Custodial deaths: NGOs demand answers

Suaram and Aliran are demanding police take proactive steps to stop the occurrence of further custodial deaths and to charge guilty officers.

FMT

GEORGE TOWN: Two civil rights groups here want the Penang CPO Senior Deputy Commissioner Abdul Rahim Hanafi to take proactive steps to stop the incidence of police custodial deaths, of which Penang had the highest in 2014.

Suaram and Aliran have claimed that of the 14 deaths in custody that took place across the country last year, nine occurred in Penang.

The NGOs said eight were deaths that occurred directly or indirectly in police lockups, while one occurred in Penang Prison.

In a joint statement, the NGOs said, “Each death is a travesty and tragedy for the persons concerned and their families.

“We have been highlighting the all too regular occurrence of custodial deaths for many years but little seems to have changed.

Yesterday Penang recorded its first custodial death of the year when a 63-year-old African under remand for a drug hearing died at the Penang Hospital due to heart complications.

The statement also said his was the second reported in the country this year, with the first being the death of a 31-year-old Indian man at the Ayer Molek police lockup in Johor.

“The police should be protecting the public; no one should be dying in police stations especially not in contentious circumstances, the statement read, adding, “Enough is enough. It is time to put a stop to this.”

Suaram and Aliran now want the Penang CPO to outline clearly the steps being taken to ensure no further custodial deaths in Penang and to investigate why last year’s deaths occurred.

The organisations also called on the CPO to provide full accounting to the families of the victims and to the public, concerning the circumstances surrounding the victims’ deaths and the steps taken to bring justice to the victims by charging the culprits.

“The Penang CPO should file charges against the police officers who are found to have transgressed their duties and were involved in causing the deaths of those under their protection.

“The CPO must do it immediately without fear or favour as a matter of urgent public interest,” said the NGOs.

Suaram queries Malaysia’s role in US ‘torture’ flights

SUARAM wants Putrajaya to establish an independent commission to probe the involvement of Malaysian authorities.

FMT

KUALA LUMPUR: Suara Rakyat Malaysia (SUARAM) has denounced a 500-page executive summary released by the US Senate on December 9, some 13 years after the 9/11 attack on the United States by the terrorist group al-Qaeda.

It has demanded the full report which totals more than 6700 pages, and remains classified, and steps taken by Washington to bring Malaysians and others involved to justice.

SUARAM also wants Putrajaya to establish immediately an independent commission to probe the involvement of Malaysian authorities in the rendition, detention and torture of alleged detainees in collaboration with the CIA in the global war on terror.

“Malaysia was named in having assisted the CIA in at least two cases in an earlier report titled ‘Globalizing Torture: CIA Secret Detention and Extraordinary Rendition’ by the Open Society Justice Initiative, February 2013,” said SUARAM

Executive Director Yap Swee Seng in a statement. “The names of U.S. allies had been omitted from the executive summary.”

“The details of the extent of ‘contribution’ by the Malaysian government remains unknown to the public.”

The Washington administration, added SUARAM, must fulfill its international and national obligations and prosecute those who are responsible for the abuse of power, especially in the use of torture, cruel, inhumane and degrading treatment and punishment on the detainees.

“It is apparent from the executive summary that the CIA’s program is akin to criminal actions and severely violates the international law and human rights law on prevention of torture and arbitrary detention.”

In the fight against terrorism, continued SUARAM, it is a shame that the leaders have turned to state terrorism in addressing the problem.

“Despite the skill and purported numerous successes of military, intelligence and law enforcement agencies, tragic and terrorist events continue to grow, in particularly the rise of the Islamic State of Iraq and Syria (ISIS),” noted SUARAM.

The executive summary, by the Senate Select Committee on Intelligence of the United States, is on the full report on the assessment of the Detention and Interrogation Program and various torturous practices (which the U.S. called “enhanced interrogation techniques”) employed by the CIA on detainees between 2002 to 2007.

The report, supported with documents and photos, detailed numerous examples of inhumane interrogation practices by the CIA viz. water-boarding, rectal rehydration, detainees were slapped, slammed against walls, sleep deprived for up to seven days, some were stuffed into coffin-sized boxes amidst death threats.

At least 26 of the total detainees held by the CIA were subsequently found to have been improperly detained.

SUARAM wants persecution of Zunar to cease

Police action against political cartoonist Zunar goes against the recent stand taken by the Court of Appeal on his work.

FMT

KUALA LUMPUR: Suara Rakyat Malaysia (SUARAM), an NGO, has called on the Home Ministry and the police to cease all harassment and investigation of political cartoonist Zunar, or Zulkifli Anwar Ulhaque, and his staff.

The NGO also wants the authorities to stop intimidating printers, publishers, vendors and bookstore owners partnering with the political cartoonist.

The NGO further called on the Home Ministry and police to return all books confiscated from Zunar and lift the ban on his works.

SUARAM pointed out that the police action against Zunar goes against the recent stand taken by the Court of Appeal on his work.

“The Court of Appeal took an unanimous stand and lifted a ban imposed by the Home Minister on two of Zunar’s cartoon books, Perak Darul Kartun and 1 Funny Malaysia, on grounds that they were not a threat to national security or prejudicial to public order,” said SUARAM Executive Director Yap Swee Seng in a statement.

Justice Mohamad Ariff, in his judgment, stated that the law should not be abused by the executive and that public odium cannot be so conveniently equated with public order, added Yap.

In 2011, Zunar was conferred, Courage in Editorial Cartooning Award, by Cartoonist Rights Network International, a cartoonists’ rights NGO based in Washington, USA.

In Oct 2014, one of Zunar’s books, Pirate of the Carry-BN, was accepted by the Library of Congress in Washington, USA.

Scorpene case will be a long drawn out affair

The indictment of the former French President and Najib becoming PM were cited as reasons for the delay.

PETALING JAYA: Suaram is asking the public to be patient over the Scorpene scandal as the French
Courts’ investigation is expected to be a long drawn out affair.

Cynthia Gabriel of Suaram explained that among the reasons for the delay was Najib’s rise to the post of prime minister of Malaysia. She said this development complicated things for the French investigation as he could no longer be subpoenaed due to the diplomatic immunity accorded to him.

She also cited the recent indictment of former French President Nicolas Sarkozy as another reason because one of the two judges in the Scorpene case was moved to Sarkozy’s corruption investigation.

Gabriel said, “Some people have decided there is no case. But there is a strong case here and it is still in progress. We are entering into the third year of the case.

“After 2012, the case was elevated to a higher court in the French judiciary system, ‘Tribunal de grande instance’ parallel to the High Court of Malaysia.”

Gabriel added, “The case was elevated to the higher courts with two new independent judges appointed, who also act as investigators as the case was getting more complicated.”

According to Gabriel, Suaram’s initial complaint of RM146 million as a service charge to Perimekar Sdn Bhd raised further questions and revealed a complex web of illicit transactions involving Malaysian companies set up in Hong Kong.

Among the companies were Terasasi (Hong Kong) Ltd, owned by Abdul Razak Baginda, a political analyst and confidant of Prime Minister Najib Razak.

Terasasi is alleged to have sold secret documents belonging to the Royal Malaysian Navy to French ship builders Thales Group.

Terasasi is also alleged to have received payments for the transaction from Luxembourg, Malta and Belgium, according to documents released by French prosecutors.

Gabriel recalled warning the press back in March 2012 that the probe on Scorpene was going to be a long drawn out affair, but felt it was important to remind the public that the “journey to reveal the truth” that started in 2010 is still very much on course.

Suaram first filed the complaint in the French judiciary in February 2010, enquiring about the formation of Perimekar after shipbuilding giant DCNS signed the deal with the Malaysian Defence Ministry, then headed by Najib.

Gabriel said, “A similar Pakistani case which involved the same French companies, took about 12 years to conclude.

“It’s going to be about the same time frame for us.

“It’s going to be a crazy wait.”

Defaming Khalid, defending human rights

Kua Kia Soong

If you have never occupied a position of responsibility, you would probably never run the risk of being defamed. The leader of Pakatan Rakyat knows what it is like to be defamed as an alleged sodomist and he has taken at least one defamation suit against those who have defamed him through the press. I have been defamed as the former Principal of New Era College when the directors of the college alleged that some monies were missing when in fact, they were not and I have initiated defamation suits over the liars who defamed me to achieve their private agenda.

Now, the fledgling Menteri Besar of Selangor, Khalid Ibrahim has likewise initiated a defamation suit against those who have alleged in the press that he was involved in various cases of impropriety. He has engaged the legal services of well-known human rights lawyer Edmund Bon to be his advocate in this case. Edmund Bon in turn has been denounced by some human rights activists for taking up Khalid’s case as his defending lawyer.

The key issue here, for all human rights defenders, is that of determining the appropriate balance between the right to freedom of expression and the need to protect one’s reputation. Individuals have the right to protect their reputations against “injury” by suing persons or media deemed to have: lowered the esteem in which the individual is held within the community or which have exposed that individual to public ridicule or hatred. They should know better since SUARAM with a few other NGOs recently sued the New Straits Times for defaming us as “foreign agents” and the case would have gone to court if the NST had not published their “mother of all editorial apologies”.

As a legal advocate, Edmund Bon is legally obliged to accept the brief if approached to do so by Khalid. In this case, both Khalid and his accusers too have human rights. It is up to the courts to decide whether there is substance in Khalid’s complaint and simultaneously, whether there is substance in the allegations against him. We would expect Edmund Bon to perform to his professional best in presenting his client’s case – questioning the motives of lawyers in representing their clients have nothing whatsoever to do with human rights.

Justice in the Justice Party

As an aggrieved party member who feels he has been unjustly sacked by his party, Khalid is also entitled to appeal against PKR for wrongful dismissal with the Registrar of Society (ROS) in the same way other party or society members have done before him. In the past, this has included parties within the Pakatan Rakyat. If those who uphold human rights have a position that we should have nothing whatsoever to do with the ROS, then why are PR parties registered with the ROS? Should we then boycott ALL institutions in the Malaysian Civil Service including the police and the courts?

Defamation laws protect people from untrue, damaging statements. They provide important recourse for people whose careers, reputations, finances and/or health have been damaged by such harmful statements.

Monitor the issues, never mind the politics

As informed “progressive” advocates & representatives of civil society, one might expect our “fair-minded” attention would stay focused on the principles involved in the Menteri Besar fracas, without fear or favour. By taking such a neutral position of fairness, we would then logically demand that the “dossier on Khalid’s improprieties” be opened for our examination to see if these allegations have any credibility or not.

In contrast, it is astonishing to observe that while the alleged improprieties are considered serious enough to insist that Khalid vacates the MB seat, they do not render him ineligible for the post of Selangor State Economic adviser, as proposed by other PKR leaders, such as Tian Chua, if he agreed to step down.

Why were these alleged improprieties not considered serious enough for anybody in PKR to make a police report or MACC report? And what exactly are Khalid’s transgressions? Maybe some of our NGOs are privy to some intelligence which is not available to others. But if innuendoes, insinuations and unsupported allegations can count for reasons to suspend a leader, then all leaders of all organisations – NGOs included – had better watch their backs from now on.

Anwar, Karpal convictions are attacks on parliament – Suaram and Global Bersih

The Malaysian Insider

The message from law advocates the world over is clear - the prosecutions of Anwar Ibrahim and Karpal Singh under archaic and rarely used laws are legally unwarranted and the convictions a travesty of justice.

It is the view of Suaram and Global Bersih that these statements depict selective persecutions that seek to mask assaults on democracy, Malaysia's system of parliamentary representation and opposition MPs.

Statements criticising or questioning the convictions have been made by the US State Department, United Nations, Malaysian Bar, Law Society of England and Wales, Haldane Society, Australian Bar, the International Commission of Jurists, the International Federation of Human Rights, Lawyers for Liberty, Commonwealth Lawyers Association, LAWASIA, Law Society of NZ, Lawyers Rights Watch of Canada, retired Malaysian Court of Appeal and High Court judge NH Chan and Human Rights Watch.

Suaram and Global Bersih jointly call on Prime Minister Najib Razak, Home Affairs Minister Zahid Hamidi, Attorney-General Abdul Gani Patail and elected members of the Dewan Rakyat to urgently move to repeal the outdated legislations that led to their convictions and allow the duly elected members of Parliament to return to their electoral duties.

Suaram and Global Bersih hope that Karpal's 24 March appeal against his fine will eventually see truth and justice prevail to allow the MP for Bukit Gelugor to resume representing his constituents in parliament.

We hope that justice for Karpal will also pave the way for Anwar to fulfill his parliamentary duties.

In Karpal's case, the 166,000-strong Law Society of England and Wales has already written to Prime Minister Najib Razak to point out it is not seditious to "show any ruler has been misled or mistaken in any of his measures" under Malaysia's Sedition Act.

Suaram and Global Bersih believe Anwar's conviction for sodomy is just as shocking for the speed at which the three judges overturned the previous acquittal, found for a guilty verdict and handed down sentence - all in 90 minutes.

It behoves Suaram and Global Bersih to point out that while an "alternative PM" has been summarily and efficiently stripped of his ability to lead Parliament and country, the murder of Mongolian woman Altantuya Shaariibuu, a case that allegedly implicates a serving prime minister, Najib, remains unresolved after several years.

These convictions must be seen worldwide as going beyond mere attacks on Anwar Ibrahim and Karpal Singh as individuals.

These are attacks on the respective offices of the leader of the opposition and the leader of the biggest component party in the opposition alliance.

Suaram and Global Bersih therefore see these convictions as blatant attacks on fundamental principles of democracy that underlie the parliamentary process.

Suaram and Global Bersih can only look upon the two convictions as early steps in the first Operation Lalang of the millennium, and we harbour no doubt that opposition figures, human rights defenders and student and youth leaders such as Tian Chua, Suhaimi Shafie, Tamrin Ghafar Baba, Hishamuddin Rais, Haris Ibrahim, Adam Adli, Muhamad Safwan, who also face similar convictions for sedition, will suffer the same fate.

Suaram and Global Bersih will work as an alliance on behalf of democracy-loving Malaysians, and collaborate to bring further attention to these cases.

We pre-emptively reject any statement that our joint action will undermine Malaysia's aspirations as a developing nation, or that Suaram or Global Bersih are unpatriotic, or traitorous.

Suaram and Global Bersih are, in fact, exposing Malaysian politicians and groups that seem intent on dragging the country into an abyss where all pretence at rule of law, democracy and equality will be abandoned.

We are grateful for the public stance of the US State Department and the United Nations, who have joined esteemed and impartial law associations and rights advocacy groups to question the convictions and their motivation.

We note the comment of the US State Department on Anwar's conviction:

"The decision to prosecute Mr Anwar, and his trial, have raised a number of concerns regarding the rule of law and the independence of the court."

The International Commission of Jurists (ICJ) has held that the judicial processes appeared directed at sidelining Anwar from politics. "The timing of the case obviously and the speed with which they moved through the conviction and sentencing and not hearing the mitigation case at all...All this suggests very strongly that there is a political motive to this."

LAWASIA said it could not freely accept that the prime motivator in the prosecutions was the pursuit of justice.

The law association added that the circumstances of the cases appear to show that outmoded provisions in the legal system may be used to hinder the democratic processes to which the Malaysian people have a right.

"This decision certainly casts doubts on the independence and impartiality of the Malaysian judiciary and tarnishes the reputation of the country’s legal system."

The International Federation of Human Rights said, “the conviction of Anwar Ibrahim is the latest chapter of the ruling coalition’s political vendatta against him, which has been going on for more than 15 years” and Karpal Singh has been persecuted under the Sedition Act for merely expressing a legal opinion that a decision of monarch can be scrutinized in a judicial process in accordance to the rule of law.

From the Australian Bar statement:

"This further undermines the rule of law in Malaysia."

Human Rights Watch:

"This really is...trying to knock out the opposition using the courts and weaken them further so that they cannot cause problems."

" The politically motivated prosecutions of Karpal Singh and Anwar Ibrahim appear to be nothing more than cudgels wielded by the government to make up for losses at the polling booth."

Speaking on Voice of America, HRW deputy director Phil Robertson said the verdicts appear to undermine judicial independence. Mr Robertson said: "You've taken down the head of the opposition in Anwar and you've taken down the president of the Democratic Action Party which is the second largest party in the opposition."

The Malaysian Bar:

"Karpal’s conviction under the 'archaic and draconian' Sedition Act 1948 has raised the spectre of selective government prosecution."

Lawyers Rights Watch Canada:

"By seeking to impose criminal punishment and professional restrictions on Mr Singh for peacefully exercising his right as a citizen and his duty as a lawyer and a parliamentarian, Malaysia is contravening the international law obligations it has assumed as a member of the United Nations, of the Commonwealth and of Asean."

The former Malaysian Court of Appeal and High Court judge, NH Chan, also questioned the basis of the Anwar judgement in a blistering blog-attack on the three judges who ruled against the opposition leader. He said "citizens...are stunned by the ignorance of our judges".

Below are links to various statements that have criticised Karpal's and Anwar's convictions, as well as reports on the statements.

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The US State Department

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The International Commission of Jurists

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The Malaysian Bar

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Human Rights Watch

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Lawyers for Liberty

 

International Federation of Human Rights

Commonwealth Lawyers Association

LAWASIA

Australian Bar

Law Society of NZ

Lawyers Rights Watch of Canada (LRWC).

United Nations

Retired Malaysian Court of Appeal and High Court judge NH Chan

Anwar, the charismatic leader of the opposition coalition, was convicted for sodomy on 7 March, and Karpal's conviction followed four days later, on 11 March.

Karpal, 73 and wheelchair-bound, was National Chairman of Malaysia's largest opposition party, the Democratic Action Party (DAP),a multi-racial lynchpin in Anwar Ibrahim's tri-partite coalition, Pakatan Rakyat (PR). He resigned his position on 29 March 2014 as a result of his conviction. – April 3, 2014.

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

Suaram questions gov't claim on preventive detention

Six people are still being detained without trial at the Kamunting camp in Perak, although the Internal Security Act was abolished last year, said human rights NGO Suaram.

"(Yet, the government’s) Universal Periodical Review Report (in August, to the UN Human Rights Council had) claimed that the practice of preventive detention (has) effectively ended,” Suaram executive director Nalini Elumalai (right) said today.

“In practice, preventive detention continues ..."

The six detainees are said to be linked to Islamist group Darul Islam. They comprise Malaysians Muhammad Adnan Umar, Adzmi Pindatun, Mohd Nazri Dollah and Bakar Baba; and foreigners Muadz Hakim (Philippines) and Darto Bandu (Indonesia).

Suaram cited Human Right Commission sources as saying that they may be freed when their two-year detention order expires on Jan 6 next year.

However, Suaram said there is no guarantee that the government will not pursue action against them under other laws that provide for preventive detention.

These include the Security Offences (Special Measures) Act (Sosma) which was passed in June  last year; the amended Prevention of Crime Act passed in October this year; and the Dangerous Drugs (Special Preventive Measures) Act 1985.

Nalini noted that Sosma had been used in February this year against Yazid Sufaat (left), Halimah Hussein and Hilmi Hafim. They were arrested on Feb 8 for alleged links to terrorists in Syria, but were released on May 20.

"I think the most challenging part for civil society ... is the problem of accountability by the police," Nalini said at a press conference to launch the 2013 Suaram overview and report on the status of human rights in Malaysia.

The report outlined three key challenges related to the police:

1.  Many regulations with regard to the standard operating procedure (SOP) of the police have been placed under the Official Secrets Act.

2. The internal disciplinary system to deal with police misconduct lacks transparency and impartiality; there is also lack of clarity as to how complaints are investigated and acted upon.

3. Criminal offences tantamount to human rights violations are not addressed in a transparent and systematic manner to hold the authorities accountable.

Gov’t gets ‘F’ for human rights

Based on detention without trial and human rights violations by the police, Suaram has given the government an ‘F’ for its human rights record this year.

Its joint monitoring efforts with the Abolish ISA Movement showed that there were 23 ISA detainees at the Kamunting detention camp last year - of whom 17 were freed earlier this year.

Suaram recorded 12 cases of death in police custody (up to June), while it cited a Home Ministry parliamentary reply that the police had shot dead 124 people from 2009 up to August.

Also highlighted were irregularities during the 13th general election, including the inability of Suhakam to monitor the polls process on May 5.

This was because, similar to 2010, there was 39-day gap between the end of tenure and appointment of new commissioners, with the period falling between nomination and  election day.

"For the first 22 of the 39 days without commissioners, a total of 79 cases were lodged. The commission could not act on these, as the enabling law clearly stipulates that only commssioners can decide if an inquiry is necessary," Suaram said.

Suaram's chairperson K Arumugam said that it is becoming more difficult to point out the government's faults because of its growing intolerance especially after GE13.

Resorting to the analogy of a football match to illustrate his point, he said: “Despite our monitoring, we are not in a position to show a red card and say 'Get out of the field!'

“Actually, we get the red card and are told ‘Please get out of the system... you are too much for us, we can't handle you’."

Apart from releasing its report , Suaram singled out three activist groups for mention in "saying no to corporations and businesses which are taking away their rights". 

They are the action groups working against the Kaiduan Dam in Sabah; the Pengerang petrochemicals project in Johor; and the Taman Permata Dengkil Residents Committee who were relocated to unsafe low-cost flats in Dengkil 14 years ago to make way for the construction of Putrajaya.

Act amendment acknowledgement of cops’ incompetency

Suaram director claimed that preventive detention has been abused over the years and calls to the police to own up to their inefficacy.

KUALA LUMPUR: The proposed amendments to the Prevention of Crime Act, which include allowing detention without trial was an admittance of police incompetence, according to local human rights organisation Suaram.

“It is blatant acknowledgement of police incompetency. No countries use preventive detention without trial to resolve crime,” said Suaram director Kua Kia Soong during a question and answer session after the launch of Suaram’s 2012 Human Rights Report 2012: Civil and Political Rights at the Kuala Lumpur Selangor Chinese Assembly Hall this morning.

He was responding to a question on the proposed amendments to the Prevention of Crime Act, which Home Minister Ahmad Zahid Hamidi tabled in Parliament, yesterday.

Ahmad Zahid announced that provisions allowing detention without trial was included in the proposed amendment to stump the rising crime rate in the country while dismissing allegations that it was draconian.

Despite that, Kua maintained his stand and called for the police to own up to their incompetency given the escalating crime rate and corruption involving their top officials.

“The police should be looking at prevention of crime and not preventive detention without trial. It is an absolute disgrace” he added.

Kua also briefed the audience on how preventive detention laws first came about – it was introduced to stump the communist insurgents. However, the authorities abused the law by using it to detain Labour Party activists in the 1960s, politicians, unionists and religious activists during Ops Lalang in the 1980s and soon, the alleged criminals.

Bar Council’s human rights co-chairman and Bersih steering committee member Andrew Khoo, meanwhile, said the Minister in Prime Minister’s Department Nancy Shukri had told the Bar Council on Sept 18 that “the public need not worry about preventive detention laws, and that the move was due to the government’s concern of the rising crime rate.”

“Attorney-General Abdul Gani Patail has on Aug 24 said at a forum on crime prevention that the nation does not need a preventive detention legislation as the police are competent.

“He cited the notorious Botak Chin case in the 1980s where the criminal was caught, prosecuted and executed without the use of preventive detention laws,” Khoo said.

Meanwhile, in response to a question on plans to form an internal investigative body to probe police misconduct, Suaram coordinator R Thevarajan dismissed it as an eye wash.

“It is an internal investigative body similar to Bukit Aman’s disciplinary board. There would be no transparency even though its members would comprise those who are not from the police force,” he said.

During the report presentation earlier, Suaram’s executive director E Nalini informed that the government persistently harassed Suaram, with six government agencies hurling at them unfounded allegations such as being a front for foreign agents and money laundering activities.

Two of the six agencies included Companies Commission of Malaysia, and Registrar of Societies.

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

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

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

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

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

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

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

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

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

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

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

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

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

Allow special rapporteur in

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

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

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

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

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

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

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

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

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

ROS stops investigations into Suaram

The Star
By SHAILA KOSHY

KUALA LUMPUR: The Registrar of Societies (ROS) has stopped all investigations into Suaram. The Attorney-General will also not be taking any action against Suaram in relation to the ROS investigations.

Suaram lead counsel Edmund Bon told High Court judge Justice Zaleha Yusof this in chambers Thursday at the outset of their application for leave for a judicial review against the ROS notice dated Oct 5, ordering Suaram lawyer Roger Chan to produce privileged documents under Section 51(1) of the Criminal Procedure Code.

Bon said Suaram, which is registered as a company - Suara Inisiatif Sdn Bhd - received letters from the ROS and A-G on Wednesday saying that all investigations had stopped and the case was closed.

Senior federal counsel Shamsul Bolhassan confirmed the A-G would not be taking any further action.

Bon asked for an adjournment to March 11, saying there were more than 10 orders/notices/summonses that were issued to various individuals who were either related or not related to Suaram.

He said they wanted the A-G's Chambers to have the ROS issue a letter stating that they would withdraw or cancel all the orders/notices/summonses.

He said that if they did not get the letter, they would proceed with their application for leave in court.

Justice Zaleha ordered the respondents, who include the ROS, Home Minister and Inspector-General of Police, to issue the letter and fixed March 11 for case management.

Hindraf Blueprint Needs Amendment

SUARAM has also been approached to endorse Hindraf’s blueprint. Now, while the blueprint has some good policy proposals, there are contradictions with its own professed “multi-ethnic paradigm” and human rights assertions. Consequently, Hindraf has neglected certain fundamental demands that we would have expected the movement to stress especially in the coming general election.

Dr Kua Kia Soong, SUARAM Adviser

I have all along been supportive of the Hindraf movement because I believe that Malaysian Indians are a marginalized minority and are victims of state racism, often resulting in their forming the majority in statistics on deaths in police custody and police shootings. The marginalized Indians in this country are a specially oppressed section of the working class - it is an oppression that has taken on a racist character through the years.

SUARAM has also been approached to endorse Hindraf’s blueprint. Now, while the blueprint has some good policy proposals, there are contradictions with its own professed “multi-ethnic paradigm” and human rights assertions. Consequently, Hindraf has neglected certain fundamental demands that we would have expected the movement to stress especially in the coming general election.

Racism or more specifically, “Bumiputeraism” has been the dominant ideology of the UMNO ruling class ever since May 13, 1969. It has been practiced under the guise of the “New Economic Policy” and that racism has been covertly disseminated through state institutions such as the Biro TataNegara and other “bumiputeras only” institutions all these years.

Thus, it is in the common interest of all communities at this 13th general election to call for an end to this institutional racism and Pakatan Rakyat must commit to this before they get our vote. In this day and age, affirmative action is not justifiable for any ethnic community which has undergone class differentiation. Thus, neither the Malay, Chinese, Indian, Kadazanmurut nor Iban communities can justify any affirmative action for their own community. The best non-racist approach to progress is still affirmative action based on class or sector. Thus, if the affirmative action is for the plantation poor, clearly the beneficiaries will be Malaysian Indians, and so on.



Eradicate Institutional Racism

Despite their efforts in recent years highlighting the entrenchment of racial discrimination in the Constitution, I am surprised that the Hindraf Blueprint does not call for the abolition of the “New Economic Policy”. Any corrective action in all economic and education policies must be based on need or sector or class and not on race with priority given to indigenous people, marginalised and poor communities. Since their blueprint extols human rights, Hindraf should put forward their demands for all minorities and not just the Indian community. Thus we find a gaping “disconnect” between Hindraf’s noble challenge to racial discrimination entrenched in the Constitution and their “Indians Only” proposals in the blueprint.

And to be consistent in their human rights stand, Hindraf should also call for:

· the repeal of Amendment (8A) of Article 153 that was passed during the state of emergency in 1971 and was not in the original 1957 federal constitution;

· institutionalizing means testing for any access to scholarships or other entitlements;

· implementing merit-based recruitment in civil & armed services;

· enacting an Equality Act to promote equality and non-discrimination irrespective of race, creed, religion, gender or disability with provision for an Equality & Human Rights Commission;

· institutionalising equality and human rights education at all decision-making levels, including state and non-state actors/ institutions;

· ratifying the Convention on the Eradication of Racial Discrimination (CERD).



Ministry of Minorities’ Affairs

Such a ministry is a good idea in a government that is committed to equality, justice and human rights. This point is not clear in Hindraf’s blueprint. At the moment, the Hindraf leadership is even contemplating talking with BN leaders while voicing impatience with PR. Do they believe UMNO will commit to such reforms before the 13GE? If they can allow an “Orang Asli Department” and “Ministry of Women’s Affairs”, why should another cosmetic “Ministry of Minorities’ Affairs” be a problem for them? And when they do, would Hindraf be prepared to accept a BN government?

The crucial question is: Which is the priority for Hindraf? Do they prioritise the demands for reforms or the demand for a ministry post? If it is the latter, then it is out and out opportunism of the elites in the movement which should be condemned by all progressive Malaysians.



Does Hindraf Believe in Consultation?

A critical principle in human rights and democracy is respect for others. The rights of minorities in any society mean just that – all minorities have rights and no minority group has more rights than others. That being the case, why does the Hindraf blueprint insist that the post of Minister of Minorities’ Affairs HAS to be filled by Hindraf? Surely, all the minorities in the country have to get together and decide who should be nominated for such a post? This is called consultation.


Hindraf must also work alongside other campaigns for justice, democracy and human rights. Besides “eradicating institutional racism”, Malaysian civil society has at least nineteen other demands in the 13GE for the political parties to commit to. The point is, we can only mobilize all the people if we fight on all fronts, against all oppressions and against the divisions within the masses. As the Black Panthers said in the sixties: “We do not fight racism with racism…We fight racism with solidarity”.

Four to defy ROS summons in Suaram probe

ROS is reckless, says Suaram

‘It has no business harassing non-members of the organisation.”

KUALA LUMPUR: Suaram today denounced the Registrar of Societies (ROS) for harassing non-Suaram members in its probe into the affairs of the civil rights organisation.

Suaram executive director E Nalini told a press conference that her organisation was giving its full cooperation in the investigation and there was no reason for ROS to summon those individuals for interrogation. She said ROS was being “reckless”.

“ROS should first reply to our letter dated Oct 29, asking them under what jurisdiction they are investigating us when we are registered under the Companies Act 1965,” she said. “They have yet to respond.”

In recent days, ROS has issued notices under Section 111 of the Criminal Procedure Code to eight prominent activists who are not affiliated to Suaram.

The eight are Bar Council president Lim Chee Wee, Parti Sosialis Malaysia secretary-general S Arutchelvan, Empower executive director Maria Chin Abdullah, PKR vice-president Tian Chua, DAP publicity chief Tony Pua, Selangor executive councillor Elizabeth Wong and lawyers Syahredzan Johan and Roger Chan.

ROS is investigating Suaram on issues related to its funding. This followed an accusation by Domestic Trade, Cooperatives and Consumerism Minister Ismail Sabri Yaakob that the organisation’s activities were “highly suspicious”.

Lawyer Edmund Bon, whose clients are Maria, Tian and Arutchelvan, said he would be sending a legal notice to ROS this week.

He said enforcement agencies could not send notices under Section 111 unless they had proof that the recipients were affiliated to the entity being probed.

“My clients are not affiliated to Suaram in anyway,” Bon said. “If they don’t respond to our notice, we will consider taking legal action.”

He accused ROS of going on a “fishing expedition” and attempting to find fault with Suaram in any way it could.

“It seems like the Attorney-General’s Chambers has sent back the investigation papers to the authorities for further action despite having no case against Suaram,” he said.

His clients would not respond to the ROS notice, he added.

FMT learned that Syahredzan and Lim too would not present themselves for interrogation.

Maria said ROS’ harassment of individuals showing support for Suaram was against the principle of freedom of association.

“It looks like even if you sit beside Nalini, you will be called for questioning,” she said. “This is the message they are sending.”

In cleaning out Bersih and Suaram, Putrajaya soils itself — Jaleel Hameed

NOV 7 — It is a government that has ruled since Merdeka, but it sure looks like the Alliance and its offspring Barisan Nasional (BN) has to learn some lessons early.

Take Bersih for example, kind sirs in Putrajaya.

What did the government achieve by demonising Bersih every step of the way, from its financing to its office-bearers to declaring it illegal and yet offering to work with the electorai reforms movement?

The answer is nothing, sir.

In fact, the organisation is stronger than ever and its co-chair, Datuk Ambiga Sreenevasan is world renowned as seen by her award from the White House, the French government and now a spot on the global television station, CNN.

And all Bersih are asking for are fair and clean elections in Malaysia, sir. It is an inherent right in any modern democracy. Are we saying Malaysia isn't modern or a democracy, sir?

All the actions against Bersih, sir, says a lot about government that it prefers to demonise its own citizens than guarantee clean polls.

How hard is it to guarantee free and fair elections? Any harder than helping other countries back to their own two feet, working for peace in Mindanao or Lebanon?

Pray tell, sir.

And now the same mistake is being repeated with the human rights group Suaram. Instead of cooperating and finding out if there were kickbacks in the Scorpene submarine deal, the government machinery is going around trying to demonise Suaram.

Why haven't the Putrajaya strategists learnt their lessons? Or are they so dogmatic in their mindset and believe that Malaysia is still in the 1960s or God forbid, sir, the 1980s when Tun Dr Mahathir Mohamad ruled supreme and whispers were only printed in telefaxes?

But it is too late for that now because the barn door is wide open and the horse has bolted. You can go after Suaram all you want but it is not going to stop the French probe into the Scorpene deal.

It is also not going to prevent Malaysians from debating; talking and debating over whether some people have became very rich as a result of the deal.

So the Registrar of Societies can do all it wants to intimidate the Bar Council president, or Petaling Jaya Utara MP Tony Pua and other Malaysians who have called Suaram a non-governmental organisation (NGO), nothing is going to stop the discussion on the submarine deal.

Not even the action of some hastily put together Umno groups masquerading as NGOs and pro-government bloggers will undo what has been done.

The story is out there, and just like Bersih, Suaram will have their day and tell all, sir. So stop smearing them because you are just soiling yourself further, sir.

Sir, if you really can adapt to the 21st century, best get out of the way of those who can and will help create a transparent Malaysia. Because that is the way to go for us Malaysians, sir.

* Jaleel Hameed 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.

Mengapa soal saya mengenai Suaram?

Pengarah Eksekutif Empower, Maria Chin Abdullah percaya ia merupakan satu pola gangguan baru oleh pihak berkuasa.

PETALING JAYA: Pengarah Eksekutif Empower, Maria Chin Abdullah hairan dengan tindakan polis yang mahu menyoal beliau berikutan satu laporan terhadap NGO hak asasi manusia, Suara Rakyat Malaysia (Suaram).

“Saya tidak faham…..apa kaitan saya dengan Suaram kerana saya bukan ahli mahupun pengasas Suaram. Ia sangat mengelirukan,” kata beliau yang juga merupakan ahli jawatankuasa eksekutif Bersih 2.0.

Maria berkata demikian sebagai reaksi kepada surat yang diterima beliau hari ini yang ditandatangani oleh Ketua Penolong Pengarah (Pematuhan) Jabatan Pendaftar Pertubuhan Malaysia (ROS), ASP Arsad Kamaruddin.

Surat itu meminta Maria hadir untuk disoal siasat oleh pihak polis di bawah sekyen 111 dan 112 Kanun Prosedur Jenayah berikutan laporan dibuat terhadap dirinya di Muar.

Beliau perlu hadir pada hari Rabu ini jam 10 pagi di Bahagian Pematuhan, ROS, Putrajaya untuk disoal siasat tetapi beliau hanya akan hadir pada hari Jumaat.

Maria turut menyoal kenapa hanya dirinya sahaja yang dipanggil untuk disoal siasat.

“Sebagai NGO, Empower memberikan sokongan solidariti terhadap usaha mengenai hak asasi manusia yang dijalankan oleh Suaram.

“Saya percaya bahawa mereka menggunakan jaringan yang lebih luas untuk mengganggu NGO,” kata Maria, sambil merujuk kepada gangguan yang dihadapi ahli jawatan kuasa Bersih 2.0 yang lain ketika hendak pergi ke luar negara.

Sementara itu, Pengarah Eksekutif Suaram, E Nalini mengecam tindakan ROS itu.

“Tindakan mereka berniat jahat kerana Suaram didaftarkan di bawah Suruhanjaya Syarikat Malaysia, bukan ROS. Mereka menyalah guna kuasa,” kata Nalini.

Pakatan must endorse Johor Demand

The Johor Friends of Suaram and Hindraf Makkal Sakti said only then will Pakatan get their electoral support.

GEORGE TOWN: The Johor Friends of Suaram and Hindraf Makkal Sakti have come up with a Johor Demand and wants Pakatan Rakyat to endorse it.

They say Pakatan must endorse it, if they want their electoral support in Johore In a joint-statement here today, Friends of Suram coordinator, Ang Pei Shan and Hindraf’s Y Mohan said Johore Demand constituted three major demands: racism, “nationalisation” of alien workers and Pengerang.

Mohan said the NGOs would want pre-election commitment from Pakatan to implement their demands if the coalition took over power in Johor or Putrajaya.

Yesterday, he said, the Johore Demand was submitted to the state branches of DAP, PKR and PAS.

“Our support for next general election must be on a win-win strategic alliance,” Mohan said.

The NGOs’ main demands were:

Elimination of all racial oppression and work towards equality for all ethnic groups.

To protect Johorean rights and interests in land acquisition under the Pengerang Integrated Petroleum Complex (PIPC) project.

To repeal Article 153 of the Federal Constitution, the New Economic Policy (NEP), Bumi quota and Section 17(1) of the Education Act 1996 to achieve unity, social harmony and prosperity of the country.

They said the unequal provision in Article 153 had given a legal basis for UMNO-dominated Barisan Nasional ruling elites to practise institutionalised racism, create two classes of citizens of Malays and non-Malays.

The NGOs said the NEP and bumiputera quota system allowed BN ruling clique and cronies to enrich themselves while the Malays at large remained poor and live in abject poverty.

In this era of China and India emerging as big powers, they said any attempt to eliminate Chinese and Tamil education for the 6.96 million ethnic Chinese and 2.07 million ethnic Indians is wrong.

The NGOs want the authorities to establish more Chinese primary schools in Chinese dominated areas and Tamil primary schools in Bukit Indah, Mount Austin, Kota Tinggi and other areas in Johore.

The NGOs also want authorities to approve the application to revive the Segamat Chinese independent secondary school and give due recognition to United Examination Certificate (UEC) and degree of Southern College University.

The groups called on the state government to allocate land for Masai Hindu cemetery, which has now been hit by land shortage.

They said this would prevent poor Indian families from falling prey to loan sharks, who collect exorbitant interest on loans taken for cremation.

The groups resolutely opposed Project Mahathir because it was highly prejudicial to Malaysian citizenry rights.

Through Project M, the groups claimed that Umno elites has legalised illegal immigrants in Sabah and now in Peninsular.

According to conservative official statistics, they said three million aliens have been legalised and, issued long-term work permits and identity cards.

On Pengerang, the NGOs want 20% of total profits derived from PIPC project and petrochemicals integrated development project under RAPID, should be used for the purposes of economic development and health care services in the state of Johor

They want the government to minimise the environmental pollution in the process of producing petrochemical products.

They said Pengerang residents adversely affected by the development project should be given adequate compensation and appropriately resettled, and the relocation of Malay and Chinese cemeteries must be dealt in appropriate manner.

They called on the government to prevent well-connected groups from pocketing huge profits through resale of land acquired in the name of implementing development projects.

They said the land acquisition process should be open and transparent, and monitored by civil society and opposition parties.

The civil rights organisations want Pakatan to implement either fully or partially the Johor Demand within five years of coming to power if it formed the next state or federal government.

Suaram denies French court rejected civil party application

The Star

KUALA LUMPUR: Suaram has denied claims that a French court rejected its application as a civil party to the Scorpene judicial inquiry.

“There were obstacles in getting admitted as a civil party, but we were granted it eventually,” said lawyer Fadiah Nadwa Fikri, who represents Suaram, at a press conference at the Chinese Assembly Hall.

She added that the human rights NGO was made party to the proceedings on April 11 and showed reporters a document from the tribunal de grande instance in Paris, addressed to Suaram director Kua Kia Soong.

The Malaysian Young Journalists Club president Dzulkarnain Taib was quoted by a Malay daily last week as saying Suaram’s application to be party to the case had been “rejected completely” and that Suaram’s claim otherwise to was a lie.

Suaram secretariat member Cyn­thia Gabriel said Suaram had never misled the public in its statements about the case and a proper understanding of the French judicial system was important in order to understand the development of the case.

She added that the judicial inquiry conducted by the Paris tribunal de grande instance, equivalent to the High Court, began this April and could take up to two years.

Malaysiakini feels the heat

Malaysiakini, a leading independent news portal, and Suaram, a human-rights organization, have come under heavy government pressure in the run-up to what is expected to be a hotly contested general election in Malaysia. 
 
Both independent groups have reported on politically damaging scandals surrounding Prime Minister Najib Razak and his ruling United Malays National Organization (UMNO) party.

In particular, Suaram has exposed and Malaysiakini reported allegations of irregularities in the procurement of Scorpene submarines from France at a time when Najib served as defense minister. The murder of a Mongolian woman, allegedly the lover of a Najib aide connected to the deal, has raised the political stakes of the scandal.

Full article on Asia Times Online website

Suaram: We're still party to Scorpene inquiry in France

Scorpene briefing: Other side invited as well

Both Suaram and DCNS's lawyers have been invited to explain the progress of the Scorpene probe in the Malaysian Parliament.
UPDATED

KUALA LUMPUR: Lawyers from the French company involved in the multi-billion ringgit purchase of the Scorpene submarines have also been invited to Malaysia to explain their side of the issue.

“It’s an invitation to both sides to give their versions of what is transpiring in France and what is the progress of the inquiry,” said Suaram secretariat member Cynthia Gabriel.

“It is certainly not a one-sided affair. It is an invitation to both Suaram’s lawyers and DCNS to come to provide a briefing to Parliament,” she added.

The former finance director of the French company, DCNS, had made a claim for two million euros allegedly used to bribe Malaysian officials in the purchase of the submarines, Suaram had said.

Opposition Leader Anwar Ibrahim had earlier this month invited Suaram’s lawyers William Bourdon and Joseph Breham to brief the Malaysian Parliament on the latest status of the Scorpene probe.

The lawyers accepted Anwar’s invitation, and are now awaiting approval for their visas.

No reason to stop them

Asked whether DCNS’ lawyers had also accepted the invitation, Gabriel said she did not know as the invitation was issued by the parliamentarians.

But she hoped lawyers from both sides could give their briefings before the current Parliament session ends on Nov 22.

“It was an invitation sent out with the hope that the lawyers would be able to set foot into Malaysia without obstacle and hindrance with the sole objective of briefing elected representatives on the progress of the case.

“Why? Because this is an issue of major public interest. It is an issue that involves Malaysian taxpayers’ money and it runs into millions and millions of ringgit.

“So elected representatives have a right to know. They should be pursuing this case in Parliament and asking the right questions,” she said.

Garbiel urged the government to be open about receiving the lawyers, pointing out that as French citizens, neither Bourdon – who had been deported during his last visit here – nor Breham required visas to come to Malaysia for at least three weeks.

“This time, they are taking greater pains to apply for a working visa to visit their clients as well as to provide a formal briefing to Parliament,” she said.

“We urge the Foreign Ministry, the Home Ministry and the government not to obstruct their travel into Malaysia because it is a very legitimate reason that they are coming.

“What is there to fear? What is there to stop them? These are questions that the government needs to answer.

“Instead what we have seen so far are police reports lodged against members of parliament and against Suaram for foreign interference. It really doesn’t make sense to us,” she added.

Suaram refutes pro-govt NGOs’ claims

Meanwhile, Suaram founder and director Kua Kia Soong rubbished claims that France wished to interfere in Malaysia’s affairs, as alleged by pro-Barisan Nasional groups such as the Young Journalists Club and Jaringan Melayu Malaysia.

“Do you think the French really want to interfere with the Malaysian government? DCNS is a state company funded by French taxpayers, and their government is only interested in probing claims of corruption within their own country.

“They have absolutely no interest in interfering in Malaysian affairs,” he pointed out.

Secretariat member Fadiah Nadwa Fikri also refuted claims by the same NGOs that Suaram had misrepresented itself as a plaintiff in the inquiry.

Dzulkarnain Taib, president of the Young Journalists Club, had told reporters earlier this month that the French court had thrown out Suaram’s case over the Scorpene deal on March 12.

“We view the claim that Suaram has been accepted or recognised as a ‘civil party’ [plaintiff] as the biggest lie in the country’s political history,” he had said.

But Fadiah showed court documents dated April 11 naming Kua as the plaintiff in the case.

“It is a malicious accusation and total lie that we aren’t party to the investigations. These court documents from April 11 show we are plaintiffs and that we are definitely part of the judicial inquiry,” she said.

In April this year, the Tribunal de Grand Instance in Paris began its inquiry into Suaram’s claim that French naval firm DCNS had paid some RM452 million as a bribe to Malaysian officials to obtain a contract for two submarines.

Suaram had filed the complaint with the French courts in 2009.