World Press Freedom Day- 3/5/2010 “Our” frontline alternative internet newsportal Malaysiakini.com does not report Indian problems according to it’s gravity and seriousness but like the mainstream media does race based reporting.

World Press Freedom Day- 3/5/2010 “Our” frontline alternative internet newsportal Malaysiakini.com does not report Indian problems according to it’s gravity and seriousness but like the mainstream media does race based reporting.
This does not happen in any other part of the world except in UMNO’s One Malaysia.
Even the disproportionately large members of Indian reporters and journalists in the print and electronic media and the alternative media who are supposed to be able to better relate to Indian problems hardly made and makes any difference as it is not in their “tuan” and “towkay’s” agenda to report the critical Indian problems on a needs basis and based on the gravity and severity of the violations of human rights. Almost all these Indian reporters like most of the elite Indians either are “shy” to report the state’s racism against the Indians or become very conscious so as not to in turn be labeled as racist themselves. They suffer from minority complex syndrome or inferiority complex and end up pretending that the critical level of racism against the Indians that has degenerated them into the critical Indian problems does not exist.
Somehow in the 1990’s the internet reporting developed and there were great expectations of the critical Indian problems getting coverage at least on a needs basis if not a larger coverage so as to undo the injustices done to this Indian community.
But alas even the frontline alternative internet newsportal Malaysiakini.com got carried away by the UMNO race based mainstream media based and not critical issue based reporting and ably followed by Malaysia Today, Malaysian Insider, almost all bloggers etc.
For example when Teoh Beng Hock was killed, in Malaysiakini.com there were 10 postings and continuing right up to date, 21 postings on the day a church got burnt down in P.J and a couple of postings in a day from day one right up to date on Aminulrasyid being shot dead by the police case.
But on the same day of Teoh Beng Hock’s killing, one P.Gunasegaran was also killed at the Sentul police station. But there was zero coverage for poor P.Gunasegaan by all the print and electronic media and the supposedly alternative media including Malaysiakini.com just because P.Gunasegaran’s ethnicity happens to ethnic minority Indian. This is just the tip of the iceberg of race based news reporting even by the alternative media in Malaysia.
But why does media reporting in Malaysia has to be so race biased? Why can’t it be on needs based or based on the gravity or severity of the violations of human rights? Why is it that it is only in Malaysia that when victims of injustices are the Indians, it becomes “not pressworthy” just because it does not appeal to the majoritarian Malays, Chinese or natives or draws no or very little political mileage. Why has journalism in Malaysia evolved and stooped so low to become so race based to this disgraceful levels?
A cursory read of the real and critical Indian problems in Malaysia which is focused in www.humanrightspartymalaysia.com will be telling enough. But we estimate that only between 0.1% to 1% of these are reported by both the mainstream and also in the alternative media.
Unfortunately the power of even the alternative media in Malaysia has not been used to fight 53 years of UMNOs’ racism vis a vis the alarming extent of racism meted out on the Indians.
The latest of such race based reporting is the NST and Star headlines. UMNO PM Najib tells police ‘Do not cover up. Public wants transparent inquiry into boy’s shooting.’ (NST headlines 3/5/10). But there has been zero such directive and media attention ever in the history of Malaysia when the victims are Indians.
“PM: No cover- up. Truth will be told in shooting of teen, says Najib” (The Star headlines 3/5/10). This is UMNO Prime Minister Najib Razak’s One Malay-sia directive to Polis Raja Di Malaysia. Similarly this is the multi-racial preaching by New Straits Times and The Star who rightly carried this news in their headlines and front page for the fourth day running.
But there is no history of this kind of attention and news headlines and front page media coverage when the victim is an Indian. Hundreds of Indians have been shot dead by the police and killed in police lockups. But this UMNO Prime Minister who claims to be “Prime Minister for all Malaysians” has never given such a directive when the victim is an Indian.
Similarly the top leaders of PKR, DAP and PAS and their 78 MPs including their 11 Indian mandore MPs would not speak up when the victims are the Indians. Yet claim they are for all races! Their actions indicate this is an oft repeated lie.
The latest example is the shooting to death, execution style, of two brothers in Taiping just last month and when there were even eye witnesses who saw plain cloths policemen murdering them in cold blood. But there was almost pin drop silence by UMNO, PKR, DAP, PAS and NGO’s, the print and electronic media including “our” Malaysiakini.com, the frontline alternative media but which excludes the Indians.
Thus the police shooting spree and killing of Indians in police lock ups and the other UMNO atrocities against the Indians continues with impunity and with no or very little check and balance by especially the alternative media. When we raise this race based injustices and cry against racism, we in turn are accused of being racist, or accused of raising Indian issues only. What a shrewd way to sidestep the real problems!
While UMNO and their police are guilty by commission, PKR, DAP, PAS, the NGOs and especially the alternative media including Malaysiakini.com are guilty by omission.
This level of racism by all sides does not happen in any other part of world except in UMNO’s One Malay-sia.
In fact in the western civil society, the majority will bend backwords to protect the minority, as the majority community will automatically be taken care of. But in Malaysia it is the other way round, ie., the majority and the Indian elite would bend backwords to champion only the majority community! What disgraceful people! This way they get to play to the majoritarian political gallery. Never mind the cold blooded murder of the Indians!
And so the state sponsored and race based atrocities against the Indians continues on a day to day basis. “Wither” freedom of the press in Malaysia!
P.Uthayakumar

Maika Holding buyout by GT resources is a lie.

Today is the 3rd of May. Where is the offer of a Ringgit for Ringgit to the Maika Shareholders, Gnanalingam that you promised will be made by the 1st of May. You are an accomplice to a treacherous lie against the entire Indian community.
I will be counting every day and I will be reminding  you , your benefactors and the defrauded people everyday of this lie.
UMNO/MIC and you are jointly and severally responsible for this deception .

Zaid crying foul an exercise in ‘utter futility’

Zaid crying foul an exercise in ‘utter futility’

by Joe Fernandez @ Fernz

zaid ibrahim COMMENT The fact that Umno’s ad hoc Department of Dirty Tricks (DDT) won Hulu Selangor for the ruling Barisan Nasional (BN) on April 25 is beyond all debate as opposition messiah Zaid Ibrahim has rightly gathered for his impending election petition. What good is Umno anyway without its DDT?

But the DDT is not the REAL reason why Zaid lost in Hulu Selangor. But more on that later as we meanwhile give him the benefit of the doubt and go along with the Pakatan Rakyat (PR) pro-tem chair as he attempts to pull the wool over our eyes.

Zaid should know as he is ex-Umno like Opposition Leader Anwar Ibrahim. Their accusations on election offences and electoral fraud in Hulu Selangor have a credible ring despite being an exercise in utter futility.

Only the truly deaf, dumb and blind will not see that there were any number of election offences and election fraud perpetuated by Umno in Hulu Selangor on behalf of their poodle MIC. The party itself was nowhere in evidence besides P. Kamalanathan. This was as in the earlier case of Bagan Pinang. PBB (Pesaka Bumiputera Bersatu) in Batang Ai, on behalf of PRS (Parti Rakyat Sarawak), was another recent example of a party with a powerful DDT.

Even anyone on a casual walkabout in Hulu Selangor in the run-up to polling day, especially in the last three days, would have witnessed this Umno circus and the charade perpetuated by the Election Commission (EC) in tow.

Election offences and election fraud are nothing new in this country. Tell us something new. They have been going on under one pretext or another with some isolated exceptions for the last 50-odd years.

Former Prime Minister Abdullah Ahmad Badawi, in an apparent about turn, was not so gung ho about such shady practices in 2008. Perhaps he was too complacent after the biggest landslide ever in 2004 in the wake of the gerrymandering. Or it could be that the matter was really out of his hands after the gerrymandering had subsequently run out of steam.

The result in any case, coupled with Hindraf’s makkal sakthi (people power) phenomenon, was the political tsunami which was blamed on him by his predecessor Dr Mahathir Mohamad. We all know what happened to him as a panicky Mahathir went mercilessly after him in an unprecedented show of force and literally hounded, humiliated and drove him out from office. This was not before Sodomy 2 was enacted and put in place as a fallback position.

In Sabah, it has successfully emerged in court battles – Likas is a case in point — that the electoral rolls have even been padded with illegal immigrants from the Philippines, Indonesia, Bangladesh, Pakistan and India, among other places.

The phenomenon has also been the subject of doctoral dissertations in the United States of America and the Philippines, among other countries. Witness, for example, “When States Prefer Non-Citizens Over Citizens: Conflict Over illegal Immigration into Malaysia” by Kamal Sadiq, University of California-Irvine. International Studies Quarterly (2005) 49, 101-122.

But are the illegal immigrants out of the electoral rolls in Sabah, if not elsewhere, to stamp out election offences and flush out electoral fraud in the country? They are still there as anti-illegal immigration activist Dr Chong Eng Leong and repentant ex-Umno operative Hassnar Ebrahim will swear with their army of documents and statistics.

Hassnar has even openly challenged the authorities on numerous occasions to take him to court on the matter. Even the local Muslims rallied behind him after they realised that the illegal immigrants had entered the electoral rolls at their expense. But so far there have been no takers for Hassnar’s challenge.

This is the only issue on which former Prime Minister Dr Mahathir Mohamad, so vocal on all and sundry, keeps a studied silence and pretends to be deaf, dumb and blind all at the same time if not suffering from one of his periodic bouts of selective amnesia. Didn’t he after all recently swear in public that “all is fair and square in love, war and politics”? Wither the price of loyalty, or disloyalty, in this case?

In Hulu Selangor, Zaid Ibrahim’s immediate concern, the entire machinery of the Federal Government including the Election Commission (EC) was marshaled against the opposition messiah.

No distinction was made between party and government machinery as if they were one and the same on the kamikaze arguments of “national security and national interest”. The naïve and gullible civil servants, the police, the EC and others in authority went along unmindful of their children, grandchildren, the generations unborn and their future.

Suffice it to say that there’s no need here to go into the gory details on the election offences and election fraud which have been flogged to death in the alternative media and in the more respectable blogs even if fugitive blogger Raja Petra Kamaruddin’s exaggerated musings in Malaysia Today are discounted.

One point worth mentioning here is that “Special Branch looking operatives” were even in Singapore to “intimidate” Hindraf Makkal Sakthi chair WaythaMoorthy Ponnusamy at his hotel in the run-up to Hulu Selangor. They reportedly stalked him around the clock and monitored his every move. These are suspected to be “rogue elements” from Malaysia and Singapore in the employ of politicians

Waytha safely left for London yesterday (Wed 28, April) after being stranded in the lion city for nearly a month because of the flight disruptions caused by the Iceland volcanic ash and earlier because of heavy holiday traffic. He has photographs of some of these operatives and their vehicles but it is not known what he intends to do with these besides entering them in Hindraf’s Annual Malaysian Indian Report on Human Rights Violations.

Zaid, the opposition standard bearer, thinks that the observed manifestations of election offences and electoral fraud in Hulu Selangor are sufficient grounds on which to lodge an election petition within the next two weeks to have the results over-turned. However, he cannot be that thick. Presumably, he doesn’t expect the Election Court to order fresh elections which will somehow magically crown him as the Raja of Hulu Selangor as Umno, no doubt scared off by his polls petition, rolls over and plays dead for once.

Zaid’s barking up the wrong tree. Surely, he should know this as a former senior practicing lawyer. And yet he’s determined to blunder on like the proverbial bull in the china shop. So, his only reason is to pull the wool over everyone’s eyes on the real reasons for his loss – more on that later — why dragging the ruling coalition through the mud in an entertaining spectacle. This not to say that election offences and electoral fraud did not take place, perhaps on both sides.

As evident from the High Court verdict on Pensiangan, fresh polls is the farthest thing on any court’s mind. Even if Zaid wins in the Election Court, by some miracle as in the case of Pensiangan initially, the one-track mind higher courts are all here waiting eagerly like the Frankenstein monsters they are to do him in. We are not going to get even a hint of judicial activism at this level. The courts are more pre-occupied with their pay packets, promotions, perks of office, awards and other material considerations. Expect no mercy when you are up against the government of the day as in the recent case of Perak where the courts were able to wave a magical wand and pronounce a wrong as in fact right all along.

Likas was a first in that the Election Court ordered fresh polls after discovering that the electoral roll was riddled with illegal immigrants. The EC promptly had legislation introduced in Parliament to state that the electoral rolls cannot be challenged in a court of law once they have been gazetted. So, the illegal immigrants are not only still on the electoral rolls of Sabah but the tracks of the operatives who brought in these people have been erased by the introduction of the MyKad and the blue identity card phased out.

As Zaid mulls over his election petition, he should also consider getting a court injunction against Kamalanathan taking his oath as an MP after the EC gazettes the results for Hulu Selangor, even if it would not do any good anyway in the end.

Belum cuba, belum tahu (no pain, no gain).

At least he can claim that he tried and then go on to blame the courts, when he fails, for being compliant with the EC. That must be worth several press statements from Pakatan Rakyat (PR) leaders and reams of instant emailed press releases from Parti Keadilan Rakyat (PKR) flooding the spam folders.

However, and this is a billion ringgit question, are the election offences and electoral fraud reportedly perpetuated by Umno in Hulu Selangor the real reason why Zaid lost the battle? Is he looking for excuses in public relations, amidst his chomping on expensive cigars, to mask his monumental failure in judgment and detecting the flaws in the human characters around him? If so, he reveals fundamental and disturbing deficiencies in his own make-up that will get him nowhere in the end and disappoint the many in the opposition in whom he has raised such high expectations.

Zaid has denied being a sore loser but not everyone believes him entirely and with good reasons too. If he’s not careful, he will go from “sore loser” to born loser if he doesn’t get his act together as quickly as possible. Banking exclusively on the Malays and the Chinese is a no no in politics but he broke this cardinal rule in Hulu Selangor and has been forced to pay the heavy price of having the halo around him stripped in the court of public opinion.

When the dust settles on his election petition, perhaps Zaid will be able to get out of his state of denial and accept that he could have indeed won in Hulu Selangor, election offences and election fraud notwithstanding, if his campaign had been more inclusive.

Hindraf and the Human Rights Party Malaysia in particular were left out and that’s why he lost in the end. Hindraf alone had 300 hardcore activists ready to swing into action in Hulu Selangor on behalf of Zaid to help bring in the winning margin for him but they as stakeholders were never deployed in the end.

Also, PKR vice president Jeffrey Gapari Kitingan and his activists from the party and CigMA (Common Interest Group Malaysia) were actively discouraged by party headquarters’ from entering Orang Asli areas to campaign for Zaid. The police only came in later to fence off Orang Asli areas.

Zaid should stop listening to PKR theoreticians who sabotaged him in Hulu Selangor by preaching that “even 100 per cent of the Indian support will not win the seat but 60 per cent of Malay support will do the trick”. Sixty per cent is an impossibility as long as Umno, now bolstered by Perkasa, exists. In the end, Zaid didn’t get even the minimum 40 per cent Malay support envisaged in a worst case scenario. He had to make do with 35 per cent Malay support. It was not good enough. A miss is as good as a mile. A win is a win and a loss is a loss.

Unfortunately, people who could have made the difference were left out by the opposition in Hulu Selangor and this is the real reason why Zaid has been forced to head in the direction of the Election Court. He thinks it won’t be futile. We can only wait and see.

Assuming that the Election Court orders fresh polls in Hulu Selangor, is he saying that he can win the seat in another round? History will simply repeat itself all over again if he takes the same path that he took in the run-up to April 25.

Note: A condensed version of the above was carried in Malaysiakini on Fri 30 April, 2010

No history of UMNO’s Malay NGOs’ offering legal aid for Indian victims shot dead by police in One-Malay-sia!

No history of UMNO’s Malay NGOs’ offering legal aid for Indian victims shot dead by police in One-Malay-sia!

And neither does the UMNO controlled mainstream media revisit the injustices when the victims are “merely” the Indians in One-Malay-sia? (See NST 2/5/2010 at page 4 and Star 2/5/2010 at page N2).

P.Uthayakumar

PKR cancels Dr.V.David road name on UMNO racist pressure

PKR cancels Dr.V.David road name on UMNO racist pressure

PKR is yet again playing to the political gallery and not the justice of the case. Again when it concerns especially an Indian name change.

In 2008, there was a similar cancellation of the Jalan P.Patto in Ipoh, Perak also by the then DAP led PR state government in Perak. Pray tell us of one other non Indian road name that has been objected to and the same being cancelled?

PKR, DAP and PAS all claim to be multi-racial, but it seems only when it concerns malays and chinese..

“Multi-racialism” is only when they want the Indian votes. And not otherwise!

Karunai Nithi @ Compassionate Justice

No or scant attention and headlines, or UMNO, PKR, DAP, PAS and NGO media attention when Indians killed by police

Our condolences to the family of the 15 year old school boy who was killed by the police. The arrogant and above the law mindset Inspector General of police Tan Sri Musa Hassan had the cheek to say, “if people do not want the law to be enforced, then I shall instruct my men to refrain from stopping cars or from going after illegal racers” ( Headlines NST 30/4/10 ). "If you do not want the police to enforce the law, then say so,” he said. “Let me know so that I can tell my men to not take any action, including conducting inspections on vehicles or arresting Mat Rempits who ride without licences” (The Star 30/4/2010 at page N4).
If only UMNO, PKR, DAP, PAS and NGO leaders and the mainstream and alternative media editors had given the same attention, concern, proactive actions, etc, hundreds of Indian lives would have been saved from being killed by the police executionists acting under the police shoot to kill policy, in their theatrics wayang kulit to show that they are bringing down the crime rate. And while the real criminals cum “profit sharing ” crime partners of the police including their top brass remain on the loose. No wonder the prevailing high crime rate in the country. But for which the police otherwise make media statements that the crime rate is reducing.
Teoh Beng Hock similarly had rightly received and is receiving the appropriate media and PKR, DAP and PAS’ attention. If only UMNO, PKR, DAP, PAS and NGOs’ and the print and electronic media had equally cared, the misery heartache, pain and suffering of the hundreds of the Indian families would have been spared.
But because the victims were almost all Indians, UMNO, PKR, DAP, PAS, NGOs’ and the media does not care.
But then UMNO talks about One Malay-sia and PKR, DAP and PAS talks about multi-racialism!
Pray tell us of one Indian victim of police killing who had received headlines attention, and UMNO, PKR, DAP and PAS care and attention to this level!
A.Kugan may be the exception as some 5,000 Hindraf Makkal Sakthi forces held a massive funeral procession when Kugan’s brutal and bloody pictures were captured and circulated widely.
UMNO, PKR, DAP and PAS should stop being racist and should start championing issues according to the gravity and the seriousness and it should not matter if the victim was Malay and Chinese, and should not be sidelining and sidestepping Indian victims.
Karunai Nithi @ Compassionate justice
 

Boy disputes police version of Aminul shooting

Asrul Hadi Abdullah Sani and Neville Spykerman - The Malaysian Insider
 

Azamuddin (in black) telling his version of the incident at the press conference. — Picture by Choo Choy May

SHAH ALAM, May 3 — Fourteen-year-old Aminulrasyid Amzah did not try to ram policemen with his sister’s car but was still shot in the back of his head, his friend Azamuddin Omar, 15, who was the lone passenger in the car, said today.

Azamuddin also told a press conference organised by Aminulrasyid’s family that his friend had been trying to flee a number of motorcyclists who were chasing the boys after their vehicle had sideswiped a car earlier.

After his friend was shot, Azamuddin said he was assaulted by policemen who kicked and punched him repeatedly. But he managed to escape from the scene.

“They shot him in the head, and his body fell onto my lap, but his foot was on the accelerator and the car was still moving.”

He said the police kept on shooting until the car hit a wall.

Azamuddin said he managed to crawl out of the car and wanted to surrender himself but he was kicked in the head and assaulted by no fewer than five policemen.

He said Aminulrasyid had picked him up in the car about midnight last Monday and they had gone to watch a football match on TV at a restaurant in Section 7, Shah Alam.

The boys were returning home when the car they were in hit another vehicle but they sped off in panic.

Azamuddin claimed several motorcyclists chased them and one hit the car from behind near a roundabout, not far from where Aminulrasyid lived.

It was at this point that police saw the car and gave chase.

“Aminul was scared and only wanted to return home because he was driving his sister’s car before police opened fire.”
Azamuddin was speaking at the press conference arranged by lawyers representing him and Aminulrasyid’s family.

He also showed reporters bruises he suffered on his right arm as a result of the assault, saying he lodged a police report last Monday night after hearing that they were being referred to as robbers.

Besides lawyers and Aminulrasyid’s family, Azamuddin was also accompanied by Monalisa Mokthar, the parent-teacher association chairman from his school.

Monalisa said Azamuddin was traumatised and was undergoing counselling.

“This will remain with him for the rest of his life.”

Earlier, Aminulrasyid’s family said they wanted the government to establish a royal commission of inquiry to investigate his death.

The 14-year-old boy’s uncle, Kamaruddin Hassan, stressed that the family rejected calls for an inquest because they did not believe they would receive a fair and transparent investigation.

“We have decided to call the government to establish a royal commission of inquiry as soon as possible and do not want it to be prolonged further.

“We would also like to call on the IGP to not release any statements which can hurt the feelings of the mother,” Kamaruddin told reporters.

Aminulrasyid was shot dead by police officers after he allegedly tried to reverse a car into them during the wee hours of the morning last Monday in the suburbs of Section 11, Shah Alam.

Lawyer N. Surendran, who is among lawyers representing the family, said the family had nowhere else to turn and that was why they were calling for a royal commission.

He lashed out at Home Minister Datuk Seri Hishammuddin Hussein for making statements calling for the public to be fair to the police and not to jump to conclusions.

“The question is not about being fair to the police but to the family.”

He pointed out that from Day One, Aminulrasyid had been labelled a criminal while IGP Tan Sri Musa Hassan has made statements prejudicial to the case even before investigations were concluded.

He pointed out that there was no basis in law for an inquest to be called because there is no uncertainty as to how Aminulrasyid was killed.

He also reiterated that there was no parang in the car, which belonged to Aminulrasyid’s married sister.

“This is a very serious allegation and amounts to fabrication of evidence. The police should bear this in mind.”

Shamala’s family wants court to end one-sided conversions

By Debra Chong

PUTRAJAYA, May 3 — Hindu mother S. Shamala's efforts to seek a Federal Court ruling to raise her two young children in that religion rather than follow her estranged Muslim convert husband could be the last such case depending on how Malaysia's highest court decides.

The bank clerk’s family was in court today and appeared disappointed at the decision by the panel of five of the nation’s most senior judges to put off the hearing after it was suggested that the outcome of the proceeding may be an “exercise in futility”.

“We’ve been emotionally traumatised. It’s taken a toll on us, physically, emotionally, mentally,” Shamala’s younger brother, Dr S. Sharimalan, 30, told reporters here today.

“We’ve not seen my sister and nephews for the longest time ever,” he said.

His mother added tearfully that it had been nearly six years since she last laid eyes on 38-year-old Shamala and her grandchildren and just wanted to see justice done.

“In this case, is it wrong for a mother to fight for the rights of her children? Is it a crime?” she quizzed.

“I’m a mother. I want my daughter and my daughter wants her children. That’s all,” she added brokenly.

Dr Sharimalan who continued on behalf of his parents, both who declined to give their names, added that communication from Shamala was few and far in-between.

“God knows where she is now. We’ve only communicated with her occasionally through emails and a few phone calls,” he said, and noted that his eldest sibling lived in constant fear and confusion over the conflicting orders issued by the civil High Court and the Syariah High Court.

“She’s not revealed where she is. Her fear is we’ll get harassed,” added the Alor Setar native.

“How many cases of Shamala’s are there? We just want a solution so no more cases like this will happen,” he stressed.

Shamala’s father, who stood stoically beside his wife, added that he hoped the Federal Court would go ahead with the hearing and decide on the five questions that had been submitted.

The five questions raised are as follows:

1. Whether Section 95 (b) of the Administration of Islamic Law (Federal Territories) Act 1993 is ultra vires of Article 12 (4) of the Federal Constitution [specifically concerning the right to determine the religion of the children under the age of 18 shall be determined by the parent or guardian] and Article 8 regarding equality rights?

2. Whether the same section in state law is inconsistent with federal law namely Section 5(1) of the Guardianship of Infants Act 1961, and is therefore invalid?

3. Regarding Article 121 (1A) of the Federal Constitution, where a custody order of children is made which court, between the Syariah Court or the High Court is the higher authority?

4. When there is conversion of children of a civil marriage to Islam by one parent without the consent of the other, are the rights of remedy for the non-Muslim parent vested in the High Court?

5. Does the Syariah Court have jurisdiction to determine the validity of conversion of a minor into Islam, once it had been registered by the Registrar of Muallafs?

Chief Justice Tun Zaki Azmi who chaired the five-man bench had earlier noted an objection from Shamala’s anaesthetist husband, Dr Muhammad Ridwan Mogarajah (alias Jeyaganesh C. Mogarajah), that if the hearing was allowed, whatever decision arrived at may be an exercise in futility because the two children were believed to have left the country with their mother and therefore beyond the reach of the court.

Dr Muhammad Ridwan wanted mother and sons, believed to be in Australia, back in Malaysia before hearing the highly-charged conflict on religious conversion of a minor and custody rights.

Both parents are in a bitter fight to gain custody over Saktiwaran and Theivaswaran, now aged 11 and nine respectively, and to be allowed to raise them in their respective religions.

Zaki had initially suggested that it may be better for the children to take the case to court themselves when they come of age at 18.

But Shamala’s lawyer, Datuk Cyrus Das, stressed that while his client and the two young children may be abroad, they were still Malaysian citizens and had the right to have their legal concerns heard by the court.

“She wants the Federal Court to decide once and for all if one parent can unilaterally convert the religion of their children,” said Das.

Several non-governmental organisations (NGOs) were also present in court to lend support to Shamala, including the Women’s Aid Organisation (WAO).

“There is a huge crack in the nation due to the overlaps (in jurisdiction between Islamic and civil courts), the rolling back of rights. (If unresolved), people will have no choice but to go to the ballot box,” Ivy Josiah, WAO executive director, told reporters.

Oil 'sell-out': All avoiding answers, says Lim

By FMT Staff

PETALING JAYA: The statements by Wisma Putra, Petronas, Prime Minister Najib Tun Razak and former premier Abdullah Ahmad Badawi regarding the oil “sell-out” to Brunei all have one common purpose – to avoid answering two important questions, said DAP leader Lim Kit Siang.
The two questions are:

• When and why Malaysia ceded away Malaysian sovereignty to two oil and gas-rich offshore areas in South China Sea, namely Block L and Block M, in favour of Brunei? and
• When did Brunei surrender its territorial claim of sovereignty to Limbang and recognise full Malaysian sovereignty instead?

Lim said although Wisma Putra, Najib and Abdullah knew fully well that their statements would be scrutinised for answers to these two most pertinent questions, all their verbiage have one common thrust: to avoid answering them.

He added that this could only raise suspicions to crisis point.

He urged Najib to release a full chronological order of the events resulting in the ceding of Malaysian sovereignty to Blocks L and M to Brunei and the position of Brunei's territorial claim to Limbang.

Lim said the people also want to know whether and if so when, Brunei had surrendered its claim of sovereignty to Limbang.

White paper
Mahathir had estimated that the worth of oil and gas rights for the two blocks are RM320 billion and this, according to Lim, was no paltry sum for any prime minister or government to trifle with to avoid full public accountability.

In his blog, Lim pointed out that as prime minister for 22 years, Mahathir's statement that blocks L and M had been claimed by Malaysia based on historical facts and that based on Malaysia's sovereignty, Petronas had entered into a production sharing contract with Murphy Oil to start drilling to produce oil estimated at one million barrels, cannot be ignored.

“Was Mahathir misinformed when he blogged last week that Abdullah had negotiated with the Sultan of Brunei to get back Limbang in Sarawak in return for the surrender of the two blocks to Brunei?

“Had Brunei beaten Malaysia in the diplomatic game in securing the sovereignty for the two blocks without surrendering its sovereignty claim to Limbang?” he asked.

Lim said Najib should issue a White Paper to shed full light on this matter without any further delay.

“The battle of prime ministers over Malaysia’s sovereignty to Blocks L and M and to Limbang is not doing the Najib administration and Abdullah’s reputation any good,” he said.

PAS: Giving up oil to Brunei unconstitutional

By Rahmah Ghazali - Free Malaysia Today



KUALA LUMPUR: It is “unconstitutional” for the federal government to surrender two oil blocks to Brunei a year ago under former prime minister Abdullah Ahmad Badawi's tenure, PAS vice-president Mahfuz Omar said today.

According to the Pokok Sena PAS MP, the government had violated Article 2 of the Federal Constitution for giving away the oil-producing offshore area in the South China Sea, namely Block L and Block M (now known as CA1 and CA2) to the oil-rich country.

Article 2 states that Parliament may by law admit other states to the federation of Malaysia or alter the boundaries of any state. However, the provision also states that any law altering a state's boundaries shall not be passed without the consent of the state's legislature and the consent of the Conference of Rulers.

"So, did the federal government get the state assembly's approval?" he asked, adding that the Cabinet should explain which legal provision it used to give up its claim over the oil blocks.

Mahfuz also said that Abdullah should not be blamed solely on the matter as the decision was made collectively through the Cabinet.

"I am questioning the Cabinet, not just Pak Lah (Abdullah's nickname). The Cabinet has to be responsible too for making such decision," he said, adding that Abdullah's successor, Najib Tun Razak, should also be responsible for it.

"The then deputy prime minister (Najib) has to be responsible because it was decided by the Cabinet and he was part of the Cabinet then," said Mahfuz.

The revelation was first reported in the Financial Edge Daily and Brunei Times that Abdullah surrendered the two blocks to Brunei in return for the country to drop its claim on Limbang, Sarawak.

However, Mahfuz said, Brunei has yet to back down over the claim.

"In the agreement, the federal government should have defended its claim over both Limbang and the oil blocks. We are talking about our nation's integrity here," said Mahfuz.

He urged that a special parliamentary sitting be called to discuss the matter and he had directed the party's legal team to look into any potential legal action that can be filed against the federal government.

According to former prime minister and Abdullah's predecessor, Dr Mahathir Mohamad, the former's action has caused Malaysia to lose at least about RM320 billion of the country's oil in this agreement.

Emergency motion in Dewan Negara

Meanwhile, PKR senator and deputy president Syed Husin Ali has submitted an emergency motion to the Dewan Negara president today to discuss the latest oil controversy.

"The prime minister should explain the matter to the people and I suggest that this be done in a white paper. This is an important issue that needs to be debated as it involves not only the nation's income, but also our integrity," he told a press conference.

He also questioned Najib's statement which described that the talks between Brunei and Malaysia to resolve the border dispute will result in a "win-win situation" for both countries.

"But we want to know how can it be win-win? How do we win if we gave the oil blocks to Brunei?" he asked.

Despite the attacks thrown at Abdullah, the former premier defended his move, saying that the agreement he signed with Brunei provided that Malaysia would be allowed to participate in joint development of oil and gas on a commercial basis in the two areas for a period of 40 years.

He also maintained that the agreement was not a loss to Malaysia as the financial and operational modalities for giving effect to this arrangement will be further discussed by the two sides.

MACC report lodged against Pakatan leaders

(Bernama) - The Hulu Selangor Umno Youth lodged a report at the Malaysin Anti-Corruption Commission (MACC) here today over alleged misconduct by several Pakatan Rakyat leaders in the recent Hulu Selangor parliamentary by-election.

Chairman of its new media unit Mohd Jefrin Mat Tu said details of the alleged misconduct, which included abuse of power, bribery and threatening voters in the constituency, were contained in a letter sent to his house last Friday.

"I don't know who sent the letter but the two-page letter, which I believe was written by a voter in Hulu Selangor, listed at least 20 misdemeanours," he said before lodging the report.

The letter was accompanied by proof including photos, he added.

Now you’re talking

And that is why we need to abolish the Official Secrets Act and replace it with the Freedom of Information Act -- so that corruption will no longer be protected with the RAHSIA stamp.

NO HOLDS BARRED

Raja Petra Kamarudin

Today I want to refer to the two news items below.

This is what I have been trying to say all this while. We need a higher minimum wage and we need a Freedom of Information Act.

Currently, the government conveniently stamps so-called ‘sensitive’ documents with RAHSIA. This means if you are in possession of such documents you will be arrested and will be sent to jail.

Okay, I can understand keeping these documents in question a secret if it involves matters of defence or national security. But when they concern what the army is paying to buy fish, chicken and Maggi Mee, there is nothing life threatening in revealing this information.

Most times, however, the government wants this information kept confidential because the army is paying many times more the cost for these food items compared to what you can buy the same on the open market.

In other words, this information is kept confidential because the government wants to hide the fact that there is corruption involved in the purchase of army rations and that the taxpayers are being screwed for tons of money.

That is why non-sensitive information that does not threaten our defence or national security is kept from public eyes with the RAHSIA stamp on the documents and anyone found in possession of these documents will be sent to jail. And that is why we need to abolish the Official Secrets Act and replace it with the Freedom of Information Act -- so that corruption will no longer be protected with the RAHSIA stamp.

The next item is the minimum wage for all workers. In 1999, we asked the government to set the minimum wage at RM1,300-RM1,500 per month. Now, we are asking that this minimum wage be around RM1,800-RM2,000.

Hindraf/Human Rights Party (HRP) yesterday asked for this minimum wage to be RM1,300, the figure we quoted 11 years ago. Anyway, RM1,300, RM1,500, RM1,800 or whatever is not the issue. The issue is we must have a minimum wage and it should not be a mere few hundred Ringgit.

I would say Hindraf/HRP and I are of the same mind on this issue. What we may slightly disagree upon would be their statement:…...we call upon the UMNO led One Malaysian government to pass legislation to set a minimum wage of RM 1,300.00 per month for all workers in particular the Indian workers………

Why do we need to stress ‘in particular the Indian workers’? The statement could have ended at ‘a minimum wage of RM 1,300.00 per month for all workers’. As long as you are a worker -- never mind Indian, Chinese, Malay, Javanese, Bajau, Iban, Penan, Dayak, Melanau, Orang Asli, etc. -- then they should be given a minimum wage and this minimum wage should be RM1,300 per month.

No, I do not wish to make an issue out of this. I am not whacking Hindraf/HRP and saying that they are chauvinist. What I want to stress here is that these little things like not stopping at ‘a minimum wage of RM 1,300.00 per month for all workers’ and adding ‘in particular the Indian workers’ dilutes the struggle.

It is a good appeal. I too have been saying the same thing for more than ten years, long before Hindraf or HRP were born. But I want this for all Malaysians. I do not say ‘Malays in particular’ -- or anyone in particular for that matter.

Actually, I understand what Hindraf/HRP are struggling for. And I support their struggle wholeheartedly. But can we make this a struggle for all Malaysians and not for just one particular race?

That is what I have been trying to get across to our Indian comrades. Poverty does not recognise race. Therefore, the fight to eradicate poverty should not be about race.

*************************************************

Minimum wage of RM 1,300.00 per month in all sectors and for all including the Indians

Yesterday marked Labour Day in recognition of the sacrifices and contribution of especially the Indian labour in Malaysia who in those days literally worked with their bare hands to build the Railways, roads, bridges, work in interior rubber estates etc. Indian labour has been and is crucial in what Malaysia has become today, the wealthy prosperous country with the world’s tallest twin towers. This is the reason why UMNO in most of Malaysia’s 53 year history has made an Indian the labour minister to perform the Indian Mandore duties to UMNO . The present day labour minister is Dr.Subramaniam. Similarly in all of the state Exco positions in Kedah, Penang, Perak, Selangor, Johor and N.Sembilan.

The labour portfolio is and has always been held by an Indian including by the present day PKR, DAP and PAS state governments in Kedah, Penang Selangor and earlier in Perak (as if they do not qualify to hold other senior Exco positions).

We helped build this city. And we helped build Malaysia.

But today after 53 years of independence, especially the Indians are yet to be given a minimum wage.

In point 16 of our 18-point demands to Prime Minister Badawi dated 12/7/2007 we had demanded a basic monthly salary of RM 1,000.00 per month.

With a RM 100.00 monthly increment per year we today after 3 years demand in 2010 RM 1,300.00 per month.

But the Labour Minister is indicating (being selective) proposing setting a minimum wage for targeted sectors under the New Economic Model (NEM) electronics, textiles, gloves and furniture industries (NST 2/5/2010 at page 8)

Why? Because the overwhelming majority of the beneficiaries thereto would be the Malay Muslims?

And this Indian mandore Labour Minister under UMNOs’ directions seems to be permanently ‘studying‘ the minimum wage proposal even after 53 years of independence (The Star 2/5/2010 at page N5).

We have recorded plantation workers in Cameron Highlands earning RM 13.00 per day (approximately RM 260.00 per month) living in near slave like living conditions. Even lower than the RM18.00 per day earned by the Bangladeshi workers.

Indian dish washers (as per our February video) earn as low as RM 350.00 per month.

After about a 50 year struggle the plantation workers salary has been set at RM 350.00 per month in 2006 or so.This “insulting”monthly salary is modern day slavery.

On this Labour Day 2010 we call upon the UMNO led One Malaysian government to pass legislation to set a minimum wage of RM 1,300.00 per month for all workers in particular the Indian workers with effect from 1/5/2010. And with all arrears of wages to be paid backdated and from this date onwards.

P.Uthayakumar

HINDRAF/HRP

*************************************************

Selangor to move motion on Freedom of Information Act

(Free Malaysia Today) -- In support of press freedom, the Selangor government will re-categorise several state documents which are now under the Official Secrets Act (OSA).

In conjunction with the world press freedom day today, Menteri Besar Khalid Ibrahim said the process of reclassification of certain documents had already begun as provided for under the “authority of the Menteri Besar”.

This will enable the rakyat to access actual information on issues handled by the state government.

“The state government will move a motion for the Freedom of Information Act in support of media freedom.

“Up till now some documents classified under the OSA have been re-categorised using the powers allocated to the Menteri Besar to ensure the rakyat have access to actual information on several issues handled by the Selangor government,” he said in a statement.

May 3, is celebrated worldwide as international press freedom day.

International organisation, Reporters Without Borders, has in their recent report noted that press freedom in Malaysia had deteriorated to 39.50 as compared to 44.25 previously. (0.00 points is ranked the best and 100 worst). Malaysia is two points ahead of Zimbabwe and Nigeria.

“Here in Malaysia, we are aware of the extreme grip that the federal government has on the media.. the latest case being NTV7 producer Joshua Chong who was forced to resign.

“We also know that there are some media who are being pressured and journalists who have been detained without trial.

‘Worse still are documents relating to corruption which have been stamped Official Secrets and as such cannot be processed, “ he said.

Khalid added that such practices can only be changed through political will which the state government under the Pakatan rule will ensure.

“The Selangor government believes that a free media will be able to aid the government to improve and support its move towards a fair, transparent and responsible administration and management of the state,” Khalid said

In A Globalised World, Media Need Sharper Legal Weapons

By Lynette Lee Corporal
 
HONG KONG, May 3, 2010 (IPS/Asia Media Forum) - Newspapers threatened with lawsuits across borders. Journalists feeling lost as they seek redress in cases where the state is less than impartial in investigating the killings of journalists. Media caught in attempts to use religion to curtail room for public debate.
These are samples of the legal hurdles to press freedom in Asia that have emerged in recent years – and point to why media organisations need to sharpen their legal knowledge and tools in order to resist intrusions into their role as the Fourth Estate.

Indeed, news organisations are fast learning, sometimes the hard way, that they need to know not just domestic laws but international ones in the age of the Internet, which has broken down the old barriers between what was national and international publication of media material.

In a sign that nothing is purely domestic any more, the Kathmandu-based ‘Nepali Times’ newspaper found itself threatened with legal charges on defamation and copyright violation in Britain for a story, published in its online edition, on the resettlement of families of ex-Gurkha soldiers – or Nepalese fighters – who had been integral to the British Army.

"Our case proves libel tourism is alive and kicking and, as more and more content goes online, how anyone anywhere in the world is vulnerable to self-censorship due to libel threats in UK courts," Dixit, publisher of the ‘Nepali Times’, told a recent media conference here organised by the Hawaii-based East-West Center and Hong Kong University's Journalism and Media Studies Centre.

Dixit says that plaintiffs often lodge libel suits in Britain as a deterrence against free speech because of its strict defamation laws and expensive legal fees.

Libel tourism s defined as the practice of "shopping for beneficial jurisdictions" by U.S. journalist Drew Sullivan in a report on silencing the press through transnational legal threats.

The British-based ‘Times Online’ newspaper called London "the libel capital of the world" after High Court records showed that it received 259 libel cases in 2008, the highest since 2004. It was unclear how many involved non-British and online publications.

While threats to media have gone transnational, the tools and options for coping with them are going beyond borders as well.

In ‘Nepali Times’ case, this has meant working with the London-based Media Legal Defence Initiative, which represents defendants in libel tourism cases in British courts as part of the legal aid it extends to media around the world.

In the case of the November 2009 massacre of 32 journalists in southern Philippines – who were among 58 people killed in an election-related incident – legal advocates brought in international legal expertise when they gathered evidence because powerful politicians and police were suspected of involvement in the crime.

In a case that made world headlines, the journalists and other locals were ambushed as they accompanied a politician in Maguindanao province on his way to file his candicacy for the May 10 national poll.

The main suspects included members of the powerful Ampatuan political clan, but the justice department dropped charges against two of them in April. Harry Roque Jr, director of the Centre for International Law in the Philippines and counsel for the kin of 12 victims, helped them protest the move.

Lawyers looked for international options to pursue an impartial inquiry, since public officials themselves have been linked with the murder.

"If the domestic legal system is not working, then we have to explore alternatives such as turning to international legal systems," says Roque, who is linked with the South-east Asia Media Legal Defence Network (SEAMLDN), the first regional network of lawyers to defend free media in South-east Asia.

The victims’ kin hold the Philippine government accountable for the crime, but the law says the state "cannot be sued without its consent," he explains.

Over in Malaysia, tough laws have been used in recent years to restrict the media space for debate by citing sensitive issues like religion, activists say.

In July 2007, 'Malaysia Today' editor and blogger Raja Petra Kamarudin was the subject of a police complaint under the Sedition Act that alleged he had insulted Islam and incited racial hatred in the mainly Muslim, multi-ethnic country.

In September 2008, he was detained under the Internal Security Act for reportedly having "insulted the king and incited racial hatred" on his blog. He was freed two months later after the court found his detention illegal.

"It is a media challenge, especially concerning defamation in religion, which is used as a basis to control freedom of expression," says H R Dipendra, Malaysia-based coordinator of SEAMLDN.

In 2007, the government banned non-Muslim publications from using the word 'Allah'. In January this year, Malaysian courts overturned this decision, saying that the word is "to exclusive to Islam"

Given media organisations’ need to fight new legal threats, Dipendra says that having regional and international networks is crucial. But he says this poses a challenge to the legal profession because, for instance, many lawyers in Malaysia prefer corporate over criminal and human rights work.

Still, Dipendra says: "I think the network (SEAMLDN) is the last strong defence versus tyranny."

*The Asia Media Forum (http://www.theasiamediaforum.org) is a space for journalists to share insights on issues related to the media and their profession, democracy, development and human rights in Asia. It is coordinated by IPS Asia-Pacific. 

NOT SO GENEROUS?

1. I am glad that Petronas is going to take part in the exploration and production of the two blocks we surrendered to Brunei. That still does not mean we will get much out of the deal.

2. Wisma Putra should make public the full contents of the agreement signed last year. When we give up what belongs to the people really, the people have a right to know. After all, Abdullah's Government made a point about being transparent, implying of course that the previous Government was not transparent. So let us see transparency in this decision to surrender the peoples' heritage. If as it is claimed we have not lost much, let us know how much is not much.

3. At the present price of USD83 per barrel (RM249.00), one billion barrels would yield USD 83 billion or RM249 billion. Forget the likelihood that the oil price would increase in future, how much would we get from Petronas' involvement in the production.

4. The question as to what happened to the RM270 billion that Petronas paid to Abdullah's Government has not been answered.

5. His apologists will say that I am being petty, that I lost billions too. But concern over a total of over RM500 billion not accounted for or lost cannot be considered petty.

6. The Malaysian public is very forgiving. When my questions are met with "elegant silence", that is the end of the story.

7. Whither Malaysia?

Understanding Malaysia

thenutgraph.com

IT was somewhat of a joke when the Malaysian government finally released the political biography, Malaysian Maverick: Mahathir Mohamad in Turbulent Times, for sale here.

Barry Wain (pic courtesy
of Barry Wain)

In the five months since November 2008 when 800 copies were shipped from Hong Kong to Port Klang and placed on hold, Malaysians had already bought the book from stores in Singapore and elsewhere. Reviews were already up on the internet. Even the subject himself, Tun Dr Mahathir Mohamad, had called for the Home Ministry to release the book. The ministry's original deadline to review the book was 18 Jan 2010, but release was only granted on 22 April.
Author Barry Wain, a former Asian Wall Street Journal editor and currently Writer-in-Residence at the Singapore Institute of Southeast Asian Studies, tells The Nut Graph in an e-mail interview that throughout the review period, the ministry never once explained the delay. The episode suggests to him on one hand "ineptness" and on the other, the problem of feeding the public "official versions of events" as opposed to the truth.
The book retails in Malaysia at RM98.90 per copy. Wain adds that there are plans to translate it into Bahasa Malaysia.
TNG: What did the process of waiting for the Home Ministry's approval do for you as a writer, and for your publisher?
Barry Wain: It was unexpected, and it disrupted plans to launch the book in Malaysia as early as January. Although the controversy deepened interest in the book and boosted sales to Malaysians through — and in — Singapore, it also introduced an unwelcome element of uncertainty. For one thing, it made any consideration of a Bahasa Malaysia edition premature.
I think my publisher, UK-based Palgrave Macmillan, was taken aback, even shocked. As a highly reputed international publishing company, it is not used to political action being contemplated against its academic titles. As you would expect, Palgrave Macmillan stood by me and the book, pointing out that it had been subject to peer review to ensure academic rigour.
What did the attempted ban tell you about the current Malaysian government's attitude towards history, and towards past leaders, given the fact that the book was easily available outside Malaysia?
It is quite astonishing that a successful and globalised country like Malaysia should contemplate banning a mainstream account of its recent political developments. It suggests a lack of confidence beneath a glossy, modern exterior. The problem for the government is that there is too big a gap between what it has fed the public in official versions of events and what really happened as related in my book.
On a practical level, the prolonged examination of the book before release indicates ineptness. Malaysians were buying the book by the hundreds in Singapore and elsewhere, rendering a possible future ban pretty much moot.
What do you hope people gain from reading this book?
I hope the book will make Malaysians more familiar with their recent political history as recounted by an independent analyst. Too much of what Malaysians read is a barren, polarised debate between government-owned and -controlled media and unrelentingly hostile bloggers.
I recognise there are constructive voices in the middle grappling with nuance and complexity, but they are often drowned by strident and partisan views. I also hope the book will introduce many non-Malaysians to a captivating Southeast Asian country and a fascinating personality in the form of Dr Mahathir.
Does Mahathir fascinate you? Why?
Dr Mahathir is endlessly fascinating. He belongs to the group of authoritarian Southeast Asian leaders who emerged after independence and had a profound impact, for better or worse, on their young countries. They include Singapore's Lee Kuan Yew, Suharto and Sukarno of Indonesia, Thailand's Sarit Thanarat, Myanmar's Ne-Win, Ferdinand Marcos of the Philippines, and Cambodia's Norodom Sihanouk and its current Prime Minister Hun Sen.
Dr Mahathir sought change on an historical scale. He wanted to transform Malaysia into a modern, developed nation, one that could stand tall with others, that would be internationally admired and one in which Malaysians could take pride. In my assessment, Dr Mahathir was one of the most successful and enlightened of this group. Only Lee Kuan Yew and his successor as prime minister of Singapore, Goh Chok Tong, clearly outperformed him in economic development.
Dr M has been called a man of contradictions or paradoxes. What are some key paradoxes about him that strike you the most?
Dr Mahathir made his reputation as a champion of Malay [Malaysians] advocating some form of affirmative action well before the New Economic Policy (NEP) was adopted, yet he was their fiercest critic. He called Malay [Malaysians] passive, lazy and subservient, and he allied himself with Chinese Malaysian business[people].
Dr Mahathir campaigned tirelessly against Western economic domination, but he assiduously courted American and European capitalists to develop Malaysia. He could give a speech in the morning denouncing the US and meet a delegation of American investors in the afternoon and promise to amend investment regulations to make them more welcome. Dr Mahathir was one of the most prominent exponents of consensual Asian values, yet he himself was a blunt, combative individual who sometimes threw political opponents in jail without trial.
What were his "bad" legacies that Malaysia is still paying for today?
Corruption and cronyism were hallmarks of the Mahathir era, and they remain problems. Malaysia's two prime ministers since Dr Mahathir retired in 2003 have promised to curb corruption and introduce transparency into the awarding of contracts, but we have not seen much progress yet.
Dr Mahathir took the ruling Umno into business in a major way, inviting the spread of "money politics" that still pervades the party. He also undermined institutions and failed to provide for the future leadership of Malaysia by eliminating his most talented rivals in Umno, and blocking the pipeline for 22 years.
Dr Mahathir's attempts to undercut the opposition PAS using religion had serious and lasting consequences that are felt today. By choosing to fight Islam with more Islam, he pushed Malaysia in a conservative, illiberal direction that ultimately was at odds with the process of modernisation and intellectual growth he was seeking to promote.
To be fair, what are his good legacies that the country is benefitting from today?

Petronas Twin Towers
(source: morguefile.com)It is important to understand that Dr Mahathir's track record includes extremes of success as well as failure. A moderniser, a nationalist and essentially pragmatic, Dr Mahathir engineered a socio-economic transformation, lessening Malaysia's dependence on commodities and deepening its industrialisation.
To do that, he built first-class infrastructure, designed, as he said, for the next 100 years: highways, bridges, airports, tower blocks, ports, etc. Poverty was reduced dramatically, and an expansion of the middle class, including substantial numbers of Malay [Malaysians], changed the ethnic landscape.
Do you think Dr M was the type of person who sincerely thought he was doing right even though it was ethically wrong, or even though it crippled democracy?
Dr Mahathir never, ever doubted that he was right. If he had to take an ethical shortcut, I'm sure he justified it to himself that it was a means to a greater end, his vision of a modern Malaysia.
What is your take of Dr M's view — a view often repeated by many Barisan Nasional politicians today — that Malaysia has its own brand of democracy and doesn't need to follow "Western-style" democracy?
This argument is used widely in Southeast Asia. While it is true that democracy has been slow to take root in the region, I suspect we will have to wait a lot longer to get a definitive answer. I would just note that President Suharto said the same thing during his long rule in Indonesia, but since his departure in 1998 the country has undergone a democratic transformation and seems completely at ease with its new system.
Do you think opposition leaders and social activists are giving Dr M too much credit when he is accused of undermining Malaysia's democratic institutions, or is this a fair assessment of the amount of power and influence he wielded?

Salleh AbasDr Mahathir undoubtedly undermined some of Malaysia's most important institutions. His dismissal of Lord President Salleh Abas and suspension of five judges in 1988 marked the beginning of the end of the judiciary's international reputation for independence and integrity.
Similarly, he emasculated almost all other institutions so he would meet no obstruction. Anyone who objected was out of a job, so in the end nobody dared oppose him.
Do you think there were other forces at play that led to the ISA arrests in 1987 and the judicial crisis in 1988?
The most important dynamic at work in 1987 was the split in Umno between Dr Mahathir and Tengku Razaleigh Hamzah, the former finance minister.
An aggravating factor was social activism, with academics and others grouped in non-governmental organisations (NGOs) highlighting corruption and misuse of government power. While these NGOs normally were no more than irritants, at this juncture they provided ammunition for Dr Mahathir's opponents in Umno.
It is true that racial tensions were rising at this time, but the evidence shows Dr Mahathir used that as an excuse to jail his critics. Some of the NGO activists who were locked up in Operation Lalang played no part in the ugly communal debates. And, on the other hand, Umno members who were organisers and instigators were not arrested. Dr Mahathir also used the occasion to cripple the leaders of the opposition DAP that were his most effective critics.
You've interviewed Dr M many times and I presume you've raised the topic of national funds wasted on big projects. How did Dr M respond and what strikes you about his answers?

Bank Negara (© Kaihsu Tai | Wiki Commons)I draw a distinction between so-called mega-projects and outright financial scams. The Bumiputra Malaysia Finance affair in Hong Kong, the government's attempts to rig the international tin price, Bank Negara's currency speculation, and the ill-fated Perwaja Steel were genuine scandals.
As for the mega-projects, Dr Mahathir always insisted that they were necessities and Malaysia could afford them. However, I doubt that he really believes the Petronas Twin Towers, the Putrajaya administrative capital and some of the other giant projects were utilitarian. On the contrary, they were designed to impress, to engender awe for the new Malaysia.
What do you think the results would have been, if Malaysia did not go Dr M's way and took a slower path towards modernisation? What would have been the impact on our politics, judiciary, government, and other areas?
I find it hard to comment on such "what ifs". Dr Mahathir pushed Malaysia to develop at breakneck pace. Maximum growth was the mantra that produced the so-called East Asian Economic Miracle in the 1980s and 1990s. Today, after the 1997-1998 Asian economic crisis and the 2008-2009 global financial meltdown, there's a widespread view that growth should be more measured to be sustainable.
Dr M is prepared to sue you. What would your defence be?
Dr Mahathir initially said he reserved the right to sue me in connection with losses in financial scandals, but soon after said he had decided not to, since legal action would take a long time to work its way through the courts. To his credit, Dr Mahathir has rarely sued over critical articles or books during his long political career, though on the other side of the ledger he used political action, such as expulsion, delays and bans to curb unwelcome publications.

Kes Kapal Selam: Peguam Perancis Tak Takut Ugutan

Dari Malaysiakini
Oleh Susan Loone

Peguam Perancis, Joseph Breham percaya akan wujudnya “tekanan dan ugutan” sepanjang usahanya menyiasat pembelian dua kapal selam buatan negaranya kepada Malaysia. Namun menurut Breham, beliau tidak gusar kerana tumpuan antarabangsa kepada kes berkenaan semacam memberikan perlindungan untuk beliau.

“Sebagai contoh, sekiranya berlaku sesuatu kepada saya di Malaysia, ia akan menarik perhatian media antarabangsa, tekanan politik dan sebagainya, ini akan menjadikan lebih produktif.

“Saya bukan penterjemah Mongolia. Sekiranya terdapat masalah, semua media berbahasa Perancis akan memaparkan tajuk seperti ‘Peguam Perancis yang menyiasat dakwaan rasuah hilang di Malaysia’. Tiada siapa yang boleh terima perkara ini,” kata Breham dalam satu wawancara baru-baru ini.

Breham dan dua lagi rakannya yang mewakili Suara Rakyat Malaysia (Suaram) – sebuah NGO hak asasi manusia – memfailkan aduan di sebuah mahkamah di Paris berhubung pembelian dua kapal selam Scorpene daripada firma pertahanan Perancis DCN.

Walaupun tujuan siasatan itu untuk mengenal-pasti sama ada berlaku perkara yang disangsikan berhubung penjualan kapal selam itu, namun ia juga secara tidak langsung merancakkkan kembali perbincangan terhadap pembunuhan wanita Mongolia Altantuya Shaariibuu.

Berikut adalah sedutan wawancara Malaysiakini dengan Joseph Breham:

Sila jelaskan kepada kami mengenai latar belakang anda dan bagaimana anda boleh terlibat dengan kegiatan hak asasi?

Joseph Breham: Saya peguam dari Perancis yang mempunyai kepakaran dalam undang-undang jenayah antarabangsa dan hak asasi manusia. Saya juga merupakan pensyarah universiti dalam bidang undang-undang jenayah antarabangsa di Toulouse.

Saya mengajar tiga minggu setahun. Saya juga pakar dalam bidang kegiatan keganasan dan mengendalikan banyak kes yang berkaitan dengannya. Hakikatnya saya berkerja dengan kerajaan dalam bidang pencegahan penganas, melatih hakim dan pendakwa tentang terorisme termasuk menghormati hak asasi. Begitulah bagaimana saya boleh terlibat dengan kerja hak asasi manusia.

Saya amat tertarik dengan hak asasi manusia sejak saya dilahirkan pada 1978, dan sejak itu saya berusaha untuk memahaminya. Sebagai contoh (selepas) kejatuhan Tembuk Berlin, dunia menjadi semakin bercelaru dan timbul perkara baru yang tidak keruan, yang mana (ia adalah) keganasan dan keuntungan globalisasi.

Pekembangan baru ini menyebabkan banyak syarikat multi-nasional tidak menghormati apa sahaja bentuk peraturan. Mereka mempunyai kuasa bagi memaksa kerajaan mengikut telunjuk mereka. Mereka menjadi lebih korup dan kerajaan tidak boleh memaksa mereka (mematuhi) segala kewajipan. Itulah yang menyebabkan saya menceburi dalam kerja-kerja hak asasi.

Jelaskan kepada kami, pengalaman anda dalam mengedalikan kes berkaitan korupsi.

Joseph Breham: Kebanyakkan kes yang saya kendalikan lebih tertumpu kepada negara di benua Afrika. Setiap kes hak asasi yang berkait dengan syarikat multi-nasional juga dikaitkan dengan rasuah. Kami, di Sherpa (organisasi yang diwakilinya) pada mulanya tidak mengendalikan kes rasuah.

Tetapi sekiranya kami mahu lebih efisyen, kami perlu mendepani isu ini. ‘Sherpa’ bermaksud ‘menolong rakyat di Selatan untuk menuntut keadilan’.

Saya mula bekerja di Sherpa pada 2006 dan baru-baru ini saya dilantik ahli lembaga pengarah. Ia ditubuhkan oleh William Bourdon, mantan setiausaha agung Pertubuhan Antarabangsa Hak Asasi Manusia (Fidh) pada 2001. Sejak Fidh tidak menyaman syarikat, lalu kami menubuhkan Sherpa.

Call on Najib to release a full chronological order on the events resulting in the ceding of Malaysian sovereignty to Blocks L and M to Brunei and the position of Brunei’s territorial claim to Limbang

By Lim Kit Siang,

The statements by Wisma Putra, Petronas, the Prime Minister Dauk Seri Najib Razak and former Prime Minister Tun Abdullah Ahmad Badawi all have one common purpose – to avoid answering two important questions:

1.

When and why Malaysia ceded away Malaysian sovereignty to two oil and gas-rich offshore areas in South China Sea, namely Block L and Block M, in favour of Brunei; and
2.

Whether and if so, when Brunei had surrendered its territorial claim of sovereignty to Limbang and recognized full Malaysian sovereignty instead.

Although Wisma Putra, Petronas, Najib and Abdullah know fully well that their statements would be scrutinized for answers to these two most important questions, all their verbiage have one common thrust to avoid answer to these two questions.

This can only raise suspicions to crisis point.

I call on Najib to release a full chronological order of the events resulting in the ceding of Malaysian sovereignty to Blocks L and M to Brunei and the position of Brunei’s territorial claim to Limbang, whether and if so when, Brunei had surrendered its claim of sovereignty to Limbang.

Another former Prime Minister, Tun Mahathir had estimated that the worth of oil and gas rights for Blocks L and M are in the region of US$100 billion (RM320 billion) – no paltry sum for any Prime Minister or Government to trifle with to avoid full public accountability.

As Prime Minister for 22 years, Mahathir’s statement that Blocks L and M had been claimed by Malaysia based on historical facts and that based on Malaysia’s sovereignty, Petronas had entered into a production sharing contract with Murphy Oil to start drilling to produce oil estimated at one million barrels, cannot be ignored.

Was Mahathir misinformed when he blogged last week that Abdullah had negotiated with the Sultan of Brunei to get back Limbang in Sarawak in return for the surrender of the two Blocks to Brunei and that Brunei had beaten Malaysia in the diplomatic game in securing the sovereignty for the two Blocks L and M without surrendering its sovereignty claim to Limbang?

Najib should issue a White Paper to throw full light on this issue without any further delay. The Battle of Prime Ministers over Malaysia’s sovereignty to Blocks L and M and to Limbang is not doing the Najib Administration and Tun Abdullah’s reputation any good.

Malaysia And Indonesia Have Meeting On Cooperation For Information And Communication

KUALA LUMPUR, May 3 (Bernama) -- The Joint Committee on Information and Communication Meeting (JCICM) between Malaysia and Indonesia started here Monday with senior officers of both nations to cement ties in information and communication.

The secretary-general of the Ministry of Information Communication and Culture, Datuk Kamaruddin Siaraf, said the focus of the meeting was discussion on the memorandum of understanding (MoU) that was inked in 1984.

This follows the merging of the information, communication and culture sectors under the purview of one ministry in April 2009.

Earlier it was known as the Joint Committee in the field of Information (JCIM).

"The MoU is ready for ministers to view tomorrow and we will present it to the Cabinet and the Indonesians will do the same to their legislature for approval," he said.

"The MoU will be signed in the following meeting," he said.

Kamaruddin said this when met at the JCICM 2010 meeting at the Crafts Complex here Monday.

He said the two-way meeting was also to review the cooperation between the two nations before exploring new ventures.

"In the meeting there was a suggestion to produce a documentary film to enhance cultural ties.

"With this understanding sensitive issues between both countries can be controlled.

"The documentary film will involve both countries, joint production and shared cost," he said.

Kamaruddin said the documentary film will show that Malaysia and Indonesia were committed to better understanding to enhance better relations.

Fifty Malaysian delegates and 25 from Indonesia will attend the JCICM 2010 meeting that will be held at senior officials and ministerial levels.

Kamaruddin heads the Malaysian delegation while Indonesia is represented by its secretary-general of the Ministry of Communication and Information Technology, Dr Basuki Yusuf Iskandar.

The Malaysian delegation includes Bernama general manager Hasnul Hassan, Deputy Chief Editor (Foreign Services) Ahmad Zukiman Zain, Broadcasting director-general Datuk Ibrahim Yahaya, Filem Negara director-general Raja Rozaimie Dalnish and the deputy director-general (Operations) of Finas Mohd Zulkifli Ab Wahab.

The Information Communication and Culture Minister Datuk Seri Dr Rais Yatim will attend the the ministerial level meeting on Tuesday together with the Indonesian Minister of Communication and Information Technology Tifatul Sembiring.

Rais and Tifatul are also scheduled to sign the minutes of the meeting Tuesday.

Police can use ‘reasonable force’

The Star
by LOURDES CHARLES

KUALA LUMPUR: A policeman has the right to use reasonable force to effect an arrest in a seizable offence committed in his presence, said former deputy Inspector-General of Police Tan Sri Samshuri Arshad.

He said a policeman had to make a split-second decision in such cases.

“Police use of firearms is governed by the Penal Code, Criminal Procedure Code as well as the Police Operational Procedure.

“He also has the right of private defence if it is in his reasonable judgment there is imminent and immediate danger to himself.”

Samshuri, who served the force for more than 35 years, said all circumstances surrounding such an incident had to be taken into consideration.

He said that included the time, place and the incidents of crime prevailing in the area.

Commenting on the fatal shooting of a teenager in Shah Alam recently, he said police investigations into the case must be seen to be fair, transparent and make available evidence for a proper and just determination.

“We are all very sorry and sad over the incident and wish the whole incident had never happened. Since it has happened, the public must allow the law to take its normal course,” he added.

Email : cubaan bongkar kisah Najib di Port Dickson

Artikel dibawah ini bukan tulisan che'GuBard tetapi ia adalah petikan dari email pembaca yang memetik dari sebuah blog yang dikenali sebagai blog milosuam. Baca dan nilai sendiri. Beri komen di ruangan komen dan ulasan akan menyusul dalam posting akan datang.

sedang CiLiK© sibuk mencari maklumat di internet melalui enjin carian google, terkejut CiLiK© apabila secara tidak sengaja menemui keyword "Skandal Najib dan Ziana Zain" sebagai salah satu keyword popular di Google. Keyword ini membawa CiLiK© kepada beberapa link Forum terkenal, salah satunya ialah Forum Tempur Maya MyKMU.net iaitu forum milik Pemuda UMNO.

Sebelum ini seorang kawan CiLiK© yang tinggal di Negeri sembilan pernah mendedahkan hal ini. Seorang kawan berkata Isa Samad (MB Negeri Sembilan) adalah hero Najib, beliau takkan disingkirkan dari UMNO hanya kerana kesalahan rasuah yang dilakukan kerana Najib telah terhutang budi kepada beliau. Terkejut CiLiK© dengan kata-kata itu. CiLiK© bertanya semula benarkah kenyataan itu? Dia berkata kebanyakkan orang Negeri Sembilan terutama masyarakat Cina tahu tentang cerita sumbang Najib dan Ziana Zain ini. Kawan CiLiK© kemudian berjanji untuk memberikan bukti yang kukuh mengenai hal ini. Kita tunggu dan lihat dalam pendedahan akan datang.

Berikut CiLiK© dedahkan beberapa sumber-sumber yang diperolehi dari internet. Nampaknya memang ramai yang telah mengetahui skandal Najib ini. Berikut pendedahan dari Forumer UMNO sendiri di Forum Pro UMNO MyKMU.

Nampaknya Skandal Najib ini telah menjadi buah mulut orang di internet. Malah salah seorang ahli keluarga penolong pendaftar Mahkamah Syariah tempat Najib didakwa juga ada mengeluarkan kenyataan berikut,

Assalamualaikum...

Semasa kes khalwat Najib dgn Ziana kebetulan adik saya jadi pendaftar Mahkamah Syariah di Seremban... baru lepas grad UIA pada masa tu.

Dia pun tahu kes tersebut... semua diarah off record oleh Isa Samad pada masa tu...

Bila jumpa dia... saya cuba korek-korek, dia pun takut nak beritau sbb baru keja kat Mahkamah Syariah... akhirnya pecah rahsia jugak.

Kes Najib dan Ziana ditangkap khalwat adalah benar, cuma nak tuduh lebih dari tu saya tak berani sbb tak nampak.

Cuma, bila berdua-duaan dlm bilik oleh bukan mahram faham-faham ajelah... ia sesuatu memalukan kpd seorang pemimpin tertinggi negara. Apatah sekali-sekala bercerita bab moral dan bab Islam, malah pernah perlekehkan ulamak...

Ibn_Irsyad

Berikut screenshot dialog tersebut, sila klik untuk membesarkan image,



CiLiK©: Boleh tahan juga ye si Najib ni... Miang macam kucing jantan

EPF share investments: An interesting question - Anil Netto

Recently a news report revealed that fund managers were in agreement that it is unhealthy for the Employees Provident Fund (EPF) to dominate 50 per cent of the daily trading on the local stock market. This raises an interesting question.
Najib had said the EPF’s dominance in Bursa is “not healthy” for the local stock market or for the EPF. This is cited as one of the reasons for allowing the EPF to invest up to 10 per cent abroad.
The EPF’s total funds amount to RM370 billion with a quarter invested in Bursa. The total daily value of transactions on Bursa can surpass RM1 billion per day. Today, for instance, it was RM1.03 billion.
And now the interesting question:

Is there a commission on the EPF’s transactions in Bursa? And if so, how much do they add up to per day and who receives them?
Let’s try and do some rough calculations to arrive at a ball-park figure:
How much was the total value of transaction on Bursa last year? From the brokers’ trading summary for December 2009, we can see the year-to-date total value of Bursa transactions was RM605.6 billion.
Now roughly 50 per cent – i.e. RM302.8 billion – we are told, was accounted for by the EPF.
Assuming a brokers’ commission rate of 0.25 per cent, that would give us RM757 million in commissions.
Assuming these assumptions are fairly close to reality, that’s a lot of money going to brokers in commissions out of workers’ savings in the EPF. The total commissions could be even more than what some banks would make in profits. For example, EON Capital made a profit of RM341 million for 2009, it was revealed to Bursa.
What do you think? I invite corrections to these assumptions or more accurate figures if you have them. It would be good if the EPF can make public how much it paid out in commissions for 2009.
The Star report in full:

Tuesday April 6, 2010
Fund managers echo PM view on EPF trades
By TEE LIN SAY
linsay@thestar.com.my
PETALING JAYA: Fund managers agree that it is unhealthy for the Employees Provident Fund (EPF) to dominate 50% of the daily trading on Bursa Malaysia.
During his speech at Invest Malaysia 2010 last Tuesday, Prime Minister Datuk Seri Najib Razak had said the EPF’s dominance of the local equity market, with up to 50% of daily trading volume, was “not healthy” for the market or for the pension fund.
“It is no use being the biggest fish in a small pond where you can be attacked by everyone,” said a research head of a local firm.
“When this happens, your strategy is very limited and you cannot liquidate easily. It is difficult to get out, as you always need to be holding the baby. The result is sub-par performance.
“That is why it is very important for the Government to sell down its stakes in the government-linked companies (GLCs) to boost liquidity in the market,” he said.
He cited the example of Lembaga Tabung Haji, which at RM23bil, was less than a 10th the EPF’s size, and was thus nimbler and able to exit stocks easier.
Currently, the EPF has a total fund size of RM370bil and about a quarter of this is invested in the local stock market.
Meanwhile, Bursa Malaysia chief executive officer Datuk Yusli Mohamed Yusoff said he was well aware of the challenges facing the market and was continually working with the authorities, index providers and market participants on improving free float and liquidity in the market.
“Having said that, we agree that having one particular type of investor dominating the market is not healthy for the market over the long term.
“We want to attract a diverse set of investors into our market for sustainable growth. Therefore, our current initiatives are addressing the needs and demands of a wide spectrum of investors,” Yusli said.
He said investors should also shift their mindset and look at investing in as many Bursa-listed companies as possible.
“True to the wise saying of not putting all the eggs in one basket, investors should diversify their investment strategy and not concentrate on one or a small number of stocks as this scenario is hampering liquidity,” Yusli said.
At Invest Malaysia, Najib also said the EPF would be allowed to invest more assets overseas, both diversifying its portfolio and creating more room domestically for new participants.
EPF chief executive officer Tan Sri Azlan Zainol said the pension fund planned to increase its overseas investments to 10% of the fund size over the next one or two years.
EPF declared a dividend of 5.65% for last year. This was on the back of an improved total net income of RM19.63bil, up 34.82% from RM14.26bil in 2008.
It could possibly have declared better dividends had it invested more abroad, as that would have given it more flexibility in its movements.
“It is a good thing that the EPF is going abroad. I don’t really think there is a problem of risk as the overseas exposure is small relative to its fund size and present exposure,” said a head of fixed income from an insurance fund. “Going from 6% to 10% isn’t much. So it is not increasing risk, rather a diversification and reduction of risk.”
While certain quarters said EPF was seen as the buyer of last resort for the Government’s equity stakes in GLCs, the fund manager disagreed.
“The EPF is on the ball. They know what they are doing. They will not simply take something without evaluating it first,” he said.
EPF public relations general manager Nik Affendi Jaafar said the EPF competed against other funds whenever a block of shares was offered to the market.
“In most cases, the EPF is not able to purchase shares in the quantities that we desire,” he said.

Hisham tries to cover up Aminulrasyid’s death, misunderstands ‘prejudice’

By Nathaniel Tan,

Sigh, this Hisham:

He said the death of Aminulrasyid Amzah, 14, on Monday should not have been extensively discussed by the public and it had created prejudice towards the police.
“People are angry when a member of public is shot but the same can’t be said when police are shot. They have no sympathy at all. Is there a difference between the life of the public and police officer?”

O.O
Let me answer part 1: there is no difference.
The lost of life of any Malaysian, or any human being for that matter, is to be mourned by all.
Let me also answer part 2: of course there is a difference!
If, God forbid, a policeman is shot by a criminal in the line of duty, we can say: what a brave policeman – an example for all Malaysians, whose family must be cared for and memory forever cherished and honored; and what a horrible criminal, who must be brought to justice.
But what if a policeman shoots someone innocent without proper justification? Then, sadly, the policeman has become the criminal.
Prejudice = pre-judging, ie judging without any basis. But if there has indeed been a wrongful extrajudicial killing, then the judice is not pre, it is post!!
And yes, I bet Hisham and the rest of BN would just loooooooove it if Malaysians never discussed any crimes that might create ‘prejudice’, like oh I don’t know – submarine deals, keris waving, missing jet engines, PKFZ, and Mongolians exploding in the jungle.
Well, Mr. Home Minister, Malaysians will no longer stay silent. I know you have to ‘protect’ the cops who you abuse to protect yourself, but you will not stop the voices that clamour for justice – and a future for our children that does not include getting shot at by cops for no reason.