Conversion still a problem

By Deborah Loh
thenutgraph.com

Removing the "Islam" label on a MyKAD is not that easy

PETALING JAYA, 15 Dec 2009: Despite cabinet announcements about conversions to Islam and proposed legal amendments to allow a Muslim convert to divorce in the civil court, other scenarios arising from conversions are not being addressed.

As a result, numerous conversion cases are not being resolved and beg the question of how effective the state's response has been to the complex issue of conversion to Islam in Malaysia.

For example, proposed amendments to the Law Reform (Marriage and Divorce) Act 1976 to allow a Muslim convert to end a civil law marriage in the civil court only addresses this one scenario.

Other scenarios have been occurring with no recourse for those affected, lawyer A Sivanesan told The Nut Graph.

A SivanesanSivanesan, who is also a DAP assemblyperson in Perak, related some stories of people who have sought his help in the last two years.

February 2008: A teenaged Indian Malaysian boy from Tapah was converted to Islam by school friends who took him to the religious department where he recited the syahada (proclamation of faith) and received a conversion certificate. He was subsequently given a MyKad which stated "Islam" as his religion.

His family only discovered his conversion two months later when a sister found his MyKad in a pocket. The boy, now 19, has resumed performing Hindu prayers and wants to leave Islam. But the family, whose father is a prominent businessperson, is not keen to pursue it in court for fear the publicity will damage their name and standing in the Indian Malaysian society.

"They fear that even the chances of marriage for the boy's sisters will be affected," Sivanesan said.

Early 2008: An Indian Malaysian female student at Universiti Kebangsaan Malaysia, Kajang, was converted by university mates. Her father, a teacher, and mother, a homemaker, only learnt of her conversion in her final year of studies.

The family had wanted to seek legal recourse after her final year exams but the girl "disappeared" with friends for a few days. In the end, the family decided that it was best for her to leave the country. She now works in Singapore.

September to October 2009: A 28-year-old Indian Malaysian Muslim woman by birth from Sitiawan, Perak, wants to be declared a Hindu in order to marry her Hindu fiancé. She says she never practised Islam and was raised a Hindu although she was born to Indian Muslim parents who did not practise Islam. She now wants her religious status in her MyKad changed.

November 2009: A non-practising Indian Malaysian Muslim wife and Hindu husband in Klang are considering legal recourse to obtain a MyKad for their 12-year-old son which does not state "Islam" as his religion. The father is a factory worker and the mother works in a textile shop in Klang.

Children raised as non-Muslims have MyKads
stating "Islam" as their religion
(© jmhullot / Wiki Commons)Sivanesan also has a 26-year-old niece, who converted to Islam to marry, who is now a single mother with two children after her Muslim husband from Bangladesh abandoned her four years ago. The niece has returned to Hinduism but her MyKad states that she is Muslim.

Sivanesan said these stories have not been made public out of fear that the publicity will be more damaging to those affected, than helpful.

He added that many who get caught in this quandary chose to keep quiet because of the difficulty in finding syariah lawyers to represent them.

Those who engage civil lawyers, or want to challenge the validity of conversions, become embroiled in the jurisdictional tussle between civil and syariah courts.

"Civil lawyers can't represent such clients in the syariah court where only syariah-compliant lawyers may appear. There are few syariah lawyers who are sympathetic as most feel they would be going against Islam if they were to take up conversion cases," Sivanesan said in an interview at his Brickfields office.

No more deed polls

The National Registration Department now pushes the matter of removing "Islam" from
MyKads to the courts (left silhouette © Michal Zacharzewski / sxc.hu,
right silhouette © Kriss Szkurlatowski / sxc.hu)

Sivanesan said that until the late 1980s, people could use deed polls to apply to the National Registration Department to remove "Islam" from their identity cards. Now, the department pushes the matter to the courts.

However, in a rare recent case, a deed poll was successfully recognised by the Court of Appeal.

In its judgment in June 2009, the court allowed a person who was deemed a Muslim to challenge his or her status in the civil High Court.

It was the case of storekeeper Zaina Abidin Hamid alias S Maniam, whose originating summons was struck out by the High Court but reinstated by the Court of Appeals. He sought for himself and his children to be recognised as Hindus and by their Hindu names, stating that he had professed Hinduism all his life.

Maniam was born to Indian Malaysian parents who had identity cards which said they were Muslims. He said his parents followed the Hindu way of life and raised him as a Hindu. In 1973, he obtained a deed poll to adopt a new Hindu name. He also married a Hindu woman under civil marriage laws.

His case, however, received little media coverage.

Courts decide

K ShanmugaLawyer K Shanmuga said he noticed a shift in government policy that has affected the MyKad registration of illegitimate children after the Federal Court decision on Lina Joy in May 2007.

Previously, children born out of wedlock to a non-Muslim mother and a Muslim father were issued identity cards that did not state their religion as Islam. They were also allowed to change their Muslim names and their status as Muslims in their identity cards.

"At one time, this could be done without the need to go to the syariah court to decide the child's religion.

"About 10 years ago, I had a case where the religious council agreed that children born to a non-Muslim mother and Muslim father had to follow the mother. Both Islamic and civil law say the 'putative' father of an illegitimate child has no rights over that child.

"But now the government is insisting that the children have to go to the syariah court if they want to remove their classification as Muslim," said Shanmuga, who is currently handling a number of such cases with clients who are now above 18 who want to change their MyKads.

Shifting ground

Shanmuga said "things started to change as far as the law was concerned" in the 1990s, with the minority decision in the Dalip Kaur v Pegawai Polis Daerah Bukit Mertajam judgment. In that case, the court ruled that apostasy from Islam required the deliberation of Islamic law scholars. Hence, the syariah court should have jurisdiction to hear such matters, the civil court decided then.

That minority decision influenced judgment for the Soon Singh v Perkim Kedah case in 1999, which in turn influenced the Lina Joy decision.

"These problems have been on-going. These people continue living their lives thinking there is no need to do anything until they run into problems when they want to get married, or have children," Shanmuga said

Greatest disappointment that Najib failed to “walk the talk” with concrete action whether on recognition of Unified Examination Certificate or institu

By Lim Kit Siang

Yesterday, the Chinese press gave front page headline treatment to the Prime Minister Datuk Seri Najib Razak’s message for the 90th anniversary celebrations of the Chong Hwa Independent High School in Kuala Lumpur, but this has been replaced with deep disappointment and sadness that the Prime Minister has again failed to “walk the talk” like his “1Malaysia. People First. Performance Now” motto, his pledge to front-line transparency and to combat corruption.

Najib’s message for the Chong Hwa Independent High School 90th anniversary celebrations souvenir publication stands out as the best message ever given by any Prime Minister in the past five decades, crediting the Chinese Independent Secondary Schools as “important national assets” not only of the Chinese in Malaysia but of the country and extolling their contributions to nation building particularly in human resource development.

This has raised sky-high expectations that Najib would announce concrete actions to “walk the talk” of his message and it was a great disappointment all round that he attended the Chong Hwa Independent High School 90th anniversary dinner last night completely empty-handed.

There was neither announcement of recognition of the Unified Examination Certificate which is recognized by reputable universities worldwide or concrete action by the federal government to institutionalize government support and funding for the 60 Chinese Independent Secondary Schools despite the Prime Minister’s acknowledgement of their being “national assets” and important contribution to nation-building.

This is a major failure of the KPI of the Najib administration – failing to “walk the talk” to synchronise what it says publicly with what the government is doing actually.

It will most regrettable if all this is just for propaganda to score political points without any political will to translate them into government policies and practices.

The Cabinet should convene a special meeting to translate into action what the Prime Minister said in his message for the Chong Hwa Independent High School 90th anniversary celebrations, as Malaysians do not want the Prime Minister just to give “beautiful” messages but to translate words into action.

MIC Wants Monitoring Mechanism For Indian Businessmen

KUALA LUMPUR, Dec 14 (Bernama) - The MIC has asked the government to create a monitoring mechanism to help Indian small businessmen get loans from commercial banks, president Datuk Seri S. Samy Vellu said.

He said this was brought up to Prime Minister Datuk Seri Najib Tun Razak who chaired the Special Cabinet Committee on the Development of the Indian Community recently where the Finance Ministry was urged to review and make the terms more flexible.

"It was also proposed that loans or special guarantee be created to help Indian small businesmen to start business," he said after presenting a cheque for over RM1 million under Tekun Nasional Financing Scheme to 109 Indian businessmen here on Monday.

Samy who was a member of the Cabinet Committee said many Indian businessmen were finding it dificult to get loans from commercial banks including SME Bank although they qualified.

Up to Aug 31, some 2,026 Indian businessmen had applied for loans amounting RM20 million from Tekun. Of the number, 830 applications amounting RM5.8 million had been approved with 1,148 applications still pending.

Another 508 applications were stuck at MIC's Social Strategic Foundation office due to lack of funds while another 300 new application were also received.

Samy said the Prime Minister had announced during Budget 2010 that Tekun had been allocated an additional RM20 million for the Indian community.

He was aware that Tekun was facing shortage of RM350 million to meet the 16,000 loan applications approved and hoped it would be resolved soon.

Home Minister's action was unconstitutional, court told

The Star
By M. MAGESWARI

KUALA LUMPUR: The then Home Minister had acted in breach of the constitutional rights of the publisher of the Herald in imposing a ban on the use of word “Allah,” the High Court heard.

Lead counsel Porres Royan, who acted for the applicant, submitted that Tan Sri Syed Hamid Albar had acted in violation of several articles of the Federal Constitution by prohibiting the use of the word “Allah” in the Catholic weekly.

Porres submitted that the applicant has the constitutional right to use the word “Allah” in the Herald as provided for by the Federal Constitution.

He argued that the minister had also acted ultra vires (outside the law) of the the Printing Presses and Publications Act 1984.

“The Act was not meant for the purpose of regulating any religious groups in the practice and progagation of their faith which includes the use of religious publications,” he submitted before High Court judge Justice Lau Bee Lan on Monday.

He submitted that the use of the word “Allah” is essential for the worship and instructions in the faith of the Bahasa Malaysia speaking community of the Catholic Church in Malaysia and is integral to the practice and propagation of their faith.

“Imposing a condition under the Act to prohibit the use of this word would have the effect of regulating this religious group in the practice and propagation of their faith,” he said.

Among others, he argued that there were serious doubt as to the identity of the decision maker of the decision dated Jan 7.

He said Syed Hamid affirmed in his affidavit dated July 6 that he had made the decision to prohibit the use of the word in the publication while his secretary-general Che Din Yusoh in his affidavit-in-reply dated May 26 stated his division had make the decision and another part stated that it was his (Che Din) decision.

Senior Federal Counsel Datuk Kamaluddin Md however submitted that the minister has the power to impose such a condition and that the minister had exercised his power lawfully.

He said the granting of a publication permit is the absolute discretion of the minister and the permit holder has no choice but to comply with the conditions attached to it.

“Any challenge can only be in respect of the decision of the minister not to grant or to revoke or suspend the permit,” he said.

He said there was no evidence that the minister was prejudiced or biased, had acted in bad faith or had acted contrary to the rules of natural justice in attaching the condition.

“In our country, if one refer to Allah or mentions the kalimah (verse) Allah, it will bring to one’s mind that it refers to the God for Muslims. Kalimah Allah is sacred to the Muslims and put at the highest position and its sanctity must be protected.

“Thus, kalimah Allah is not just a mere word or translation of the word God as described in the Herald, but it is a special name for the Muslims’ God.

“The usage of the kalimah Allah as an intepretation of the word God may cause confusion, religious sensitivity amd disharmony between the Muslims and Christians,” he said when asking the court to reject the judicial review application.

He said further that “the applicant’s contention that the Bahasa Malaysia term for God is Allah and Lord is Tuhan is clearly perverse, erroneous and misconceived.

“We submit that that Allah being exclusive and special name cannot be interchangeably used as a general term,” he added.

The Roman Catholic Archbishop of Kuala Lumpur Tan Sri Murphy Pakiam had applied to declare that the Herald is entitled to use the word and that its use was not exclusive to Islam.

Rev Murphy had named the minister and the Government as respondents in the application filed on Feb 16.

The archbishop is named as an applicant in this action as publisher of the Herald.

The hearing continues Tuesday.

Ban ultra vires Constitution, says counsel

Malaysian Mirror

KUALA LUMPUR - The High Court was today told that the ban on Christians using the world "Allah" is unconstitutional.

Counsel for the Catholic Church, that publishes a weekly magazine called The Herald, argued that the Home Minister had gone against the Federal Constitution, which is the supreme law of the land, when he introduced new conditions banning the use of the word "Allah" to mean any God other than the Muslim God.

Porres Royan, leading a team of five lawyers said the Federal Constitution protects the rights and liberties of religious minorities to enable them to carry out their worship in a free manner.

He said that under section 12 of the Printing Presses and Publications Act, the Home Minister, who has full discretion in issuing a publishing licence and may place certain conditions to prevent abuse, had overstepped his power.

Islam official religion

Porres added that Article 3(1) of the Federal Constitution acknowledged Islam to be the official religion of the country, but at the same time, other religions can be practised in peace and harmony.

He also said that other parts of the Federal Constitution support the law equally, namely Article 11(3)(a) which states that every religion has the right to manage its own affairs, Article 10(1)(a) which guarantees freedom of speech and Article 8(1) which notes that every citizen is equal in the eyes of the law and entitled to equal protection under law.

Porres also noted that Christianity pre-dates Islam and made references to several early English-Malay versions of the Bible, including one by renowned Malay scholar Munsyi Abdullah who in 1852 filled in the word for God in the Christian sense as "Allah".

"Even if section 9 is valid, the use of the word 'Allah' by one non-Muslim or by a person professing a non-Islamic religion to another cannot by any stretch of the imagination amount to the propagation of a religious belief or doctrine among persons professing the religion of Islam," he said.

"In the case of The Herald, the publication is a propagation of the Catholic Church meant for Christians and is not meant for persons professing the religion of Islam. In fact, the second condition imposed by the minister, that is endorsing the word 'Terhad' and that only distribution is in churches.

No propagation to non-Muslims

"It must mean there is no propagation among persons professing Islam," the lawyer stressed.

The Minister's decision seems to turn guidelines for getting a publishing permit into a rule by which it may shut down and shut out bodies which publish dissenting views.

Muslim groups, such as the state Islamic councils for the Federal Territory, Selangor and Penang among four others and the Chinese-Muslim association, which had been removed from the suit between The Herald and the Home Minister by the High Court previously, returned today in another bid to stop the suit.

They put in a fresh application to intervene before High Court judge Datuk Lau Bee Lan in her chambers this morning, which delayed the hearing from taking place in open court for almost two hours.

Porres the judge said she would reserve judgment on the Muslim groups for later.

Malaysia forces detainees to eat grass!!

by Nathaniel Tan

How can we call ourselves in any way civilised? MK:

Dr Anis Salwa Kamarudin of the Health Ministry’s public health division said the cases are linked to certain habits of detainees, such as eating grass and walking around barefooted.

“Some of these detainees like to eat grass which grows in the camp (compound),” she said in a written response on how the disease spreads and what measures are being taken to prevent the incidence of communicable diseases in immigration detention centres.

In May, two detainees died of leptospirosis at the Juru immigration detention centre, while six more succumbed in August at the KLIA immigration detention depot.

Anis explained that infection occurs either directly through contact with urine or tissues of animal carcasses, or indirectly through the contaminated environment soil, water, drainage and plants.

:|

Detainees….. LIKE……. to eat grass?

w.t.f. is wrong with this “dr?” How many people walking this earth “like” to eat grass?

MK pictures of life in detention centres:

I’ve been to some of these places, and yes they are that bad.

Yes, we do sometimes have a large number of undocumented migrants, but is this the way to deal with them?

All these human beings – whose lives are no less valuable than yours or mine – want to do is to work and make a decent living, like any soul anywhere.

We can’t think of a better solution than to keep them penned up like animals, doing nothing all day except eat grass to stave off hunger?

Can you imagine the mental torture that aggravates the intolerable physical conditions of being trapped in such a place for months or years?

Like to eat grass indeed. I think that maybe those responsible for this appalling violation of human rights should be put on a diet of shit infested grass for a month to see how they like it.

My Daughter The Terrorist:

By Beate Arnestad (CNN)

Editor's note: Below is a compelling blog post that looks at the 26-year long civil war in Sri Lanka from the perspective of a filmmaker who met two young Tamil women planning to be suicide bombers. We do not know for sure what happened to the two women she interviewed, though there is a report both survived the war. We know even less about most of the suicide bombers' victims, many of them possibly innocent civilians from the Sinhalese majority in Sri Lanka. What we do know is that the war is finally over, after the loss of more than 70,000 lives and the displacement of hundreds of thousands of people.

Filmmaker Beate Arnestad with the mother of Darshika – a young woman who joined the Tamil Tigers in Sri Lanka.

For a few years I lived in paradise: in a tropical environment on an island called Sri Lanka. Every morning I woke up in my four-post bed in Colombo –watching the dawn creeping in through my mosquito net and listening to the awakening sounds of all the tropical birds greeting a new day. I had moved to Sri Lanka from Norway because my husband had been posted there.

But paradise was not perfect. There were many slum areas and stray dogs eating garbage. There were countless beggars, dirty street children and pollution. There was also an unavoidable military presence.

There was a ceasefire in effect, but the city was not back to normal. Every major street was patrolled by heavily armed soldiers. "What do they fear?" I asked.

The reply was always the same: "The terrorists, the Black Tigers, these crazy suicide bombers."

I found there was very little written on the group except that they had begun operations in 1987, that about 30% were believed to be female, and that their most famous action was the murder of Rajiv Gandhi in 1991. Therefore, I decided to make a documentary film and find out more about this group.

I was told that my chances of success were poor, and that the Tamil rebels, the LTTE, lived in utmost secrecy in the jungle of the guerrilla-controlled areas in the north. Nobody from the outside world could get in touch with them, but somehow I managed.

I recall at one military checkpoint, an inspector told me, "Madam, I wouldn't advise you to leave the government controlled area. On the other side, there is no one to protect you."

"I will be fine," I said with a smile.

When I got to the area controlled by the Tigers, I first saw the Tiger banner, then the cadres in their striped uniforms. The females had their long hair tied up like a braided pretzel. "We're so happy you made it safely to our side," they said. "We will look after you and you will be safe here."

The war-torn territory was full of red signs warning about landmines. There were no five-star hotels; only vacant paddy fields and the untamed jungle reclaiming what once had been buildings but were now ruins of war.

For many months, I traveled in and out of my two worlds, continually trying to convince the Tigers to accept my proposal to make a film on my conditions – which meant no censorship and no screening for their approval. I wasn't interested in talking to leaders and politicians. I was interested in those who had no other alternative but to remain in the war zone – the true victims of war. Eventually the Tigers agreed.

In order to select my main characters, I had asked the guerrillas to organize a kind of casting call for a film about suicide bombers. It was a strange experience. After interviewing 20-30 girls, I decided on Darshika, a 24-year old Catholic beauty and her best friend Puhalchudar. Their friendship was also very special as they had been living and fighting together every day for seven years.

What was the difference between freedom fighters and terrorists? And who decided? As I became more and more drawn into their world, such questions demanded consideration.

As we prepared to begin filming, I asked the girls about their morning routine. "We get up at 4am and then we exercise," they said. "Fine," I said, "We'll be there."

We quickly learned they led a disciplined, Spartan existence. They slept in a tiny room on mats on the floor. When they got up, they braided each other's hair, and then began their early morning karate session. Both had black belts and were eager to impress me with their skills.

With the camera rolling, they explained how they trained to be suicide bombers. They talked about putting on a claymore bomb vest and planning for their own deaths. They explained how once the bomb exploded, their heads would separate from their bodies and take flight – their bodies reduced to tiny pieces.

"How do they select who will take a particular mission?" I asked the girls. They explained that they usually played spin the bottle; the one who wins is chosen, but they were all were eager to be selected. They were also eager to talk.

None of the girls who had been trained to be suicide bombers the previous year were still alive. My subjects were only alive because of the ceasefire.

Eventually, I came to understand that there was no real difference between a normal Tiger cadre and those preparing for suicide attacks. They all expected to die – either in battle, by blowing themselves up, or by biting the cyanide capsules they all were instructed to swallow instead of submitting to capture.

The girls constantly tried to impress me with their toughness. I knew they were not just killing machines, so I asked them directly, "Are you not human beings. Don't you have hearts?" They were surprised at the question and replied that, of course, they had hearts, but, "We can't touch it. There is too much pain in the chest."

Darshika took me to her church; actually mere ruins of a church on a beautiful beach. She knelt in front of the statue of Virgin Mary – which had not been destroyed – and cried, prayed and asked for forgiveness. All at once, her tragic childhood story poured out; how she had seen the churches bombed and the people seeking shelter turned into a bloodbath; how no one could protect them from being slaughtered like animals. That's why she had decided to join the struggle: she would rather die fighting for a better future than being butchered. She had wanted to become a Catholic nun, and now she would sacrifice her life, just like Jesus.

Her friend, Puhalchudar, broke down when she showed us the horrific conditions in a refugee camp – similar to the one she had been displaced to. She told me that rather than a life of slavery, she would fight to liberate her people.

After this, the relationship with the girls changed. I felt almost maternal towards them. When we traveled, I gave them my soft cushions. And they would fall asleep like babies in the car. They were vulnerable children and also deadly weapons. My feelings for them were truly mixed.

I also met Darshika's mother. She must have been my age, but her life was so different. She talked about bringing up a family in the middle of a brutal and never ending war. She only had the one sari she was wearing. Her handbag was absolutely empty. Darshika had disappeared when she was 11 or 12 years old, and her mother really didn't know her anymore.

Our intention was to follow the girls for a longer period and to come back in a few months for further filming. Little did we know that this was the last time I would see them.

I went back to my normal life in Colombo. Whenever I contacted the Tigers, they said: This is not a good time to come, please call later. I called and called until I realized the girls had been transferred for good. I was told that they were planning a mission, and there was no way I could find them.

Six months later, I went with the crew to film a Heroes' Day celebration. This is the time where Tamil Tigers and their supporters gather at cemeteries to honor those who have died for their country. They decorate the tombstones with flowers and light candles, they cry and pray beside the graves. Photos of the new martyrs are displayed. There are also parades.

While looking for the girls, I saw Darshika's mother. She was also searching for her daughter. We agreed to meet in the church the next day. When I showed her footage of her daughter, her eyes filled with tears. "Seeing her is almost like being with her," she said. This was the last time I saw her as well.

A few months later, the war resumed. I returned to Norway to put together my documentary. The Tigers never responded to my calls or emails. A few months later, I got news that someone had seen the girls – and to my surprise, they were very much alive.

On the other hand, I was told Darshika's mother had been killed. After the release of the film, Sri Lankan authorities had identified her as a Black Tiger Mama. Some people believe that is the reason she was executed.

The Tigers lost their struggle. It is believed that thousands died in combat and that thousands died due to shelling and air raids. Toward the end of the war, the entire Tiger controlled population (approximately 300,000) was driven into a small strip of land by the sea. No one from the outside world had access to the war zone. It is believed that thousands again lost their lives as there was starvation and heavy fighting, and no place to hide.

By May 17th, the Tigers' battle was forever lost – their leaders killed and the entire civilian population driven into war camps. There are no words to describe their losses and sufferings.

Beate Arnestad is the filmmaker behind various documentaries, including “My Daughter The Terrorist.”

Kula lodges report against Utusan's 'seditious' article - Malaysiakini

Member of parliament for Ipoh Barat M Kulasegaran today lodged a police report against Malay daily Utusan Malaysia over an article deemed to be seditious and irresponsible.

Kulasegaran, also the DAP vice-chairperson, named the daily and its writer Awang Selamat over the article which he claimed can incite racial hatred and cause public unrest in this country.

The article was published yesterday in the daily's Sunday edition Mingguan Malaysia and touched on the issue of Malay supremacy. The article also questioned Kulasegaran for allegedly questioning the issue of Malay supremacy.

The report was lodged at the Dang Wangi district police station at about 2pm. Kulasegaran was accompanied by DAP's MP for Teluk Intan M Manoharan, MP for Seremban John Fernandez and Kuching MP Chong Chieng Jen.

In his report, Kulasegaran said that he had never questioned the special privileges as set out in Article 153 of the federal constitution or any rights of the Malay rulers.

"We urge Utusan not to play with fire," he told reporters outside the police station, after making the report.

'This is my country too'

Kulasegaran said that Awang can be misguided and have a wrong understanding of the Malay supremacy concept, but he must not make baseless, false and dangerous accusations against him and DAP.

Also present was A Rajaretinam, president of the Federation of Malaysian Indian Organisations, better known as Prima. He questioned why the paper played the racial card, inciting racial animosity.

"We are all Malaysians and this is my country as much as yours," he said.

He also questioned the lack of action by the Home Ministry against Utusan. He said that if it was published in another newspaper, the publication would have been asked for a show-cause letter.

Further, he told reporters that the Malaysian Indian NGOs will stage a protest against Utusan Malaysia later this week.

Senator S Ramakrishnan who was also there says the article is a form of racial incitement and that this sort of reporting should stop.

Looking for Deepak

Rahim Noor on Peace Accord and Chin Peng - Part II

Kula lodges report against Utusan's 'seditious' article

HRP’S S. Jayathas arrested by UMNO mandore Indian policemen.

HRP’S S. Jayathas arrested by UMNO mandore Indian policemen.

Once again UMNO used it’s Indian mandore policemen to arrest Hindraf activist. One Indian DSP mandore Jude Pereira and a couple of other Indian civil clothes police mandores did the job (refer Makkal Osai 14/12/09 at page 6).

Hindraf, masked police & tinted unmarked car @ 2nd BLACK ISA arrest march.

Hindraf, masked police & tinted unmarked car @ 2^nd BLACK ISA arrest march.

As soon as Hindrafs’ second black anniversary ISA arrest of four Hindraf lawyers march started at 2.30 p.m on 13/12/09, a plain clothes masked policeman appeared from nowhere. We believe he came out from a fully tinted unmarked police car. This policeman quickly pulled his mask to his neck when our photographer was about to take his photo (see photos below). We hope it was not a Malay – sian police shoot to kill Indians operasi!

Malay – sian police blockade of Bangsar hindu temple.

Malay – sian police blockade of Bangsar hindu temple.

As prayers was being held at the Bangsar Nageswari Amman hindu temple at about 2.30 p.m on 13/12/09 to mark the 2^nd Black Anniversary of the arrest of the four Hindraf lawyers on 13/12/07 and for the fulfillment of Hindrafs’ 18 point demands, the Malay – sian police held a blockade and cordoned off the temple from the public eye (see photo below). For what motive? Was there supposed to be some “operasi”. This is UMNO Prime Minister Najib Razak’s One Malaysia.

P. Uthayakumar.

PDRM : RM1 Billion 2010 Budget for 1 anti ISA badge! of Hindraf activist.

PDRM : RM1 Billion 2010 Budget for 1 anti ISA badge! of Hindraf activist.

Yesterday the 13^th day of December 2009 marked the 2^nd year black anniversary of the arbitrary and unlawfully detention of the four Hindraf lawyers under the draconian International Security Act (ISA) on 13/12/02007.

What is puzzling is that the police who have been allocated RM 1 Billion for the 2010 national budget had put up road blocks along Jalan Bangsar, galvanized 50 uniformed and un-uniformed policemen, ten police patrol and unmarked cars, two platoons of riot police in riot gear with two accompanying jeeps, all just to arrest 1 HRP Information Chief S. Jayathas and then to confiscate just 1 Hindraf anti ISA badge at the Jalan Travers police station.

Even the ground commanding senior police officer Superintendent (Supt) Azri did not know the grounds of S. Jayathas arrest when asked for the same by P. Uthayakumar. The Supt merely said “siasatan awal” but when pressed “siasatan awal” for what offence he had no answer to which P. Uthayakumar retorted “so you do not know the law? (or more like “so you abuse the law in a high handed manner”)

MIED IN THE DOCK

The Malay Mail,

Trustees have 30 days to account for financial losses and abuse of power

Frankie D'Cruz

KUALA LUMPUR: The MIC’s billion-ringgit educational flagship Maju Institute for Education Development (MIED) is in turbulent waters, following a legal notice against its eight trustees by one of its own members alleging serious irregularities, ranging from financial mismanagement to abuse of power.

The action, by prominent lawyer politician S. Vigneswaran, is expected to open the vault of “secrets” in the alleged issue of personal loans of some RM100 million to individuals, company officials and at least one trustee.

Alleged flaws in awarding contracts for the construction of MIEDrun Asian Institute of Medicine, Science and Technology University (AIMST) University in Semeling, Kedah, would also come under scrutiny.

The trustees, including chairman and MIC president Datuk Seri S. Samy Vellu, have 30 days to account for financial losses, abuse of power and other alleged discrepancies under the Companies Act.

Sources said prominent individuals with close links to MIC leadership and former political leaders would be asked to explain their role in this fiasco that has wrecked the credibility of the party and the MIED that operates on government grants and public donations.

Vigneswaran, a former MIC youth leader and current MIED member, yesterday confirmed that he had launched the derivative action under Section 181 of the Companies Act 1965 against the eight trustees.

The section allows MIED, as an entity, to sue to recover or punish its trustees, directors and officers for losses, fraud, negligence and other failures.

Vigneswaran, who is also coordinator of the Barisan Nasional Supporters Club, that deploys youth support for the government during by-elections and political events, said he was exercising his rights as a member to “right the wrong”. He declined further comment.

The eight trustees are Samy Vellu, deputy MIC president Datuk G. Palanivel, former Senate president Tan Sri G. Vadiveloo, former MIC vice-president Tan Sri K.S. Nijhar, former MIC treasurer-general Tan Sri M. Mahalingam, former MIC vice-president Tan Sri M. Kumaran, Tan Sri K. Ampikaipakan and Datuk Dr T. Marimuthu.

Vigneswaran is seeking damages on behalf of MIED for losses to the company arising from:

● The trustees giving out loans on interest in contravention of the company’s Memorandum and Articles of Association without a money-lending licence.

He contends that such acts are void loan transactions that have and are resulting in the company suffering losses estimated at more than RM90 million.

● The trustees sanctioning loans and withdrawals for the company’s and/or its subsidiaries’ director and/or officers and/or their nominees in contravention of the company’s Memorandum and Articles of Association.

This, he claimed, resulted in more than RM10 million in losses to the company.

● The trustees’ breach of fiduciary duties and breach of trust, whereby the company suffered losses from transactions and contracts awarded to the construction of AMIST University, the nation’s first private university.

● The trustees appointing fellow trustee Vadivello to a salaried office of the company and in making an unauthorised payment of RM350,000 to him.

● Their action in holding office as a trustee for the current year in breach of Section 143 of the Companies Act, and clause 12 (b) and clause 17 of the company’s Articles of Association.

● Their action to operate the board with an unlawfully constituted composition of the board resulting in the company being exposed to adverse legal position.

He noted that Samy Vellu, Mahalingam, Nijhar, Marimuthu, Vadivello and Kumaran having retired by virtue of section 129(2) of the Companies Act have been operating with no resolution passed for the current year to re-appoint them annually since their respective retirements.

An AGM should have been convened last year, to obtain the sanction of members to allow the six trustees, who were already above the age of 70 in 2008, to continue in office for the year 2009.

MIED is not a business entity. It is a Section 24 company, or a trust organisation that is limited by guarantee.

There are many limitations on what MIED can and cannot do, and has a board of trustees instead of directors who are elected by the life members.

The assets of the MIED, whose core business is providing study loans, includes Institute Teknologi Negeri and Vanto Organisation which were once wholly owned by MIC.

The institute sourced millions of ringgit from the Indian community, received about RM300 million from the government and acquired a RM220 million loan from Bank Pembangunan Malaysia to build the AIMST campus on a 228-acre site in Semeling. The cost of construction ballooned from an initial RM230 million to close to RM500 million.

Nijhar wants matters resolved internally

MIED founder member and trustee Tan Sri K.S. Nijhar has asked members not to “put the cart before the horse” in the crisis that has besieged the educational institute considered MIC’s jewel in the crown.

He requested that members could still resort to external intervention if their grievances were not resolved internally at general meetings that would be called soon.

Nijhar sent a text message to MIED members, a copy of which was also sent by him to The Malay Mail, following the letter by S. Vigneswaran to the trustees and another from Datuk S. Subramaniam to the Companies Commission of Malaysia.

He noted that eight members of the MIED, all non-trustees, out of a total of 30, have asked the trustees to call for general meetings to resolve outstanding issues.

The trustees, he said, are meeting soon to discuss this request and that irrespective of any views on the legality of the board, the dates and agenda for the adjourned AGMs and other general meetings would be fixed soon.

He said letters by Vigneswaran and Subramaniam would be tabled at these meetings, and the two could raise issues and decide on the course of action to be taken on each of the matters.

“I would request that in the interest of MIED that these matters be resolved internally.”

Safeguarding the interest of members

SECTION 181 is a statutory derivative action introduced by Parliament in 2007 that allows members of organisations and minority shareholders to act to safeguard their interest and that of the corporation against abuse, mismanagement, fraud and losses, but without incurring a huge personal cost.

The court decides on the issues brought before it and decides to grant leave or otherwise to proceed with the class action.

The section allows MIED, as an entity, to sue to recover or punish its trustees, directors and officers for losses, fraud, negligence and other failures.

The law requires the person taking the class action to give 30 days’ notice to affected officers for them to respond or take action before an application is made to the court for remedies.

Want to know what the Jaikishan brothers look like?

NO HOLDS BARRED

Raja Petra Kamarudin

Looking for Deepak: see video here (http://www.youtube.com/watch?v=aAvpXciH0b0)

Cakap Orang Puteh

Malaysians have an extremely important role of mastering English to acquire knowledge at a faster pace to ensure there is no 're-colonisation' of the country, said Tun Dr Mahathir Mohamad. (Bernama: read more here)

NO HOLDS BARRED

Raja Petra Kamarudin

MACC dragging feet in P.I. Bala case

(Free Malaysia Today)

KUALA LUMPUR: The lawyer for private investigator P. Balasubramaniam recently offered his help to the Malaysian Anti-Corruption Commission (MACC) in its investigation into his client’s allegations of blackmail and bribery that implicate people close to the Prime Minister and his wife.

Americk Sidhu emailed MACC officer Abdul Rahman Bachok last Dec 4 and again on Dec 10, saying he could secure Bala’s cooperation in the investigation.

However, apart from a phone call from Abdul Rahman on Dec 8 to confirm the email sender’s identity, Americk has not received any response from Abdul Rahman or the

MACC, fugitive blogger Raja Petra Kamarudin reports in a blogpost today.

“It appears like they are stumped and do not know what to do,” said Raja Petra, who is in self-imposed exile from Malaysia.

“To respond would mean that the MACC would have to meet Bala and take his statement, which is clearly something they would not like to do.”

Raja Petra–popularly known as RPK—suggests that the MACC is hoping that Bala is not contactable so it can close the file and declare that it is not able to proceed any further in the investigation.

Last Dec 3, Parti Keadilan Rakyat (PKR) Youth leader Shamsul Iskandar Mohd Akin lodged a report with the MACC, asking it to investigate Bala’s revelations, posted on YouTube and widely reported by online media, but ignored by Malaysia’s mainstream newspapers, which are either aligned to or controlled by the ruling elite.

Bala, a former police officer, reaffirmed a sworn statement he made on July 4, 2008, which alleged a link between Prime Minister Najib Abdul Razak and murdered Mongolian model Altantuya Shaaribuu.

However, he said, he was blackmailed and bribed into issuing a second statutory declaration contradicting the first and into leaving Malaysia.

Following Shamsul’s report, the MACC asked him to help locate Bala, and Shamsul said he would contact Bala’s lawyer.

RPK suggests that the MACC was still deciding how to respond without hurting Najib’s future.

Anwar defends his views in leaked BTN video

By Asrul Hadi Abdullah Sani - The Malaysian Insider

KUALA LUMPUR, Dec 14 — Datuk Seri Anwar Ibrahim stood by his views contained in a leaked video of the National Civics Bureau (BTN) which was made available in Umno-owned blogs, saying its courses have gotten worse now.

A video dated in the early 1990s, shows Anwar (picture) defending Malays' special privileges and saying these rights should not be questioned by non-Malays.

“In the historical context during our agreement in 1957, we gave citizenship to the immigrants (pendatang). Since we have given them (immigrants) citizenship, the question of the Malay’s special privileges should not arise,” he said in a video-taped BTN session.

The opposition leader and former deputy prime minister says he has nothing to hide and blames BTN for leaking the videos.

“I don't have any problems with that because I know (of it).

“I would anticipate that BTN in its crooked ways will not dare release all the videos of all the speeches. So what they would do is selective and will quote out of context and release," he told reporters in the Parliament lobby today.

“I will defend my position. That was the position then as I know as Umno vice-president or deputy-president, it has gotten worse since 98, this selective release is actually by BTN because they don't have the courage to deal and face (it) head on. So they leaked to Umno bloggers,” he added.

Anwar also challenged BTN to release videos of other Umno leaders in the civics course.

“If they have the courage, they should release all of the speeches. I want to hear the speeches of all the leaders including mine. They would not do this because this is typical BTN methods of cowards,” he added.

BTN has come under public scrutiny recently after Pakatan Rakyat-ruled Selangor prohibited state civil servants and students in state-owned institutions of higher education from attending its courses, claiming that they were indoctrination camps by the Barisan Nasional government — aimed at brainwashing Malaysians to hate opposition parties.

PR leaders and former participants have also claimed that the courses were racist and emphasised the idea of Malay supremacy.

Nizar says Ketuanan Melayu is unIslamic

By Clara Chooi - The Malaysian Insider

IPOH, Dec 14 — The recent spate of racial politicking allegedly instigated by non-Malay politicians in the Opposition, seems to have triggered an internal war among the Malay community, creating a widening rift between two factions — the pro-Pakatan Rakyat (PR) Malays and the pro-Barisan Nasional (BN) Malays.

The chasm was further proven today when, in a press conference at the Perak DAP headquarters this afternoon, ousted Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin (picture) came to the defence of his non-Malay comrades in the PR and condemned the concept of “Malay Supremacy”, adding that it was an “un-Islamic” ideology.

He also urged his fellow Malays to open their eyes and see the BN's or Umno's ploy in using the concept to create a wave of protest against the PR alliance.

“As far as we in PAS are concerned, the entire concept is utter rubbish. There is no such thing as Malay supremacy but what it really is is Umno supremacy,” he said.

He said that PAS, even as an Islamist party, had never been an advocate of such a concept and this stand had been undertaken by the party's spiritual adviser Datuk Seri Nik Aziz Nik Mat many years ago.

Nizar added that “Malay Supremacy” was anti-Islam and that any Muslim who committed treachery against Islam would be punished in one way or another.

“They will not go unpunished,” he said.

The Bukit Gantang MP added that the Umno Malays were presently attempting to distort all statements and actions taken by the non-Malay politicians in the PR, in order to create a false impression that they were “anti-Malay”.

“They are doing this everywhere and trying to get the Malays to believe them.

“Look at the incident of the frog doormat — they claimed that it was an act of the Chinese stepping on the faces of the Malays,” he said.

In the incident, the Perak DAP had been criticised for stepping on the pictures of PR defectors Jamaluddin Mohd Radzi, Mohd Osman Mohd Jailu and Hee Yit Foong during its annual convention in Ipoh recently.

Nizar was speaking out for his non-Malay colleagues in the PR — Taiping MP Nga Kor Ming and Ipoh Barat MP M. Kulasegaran — both of whom had come under fire lately for allegedly making “racial” statements in Parliament.

In Kulasegaran's case, the DAP national vice-chairman had said that the New Economic Policy and the concept of “Malay Supremacy” were obstacles in the quest to achieve racial unity in the country.

Nga, on the other hand, became the recipient of severe criticism when he spoke against the BN government's generous allocation for the construction of mosques in the country.

He had said that between the years 2000 and 2008, the government had spent RM748.26mil on the construction of 611 mosques but had failed to build any churches or Chinese and Indian temples in the same period.

Nga's statements had irked many negative responses especially from the Malay community and a series of police reports lodged against him as well as bad publicity in the local mainstream Malay media.

One particular newspaper has come under intense scrutiny by the Perak DAP secretary however — Utusan Malaysia — and Nga today lodged a police report against writer Awang Selamat and the publication for disseminating false information.

In his report, Nga used the Sedition Act 1948 and Section 506 of the Penal Code (criminal intimidation) against both parties, saying that the accusations made in the articles were baseless and grossly untrue.

He scoffed at the quality of the Malay daily and called it mere “toilet paper”.

“A newspaper without integrity is as good as toilet paper. They seem to have allowed themselves to enjoy this reputation,” he said, during the press conference alongside Nizar today.

Nga's report today was over an editorial by Awang Selamat published yesterday, which claimed that the DAP had plans to oust the Malay Rulers and turn Malaysia into a republic.

The article also accused the party's leaders of challenging the position of Islam as the country's official religion and claimed that they were attempting to rewrite the Constitution.

“He (Awang) also urged Kulasegaran to go back to India where he belonged and me to go to Singapore, Taiwan or Hong Kong,” said Nga.

The enraged Pantai Remis assemblyman said that such views were not representative of the entire Malay community, which he said were generally a friendly lot.

“I firmly believe that they are not qualified to represent the Malays. To the best of my knowledge, the Malays are well-natured, friendly, peace-loving, grateful and hospitable people.

“But these chaps in Utusan and in Umno, those who urinated on posters of us, they are not qualified to represent the general Malays. They bring shame to Islam,” he said.

Nga urged the Malay community to rebut the actions of their pro-BN brethren so that no more acts that tarnished the name of Islam as a religion would performed again.

Nga also said that he would initiate legal action against Utusan Malaysia and file a defamation suit soon.

“Should the case be won and damages be awarded to me, I will donate everything to the construction and refurbishment of mosques in Perak,” he said.

His suggestion was lauded by Nizar, who went further to suggest that any extra could go towards the construction of a mosque bearing Chinese architecture.

Nizar also added to the media conference that Nga was not a person who would criticise Islam or question the rights of the Malays.

“He is in full support of the construction of mosques and his only contention was on the point that fair consideration should be given to the construction of places of worship for all other religions.

“I myself have always been a believer of this,” said Nizar.

Usul Berkenaan Kejatuhan Ketara Pendapatan Petronas

USUL MENANGGUHKAN MESYUARAT DI BAWAH PERATURAN 18(1)

Saya, YB Dato’ Seri Anwar Ibrahim [Permatang Pauh] akan mencadangkan.

“Bahawa Dewan ini hendaklah ditangguhkan bagi membolehkan Dewan ini membincangkan Laporan Kewangan Petronas separuh tahun pertama 2009 yang menunjukkan kejatuhan ketara pendapatan Petronas sebanyak RM58 billion atau 37.5% berbanding masa yang sama tahun lepas yang diumumkan semalam yang menjejas kedudukan ekonomi, kewangan dan bajet 2010 Negara yang sedang dipertimbangkan oleh Dewan yang Mulia ini sekarang.”

Petronas telah mengumumkan laporan kewangan setengah tahun pertama tahun 2009 (1 April 2009 hingga 30 September 2009) semalam, 9 Disember 2009. Daripada intipati laporan ini pendapatan Petronas telah jatuh dengan begitu ketara, RM58 billion atau 37.5% berbanding masa yang sama tahun lepas.

Dalam belanjawan 2010 yang sedang dipertimbangkan oleh Dewan yang Mulia ini kerajaan bergantung lebih daripada 40% hasil pendapatannya daripada cukai dan dividen Petronas. Laporan Kewangan Petronas yang diumumkan semalam menyebabkan bajet 2010 yang sedang dipertimbangkan sekarang tidak lagi sesuai dan perlu diubahsuai untuk mengambil kira kedudukan kewangan semasa Petronas.

Oleh kerana kerajaan bergantung lebih daripada 40% hasil pendaptannya daripada cukai dan dividen Petronas, maka bajet 2010 yang sedang dipertimbangkan oleh Dewan yang Mulia ini melibatkan seluruh rakyat Malaysia. Ia melibatkan perbelanjaan dan perbekalan oleh kerajaan melalui pelbagai kementerian dan agensi kerajaan. Ia juga menjejas warga peniaga yang berurusan dengan Petronas dan pengguna hasil keluaran Petronas.

Laporan kewangan Petronas ini mencemaskan kedudukan ekonomi, kewangan dan bajet 2010 negara yang perlu dibahas dengan segera. Ia bukan sahaja melibatkan kejatuhan pendapatan tetapi juga cukai, dividen, pelaburan semasa dan masa depan, kedudukan rezab carbon baik dalam dan luar Negara, dan strategi kerajaan dalam mengolah masa depan ekonomi. Kerajaan perlu mengambil kira pendapat dan pandangan semua pihak baik penyokong maupun pembangkang dalam menangani krisis ini.

ANWAR IBRAHIM
KETUA PEMBANGKANG
DEWAN RAKYAT MALAYSIA

Video BTN: Propaganda Mereka Yang Gentar

From The Malaysian Insider
By Asrul Hadi Abdullah Sani

KUALA LUMPUR, Dec 14 — Datuk Seri Anwar Ibrahim stood by his views contained in a leaked video of the National Civics Bureau (BTN) which was made available in Umno-owned blogs, saying its courses have gotten worse now.

A video dated in the early 1990s, shows Anwar (picture) defending Malays’ special privileges and saying these rights should not be questioned by non-Malays.

“In the historical context during our agreement in 1957, we gave citizenship to the immigrants (pendatang). Since we have given them (immigrants) citizenship, the question of the Malay’s special privileges should not arise,” he said in a video-taped BTN session.

The opposition leader and former deputy prime minister says he has nothing to hide and blames BTN for leaking the videos.

“I don’t have any problems with that because I know (of it).

“I would anticipate that BTN in its crooked ways will not dare release all the videos of all the speeches. So what they would do is selective and will quote out of context and release,” he told reporters in the Parliament lobby today.

“I will defend my position. That was the position then as I know as Umno vice-president or deputy-president, it has gotten worse since 98, this selective release is actually by BTN because they don’t have the courage to deal and face (it) head on. So they leaked to Umno bloggers,” he added.

Anwar also challenged BTN to release videos of other Umno leaders in the civics course.

“If they have the courage, they should release all of the speeches. I want to hear the speeches of all the leaders including mine. They would not do this because this is typical BTN methods of cowards,” he added.

BTN has come under public scrutiny recently after Pakatan Rakyat-ruled Selangor prohibited state civil servants and students in state-owned institutions of higher education from attending its courses, claiming that they were indoctrination camps by the Barisan Nasional government — aimed at brainwashing Malaysians to hate opposition parties.

PR leaders and former participants have also claimed that the courses were racist and emphasised the idea of Malay supremacy.

Rejected: Motion on lower Petronas profits

Malaysiakini

Opposition Leader Anwar Ibrahim failed in his bid today to move a motion in the Dewan Rakyat to debate the significant dip in the profits of national oil and gas company Petronas.

Deputy speaker Wan Junaidi Jaafar decided that the matter is not sufficiently urgent to be debated, although it is an issue of public importance.

Unhappy with the outcome, Anwar (PKR-Permatang Pauh) pointed out that it is important for the House to debate an issue which will have a huge impact on the economy.

Petronas’ net profit before tax for the first half of the financial year was RM31.2 billion, compared to RM63.3 billion in the same period last year, he said.

Its revenues dipped by 37.5 percent to RM98.2 billion from RM157.2 billion. The drastic decline in crude oil prices at around US$75 (RM255) per barrel had affected its income.

In short, he argued, the 2010 Budget tabled in Parliament last month will be short of about RM57 billion.

When tabling the motion, Anwar said the budget relies on Petronas for more than 40 percent of the national revenue from tax and dividends. He therefore called for the budget speech to be re-tabled for debate.

It is important for Prime Minister Najib Abdul Razak, who is also the finance minister, to explain the issue to the people, he said.

“Our position is not to ask for a total revamp of the budget, but the government has to explain if there will be any reduction of the allocations,” he said.

Small concession won

Unconvinced with this argument, Wan Junaidi said the prime minister would have already considered the matter when he tabled the budget speech.

“The government has taken into consideration that oil prices have fallen this year. So there is no need to debate the motion. Petronas has assured that it can pay the dividend to the government,” he said.

Responding, Lim Kit Siang (DAP-Ipoh Timor) sarcastically asked if Wan Junaidi is qualified to speak on behalf of the prime minister.

Remaining unperturbed, the deputy speaker merely said that the motion is not urgent enough for debate.

At this juncture, other opposition parliamentarians stood up to argue about the decision, causing a stand-off that lasted almost 30 minutes. Wan Junaidi stuck to his decision.

Eventually, Lim said that Najib should be told to explain the situation in his winding-up speech, or at very least, issue a statement.

Enhancing The Role of Private Sector in Education – Part 3

By M. Bakri Musa

[Third of Six Parts]

[In the preceding two parts I discussed the rationale for private sector participation in education. It would lessen the load on the public sector thus enabling it to focus more on a smaller population. The nimbleness of the private enables it to meet the rapidly changing and necessarily diverse needs of increasingly sophisticated Malaysians. Our public sector institutions are tightly controlled and heavily micromanaged from the center. As such they are unlikely to lead us to excellence, making it an imperative to nurture private institutions. In this third part I examine the role of the private as it is currently. MBM]

The Current Situation

Currently private sector participation is limited to the polar ends of the education spectrum. The private sector has unbridled access to preschool, and increasing liberalization at the post-secondary level. In between (Years 1-11), private sector participation is extremely limited and tightly controlled.

There is no coherent or comprehensive attempt to rationalize the role of the private sector. The result is a hodgepodge mixture of the various elements instead of a cohesive pattern.

Thus instead of an exquisite cuisine with the various ingredients contributing to and enhancing the final flavor, Malaysian education is akin to a stew of leftovers, with a few new ingredients thrown in to put a fresh taste. The final concoction is more like dinner at grandma’s house on the third day of Hari Raya; not quite rancid yet, but not refreshing either.

Private Preschools and Schools

The result of unfettered private sector participation at preschools is this. Some are superb, with the teachers, facilities and results matching the best elsewhere. Then we have preschools located near dumpsites or busy streets, and posing significant dangers to the children. The standard of hygiene is such that outbreaks of foot-and-mouth disease occur with distressing regularities. As for their staff and operators, none are subjected to criminal background checks.

More problematic is that these pre-schools are highly segregated racially, religiously, and socially. Many preach a virulent form of ethnic, religious and other cultural pride that would be inimical to the development of a harmonious plural society. Because of the government’s essentially “hands-off” policy, these sinister developments remain unchecked, and that could haunt us later.

The private sector has a minimal role at Years 1-11. There are a few private religious (mainly Islamic) and vernacular schools but their aggregate contribution is marginal, with the exception of a few excellent, well-endowed independent Chinese schools. There are only about 60 such schools but they send more students to top universities than all the other schools combined.

They may be excellent but their influence on the greater Malaysian scheme of things is severely limited because they make no attempt to broaden their appeal to the other communities. Nonetheless the association representing them is among the most powerful, ready and able to challenge the UMNO ultras.

These private schools receive no formal public funding except at opportune times as during tight election campaigns. Then the government would make a grand show of its on-the-spot generosity. This happens frequently in Penang and Selangor for the Chinese schools, and Kelantan and Trengganu for the madrasahs.

If these excellent independent Chinese schools were to change their mission from being Chinese (meaning, catering primarily to their own clan) and instead be one that happens to use Mandarin as its medium of instruction and then actively seeks students and teachers from the other communities, then these schools would be my ready model for an ideal private school for Malaysia. For that to happen would require a monumental shift in mindset of their leaders. I am uncertain whether they are capable of that.

As for international schools (the other group of private schools), only Malaysian children who previously attended schools abroad (as with children of diplomats) are permitted to apply. Admission requires the permission of the Minister of Education himself, indicating a high-level decision. Consequently only a few Malaysians are enrolled although the demand is great. Of course this being Malaysia, children of the influential have minimal difficulty securing that permission.

Private Post-Secondary Institutions

As for private universities, a seminal development was the Private Higher Education Institutions Act of 1996 permitting the setting of private degree-granting institutions, hitherto the exclusive preserve of public universities. Within the first few years of its adoption there was a mushrooming of private tertiary institutions, with the number zooming to nearly 600 from fewer than 50!

Such an explosive development would tax even the most efficient regulatory agency, and ours is far from being the best. Consequently many of these colleges are nothing more than rented spaces over empty shop lots. They also have the lifespan of mushrooms. Many of the permits were granted to those known more for their political connections and financial might rather than academic weight.

These ‘educational’ institutions do not serve their students or the nation well. They excel only in having the rich part with their hard-earned money. They are not likely to propel the nation into its next trajectory of development. On the contrary, they will weigh us down.

Nonetheless amidst the pebbles there are a few gems, like the local wing of Monash and the University of Nottingham. These institutions have their reputation to protect, and they are precisely the ones Malaysia should encourage and support.

The other noteworthy private colleges are longstanding ones likes Taylor which began initially by catering to the needs of school leavers who could not get slots in public institutions. With the deterioration of public institutions, combined with their exclusive use of Malay, these private institutions expanded their turf to meet the demands of Malaysians wishing to enhance their marketability.

Thanks to their entrepreneurialism and innovativeness, the likes of Taylor have expanded far beyond their initial offerings of ‘twinning’ and external degree programs. Today they grant their own degrees, even graduates ones!

Then there are the major private institutions associated with government-linked companies; Uniten (of Tenaga Nasional) and Petronas are ready examples. They are private in name only, for like their parent GLC, they are under heavy government control.

The major political parties too, UMNO excepted, sponsor their own private colleges. MCA has its Tunku Abdul Rahman College (TARC). The name is its only sop to Malay sensitivity. Meanwhile MIC has its TAFE and AIMST colleges, including (if you can believe it) a medical school! Unlike the Chinese, the Indians love acronyms for their institutions. Also unlike the Chinese, the Indians make no effort to appeal to Malay sensitivity by giving their institutions local-sounding names.

TARC is the oldest, biggest, and most successful. It was MCA’s second choice after Malay ultras scuttled its demands for Merdeka University. Unable to grant degrees, TARC initially focused on preparing its students for globally (principally British) recognized professional qualifications. Because of that, and its emphasis on English, TARC graduates are in demand in the marketplace.

It is the supreme irony, one that has not dawned on many, that those Malay ultras had actually advanced the cause of the Chinese by denying them a university. If those ultras had acceded to MCA’s demands of a Chinese-language university, what Malaysia would have today is another of the old Nanyang University, with its graduates well versed in the ways of ancient China but totally unprepared for the modern marketplace. TARC on the other hand produces sub-professionals with recognized foreign qualifications, precisely what the market needs.

Deficiencies of Private Colleges and Universities

Private Malaysian colleges suffer from three major deficiencies. First, with few exceptions, their academic offerings are wanting. Their degrees and diplomas are heavy on such utility disciplines as marketing, accounting and engineering. As for engineering, I am uncertain of the difference between their degree and a technical diploma. In perusing the syllabus, it is clear that the engineers they produce are mere technicians, not educated professionals.

How could these institutions produce educated professionals when they lack a core liberal arts faculty or unit? How can you teach your students English and learn to think critically when you do not have the basics such as an English or Philosophy Department?

To date no private university has a Department of Malay Studies. I would have thought that having a branch campus in Malaysia would have been an excellent opportunity for Monash and Nottingham to strengthen or establish their Department of Malay Studies.

Most of these private institutions are nothing more than glorified trade schools, catering strictly to the demands of the marketplace. Not that there is anything wrong with that, only that is not what I have in mind with a traditional university.

The liberal arts may have little marketplace value, but in the end that is what separates the graduates and professionals you produce from mere technicians. What makes the great American universities great, including the highly ‘technical’ ones like MIT and Caltech, is their strong liberal arts core and commitment.

I would have thought since these private colleges have limited resources they would husband them and be more focused in their mission. Far from it! They typically have a smorgasbord of academic offerings, from vocational training to secretarial courses, and from diploma to pre-university, twinning, as well as degree and even postgraduate studies. All on the same campus and with the same staff!

Running any one of those programs well would tax even the most talented educator. These private colleges are trying to be all things to all people at the same time, or at least to people who could afford their fees. This miss-mesh strategy is clearly aimed less at improving individual programs, more on maximizing revenue.

Their anemic academic offerings are matched only by their mediocre physical facilities. Many lack the amenities one normally expects of a campus: No auditoria, sports facilities, or students’ dormitories. While even the smallest American campus would have a sports team and a string quartet, even the largest private Malaysian universities do not offer these. For these institutions, anything not related to their students passing their final examinations is deemed irrelevant.

The biggest criticism is that these private institutions contribute to the greater segregation and polarization of Malaysians. They are essentially non-Bumiputra institutions; there is minimal attempt at diversifying the student body or faculty. Worse, these institutions justify their stand by arguing that they are remedying the imbalance of public institutions which are predominantly Bumiputras. Obviously to them, two wrongs would make it right.

Diversifying the student body and faculty is a worthy goal in itself; it is not a sop to Malays. How can these institutions, private or public, prepare their students for an increasingly diverse global marketplace when the learning environment is so insular and limited? You would think that with the predominant Bumiputra population, private institutions would strive to cater to this market niche and at the same time expose their students to the predominant culture.

This racial segregation is worse because it is voluntary. There is no attempt at remedying the situation. Educators in both private and public sectors are content with the status quo. This segregation does not serve our students; it is also inimical to the healthy development of our plural nation.

Our private colleges are satisfied merely in being followers. While it is good for them to have affiliations like twinning and transfer programs with foreign universities, Malaysian institutions must carve their own tradition and path. At present most are content with being ‘feeder schools’ to foreign institutions.

What we need is the development of indigenous private schools and universities that would meet the unique demands of our nation. We can achieve this by adopting the right policies and with appropriate governmental support. In the next three essays I will explore how this could be achieved.

Next: Part Four: The Experience Elsewhere

UMNO Looks Set To Close Year On Stronger Note

By Noor Hayati Muda

KUALA LUMPUR, Dec 14 (Bernama) -- As the end of 2009 draws nearer, Umno looks set to close the year on a stronger note following a successful power transition and party elections back in March.

It was quite a turnaround for the biggest Malay political party in the country which some political analysts and observers predicted would crumble following the disastrous results in the March 2008 general election.

Bouncing back on its feet, Umno owed its newly-found confidence to forge ahead following that political tsunami to former president Tun Abdullah Ahmad Badawi and his successor Datuk Seri Najib Tun Razak.

Abdullah's willingness to expedite the power transition between him and Najib which originally was scheduled for June next year to this year helped soothe ruffled feathers among Umno members and pave the way for its new leadership to plan reforms.

Officially passing the presidency baton to his then deputy on March 28, Abdullah in his last speech as president at the end of the last day of the party's general assembly called on Umno members to close ranks and to forgive and forget.

Meanwhile, Najib who was aware of the party's urgent need for a new lease of life, vowed in front of some 2,000 party delegates to transform Umno and lead them back into the arms of the people.

In his acceptance speech, the seventh Umno president proposed an amendment to the party constitution aimed at curbing money politics in the party as well as making Umno more inclusive.

His speech was well received by delegates as well as Umno's influential former leader Tun Dr Mahathir Mohamad who made a surprise appearance at the end of the last day of the assembly.

The former Umno president who had been shunning previous assemblies before and eventually quitting the party on May 19, 2008, was also instrumental in bringing about changes in the party leadership with his constant criticism against previous leaders.

In its election three days earlier, Umno saw a change of leadership in all three wings while political pundits won big in their prediction for top posts contests.

As predicted, Tan Sri Muhyiddin Yassin triumphed over Tan Sri Muhammad Muhamad Taib for the deputy president post while the favourites for the vice-president posts -- Datuk Seri Ahmad Zahid Hamidi, Datuk Seri Hishammuddin Tun Hussein and Datuk Seri Mohd Shafie Apdal were all returned. There are three vice president posts in Umno.

The election also saw the end of Datuk Seri (now Tan Sri) Rafidah Aziz's reign as Wanita chief when she was defeated by her former deputy Datuk Seri Shahrizat Abdul Jalil with a 227-vote majority.

However, the Youth movement sprang a surprise when its controversial candidate for the chief post Khairy Jamaluddin upset favourite Datuk Mukhriz Mahathir and another candidate Datuk Seri Dr Mohd Khir Toyo, while Puteri members elected Datuk Rosnah Abdul Rashid Shirlin as their new leader.

Meanwhile, Dr Mahathir gave his blessings to the new leadership by applying to rejoin Umno on April 4, a move seen by political analysts would further strengthen the party.

In his effort to strengthen Umno at the states level, Najib made an unconventional move by appointing several top leaders to head state liaison committees instead of the usual Menteri Besar or Opposition Leader in the case of Penang, Selangor, Kelantan and Kedah.

It was seen by political observers as a step to resolve internal conflicts in several states such as Kedah, Perlis and Terengganu.

Seven months after the party election, Umno delegates once again congregated at Merdeka Hall, Putra World Trade Centre, and this time to debate and endorse seven amendments to the party's constitution.

In a clear show of a commitment to change, all of the amendments which included the abolishing of the party's nomination quota system and increasing the number of delegates to vote for top party posts, were accepted unanimously without debate.

Although some expressed concern that abolishing of the nomination quota system would enable every Tom, Dick and Harry to contest for the top posts, Najib in his winding up speech at the end of the assembly pointed out that such a move would motivate present leaders to work even harder to ensure they would remain favourites among members.

"I'm not worried I might lose this post for it is up to the members to decide if I'm worthy of their vote. If I'm a good president, able to serve well, I'm sure party members will make the right decision," he had said.

With more than 400,000 members now able to choose their leaders compared to merely 2,500 previously, Umno is confident money politics in the party will be eliminated eventually.

Although some of these reforms are yet to be implemented, Umno members seem content under the new leadership as the respective leaders go about their duties to bring changes in the party.

All in all Umno now appears to be heading towards the light at the end of the tunnel.

Sulaiman's Resignation As Deputy Tourism Minister Effective From Monday : Najib

KUALA LUMPUR, Dec 14 (Bernama) -- Datuk Seri Najib Tun Razak said he has accepted Datuk Seri Sulaiman Abdul Rahman Abdul Taib's resignation as Deputy Tourism Minister on personal grounds and that it would be effective from Monday.

The Prime Minister said the decision to accept Sulaiman's resignation was made after discussions with Sarawak Chief Minister Tan Sri Abdul Taib Mahmud, who is also the Sarawak Barisan Nasional (BN) chairman.

"However, Datuk Seri Sulaiman will continue to remain as the Member of Parliament for Kota Samarahan.

"I wish to thank Datuk Seri Sulaiman for all his contributions. I also hope he will continue to contribute in his capacity as a BN elected representative," Najib said in a statement here on Monday.

Sulaiman, 41, who is also the son of Taib, was appointed as deputy minister on March 19, 2008 when Datuk Seri Abdullah Ahmad Badawi was the prime minister, and when Najib took over as prime minister in April this year, Sulaiman was retained in his post in the new Cabinet line-up.

Sulaiman made his election debut in the 2008 general election and won the Kota Samarahan seat after he defeated Hussain Abang Apok of Parti Keadilan Rakyat (PKR) with a majority of 11,411 votes.

Refugee Camps in the Basement of the Duta Complex

Loyar Burok

By Richard Wee

This post is reproduced from here.

With the impending year-end holidays on the horizon most lawyers are trying to finish up their work for the year. However, a significant number of lawyers would have no such opportunity in the Lower Courts for the last month. The introduction of the famed Tracking system in the Subordinate Courts (i.e the Session and the Magistrates Court’s), has now created a temporary refugee camp at the newly created managing judge zones. At least refugees would be queuing for a new life. Our lawyers are queuing up for another date to come back and queue again.

For those lawyers and members of the public who don’t understand this tracking system, let me attempt to explain our predicament. My following opinion has no relevance to the criminal subordinate courts who have been spared this latest attempt at achieving statistical efficiency.

There are many Civil Magistrate Courts and Session Courts that if you added them altogether you would have about 20 or so courts. Each court has its Judge (for Sessions Court) and Magistrate (for Magistrates Courts). Each of them would have about 10,000 to 50,000 files to go through every year. Most of these are small or standard claims which can be disposed off fairly quickly. Before the pre-tracking days, the Judge or Magistrate who would manage the Court and fix cases for hearings/trials. Admittedly, some courts are slower than the others; but eventually, matters move. I would have thought that it would have been better to tweak that system, instead of replacing the entire system wholesale and in one go with the tracking system.

What then is this tracking system?

With this system, all files from all the Subordinate Courts are managed by a central unit. That unit is known as the the ‘Managing Judge Unit’ (MJU). The Magistrate and Session Courts have their respective MJU. So instead of lawyers being in different courts at the same time, we have now 200 to 500 lawyers, mostly younger lawyers, hanging around the MJU areas at the same time. The Session Court’s MJU moved from the Basement to Level 3, whilst the Magistrate MJU remains in the Basement floor.

What happens there is unfortunate and depressing, sort of like a refugee camp. Lawyers have to queue for hours to find out about their files, like a refugee. What took about 20-30 minutes under the old system, now takes an epic (average) hour or two to sort out, which would be something simple like taking another mention date. We shouldn’t be spending more than 5 minutes to take a mention date.

So while the courts may boast of their sublime efficiency, this tracking system has resulted in a massive waste of lawyer’s time. Every minute away from the office for these lawyers would mean the lost of opportunity to serve other clients. Clearly this would adversely affect the incomes of legal firms, particularly the small firms who do not have legions of lawyers at their disposal.

How the current judicial administration can claim to be more efficient and yet waste lawyers time like our government wastes money is unsurprising and just gives an indication how much the court values lawyers time. It also indicates just how precious they think their time is in relation to the entire world. This is not a conducive, efficient or sensible method to dispense Justice. This initiative must be stopped and considered more fully with the input of the other stakeholders in the system like lawyers and the general public before being implemented.

The judicial policy makers should actually come down and feel those initiatives conceived in the perfection of their palaces of Justice. But they would have to wait and most importantly, get in line.