

“For all too long, detractors have unfairly and without basis, sullied vernacular schools as a hindrance towards national unity.

“(However), the incident indicates that condemnations against vernacular schools are groundless because such intolerant upbringing occurs at national schools,” he said.

Stressing that it is the responsibility of the school authorities and educators to inculcate national unity among pupils from a young age, Chong argued that this is because children are innocent and do not know racism and religious bigotry.

“These traits are never in-born but nurtured over time by bigoted adults,” he said.

He also reiterated MCA Youth’s call for a review of the History textbook syllabus.

“This is so that accurate facts and terminology are taught, to portray and construct national unity, rather than racial stereotypes,” he said.

'Medical report withheld due to media blitz'

 
Parents of G Tinasha, who passed away on Friday, have a filed a second police report against Assunta Hospital after failing to obtain their 14-year-old daughter's medical report.

"We filed a second report around midnight at the Petaling Jaya police headquarters.

"We are also going to appoint a lawyer to help us," Tinasha's uncle I Ramesh told Malaysiakini.

He claimed that the private hospital's management told the family that the medical report cannot be released to them because they went to the media.

Ramesh (left) said previously the hospital promised the family that the medical report would be ready by last Friday.

"We are already a victim, they are making it even worse by not giving us the closure we need from the medical and post-mortem reports," he added.

As for the report on the post-mortem, which was conducted at the Universiti Malaya Medical Centre (UUMC), Ramesh said the family was told that it would be ready in the next few days.

Hospital CEO: Follow proper channels

Meanwhile, Assunta Hospital chief executive officer Peter TL Leong said the family needed to go through the proper channels to obtain the medical report.

"We have told the family that we cannot just give the report to them.

"They have to go through formal channels and do a formal write up through the Personal Data Protection Act (PDPA)," he said.

Leong told Malaysiakini that the post-mortem report would be forwarded to the Ministry of Health first.

"We are still awaiting for the post-mortem findings. After that, we will be guided by the ministry," he said.

However, Leong refused to comment when asked if the hospital had earlier promised the family to give them the report on Friday.

Last week, Tinisha's parents had accused the hospital of negligence resulting in their daughter's death.

However, Leong had dismissed this, saying the medical staff followed procedure and accused the parents of not wanting to agree to an amicable solution.



KAMLES KUMAR is a trainee reporter with Malaysiakini.

Don't give foes 'racist' bullets, Umno told

 
Reiterating his call for moderation, Umno secretary-general Tengku Adnan Tengku Mansor said Umno delegates should not load the opposition's guns with 'racist' bullets.

He warned that space should not be given to Umno’s political rivals to condemn its annual assembly  as a platform to stoke racism.

The federal territories minister said Umno has always understood the concept of power sharing in BN and appreciated Malaysia as a unique nation comprising various races, religions and cultures.

"The Umno AGM is not the place to vent your feelings or hurt our friends of other races and faiths because we have the concept of understanding to ensure that Malaysia remains peaceful and harmonious," he told Umno Online.

Therefore, Tengku Adnan called on delegates not to provide fodder to outsiders, especially the opposition, to tarnish Umno and ruin its ties with other BN parties.

“For certain, the opposition will be seeking for space (to criticise) via the debates or seek an opportunity to condemn Umno.

“However, I am confident that delegates will be wise and the people will not lap up the allegations by the opposition,” he said.

Tengku Adnan reminded that Umno cannot be the catalyst for problems that will sour the party’s relationship with the people, as hoped by the opposition.

“The Umno assembly is not only witnessed and evaluated by its members or Malays alone but all Malaysians because they know Umno is the backbone of BN.

“Despite this, Umno has never behaved in a dominant manner because the practice in BN is for all parties to have a role, where there is consensus and decisions are made through consultations between all 13 component parties,” he said.

The Umno assembly will commence tomorrow until Saturday with delegates from 191 divisions nationwide attending.

Previously, Tengku Adnan had cautioned Umno delegates to steer clear of racial and religious issues.

Emulate Gandhi, Ridhuan Tee tells Umno

 
Controversial academic Ridhuan Tee has roped in Confucius and Mahatma Gandhi in his message to Umno ahead of its annual general assembly, which starts tomorrow.

In his latest column published in Sinar Harian, he quoted the words of Confucius that in order to be a leader, one must take care of his wife and children well because people are watching.

And in order to ensure that all is well at home, he said one must have a noble and exemplary character as well as a clean heart.

“My question is - are there Umno people with such qualities? Do they really prioritise the people and can serve as role models?” he asked.

Ridhuan (right) also questioned if those in Umno are genuine in wanting to uphold their religion, race and nation.

Travelling to India, Ridhuan said: “Umno, emulate the leaders of the past, who were willing to sacrifice. Mahatma Gandhi was one of India’s greatest leaders, who often journeyed in a train’s third-class compartment.”

“When asked, why as a great leader, he did not travel in first class, Gandhi replied: ‘I chose third class, because there is no fourth class’,” he added.

According to Gandhi, Ridhuan said, a sinful leader is one who is without principles, seeking to be rich but lazy to work, and eventually indulging in corruption.

'Good or bad must be experienced together'

“Are there still leaders like Gandhi now?

“I don’t mean that we have to be paupers or dress in tattered clothes. What is meant is that leaders must be with the people and understand their hearts. Good or bad must be experienced together,” he added.

He warned that Umno is running out of time and therefore must rise before it is too late. The academic provided several points to be followed, which are:

1) To possess Islamic values and to ensure that one can serve as a role model. Leaders must  remember that they have been entrusted with a position and there is judgment here and in the hereafter.

2) Do not be apple polishers for it invites catastrophe. Reprimand leaders openly if they make mistakes. Reprimand his or her family, if need be. Reprimand even if it is the king, for they too are just humans.

3) Battle corruption and reject leaders who are corrupt. Do not back stab.

4) Do not invite the wrath of Allah with sins and vices.

Finally, Ridhuan said Umno must remember the words of its late founding father Onn Jaafar, who once remarked that the fate of Malays can only be sustained through unity.

During the second Umno general assembly in 1950, Ridhuan said Onn withdrew from the top post and did not wished to be nominated.

“It is obvious that power was not everything to him. But now, (people) will be willing to die in power to live in luxury. Awaken Umno, before it is too late,” he added.

Cancel all dealings with Chinese firm, gov’t urged

 
The government has been urged to cancel all dealings with Chinese-owned firm CAA Resources within the country after the company’s executive director admitted in a New York Times article to corrupt business practices in Malaysia.

DAP’s Petaling Jaya Utara MP Tony Pua said in a press conference at the Parliament lobby today that the federal, Pahang and Terengganu state governments must cancel all approvals given to the company and also its subsidiaries for “bringing disrepute” to Malaysia.

CAA’s Yi Liang, in the interview, had confessed to buying Datuk titles for politicians in return for favours.

“The respective government must demonstrate their resolve that Malaysia do not tolerate any form of corruption, what more from a company which blatantly flaunts and publicises its corrupt activities in the media,” he said.

He also said that the government must demonstrate that the country is not an “available for sale banana republic”.

He said that the admission by the company director was “sufficient justification” to terminate any approvals and mining permits for the company.

“CAA Resources commenced its mining operations in December 2010 at the 1,359 sq km Bukit Ibam Iron Ore Mine in Pahang. In 2013, the company purchased the rights to prospect and mine in Terengganu as well,” he said.

Rather than an embarrassment, Pua said that the admission was a “direct admission” of corrupt activities in Malaysia, and urged authorities to prove that it did not welcome “corrupt businessmen” into the country.

People’s Petition on Sedition Act fails in Parliament

Speaker cites two reasons to reject the motion to read the Petition.

FMT

KUALA LUMPUR: Parliament did not allow a People’s Petition to repeal the Sedition Act, submitted by Shah Alam MP Khalid Samad on behalf of Gerakan Hapus Akta Hasutan (GHAH).

The letter had 3005 signatures.

Speaker Pandikar Amin Mulia cited two reasons to reject the motion to read the petition.

Firstly, incomplete information for some of the signatures in the petition.

Secondly, a petition can only be submitted by the people to Parliament to highlight an issue that has been “overlooked by the government”. “It doesn’t apply here since the Sedition Act has been explained and answered by the government,” said Pandikar.

Khalid said at a press conference that “even if there are 1,000 invalid signatures out of the 3,005, 2,000 over Malaysian citizens should still carry enough weight for the petition to, at the very least, be given attention in Parliament”.

Subang MP R. Sivarasa said Pandikar was “biased” and “unfair” for rejecting the appeal on reasons “so technical”.

“The Shah Alam MP is not raising the issue to gain publicity. The Speaker was unfair and biased to say so, it’s not right and he should take it back.”

Penang Chief Minister Lim Guan Eng expressed the hope that Prime Minister Najib Razak would “keep his promise, made at least three times in the past, to repeal the Sedition Act”.

“I hope it was not all talk and no action,” said Lim who is also DAP Secretary General.

“Pakatan Rakyat keeps bringing this up not for personal fame or for the party but for our future and our children, so they are not silenced.”

GHAH gathered petitioners at Padang Merbok in Kuala Lumpur at 10 am and marched to Parliament, demanding their right to enter the House as petitioners and to have the People’s Petition raised and debated in Parliament.

M’sia at the mercy of those spreading lies via the Internet

Zahid Hamidi says Malaysians must observe law, rules and regulations that prevent them from making provocative and racist statements.

FMT

KUALA LUMPUR: Malaysia is now under threat by those who use the Internet to spew lies, slander and hate, Home Minister Ahmad Zahid Hamidi said.

Unlike other countries, he said Malaysia was not a single-race country, and being a multi-racial and multi-religious nation, the government had to monitor Internet activities and put a check to such unpleasant deeds.

Speaking at the Umno International Forum 2014 titled “Hyperconnectivity and the Social Media: Empowering Citizens to Build or Divide a Nation” here on Monday, Ahmad Zahid said the government had to be strict in stamping out any elements deemed to be disastrous to nation building.

He said each and every Malaysian must observe the law, rules and regulations that prevent them from making any provocative and racist statements as the consequences would be unbearable for everyone to take.

“We have learnt from the 1969 racial riots, and we have also learnt from several incidents involving communal and religious extremists. All these have summoned us to enact stringent laws to control the house from collapsing,” he said.

The minister said in enforcing the laws, the government did not and would not be biased or in simple words, the government would not compromise anything when it came to national security and stability.

Ahmad Zahid, who was one of the speakers at the forum, also stressed how the social networking sites had developed and shifted largely into news feeds and channels of information sharing.

He said a debate had been brewing about freedom of speech or freedom of expression in the context of social media and in open forums.

“I believe all of us, whether in Malaysia or abroad, have been following the developments that have and are taking place in the country.

“All these are the results of speedier Internet interconnectivity and an open access to various news sources,” he said.

He said the news comes in all forms, whether good or bad, pleasant or ugly, as well as the truth or fabricated lies to undermine the government, the country and the people.

The forum, which was held in conjunction with the Umno General Assembly 2014, was officiated by Prime Minister Najib Razak on Monday.

The two-day forum hosted some 127 foreign delegates from 34 political parties from 22 countries and diplomatic corps from almost 70 countries.

- BERNAMA

Dayaks will be Dayaks, nothing else!

They have put Putrajaya and the Sarawak Government on notice that they will henceforth be known in official forms as Dayak, not Bumiputera Sarawak, or even worse “lain-lain” (others) in their own country.

FMT

KUCHING: Fifty one years after their homeland, Sarawak, entered into a Federation with Sabah and the peninsula, the Dayaks in Sarawak once-feared for their head-hunting ways want to call a spade a spade.

They have put Putrajaya and the Sarawak Government on notice that they will henceforth be known in official forms as Dayak, not Bumiputera Sarawak, or even worse “lain-lain” (others) in their own country.

They know what they are and want officialdom to take note of that and not pin labels they detest on them.

The Dayak in Sarawak, Orang Asal i.e. indigenous or Native, are puzzled by the term Bumiputera Sarawak and see it as nothing less than reducing them to less than full citizenship, sort of 2nd class citizens or subjects.

“I strongly oppose the term ‘Bumiputera Sarawak’ as I have strongly opposed the words ‘lain-lain’ as the Dayaks will remain as ‘2nd class’ Bumiputera under any other term,” agreed lawyer and Ba’Kelalan Assemblyman Baru Bian.

He was commenting on a Barisan Nasional Youth Resolution on Saturday in Kuching for the immediate removal of the offensive term “lain-lain” in official forms and replaced with “Bumiputera Sarawak” and “Bumiputera Sabah” to classify the Dayak and KadazanDusunMurut respectively.

Baru, among the Dayak leaders who spoke up on a longstanding issue, said there was no reason why the Dayak should not be classified according to their ethnicity.

“Why do we have to use Bumiputera Sarawak? asked Baru who is also Pakatan Rakyat Sarawak chairman. “Does the Bumiputera term include the Malays in the peninsula? If yes, then the problem of 2nd class Bumiputera arises.”

The Sarawak Dayak Graduates Association (SDGA), likewise, said that “lain-lain” should be dropped from official forms.

“The policy to categorize the Dayaks as ‘lain-lain’ is one of the government’s policies that have become a stumbling block to Dayak progress,” read a media update from the association. “The word ‘Dayak’ should replace ‘lain-lain’.”

NCR activist Nicholas Bawin recalled that a National Unity Committee discussed the “lain-lain” issue some years ago but nothing came out of the meeting.

“I told the forum how we could not achieve unity when Dayaks and KadazanDusunMuruts are termed ‘lain-lain’,” said Nicholas who is also Lubok Antu PKR division chairperson. “Lain-lain is not in the law.”

Mengga Mikui, the Dayak National Congress (DNC) President, said that “Bumiputera Sarawak” and “lain-lain” are equally offensive terms, the former being too vague while the latter meant nothing.

The term “Dayak” covers Natives in Sabah, Sarawak and Kalimantan, he added, in echoing the stand taken by the Pan-Borneo Dayak Forum headed by Bingkor Assemblyman Jeffrey Kitingan.

“The term Dayak can be qualified, for example, as Dayak Dusun, Dayak Kadazan, and Dayak Murut in Sabah,” he stressed.

“In Sarawak, it can be Dayak Iban, Dayak Bidayuh, Dayak Melanau and Dayak Orang Ulu.”

He did not say where this leaves the Sarawak Malays, classified in this manner by the Brooke Dynasty of White Rajahs in taking a leaf from the British in the peninsula. The British codified the term Malay to cover the Muslims from Sulawesi, Java and Sumatra whom they found in the peninsula speaking in Malay to communicate with each other.

The Sarawak Malays are mainly Bidayuh and Iban living along the coast who became Muslims.

The term Bumiputera is not law either.

It was first Malaysian Prime Minister Tunku Abdul Rahman who coined the term Bumiputera as an umbrella political term to bring the Orang Asal in Sabah and Sarawak, the Orang Asli in the peninsula and the Malays under one classification.

Silent no more, please

Thomas Fann - Malay Mail Online

NOVEMBER 22 — Since PM Najib attributed Umno-BN poor performance at GE13 to a Chinese tsunami and Utusan followed up with “Apa lagi Cina mau?,” all hell was let loose and the racists and extremists came out of their closets.

From ministers to ex-judges, ex-civil servants, politicians, etc. — they came out unashamedly declaring their true agenda.

But I still believe in Malaysia and that the vast majority of Malaysian of all races are decent, peace-loving and not racists at heart. We are the silent majority. However, the silent majority is irrelevant when the only voices heard are those of the vocal extremists and racists. It seems that they are the ones who are setting the agenda for public discourse these days.

I want to quote from part of an article I read a while back.
I used to know a man whose family were German aristocracy prior to World War II. They owned a number of large industries and estates. I asked him how many German people were true Nazis, and the answer he gave has stuck with me and guided my attitude toward fanaticism ever since.

“Very few people were true Nazis,” he said, “but many enjoyed the return of German pride, and many more were too busy to care. I was one of those who just thought the Nazis were a bunch of fools. So, the majority just sat back and let it all happen. Then, before we knew it, they owned us, and we had lost control, and the end of the world had come. My family lost everything. I ended up in a concentration camp and the Allies destroyed my factories.”
Very few people were true Nazis but they enjoyed the return of German pride. Many people may not agree with the extreme views of the likes of Perkasa, Isma or even IS but perhaps in their hearts they enjoy the restoration of pride that these groups offered. Therefore, they maintain their neutral silence. Or perhaps, too many are just too busy with daily survival and chores to bother.

Most Russians were peace-loving when the Communists came and took over the country. Yet 20 million died at the hands of Stalin. Most Chinese were peace-loving when Mao brought about his revolutions and yet 70 million died under his rule. Most Cambodians just wanted peace but yet the minority Khmer Rouge murdered 2 millions of their own countrymen. History is littered with evidence of the irrelevancy of the silent majority.

In Malaysia, are we also doomed to be dominated by the extreme minority that seeks to divide us, sowing hatred and threatening our future? When will these hateful rhetoric become fleshed out to physical violence, riot and civil war even?

I refuse to be a passive observer of history and thereby become one of its flotsam, becoming a victim of circumstances contrived by evil men bent on destruction and domination of others. We cannot afford to remain as the silent majority, we have to speak up and act on behalf of the majority.

How do we overcome evil and hate? Do we overcome it with more evil and hate? With argument and reasoning? With legislation and intimidation?

I would suggest that to do all that or any of the above would be akin to pouring fuel to fire. What fuels such extremists are not just ideology, theology or even political motives but hate. Out of the abundance of the heart, the mouth speaks. To be able to spew hate for another human being is an emotional matter, from the heart. To fight hate with hate is to further inflame the situation. Just as Mahatma Gandhi said, “An eye for an eye, makes the world go blind.”

I am aware that it is human nature to respond in like manner. When we are shown kindness, we reciprocate with kindness. When we are hated, we hate back. In my view, the real danger of racist rants is not the content of such rants but how we respond to them.

Many Malaysians are hurt by labels hurled at them like pendatangs (migrants), penceroboh (intruders), perompak (robbers) and pemalas (lazy). They can’t get their hands on the issuer of these labels who spoke from the safety of press conferences, forums, parliament, social media, etc., so they take it out on their innocent neighbours who had the misfortune of sharing the same race as the issuer, thus the cycle of hate is perpetuated.

We become what I would call reflective racists, no less vile than the source of these racist rants.

No, we must overcome hate with love and kindness. It may sound soft and even weak but it is not. It is not easy to love someone who hates you or in the case of racism, self-appointed spokespersons of a particular race and the race itself. It takes determination not to allow ourselves to respond in hate no matter what but instead respond either directly or indirectly with love and kindness.

To reclaim our nation (Negara-ku), if we are the silent majority of Malaysians who are decent and peace-loving, and refuse to be represented by these racist elements in our society and to be swept aside from any discourse on our future, we must not be silent and passive anymore.

These are a few suggestions I have.

Acknowledge the problem

To claim that the extremists and racists are a small minority and has little following would be a grave error. The fact that they are bold enough to speak up and allowed to do so with impunity is not just because the authority did nothing.

After years of race-based policies and indoctrination, the ground is fertile for these racists. Into this fertile ground they are sowing seeds of insecurities, hatred and fears. It would just be a matter of time before we all reap the fruits of it.

Seek to understand why

In normal circumstances, nobody wants to live in hatred. There must be reasons why people felt they needed to hate another race. What are they saying? Is there some truth to it? If there is, how can we make amends or if not, how we can allay those concerns?

Taking for example the phenomenon of the Islamic State (IS). Tens of thousands of foreigners have joined up with them for this jihad and committing atrocities beyond human decency. When it was revealed that Malaysians were among those who joined up, I was dumb-founded. Why? It’s easy to condemn them but I want to understand why? Perhaps in understanding we can begin to do something about the circumstances that led them to be willing to die in a foreign land. Likewise, we need to understand why people would want to hate other races.

Build bridges, not walls

Walls are divider of communities and an invisible walls have been built through years of policies based not on our citizenship but on the country of origin of our forefathers. Education policies and falling standards probably has a big part to play as well in polarizing the communities. In the face of worsening race-relation, we must look for every opportunities to build bridges of friendship, understanding, respect and acceptance.

Instead of waiting for some grand programme/campaign or change in government policies, can we just be good neighbours? Make conscious efforts to connect with someone of another race or religion. Seek to understand their values and faith and respect their practices or non-practices. Knowing the language of another is a great bridge-builder and it is incumbent on us to be able to speak another language other than our own in Malaysia.

Speak up

We have to let the rest of the silent majority know that they are the majority and not the minority. We have to strongly reject those who claim to speak on behalf of our race especially when in the name of our race or even God, they threaten and demean others. Who appointed them to be our spokesmen?

Ordinary citizens can speak up as we go about our lives. Reject racist jokes or terms like devil, pig, or snake attached to certain races. Even if it is common among people to talk that way, it is vulgar and is disrespectful.

If we are leaders in certain field, be it politics, business, academia, legal, civil society or civil service, we bear a greater burden to let our voices be heard through our speeches or writings.

The media has a huge part to play as well to give voice to such counter-racism views. Sensational hate remarks often make good headlines but in my view, it is a disservice to the nation on the part of media organisations to give racists disproportionately more space than voices of moderation.

Can we prove the statement that the silent majority is irrelevant wrong? Can we resolve this day to be relevant in our speech and action so as to reclaim back our nation for our children? Do we want our children to grow up hating another person just because of the colour of their skin? That is no way to live.

* The above were the text of a speech given at the Negara-Ku Roadshow on “Kembalikan Negara Ku: A Forum on Peace, Harmony and Unity” by one of the panel speakers, Thomas Fann. Thomas is the Chairman of ENGAGE, a non-governmental organisation dedicated to encouraging and empowering citizens to get engage with nation-building.

Case for judicial review

The Star
Legally Speaking by Roger Tan


Is judicial review the correct procedure to challenge the validity of a statute?

IN the last two weeks, two interesting cases relating to homosexual and cross-dressing men were dealt with by the appeals courts in Singapore and Malaysia. However, the manner in which the two courts interpreted the equipollent provisions of our respective Constitution, described as consanguineous with one another as well as that of the United States and India, differed sharply.

In the Singapore case of Lim Meng Suang vs Attorney General, 2014, the highest court in Singapore, the Court of Appeal, ruled in a 101-page judgment on Oct 29 that section 377A of the Penal Code, which criminalises physical intimacy and sex between men, was not unconstitutional.

The appeals were brought by gay couple Lim Meng Suang and Kenneth Chee Mun-Leon who have been in a romantic and sexual relationship for the past 15 years, and Tan Eng Hong who had been arrested for engaging in oral sex with another man in a public toilet cubicle in 2010.

In a nutshell, the appellants had questioned the constitutionality of section 377A on the following grounds:

> that it infringed Article 9 of the Singapore Constitution (SC) that “no person shall be deprived of his life or personal liberty save in accordance with law”;

> that it infringed Article 12 SC in that “all persons are equal before the law and entitled to the equal protection of the law”; and

> that section 377A was a colonial legislation incorporated into the Singapore Penal Code in 1938 when she was a British colony and prior to the promulgation of SC.

Senior Counsel Deborah Barker (daughter of Singapore’s first post-Independence Minister of Law, EW Barker) argued for the gay couple that the right to life and personal liberty under Article 9 should also include a limited right of privacy and personal autonomy allowing a person to enjoy and express affection and love towards another human being.

Delivering the judgment of the court, Justice Andrew Phang Boon Leong ruled that the phrase “life or personal liberty” in Article 9 when read in entirety refers only to a person’s freedom from an unlawful deprivation of life and unlawful detention or incarceration. Period.

He went on to caution that foreign cases (with particular references to those decided by the Indian Supreme Court) that have conferred an expansive constitutional right to life and liberty should be approached with circumspection because they were decided in the context of their unique social, political and legal circumstances.

As regards Article 12 SC, the court applied the Malaysian case of Malaysian Bar v Government of Malaysia, 1987 in that to determine the constitutionality of a statute under Article 12 SC, the test is one of reasonable or permissible classification. It is a two-stage test which is applied only if the impugned statute is discriminatory in nature.

In other words, any law that treats people differently can still be held as constitutional if it passes this test.

Firstly, the discriminatory statute falls within a classification founded on an intelligible differentia, that is, it is capable of distinguishing persons that are grouped together from others outside the group.

Secondly, the differentia has a rational relation to the objective of the impugned statute. In the view of the apex court, section 377A has satisfied this test because it is easily discernible that it is against men who perform acts of gross decency with other men and the objective is to preserve societal morality.

As respects section 377A being a colonial legislation, the court held that section 377A constitutes part of the corpus of Singapore law as Article 162 SC provides for the continuation of pre-independence laws after the coming into force of SC.

Further, the court held that Article 12(2) SC did not expressly provide that a Singaporean could not be discriminated on the grounds of sex, gender or sexual orientation unlike Article 8(2) of the Malaysian Constitution, which expressly includes the word “gender” or section 9(2) of chapter 2 of the Constitution of South Africa, which expressly prohibits discrimination on the grounds of “race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.”

The court also dismissed the argument that a person’s sexual orientation was biologically determined and hence he ought not to have been discriminated by section 377A. Justice Phang said: “In particular, Mr Ravi (counsel for Tan) submitted that there was overwhelming evidence supporting the proposition that a person’s sexual orientation was biologically determined. This is primarily a scientific and extra-legal argument which, again, is outside the purview of the court.

We agree with the Judge that the scientific evidence on this particular issue is – contrary to what Mr Ravi submitted – unclear inasmuch as there is no definitive evidence pointing clearly to one side of the divide or the other. In any event, as just mentioned, the court is not in a position to arrive at a conclusive determination on this issue. Again, this argument should – if at all – be addressed by the legislature instead.”

All in all, the apex court is saying, regardless of whether Singapore judges are described as timorous souls or bold spirits, the court cannot assume legislative functions to become a mini-legislature, and that there is nothing the court could do to assist the appellants whose remedy should lie in the legislative sphere.

Now to the Nov 7 decision of our Court of Appeal in Muhamad Juzaili Bin Mohd Khamis & Ors v Negri Sembilan State Government, 2014. In this case, the court struck down section 66 of the Syariah Criminal Enactment (Negeri Sembilan), 1992 which criminalises Muslim men for cross-dressing as unconstitutional and therefore void for being inconsistent with the supreme law, namely Articles 5 (right to life and liberty and equivalent to Article 9 SC), 8 (equality before the law and equivalent to Article 12 SC), 9(2) (freedom of movement) and 10(1)(a) (freedom of expression) of the Federal Constitution.

First, I do not think this case involves a conflict of syariah and civil laws albeit it deals only with Muslim men who suffer from gender identity disorder (GID). It is also a non-issue that under the Constitution, only the Federal Court is seised with constitutional jurisdiction to determine the competency of both the federal and state legislatures to enact laws and their validity.

Hence, the issue is very much whether the Court of Appeal’s decision is tantamount to trespassing into the legislative sphere.

At first glance, critics will argue that the Singapore case is an example of judicial restraint at its worst by deferring to the legislature, and the Malaysian case, judicial activism at its best which may, however, also be criticised as bordering judicial populism or judicial excessivism!

It is said that the Court of Appeal was merely applying extant interpretation adopted by our superior courts when dealing with fundamental liberties provisions of the Constitution.

Most significantly, the court followed earlier judicial decisions which adopted Indian constitutional jurisprudence that the right to life and liberty under Article 5 should include right to live with dignity and right to livelihood and quality of life.

The court also held that there was a breach of Article 8(2) on gender discrimination because the impugned section 66 dealt only with Muslim men cross-dressing while Muslim women who cross-dress are not prohibited.

This has far-reaching implications because civil laws against male homosexuality and oral sex under the Penal Code can also be challenged on a similar basis even if they have passed the reasonable classification test. For example, section 377A of our Penal Code criminalises acts of performing fellatio but not cunninglingus!

That said, devoid of any disrespect to GID sufferers, as a lawyer and I believe for many colleagues of mine, law students and academics, it would be interesting to see how our Federal Court deals with the following issues, if advanced, upon appeal:

> Is judicial review the correct procedure to challenge the validity of a statute for being unconstitutional when there is already a procedure for this as set out in Article 4(4) (read together with Article 128(1)) of the Constitution, that is, it can only be determined by the Federal Court after leave from a Federal Court judge has first been obtained? That was exactly how the validity of section 53(1) of the Syariah Criminal Enactment (Negeri Sembilan), 1992 was referred to the Federal Court in Fathul Bari bin Mat Jahya & Anor v Majlis Agama Islam Negeri Sembilan & Ors, 2012 after the first petitioner was charged and the second petitioner also charged for aiding and abetting the former in conducting a religious talk to non-family members outside his residence without a tauliah (licence) from the Tauliah Committee.

> Should Malaysian courts now be more wary in further adopting the Indian constitutional jurisprudence after taking into account our mores and local circumstances?

> Will our apex court follow the above decision of the Singapore Court of Appeal in that this is a matter best left to the legislature to come to grips with?

> What is the definition of “gender” in Article 8(2) of the Constitution? Is it immutably only a male or female or a third gender has been created to include, for example, a transgender because it is a natural and intractable attribute and disposition just like how the Muslim nation of Bangladesh has decided to recognise them as a third gender called Hijras?

The writer, a senior lawyer, appreciates that this topic evokes strong passion and emotion but this article is strictly and solely written from a legal angle. The views expressed are entirely the writer’s own.

Internet Should Not Be A Medium For Stoking Racial Tension - Najib

KUALA LUMPUR, Nov 24 (Bernama) -- Prime Minister Datuk Seri Najib Tun Razak, Monday reminded that the internet should not become a medium for stoking racial and religious tension in a plural society like in Malaysia.

Expressing his disappointment, he said at times, the internet has been used here (in Malaysia) to spread half-truths and even outright lies.

"For example, during the last general election, a host of unsubstantiated allegations were propagated online. It was said that the government was orchestrating blackouts at polling stations to change the ballot boxes and flying in 40,000 people across the nation to vote.

"These claims were all proven to be baseless lies, but not before they had been swallowed hook, line and sinker by many, and are doing real damage to our repututation," he said.

Najib said this while delivering his keynote address at the UMNO International Forum themed A Hyperconnected World: Challenges In Nation Building, held in conjunction with the 2014 UMNO General Assembly at the Putra World Trade Centre in Kuala Lumpur.

As such internet stories can go viral and take on a life on their own, prime minister reminded that people should be responsible and think about the content they share in the heat of the moment.

"The public needs to be discerning and understand that allegations on the internet should not be accepted as the absolute truth. The claims need to be questioned and evidence must be assessed.

"Education could play a role but it is very difficult. There is no perfect solution to this," he said.

Furthermore, he added that legitimate criticism should be encouraged, and that it was a part of healthy democratic debate although the content may at times cross the line, intrude personal privacy, break domestic laws or invoke physical harm.

On encouraging civil and responsible online debate, Najib raised a big question on how to ensure and go about it, hoping that some sub topics in the forum would discuss and provide possible ideas for the government to consider implementing.

--BERNAMA

Media Statement By Centre For A Better Tomorrow (CENBET) Co-President, Gan Ping Sieu On The Ban On Non-Muslims Using Words Related to Islam

Cenbet

It is time the respective state authorities throughout the country review the ban on non-Muslims using words related to Islam. This comes as the Kedah government recently amended the state’s law to increase the number of words non-Muslims are prohibited from using from 24 to 55. While this latest amendment has resulted in a flurry of debate online, many state governments also have a similar list of words non-Muslims can’t use.

A blanket ban on the use of such words is counter-productive in a plural society like ours. The ban should only be restricted to curb attempts at proselytizing among Muslims or for other ill intents such as a non-Muslim calling himself a haji or referring to his place of worship as masjid. CENBET respects Article 11(4) of the Federal Constitution and the respective states’ laws which bans attempts to propagate other religions to Muslims.

But a catch-all ban not only makes a mockery of our national and Arabic languages, it also serves to build more barriers among the different ethnic communities in this country at a time when we need to enhance national unity. A blanket ban will further create impediments for non-Muslims to have learning access and a better understanding of Islam.

No groups should have monopoly over words in any language, especially the Malay, long regarded as a language for national unity. How else could non-Muslims converse in Malay without using common words like syariah, masjid, surau, ulama, Quran, Haji, and solat? What about non-Muslims whose state anthem contain the word Allah? In any case, it is doubtful if such laws can be enforced against non-Muslims.

With these in mind, the respective state authorities should immediately review the blanket ban on the use of such words. In fact, some Muslim scholars do not see any problems with non-Muslims using Assalamualaikum (another banned word). Allowing non-Muslims to use the greeting and other “banned” words for communication and reference purposes would instead enhance the sense of camaraderie among all races in the country

Education Ministry: Religious segregation in primary school ‘unacceptable’

The Malay Mail Online

KUALA LUMPUR, Nov 24 — The Education Ministry has deemed a move by a primary school in Setapak to split Muslim and non-Muslim pupils into different classes as “unjustifiable and unacceptable”.

Deputy Education Minister P. Kamalanathan said: “This is not allowed. This should never happen.”

The school’s senior assistant said they planned to enforce the move next year to all classes and standards as they suffered a shortage of teachers teaching Moral studies and Mandarin.

Kamalanathan and the school were responding to Malay Mail following a complaint by a 38-year-old mother that her son, aged 10, will be placed in the second class next year despite obtaining top grades. The first class is dedicated to Muslim students to facilitate the teaching of Islamic studies and Arabic language.

“We will investigate the claims made by the mother.”

Kamalanathan also warned school administrators not to disregard the ministry’s guidelines and urged parents to highlight such matters to the Parent-Teacher Association (PTA).

“If the problem is not solved at the district education department’s level, then the case will be presented to the state education department. I assure you most problems would be solved there,” he said.

The Hulu Selangor MP, however, admitted there was a shortage of teachers, especially when a teacher teaching an optional subject retires.

“It is a challenge finding a replacement when a teacher that specialises in Mandarin or Tamil language retires. Some of the teachers, who want to teach optional subjects like Mandarin and Tamil language, fail the tests set by the ministry and are forced to resit the exams,” he said.

“These teachers may be good in other subjects but we cannot compromise the quality of education and they should get good results when sitting for the optional papers in order for them to qualify teaching those subjects.”

The mother had alerted Malay Mail last week over the move. She was shocked to learn of her child’s predicament.

“My son scored good grades. But I was told the first class will be reserved for Muslim students while the second class is for non-Muslims who will be taking Moral studies and Mandarin,” she said.

“I want my child to interact with his friends from different races.”

The school’s senior assistant stressed the move was to better manage the timetable for Muslim and non-Muslim pupils.

“Once implemented, it will be easier to manage the students for the different subjects,” the senior assistant said.

Such a practice would also be adopted by other classes and standards, the senior assistant said.

The school stressed both the first and second classes were considered the “top class”.

“Parents should not worry about the streaming process. Although non-Muslim students are placed in the other class, they are still our top students… just like those in the first class,” it said.

Malay Mail had also highlighted last week the predicament of non-Muslim students in a primary school in Kepong who were told to attend Jawi classes due to lack of teachers.

The ministry advised the school that the non-Muslim students should not be forced to attend Jawi lessons unless a collective decision was made by the PTA.