Public Forum: Whither the Constitution? Lessons to be learnt from the Perak Crisis

Date: 9 Dec 2009 (Wednesday)
Time: 8pm
Venue: MBPJ Civic Centre Auditorium, Jalan Yong Shook Lin, Petaling Jaya

Speakers:

(1) Professor Kevin Tan – from Yale University and author of numerous books and articles on the Malaysian and Singapore Constitutions. Besides lecturing in Singapore, he has also given lectures in constitutional law to students in Monash University in its campus in Kuala Lumpur.

(2) Professor Dato’ Shad Faruqi – the author of “Document of Destiny” and a constitutional law expert, he has taught for many years in local universities and is a regular columnist for the STAR.

(3) Dato Seri Nizar Jamaluddin – MP for Bukit Gantang, Pakatan Rakyat MB for Perak

Organised by:
Merdeka Review http://merdekareview.com/
Enq: 03 7981 2831 / editorial@merdekareview.com

Muslims Urged To Accept Minorities

From The Malaysian Insider

MELBOURNE, Dec 6 — Muslims must tackle injustices and corruption in their own countries before they can point a finger at the West, Australia’s The Age newspaper quoted opposition leader Datuk Seri Anwar Ibrahim as saying yesterday. ”How Islam treats minorities is excessive, no question — Hindus, Buddhists, Christians, Jews. We cannot condone injustice. We must condemn atrocities against minorities in Muslim societies and against Muslims in Christian societies,” he told the Parliament of the World Religions. He has repeatedly said this in many international conferences leading to the Foreign Policy magazine naming him one of the most influential thinkers in the world. In Malaysia, however, he faces a second sodomy charge a decade after being convicted for the first.

Anwar said Muslim countries faced huge Islamophobia, including an unequal American approach to Israel and Palestine and concerns about nuclear non-proliferation with some countries but not others (a reference to Israel). But he told the key session on Islam and politics: ”You can’t talk all the time about the injustice of the West if you have injustice in your own land, such as Christians and Hindus in Muslim countries. ”Muslims were upset about the treatment of prisoners at Abu Ghraib [in Iraq], but what about conditions in Muslim prisons. If you refuse to talk about that you have no standing to talk about the first.” The parliamentary opposition leader said there was no reason why Islamic parties should not contest elections. ”There is suspicion that Islamic political parties will use democracy as a vehicle and, when they come to power, marginalise other groups and cancel elections.

There will be a 100 per cent vote, one time.” But there were Christian Democrat parties, Hindu parties and Buddhist parties, while Muslim countries such as Indonesia, Malaysia and Turkey had clear constitutional guidelines. ”So why must Muslims have a secular fundamentalist position? What is important is to ensure that Islamic parties are not factional or unjust when in power.” Abdullah Saeed, professor of Islamic Studies at Melbourne University, said the question of Islam and politics had been one of the most hotly debated topics for Muslims since the middle of the 19th century. ”At one end of the continuum is the view that it’s absolutely essential for Muslims to establish an Islamic state, that Islam is a religion and a state, though Muslims have never experienced this ideal. ”At the other extreme, Islam is simply an ethical and moral system, a relationship between the person and God, with no need for politics.” Saeed said critics pointed out that an Islamic state was not a traditional idea but a 20th-century construct, while Muslim governments tended to oppress women and non-Muslims, were autocratic and did not respect rights.

Tariq Ramadan, one of Europe’s leading Muslim spokesmen, said democracy and Islam were fully compatible, but many Muslims misunderstood secularism as meaning no religion. Secularism in Muslim-majority countries did not mean democracy, but the opposite: dictators. ”It’s a question of authority. When it comes to the private sphere, the authority God has over you is private. When it comes to the public sphere, it should be negotiated among the public.” Ramadan said the idea of collective negotiated authority went back to the Prophet Muhammad, who more than once followed the majority against his own opinion. Iranian delegate Mahdi Mostafavi said governments should fulfil the main purpose of man’s creation and ensure society was obedient to God. He said Muslims should not be subservient to any power that went against the will of God, who gave governments their legitimacy. ”The government should strive for material prosperity but also for man’s exaltation in his humanity. Unfortunately this is neglected by most governments. Within the framework of God’s laws, people should be free.” Questioned by a leading Melbourne Muslim, Rachel Woodlock, about the treatment of Baha’is in Iran, Mostafavi simply denied that any minorities in Iran faced ill-treatment. Woodlock replied: ”You have no credibility at all.’

ROS Approves New Umno Constitutional Amendments

KUALA LUMPUR, Dec 5 (Bernama) -- The Registrar of Societies (ROS) has approved the new Umno constitutional amendments effective Nov 10, Datuk Seri Najib Tun Razak said.

The Umno president said the party would find ways to clean-up the membership list to come out with the latest one.

"Based on the new Umno constitution, we don't need to collect the annual fees. As such we have to ensure that the members are genuine.

"Umno headquarters will contact all divisions to explain the clean-up to be done by the party," he told reporters after the Umno Supreme Council (MT) meeting here Friday night.

The three-hour meeting which began at 9pm also approved Umno programmes with the theme 'Umno Juara Rakyat' (Umno The People's Champion) which would be introduced in January.

"Although the theme is 'Umno Juara Rakyat', Umno will continue to be with other Barisan Nasional (BN) component parties in implementing various programmes at division level in line with the concept.

"The programmes cover activities on education, religion, spiritual, economy, entrepreneurship, social, non-governmental organisations (NGO) and other programmes already approved by MT," Najib said.

Prayer For 'Bloated Stomach': Don't Know What To Say - Muhyiddin

PUTRAJAYA, Dec 4 (Bernama) -- Tan Sri Muhyiddin Yassin said he did not know what to say with regard to the Kelantan Menteri Besar Datuk Nik Abdul Aziz Nik Mat's prayer for the Barisan Nasional (BN) government leaders to suffer from a bloated stomach (pecah perut) over the royalty payment.

The Deputy Prime Minister said the statement by Nik Abdul Aziz, who is also Pas spiritual leader, did not reflect the Islamic sentiment, and he was also shocked that it had been made by someone considered to be a spiritual leader.

"What we know previously, as Muslims, we never pray for the destruction of other Muslims just because of certain conflicts, and in this case, it's over the oil royalty for Kelantan.

"So, this has been decided by the Cabinet. So, I don't know what to say because this is not the first time, it has been repeated many times," he told reporters after chairing the 65th meeting of the National Land Council, here on Friday.

He said this when asked to comment on the statement by Nik Abdul Aziz on a website that stated his intention to pray for such misfortune in reaction to the refusal of the Federal Government to make oil royalty payment to Kelantan, but handing over only the compassionate payment.

In November, Prime Minister Datuk Seri Najib Tun Razak announced that the government would make compassionate payment to the Kelantan state government through Petronas beginning next year, in place of the oil royalty demanded by the Pas-led government.

He said the state government was not eligible to receive the oil royalty as there were duplicating claims over the area where the oil wells were located, thus the money would be channeled in the form of development projects through cooperation with the state government.

Muhyiddin also said that the statement was made in a situation where the Kelantan Menteri Besar was aware that there were many Pas leaders who were also religious figures and Nik Abdul Aziz should be reprimanded if he were to make such statements.

"This is an act which completely does not reflect the real Islamic culture," he said.

On the resignation of Datuk Seri Sulaiman Abdul Rahman Abdul Taib, who is also the Sarawak Chief Minister's son, as Deputy Tourism Minister, Muhyiddin said he did not know about it.

The Malaysian Insider reported that Sulaiman had resigned as Deputy Minister of Tourism, citing poor health although government sources said it related to the perceived bad treatment towards him personally and the Borneo states.

Sulaiman is said to have tendered his resignation letter to Prime Minister Datuk Seri Najib Tun Razak last month, citing his health condition as the main reason for his decision to leave the federal administration.

MCA Needs To Consider BN's Interest, Says Najib

KUALA TERENGGANU, Dec 6 (Bernama) -- Prime Minister Datuk Seri Najib Tun Razak wants the MCA leaders to take into account the interests of the Barisan Nasional (BN) in resolving the crisis faced by the component party currently.

Najib, who is also the BN chairman, said he did not want to pressure anyone in the MCA by giving a deadline for the annual general meeting (AGM), but hoped it could be held soon.

"Some groups want it to be held quickly, while others want it to be held later. We try to reach a compromise so that the transition can be resolved and we can move forward with a stronger line-up.

"It's only a question of time, when to hold the AGM. The time is being negotiated by several MCA leaders, I hope a compromise on the date for the AGM could be reached soon," he told reporters here Sunday.

The Prime Minister was asked to comment on the internal crisis which had been plaguing the MCA for the past three months without any sign of an immediate solution although the leaders concerned had agreed to hold fresh party polls.

Following the MCA Central Committee (CC) meeting at the end of November, the leaders embroiled in the dispute are now seen to be undergoing a 'cooling off' period although no agreement had been reached on the date for the AGM.

Najib earlier gave away special aid to 363 flood victims from 10 evacuation centres in the Kuala Terengganu district at the Sekolah Kebangsaan Kompleks Gong Badak, here.

All the flood victims received an advanced payment of RM300 each to ease their burden while the balance of the aid payment would be determined by the National Security Council and the District Office, and would be paid out later.

'Roh' Teoh berlegar di SPRM Shah Alam ?

Tiga individu mendakwa mereka ternampak satu lembaga yang menyerupai mendiang Teoh Beng Hock merayau-rayau di ibupejabat Suruhanjaya Pencegahan Rasuah Malaysia (SPRM) di Plaza Masalam, Shah Alam.

Menurut laporan akhbar China Press, lembaga tersebut dilihat di tingkat lima bangunan tersebut - tempat Teoh ditemui mati dan di tingkat 14, iaitu pejabat SPRM Selangor.

Laporan itu menyebut seorang pengawal keselamatan dan dua pegawai SPRM terserempak dengan lembaga itu sekitar bulan Oktober lalu - lebih dua bulan selepas Teoh ditemui mati.

Pengawal keselamatan tersebut yang enggan namanya disebut berkata, dia tidak nampak muka lembaga itu, tetapi ia berpakaian sama seperti yang dipakai mendiang ketika datang ke pejabat SPRM dulu.

"Saya nampak mayatnya selepas jatuh. Saya pasti ianya Teoh walaupun saya hanya lihat bahagian belakangnya," katanya sambil menambah kejadian itu berlaku kira-kira jam 6.30 petang.

Ketika mencerita semula kejadian itu, pengawal tersebut berkata dia pergi ke bilik air di tingkat lima di mana secara dia tiba-tiba terdengar bunyi orang berjalan. Pengawal keselamatan yang lain tidak bertugas ketika itu.

"Saya rasa pelik. Biasanya pada waktu itu tiada orang lain di situ. Lalu saya berjalan ke arah tandas... kemudian saya nampak seorang lelaki di depan lif, dia memakai kot hitam dan berseluar putih," katanya.

Pada masa itu, tidak terlintas di fikiran pengawal tersebut bahawa ia adalah lembaga yang menyerupai Teoh itu.

"Saya bertanya dia hendak ke mana kerana tiada orang di atas. Dia menjawab "saya nak naik ke atas", lalu masuk ke dalam lif.

"Ketika itulah saya terfikir yang dia nampak seperti Teoh, jadi saya bergegas ke bilik keselamatan untuk melihat CCTV, tetapi tiada seorang pun dalam lif tersebut.

'Discrepancies in Banggarma's conversion'

Welfare Department director-general Meme Zainal Rashid should furnish evidence to substantiate her claim that S Banggarma was converted on Nov 30, 1983 in Rompin, Pahang.

Demanding this at a media briefing today, Banggarma's lawyer Gooi Hsiao Leung pointed out that the conversion certificate dates the conversion at Dec 28, 1989.

“The Welfare Department now claims that she was converted by her Hindu parents when she was a year old. There cannot be two conversions into Islam for the same person,” he said.

Gooi chided Penang Islamic Affairs Council (MAINPP) president Shabudin Yahaya for saying that Banggarma, 27, is a Muslim and that her marriage to a Hindu is a legal issue.

He said the Welfare Department and Islamic authorities have failed to address the key question on the conversion of a minor by the administrators of the welfare home.

Section 80 of the Penang Administration of Islamic Affairs Enactment 1993 stipulates that anyone below the age of 18 shall not be converted to Islam without the consent of his or her parents.

Banggarma's conversion, Gooi said, was illegal from the start.

“By converting her at (the age of seven), the Islamic authorities infringed their own law.”

Gooi hoped that MAINPP will assist Banggarma by expunging records of her conversion, so that the issue can be resolved amicably.

Banggarma, who was present, told reporters that her father had never mentioned anything about the 1983 conversion.

“My father is a practising Hindu like me,” she said, showing a photo of her father with vibuthi (sacred ash) on his forehead.

He had enrolled her and three siblings - two elder brothers and a younger sister - at the home, after its welfare officers convinced him to do so, she said.

“He was shocked to hear that my siblings and I were converted to Islam in the welfare home,” Banggarma said, alleging that the four were then separated and have not met since.

'Welfare Department lied'

Meme had told Malaysiakini yesterday that Banggarma, whose Muslim name is Siti Hasnah Vangarama Abdullah, was placed into the welfare home in Kepala Batas in March 1990 following a order under the Juvenile Courts Act of 1947, for her own protection.

Meme claimed Banggarma was found wandering aimlessly in Sungai Petani, Kedah.

Questioning this, Banggarma pointed to the conversion certificate which shows that she was converted in 1989.

“It's a lie. The department is trying to cover this up,” said the mother of two.

Due to her Muslim name in her identity card, she has not been able to register her marriage to S Sockalingam. It had been conducted according to Hindu rites.

She has also been unable to register her husband as the father of the children in their birth certificates.

Her birth certificate shows that she was born on Aug 13, 1982 in Keratong, Pahang to plantation worker B Subramaniam and Latchumy Ramadu, both Hindus.

Describing herself as a staunch Hindu, Banggarma said she would fight till the end to restore her rightful identity.

“I was born as a Hindu, I live as a Hindu, I will die as a Hindu,” she said.
________________________________________________________________
Refrain from converting under-21s’

Posted on 01 December 2009

‘Refrain from converting under-21s’
The yet-to-be-registered Human Rights Party (HRP) has written to the premier, asking him to prevent the “forced and unwitting conversion” of children to Islam.

Pro-tem secretary-general P Uthayakumar said Najib Abdul Razak should issue an immediate circular to schools, educational institutions, welfare homes and related bodies, directing them not to convert those below 21.

He also said Najib should direct the Islamic authorities to enable those who have claimed to have been either forced or unwittingly converted to Islam, to revert to their original religion or to one of their choice.

In the letter dated Nov 28, Uthayakumar said ‘Islamised’ Malaysians should be granted their constitutional rights, including freedom of religion.

“Mr Prime Minister, these events of conversions are completely unnecessary. We should instead optimally utilise our time and energy to focus on nation-building in the true 1Malaysia spirit championed by your goodself,” he wrote.

Referring to the case of S Banggarma, 27, Uthayakumar said the Penang Islamic Religious Department and Islamic Religious Affairs Council should be made to reverse her conversion to Islam.

Now a mother of two, she claimed that she was unwittingly converted by two state religious authorities when she was seven and staying in the Taman Bakti children’s home in Kepala Batas.

Banggarma, whose Muslim name is Siti Hasnah Vangarama Abdullah, said she only discovered her religious status when she went back to the welfare home to collect her identity documents in 2000. She is now seeking to revert to Hinduism.

Uthayakumar described her predicition as a case of “poverty-linked conversion”, in that she ended up in a welfare home because she was from a poor family. He said the welfare department took advantage of this to convert her to Islam.

‘Don’t use force’

In claiming that this is not an isolated case, he said forced conversions are rampant in orphanages, welfare homes, fully-residential government schools and other educational institutions.

He cited a 2007 case in which a 17-year-old Hindu youth, who was studying at a residential vocational school, was “pressured and brainwashed” to convert to Islam.

“This youth was then told not to inform his parents or anyone else,” he said in the letter to Najib.

However, the boy’s friend informed the father, who removed his son from the school.

“That was the end of his vocational skills training and his future career,” said Uthayakumar.

Although a letter was sent to then premier Abdullah Ahmad Badawi, the forced conversion has yet to be reversed.

Uthayakumar pointed out that even PAS spiritual leader Nik Abdul Aziz Nik Mat has said that no one should be forced to convert to Islam.

It is the responsibility of Muslims, who make up the majority, to safeguard the interests and rights of the minority, he said.

Although Article 11 of the federal constitution guarantees freedom of religion, Umno-trained Islamic officers have been known to take the law into their own hands.

“How can Malaysians interact, foster genuine national unity and national integration, and co-exist as fellow Malaysians or as human beings in the first place?” he posed in the letter.

1,016,749 Biro Tata Negara “graduates” to implement UMNOs’ racist policies

UMNO is believed to have spent Millions if not Billions over the years to train 1,016,749 Biro Tata Negara “graduates” to implement their racist and religious extremist discriminatory policies in particular against the poor and working class Indians. In the Mid Term Review of the Ninth Malaysia Plan it was reported that 1,016,749 participants benefitted (“graduated”) from the Biro Tata Negara programmes (Utusan Malaysia Buliten 27/6/08 at page 19).

Our analysis based on the complaints we have received from the ground is that these Biro Tata Negara “graduates” are trained in a standardised fashion to reject especially the poor, illiterate and working class Indians right at the very first counter level stage itself by the counter clerks. For example for Birth Certificates, Identity Cards Welfare and handicapped persons financial help, Socso, low interest government business loans, business opportunities, licences Felda, Felcra, Risda, Fama and Agropolitian land ownership schemes livestock breeding etc.

The clearest example ever is the 150,000 Indian children who have deliberately been denied their birth certificates when the law as per Article 14 of the Federal Constitution states “……… every person born on or after Malaysia Day ……… are citizens by operation of the law.” The Universal Declaration of Human Rights 1978 states that “everyone has a right to nationality.” (The Sun 1/12/09 at page 10).

But these UMNO Biro Tatanegara “graduates” have caused not only grave pain and sufferings but also irreparable damage to the lives of especially these third, forth and even fifth generation Malaysian born 150,000 Indian children.

The NST on their 28/11/09 headlines however reports to the contrary.

Even the heart of the ISA Kamuniting prison had been infiltrated by these Biro Tata Negara officers who pulled up only the malay muslims and in their forum instilled hatred against the Indians and Hindraf. This caused discomfort to many of the participants including even some of the Jemaah Islamiah (J.I.) detainees who immediately came back and told us what went on. I had accordingly recorded this incident in my diary.

It was brought to our attention last month that in a civil servants “kursus” and at the end of a video presentation the photograph of Hindraf Chairman P. Waytha Moorthy appears with the sub titles “musuh utama negara”

We believe that even the Malaysia Courts and Judiciary have not been spared.

And this is just the tip of the iceberg. There are believed to be thousands of such direct and indirect UMNOs’ discriminatory race and religious extremist based plans, policies and practices implemented on a day to day basis.

Attrocities of this nature does not take place in any other part of the world except in Malaysia. These kind of discrimination last ended in apartheid South Africa some twenty years ago in 1989 with the end of FW De Klerk’s rule.

We believe that even the Malaysian Courts and Judiciary have not been spared

But Malay-sian Prime Minister Najib Razak to the contrary goes on his One Malaysia propaganda.

P. Utahayakumar.

Secretary General (pro tem)

Indians difficulties by Devi Johor

Devi,

Kangkar Pulai

Johore 26/2/09

Jabatan Perdana Menteri,

Unit Penyelerasan Putra Jaya

Tuan,

Per:Puan Dhana Yang Hidup Merana

Berhubung dengan perkara di atas Puan Thanalechimy a/p Lechmanan 591004-01-5224 yang beralamat No 46 Jalan Permas 2/2, Bandar Baru Permas Jaya 81750 Masai johore hidup sengsara kerana kehilangan suami beliau malah beliau tidak dapat bekerja kerana kecacatan di kaki .

Tambahan pula anak leleki beliau yang selam ini menanggung beliau telah cedera dan kakinya patah.

Harap Jabatan Tuan segera menangani masalah beliau dan keluarga beliau demi mencapai sasaran Perdana Menteri untuk membasmi kemiskinan.

Terima Kasih.

Yang Iklas,

devi

________________________________________________________

Jabatan Perdana Menteri,

Unit Penyelarasan Dan Perlaksanaan,

Putra Jaya,

Tuan/Puan,

PER: PUAN RAJAMMAH HIDUP PENUH SENGSARA

Perkara diatas adalah dirujuk

2. Puan Rajammah yang berumur 72 tahun memerlukan prihatinan dari Jabatan Kebajikan disebabkan beliau tiada pendapatan tetap malah beliau hidup penuh sengsara setelah masalah kesihatan menjadi lebih serious dan tiada mendapat perhatian daripada anak-anak beliau.Puan Rajammah kini tinggal di alamat NO 56,Jalan Makmur 3,Taman Damai Jaya,Skudai,Johore

3.Setakat ini,tiada sebarang bantuan yang disalurkan oleh mana-mana pihak dalam meringankan beban warga emas tersebut.

4.Sepertimana,diwar-warkan masyarakat berprihatin juga 'Rakyat Didahulakan,Pencapaian Diutamakan' Saya amat mengalu-alukan bantuan dari pihak tuan.Kerjasama pihak tuan amat dihargai dan didahului dengan ucapan terima kasih.

Yang Benar,

Devi

________________________________________________________

Berhubung dengan perkara di atas Puan Mariyayee A/P Ramasamy meminta pertolongan dari Jabatan Kebajikan kerana beliau merupakan seorang ibu tunggal di mana suaminya Encik.Kumar meninggal dunia pada 13/9/07 kerana sakit jantung.Semenjak dari itu Puan Mariyayee menghadapi pelbagai dugaan untuk membesarkan anak lelaki beliau yang berumur 11tahun.Malah anaknya yang bernama Sivaratnam kini di Tingkatan Satu terpaksa membuat kerja sambilan bagi memenuhi keperluan harian.Keluarga ini kini tinggal di alamat NO 71,Jalan Ara 5,Taman Sri Pulai,Kangar Pulai,Johor

Bantuan dari Jabatan Kebajikan sedikit sebanyak memberi nafas baru bagi keluarga Puan Mariyayee.Harap pihak berkuasa segera menangani masalah keluarga ini.

Terima kasih.

Yang Iklas,

SivagamiDevi

SPM cap debate goes on

The federal government decision to revise 10-subject cap to 12-subject for SPM examination is the ‘same racist formula in different version’, alleged a DAP leader today.

Penang Deputy Chief Minister P Ramasamy said the revised decision was still a re-designed Umno-initiated racial policy to eliminate vernacular languages in the country.

He said the Cabinet decision not to give official recognition and grade value to the two additional subjects allowed for students had actually retained the objective earmarked for the controversial education policy.

www.malaysiakini.com/news/118721

“It’s actually back to square one . . . it’s a meaningless and hollow victory.

“The revise will not help the development of vernacular languages in the country.

“It will discourage students from taking up the vernacular language and literature subjects for SPM due to lack of grade value.

“In long run, it would create shortage of teachers and consequently spell the end of Tamil and Chinese schools,” Ramasamy told Malaysiakini.

Yesterday the Putrajaya administration revised the SPM subject cap to enable the Indian and Chinese students to sit for Tamil and Mandarin language and literature subjects.

However, Education Minister Education Minister Muhyiddin Yassin said the additional subjects to the six core and four relevant subjects would not be given official recognition.

www.malaysiakini.com/news/119011

In immediate response, MIC president S Samy Vellu lauded the cabinet for making the changes.

"I thank the prime minister and the deputy prime minister for agreeing to our (MIC's) request," he said.

However, Ramasamy blasted Samy Vellu for supporting the cabinet move, arguing that the original 10-cap SPM system should not have been introduced in the first place.

He likened Samy Vellu apparaisal to the federal government to an ISA detainee praising the government for releasing him from Kamunting Detention Centre “when he should not have been detained without trial in the first place.”

He said the new SPM cap policy was a betrayal to the Indian and Chinese communities by Prime Minister Najib Abdul Razak’s ‘1Malaysia’ government.

www.malaysiakini.com/news/118844

The cabinet's original decision to limit 10-subject cap has caused outcry because vernacular languages would lose its official recognition at the SPM level.

Under the system to be implemented next year, the six compulsory papers are Bahasa Malaysia, English, Islamic Education or Moral Studies, History, Mathematics and Science.

In most cases, science stream students have the choice of biology, chemistry, physics and additional mathematics to fill the remaining four subjects, while commerce students would be left with accountancy, commerce, economics and geography.

Many groups have pointed out that the 10-subject system leaves no room for non-literature subjects to be considered for SPM qualifications.

www.malaysiakini.com/news/118549

The government has decided to put a limit on the number of subjects a student can take in the SPM examination because some were taking up to 18 subjects as a way to increase their scores.

Ramasamy said several Indian leaders from political parties and non-governmental organisations plan to meet tomorrow in Kuala Lumpur to discuss the next course of action to force the federal government to give grade value to vernacular language and literature subjects in SPM.

He said he would table an emergency motion over the issue at the Dewan Rakyat sitting on Monday, although he expected it to be rejected by the Speaker.

The ad-hoc SPM 12-Subject Action Group, comprising nearly 30 Indian-based NGOs, plans to go ahead with its protest over the issue in Kuala Lumpur on Dec 12.

www.malaysiakini.com/news/118611

The group chairperson A Thiruvenggadam said the latest cabinet decision failed to heed to the call made by the Indian community to safeguard the Tamil language.

“We wanted the government to allow students to take Tamil language and literature subjects for SPM with official recognition.

“The latest government decision defeats our objective and deceives the concept of 1Malaysia,” he told Malaysiakini.

The protest, which is expected to draw 5,000 people nationwide, is to be held at Wisma Peladang next Saturday morning.

MACC must raise its performance

The Malaysian Anti Corruption Commission (MACC) should investigate any form of graft and misappropriation of public funds highlighted in the Auditor-General’s Annual Report, a Gerakan grassroots leader said today.

Kedah Gerakan youth chief Tan Keng Liang said MACC should promptly probe into such reports irrespective of whether the graft activities occurred at federal or state levels, or in Barisan Nasional or Pakatan Rakyat-ruled states.

To date, he said large number reported wrongdoings in the AG’s annual report had not been probed, nor anyone charged.

Consequently, he said the government had failed to recover the ‘missing’ funds.

He said this should be among main agenda of the MACC deputy chief commissioner Abu Kassim Mohamed when he helms the anti-graft agency Jan 1 next year.

Referring to Abu Kassim vow to restore the agency’s credibility, Tan said the MACC chief designate should comprehend that time was not on his side to implement his plans and measures to redeem MACC's integrity and public confidence.

www.malaysiakini.com/news/119075

“Of course it is not an easy task to redeem credibility in a short span of time,” he acknowledged.

However, he said the general public would not be forgiving and show leniency to granting anymore extension of time to MACC to nab persons involved in corrupt practices.

“Time is of essence in any steps to redeem credibility and restore public confidence on MACC,” Tan said in his statement posted to Malaysiakini today.

He said the public now believed that graft was a main cause of wastage in government funds, increasing public expenditure and high deficit budgets.

Thus, he attributed corruption as an indirect cause to the government introduction of various taxes such as the five percent real property gains tax (RPGT), RM50 credit card service tax, and the soon to be tabled goods and services tax (GST).

Pointing out that these taxes burdened ordinary laymen on the street, except the graft perpetrators, he stressed that hopes of removing unnecessary taxes depended much on MACC performance.

“MACC can reduce Malaysians’ cost burden by eradicating corruption.

“It’s crucial to the country’s socio-economic development and political stability,” said the Gerakan youth leader.

Tan suggested MACC to also publish an annual report to disclose number of cases reported to it and types of actions taken on them, including probe results into the AG’s Annual Report.

He said MACC was also duty bound to explain publicly reasons behind its failure or reluctance to take action on certain cases.

Abu Kassim has vowed to introduce several steps to restore the credibility of the agency when he takes over the reins on New Year.

He said cooperation from other agencies and non-government organisations was also important in restoring the MACC's credibility.


"Without help from all quarters, the MACC will not be able to do a good job," he said.

Abu Kassim will replace MACC chief commissioner Ahmad Said Hamdan, who will retire by the end of the month, five months earlier than scheduled.

www.malaysiakini.com/news/119083

Ahmad Said has denied that his early retirement from the post was due to outside pressure.

MARGINALIZATION OF THE INDIANS AN ACCOUNTING OF HOW THIS HAS HAPPENED

ECONOMIC MARGINALISATION

Through these columns I intend to present a picture of the marginalization of the Indian poor in Malaysia and also try and put forth a coherent explanation of how it happened. I am going to do this in several parts. Part One was published a week ago. Here is Part Two. In this part I am going to lay out a picture of the phenomenon of the Economic Marginalization of the Indian poor.

The story of Mariappen

Let me narrate the story of Mariappen to you to illustrate how all of this works . Mariappen now 32 years old ( born in 1977) is married, lives in Kulim with his wife, Pechai and 3 young sons. He ran away from home when he was eleven, rebelling aginst a drunken father and a miserable life in the estate. He lived a life between being a runaway child, an inmate of a juvenile home, and a prisoner a few times over. He says he cannot remember how many times he has been in and out of the home and prison or how many years he has spent thus.

His father, Subramaniam was born in 1928 in the estates, grew up and worked first in one Estate in Sungei Bakap, then after that estate was sold worked in another called the Merah estate and finally in a Coffee estate, all in the Kedah region. His father was a daily paid worker for most of his life. Mariappen was the last of his16 children – boys and girls. All of them are now deceased except for Mariappen. I asked him how come, because his siblings would be in their forties and fifties, had they been alive, and were too young to be all deceased.. He said this happened for various reasons, but several of them died due to drinking, including his father. Alcoholism has been a major scourge to this family, like I suspect to many other marginalized families. Marginalization leads to alcoholism, which leads to short and unproductive lives. Condoning this process of marginalization has an effect of reducing the population of such poor. When such condoning happens with impunity, it is probably intentional.

Mariappan now works as an odd job laborer, whenever he can find a job. He is totally illiterate – can do some basic arithmetic. His wife, also illiterate works occasionally as a cleaner in a restaurant. He and his wife do not have ICs , his 3 children have no birth certificates. He and his wife therefore cannot find legitimate jobs. They do not effectively exist under the law. His marriage to his wife is not registered. Two of his children are attending a nearby Tamil school, two out of about twenty children without birth certificates in that school. Every Tamil school in the country has several children with this problem, from what I have seen. He and his wife have frequent violent fights, in the house, mostly over money and often when he is drunk. They live in a rented house in the fringes of Kulim, struggling through their lives every single day in this manner. They barely exist…. Also, imagine what all this will translate to when his children became teenagers or young adults. I asked him this question. Of course his answer was that they would likely turn out to be the same, now times three. See how the problem multiplies. That is exactly what has been going on to the problem over these 50 plus years.

The key factors in the economy which initiated the marginalization process

That his life became like this is not an accident of history. It was a natural outcome of what was happening in the economics and politics of this country. Let me share some data to show how this was happening on a National scale. The data clearly shows how the Indian Population distribution changed from being primarily in the Estates to being primarily in the towns and cities:

%	1970	2004
Urban	25.5	81.2
Rural	74.5	18.8

Source: Dept of Statistics, Government of Malaysia Census report 1991-2000, 9^th Malaysia Plan 2006

From 75 % rural to 80% urban. From the estate shanties to the urban squatter homes.

This shift occurred because of a few key things that were taking place in the economy:

1) Large rubber plantations run by the British in the early years after independence, were being broken up into smaller estates as the large British companies left Malaysia.

2) Plantations were shifting production to palm oil from rubber because of the higher returns for palm oil than for rubber.

3) The plantation companies in collusion with the Government allowed in foreign workers, both legal as well as illegal to man the oil palm plantations both depressing the earnings of the Indian workers as well as reducing the number of jobs available to the Indian workers.

According to a recent report there are 2.1 million foreign workers in the country (Source: Dept of Statistics, Government of Malaysia Census report)

4) Land was being taken up for industrial, commercial and residential development as the economy expanded. So many estates just turned to property development from production of rubber or palm oil.

The Indian marginalization problemwas ignored as a matter of policy

That this displacement was happening was no surprise to the policy makers. The policy makers just ignored it. The Indian Political representatives in the MIC too could not make any difference to the outcomes. They were impotent by virtue of their self serving relationship with the UMNO elite. This problem effectively was not national priority. The UMNO led Government of the period did not provide anything to address this problem. They could have taken measures such as:

a) Compensation for loss of the estate homes and the secondary incomes from small scale breeding or small scale agriculture.

b) Alternative housing in the urban areas, for those forced to move out from the estates because of factors beyond their control

c) Provision of land through agencies such as FELDA, FELCRA, PERDA, KEDA, KEJORA and such other development agencies of the Government.

d) Providing support to become self employed

e) Retraining into new skill areas

f) Social support schemes, to help in the transition

The Alliance government of that period and the BN government of today, led by UMNO, just washed its hands off the problem. The MIC that was supposed to safeguard the Indian interest reneged on its historical role and at best only looked after the interest of the few among the Indian elite. They could not stop the fragmentation process. Instead as with so many other problems afflicting Indians they started a self help program - the National Land Finance Co-operative Society (NLFCS) with false promises of a solution to the problem of displacement and riches to come for the poor. The likes of this never could touch Subramaniam, the father of Mariappan.

To continue with my story, nothing resulted from all of that for Mariappan’s family. Subramaniam, Mariappan’s father did not get any compensation when the first estate was sold and he had to move out. They were just thrown out of their jobs and they had to go. There were no institutes to retrain them into some new trade, maybe carpentry, maybe metalworking, maybe basic wiring, maybe mechanical or electrical trades to meet the needs of the new economy. The thought of that would have been preposterous, and all kinds of arguments would have been raised against the feasibility of such programs. There was to be nothing.

Complicity between the MIC and UMNO behind the marginalization process

FELDA or FELCRA or RISDA definitely did not consider that Subramaniam was the type that they were set up for. It is all just a question of priority for the Government and Subramaniam was not their priority – that’s all. After rejection from UMNO to address the problem and not to appear impotent to do anything about this problem, the MIC set up the NLFCS. But anyway,the only ones to have really benefited from these feeble schemes set up by the MIC, are a few among the Indian elite and some of their cronies. I quote this example because it clearly was repeated time so many times and with impunity – the NESA scheme, the MIC Unit Trust Scheme, the Koperasi Pekerja Jaya company, the Maju Jaya Cooperative, the MAIKA Scheme, The AIMST and MIED funds.

UMNO got away scot free from any responsibility for uplifting the poor Indians because of this kind of complicity between the MIC and UMNO. MIC worked hand in glove with UMNO to create an illusion of grand plans for the salvation of the Indian poor. MIC was the front guy. UMNO was the mastermind behind. This is the kind of treacherous role that MIC has played and caused harm to all the Indian poor in this country, over the last fifty years. But the real culprit is UMNO.

The creation of the underclass

So, left with no support or real help, this large shift of the Indian workers to the urban centers resulted in squatter colonies mushrooming across the country in urban areas on fallow land, old mining land, on State land. These communities were bereft of their ancestral social structures which they were forced to abandon when they left their estate communities. The squatter colonies were no better. They were just basic settlements, crowded, without proper sanitation or amenities for an urban dwelling.

The migration to the urban areas further resulted in the breakdown of the social system the Indians had been living with for several generations prior. Hard earned social facilities like hospitals, dispensaries, crèches, and schools, meager as they were in the estates were abandoned. Effectively the Indian worker was cut free from all bondage and support and left entirely to fend for themselves and in the process the underclass was created.

The result is that a vast majority of them landed up as menial laborer, contract worker, unskilled factory workers, manual workers, drivers, security guards, helpers, sweepers, jaga kereta boys, cleaners, restaurant hands, gardeners and so on.

Crime and alcoholism as a direct result of marginalization

Like Mariappan many also turned to crime. The ecosystem for the turn to crime was building up. I asked Mariappan, how come he got involved in the crime like he did. His answer was that there were many friends who showed him how, and there were people to buy whatever they stole. It was easy while it lasted, he said. . The net result, 200,000 Indian youth are involved in crime, said our erstwhile Minister for Human Resources, Dr.Subramaniam recently in Parliament.

Alcoholism seems also to be common with the poor Indians, like Mariappen. It seems to suggest that this is a kind of response to the effects of the marginalization experienced by Mariappen and his like. They see very little in the form of hope. Their self image anyway is already very low. They do not see a way out. When I asked Mariappen, why he let so many administrative lapses happen in his life, like with ICs and birth certificates, his response was that even when he wants to do something, he feels he has to do everything on his own, he feels alone, abandoned. He feels a kind of hopelessness. They feel they do not belong, they feel rejected, they feel there is no more hope, so what does it matter. This is fertile psychological background for something like alcoholism to set in for the males and I suspect suicidal tendencies for the females.

In summary

The overall social and economic conditions in the urban centers created this kind of a poverty trap. This became a breeding ground for the underclass, of which Mariappen is just one example. .And most of them were living just above the Poverty Line Income established by the Economic planning Unit.

Indians form 60% of urban squatters and 41% of beggars (The Economist

22nd Feb 2003

Not every case of the marginalized will be exactly like Mariappen. But elements of what is happening in Mariappen’s life is surely present in most of the Indian poor. This is all directly a result of the shift in the economy of the country, the socio economic position of the vast majority of the Indians to start with, the utter negligence of this problem by the UMNO led Government and the complicity between them and the deceiving MIC.

In the next part I will discuss the way in which our system based on unequal rights and

opportunities catalysed and accelerated the economic marginalization process.

Naragan

Survey on Malaysian Indian blog readers and bloggers

Apologies for multiple/cross postings. For your information, the survey ends December 10. If you have not participated please see message below.Thanking you in advance for your participation.

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This survey is part of my dissertation focusing on ethnic mobilization using blogs. Please participate in this survey that will take 10 minutes or less, and responses are completely anonymous. This survey is intended ONLY for Malaysian Indian bloggers and blog readers.

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Thanks so much.

Regards,
Asha Rathina Pandi
Ph.D. Candidate, Department of Sociology (ABD)
Graduate Certificate, Population Studies
University of Hawaii at Manoa
Honolulu, Hawaii

Vasanthakumar seeks to remain silent about his true masters - the Special Branch. Read this email exchange and my comments.

E mail from me, Namasivayam to Vasanthakumar on Nov 30^th 2009

Why do you not just fade away?.

You are doing damage to the Indian cause.

Why do you sell yourself to the special branch?

You are not going to achieve anything other than to destroy.

Why don't you look for money in some other less destructive way.

I cannot see what else you want .

Namasivayam

Reply by Vasanthakumar to me on the 1^st of December

Dear namasivayam,

I welcomed your doubts. But, to be fair for everybody.

I have explained in fact and figure behind your doubts on 25/11 Hindraf Anniversary.

Please contact/liaise the people who have attend the event.

Or, contact me on below h/p no.

Thanks

K.Vasantha Kumar

( no phone number was given)

My response to Vasanthakumar on the same day ,1^st of December

Why did you lodge the police report on the 14th of January 2008 against Uthaykumar and sveral others. We know your allegations are not true - and so do you. Why then did you lodge that report.

Give a credible explanation for your actions or remain silent and accept the fact that you have sold out.

Namasivayam

Vasanthakumar’s reply to me again on the 1^st of December

Dear Namasivayam,

please call me at 012-6422109 for clarification

Thanks

Hindraf

My response to Vasanthakumar again on the same day ,1^st of December

Vasanthakumar,

Please reply by email to my question if you are truely blameless. I do not want a verbal response.

My question to you again -

Why did you lodge the police report on the 14th of January 2008 against Uthaykumar and several others. We know your allegations are not true - and so do you. Why then did you lodge that report.

Give a credible explanation for your actions or remain silent and accept the fact that you have sold out.

Namasivayam

My (Namasivayam's) comments to all of you:

There is no response yet from Vasanthakumar till today the - 4th of December 2009 . He has chosen to remain silent . By remaining silent he accepts the fact to me, the fact that he has sold out.

Now, I want for all of you to know.

We just saw how one traitor Thanenthiran lies exposed . But he looked a hero on the 10th of October 2009 in the PWTC auditiorium with his "party members" - 3000 of them in full view. Barely two months after, his true intentions are exposed. And it is clear who his true master is - Najib.

Similarly, we will wait for this traitor Vasanthakumar, to be exposed .

Until these traitors are all exposed they will continue to be played up by the hidden hands behind, to create an illusion of another credible person, another credible leader, another split in the Hindraf movement. And they will continue to spin the story of a visionless and leaderless Indian community.

My own experience with this kind of Machiavellian play is that there is always a large hidden hand behind these traitors. These traitors do not make a breakaway because of ideological differences. They breakaway because their puppetmaster - the hidden hand behind wants them to breakaway - to creat confusion, create a picture of disunity, to water down the influence of the true leaders. In effect to kill off the true leaders and kill off the true organization.

Maybe when the hidden hands could stay hidden in an age where information did not move about so readily, these kinds of plays were effective. It is not the same, now in the age of information. It is not so easy. We must not let it be easy, we must use these new levers of information to make it difficult for the traitors and their puppetmasters, nay make it impossible.

We must all seek to expose the.

So, my advice to Vasanthkumar is that he should leave the scene now,when he can, so that he can avoid the same shameful and ignominous exit as Thanenthiran's.

--
Regards
Namasivayam