Hukuman pesalah syariah ringan?

Utusan Malaysia
Oleh NORAZLITA MOHD. SIES

SESEBUAH akta yang menjadi tulang belakang undang-undang tertentu bukannya suatu perkara yang statik dan ia perlu bersedia digubal dan dipinda mengikut kesesuaian masa agar tidak kelihatan terlalu 'antik'.

Perubahan akta merupakan sesuatu yang perlu dilakukan supaya ia selaras dengan perkembangan zaman dan situasi semasa serta kecenderungan masyarakat.

Baru-baru ini, media melaporkan bahawa kadar denda RM200 di bawah Akta Binatang 1953 (Semakan 2006) bagi kesalahan mendera haiwan bakal dinaikkan kepada satu jumlah yang lebih setimpal dengan penganiayaan yang dilakukan.

Selaras dengan perkembangan itu, harapan yang sama turut diimpikan oleh Timbalan Presiden Persatuan Peguam Syarie Malaysia (PGSM), Musa Awang terhadap jumlah denda dalam undang-undang jenayah syariah.

Menurut beliau, mengikut Akta Mahkamah Syariah, Bidang Kuasa Jenayah Syariah 1965 (Pindaan 1984), Mahkamah Syariah boleh menjatuhkan hukuman denda maksimum RM5,000, penjara maksimum tiga tahun atau sebatan syariah sebanyak enam kali atau gabungan antara hukuman-hukuman itu.

"Jumlah itu terlalu rendah. Jika hukuman bagi pendera binatang pun ada inisiatif untuk dinaikkan kepada RM50,000 jadi mengapa tidak pendekatan sama diambil untuk meningkatkan jumlah hukuman bagi kesalahan jenayah syariah supaya sekurang-kurangnya hukuman denda jenayah syariah ini sama dengan hukuman yang dicadangkan bagi kesalahan mendera binatang," katanya.

Lebih-lebih lagi dalam konteks semasa, Mahkamah Syariah kini kata Musa, telah mengalami banyak perubahan dari segi pentadbiran, infrastruktur dan sebagainya, maka adalah wajar hukuman bagi kesalahan jenayah syariah yang dilakukan turut dinaikkan.

Ini kerana, menurut Musa, salah satu prinsip pemakaian undang-undang yang penting adalah berkenaan dengan pengiktirafan masyarakat. Apabila masyarakat merasakan boleh memberikan kepercayaan kepada mahkamah untuk menyelesaikan masalah, maka secara tidak langsung akan mewujudkan pengiktirafan di kalangan masyarakat.

"Saya tidak nampak dengan denda yang rendah sekadar RM5,000 dapat membantu mengurangkan kadar jenayah syariah dan seterusnya menyelesaikan masalah masyarakat.

"Misalnya khalwat, kesalahan zina, bersekedudukkan, musahaqah (lesbian), liwat, murtad, perbuatan membuang bayi, hamil luar nikah dan masalah tukar agama merupakan gejala sosial masa kini yang perlu ditangani secara tuntas,'' katanya.

Salah satu cara untuk mengekang gejala-gejala sosial ini daripada berleluasa, ujar Musa, adalah menerusi mekanisme undang-undang.

Peguam itu mempersoalkan, dengan undang-undang dan hukuman yang begitu ringan bagaimanakah ia mampu membangkitkan rasa serik serta meninggalkan perasaan insaf dalam kalangan tertuduh.

Beliau berkata, pindaan Akta Mahkamah Syariah 1965 yang terakhir dilakukan pada tahun 1984 iaitu 27 tahun lalu dan dari segi prinsip pemakaian undang-undang ia sudah tidak relevan lagi. Maka itu, katanya, sudah sampai masanya ia dikaji semula dan dipertingkatkan.

Katanya, sebagai pengamal undang-undang, beliau tertunggu-tunggu adanya pengumuman daripada Menteri di Jabatan Perdana Menteri, Datuk Seri Jamil Khir Baharom untuk akta itu dipinda dan hukumannya dipertingkatkan.

"Apabila seseorang dihukum di bawah salah satu hukuman seperti yang dinyatakan, saya rasa terkilan kerana hukumannya tidak lebih RM5,000 yang boleh dilunaskan dan pesalah boleh pulang pada hari yang sama.

"Ia nampak seolah-olah kesalahan yang telah dibuat adalah kesalahan yang kecil dan boleh diulang semula. Ia juga tidak mampu membangkitkan rasa gerun dalam kalangan pesalah," kata peguam syarie itu.

Menurut beliau, jika Akta Binatang 1953 diluluskan, bererti pesalah yang melakukan kesalahan khalwat atau bersekedudukkan menampakkan kesalahan itu seolah-olah lebih ringan berbanding kesalahan melakukan kekejaman terhadap binatang.

Dari perspektif masyarakat pula seolah-olah, binatang lebih mulia berbanding hukum syarak.

Bagi Musa, sesuatu perlu dilakukan kerana dalam keadaan masyarakat sudah mengiktiraf Mahkamah Syariah, orang ramai pada masa ini boleh mengharapkan institusi itu memberi keadilan kepada mereka.

Orang ramai kata Musa, menaruh harapan agar Mahkamah Syariah boleh menghukum mana-mana pihak yang melanggar hukum syarak atau mana-mana pihak yang mengabaikan tanggungjawab mereka.

Sehubungan itu, pihaknya amat berharap agar hukuman bagi pesalah syariah dapat dikaji semula bagi memastikan ia sejajar dengan perkembangan semasa dan imej institusi tersebut dipandang tinggi serta dihormati.

Zahid Urges Malays To Unite And Support BN In Next Election

IPOH, Sept 11 (Bernama) -- Umno vice- president Datuk Seri Dr Ahmad Zahid Hamidi has called on the Malays to unite to support Barisan Nasional (BN) candidates in the next general election, particularly those from Umno, to ensure their interests are taken care of.

He added that although the position of the Malays and the Malay rulers were enshrined in the constitution, this could change if the opposition won the election.

"We should therefore take steps to unite the Malays under the umbrella of Umno and BN; let's not harp on trivial issues which could undermine the unity which we have built all this while," he said, here.

As an Umno leader, he said, he and other party leaders were ready to render assistance to Umno and BN at the state level in retaining existing seats and in winning back the seats won by the opposition in the last general election.

Putrajaya responsible for police handling of Bersih, says law expert

KUALA LUMPUR, Sept 10 — A constitutional expert has criticised the government for blaming the police for the way the Bersih rally was handled, saying today Putrajaya should be held responsible for the public fallout over the matter as police officers had acted strictly under government orders.
 
Professor Abdul Aziz Bari said that Malaysia practised a Westminister model of democracy, whereby Article 43 (3) of the Federal Constitution dictates that the police force answers to no one but the government of the day.

“The government cannot blame the police in the Bersih issue. The police force is part of the public service and this, in turn, is under the care of the executive, namely the government of the day.

Constitutional expert Professor Abdul Aziz Bari said today that “the buck stops with the government” over the police's response to the July 9 Bersih rally. — file pic

“Like in other Westminster democracies, the government is responsible for the public servants, including the police force. As they are not elected, it is the elected Cabinet who must be made accountable. That is the essence of responsible
government as laid down under Article 43 (3) of the Federal Constitution,” he told The Malaysian Insider today via email.


Aziz was responding to remarks made earlier today by Tan Sri Dr Koh Tsu Koon. Koh had said that the police’s handling of the July 9 Bersih rally was the cause of Prime Minister Datuk Seri Najib Razak’s recent approval rating decline.

The Gerakan president agreed with Tun Dr Mahathir Mohamad’s view that the rally had affected the government’s image, but stressed that Putrajaya had never meant to “stifle” anyone’s freedom of speech or right to express themselves.

Koh, a minister in the Prime Minister’s Department, said measures taken by the police during the rally had given the public the “impression” that the government was “too restrictive”, and that this was not true.
“The buck stops with the government; it cannot point the finger at the public servants ... In the Bersih affair, the police were acting under the instructions of the government,” Aziz explained further.

He said that the Najib administration’s move to pin the blame on the police was not a new occurrence, and that a similar tactic was employed by Dr Mahathir during the infamous Operasi Lalang incident.
“Serve the police right. They have become a guinea pig again,” Aziz added.

Dr Mahathir, in an Astro Awani interview aired yesterday, said that Najib’s recent approval rating decline was due to his administration’s handling of the Bersih rally.

He had agreed with the findings of Merdeka Center’s latest survey, which saw Najib’s approval rating slide to its lowest point of 59 per cent since last May’s high of 79 per cent. He said that the government’s image was badly affected due to the strict measures taken by the authorities to maintain public order on July 9.

The former prime minister pointed out that Putrajaya had acted wrongly by banning people from wearing yellow garments.

A Merdeka Center survey had concluded that the rating drop was fuelled by rising concerns over the surge in living costs and Putrajaya’s handling of Bersih 2.0.

Pakatan Rakyat (PR) lawmakers have basked in the aftermath of the survey results, claiming it indicated a clear voter swing towards the federal opposition, while Barisan Nasional (BN) leaders have chosen to stay indignant, saying the poll may not be an accurate reflection of voter sentiment.

The survey involved respondents aged 21 and above across the peninsula who were selected through a random stratified sampling along the lines of ethnicity, gender, age and state of residency. Of the 1,027 polled, 59 per cent were Malays, 32 per cent Chinese and nine per cent Indians.

Three brothers file report over police brutality

Handcuffed, assaulted and asked to pay a bribe of RM150 for a traffic violation

KUALA LUMPUR:  Three brothers lodged separate police reports against police after they were allegedly beaten up while hancuffed and asked to pay a bribe to settle a traffic offence.

M Gunasegaran, 22, M Thenes, 20 and M Magendran 15 lodged their reports at the Tanjung Malim Police station in Perak after the incident.

Gunasegaran, a wireman, said that on Sept 4, he was on his way to buy groceries at a shop not far from his home when he was stopped by a police officer for not wearing a helmet.

“I was not carrying the necessary documents when I was stopped and offered to show it to  the officer if he allowed me retrive them from my home.

“He then took me to my house and having found that I did not have a valid driving license, he began using abusive language on me and called for back up,” said Gunasegaran.

Four  plainclothes officers arrived soon after and arrested Gunasegaran, his youngest brother Magendran and a relative, Surish Kumar, who was visiting his family.

“They beat me and my brother, a student, and arrested all of us, including my relative who was at home during the incident,” he said.

At the police station, Gunasegaran alleged that police officers  taped their eyes shut and started punching and kicking them. They also choked them with a rubber hose.

Thenes, the younger brother of Gunasegaran said he rushed to the station after learning of his brothers’ arrest.

“An officer in uniform told me that my brother had broken the law and said that he would have to pay RM2,500 if they hauled him to court,” said Thenes.
“The officer then offered to release all of them if I paid RM150. I had no choice but to pay up the money demanded by him,” he added.

Gunasegaran said he made a police report at the station over the incident and is planning to take legal action.

Meanwhile, Malaysian Tamil Students Progressive Association president MS Arjunan described the police action as disgusting.

“Cruelty by law enforcement officers must not be condoned. They are entrusted to keep  peace and security,” he said.

He said that he will file a complaint with the Ministry of Home Affair and the Inspector general of police over the matter.

Pakistani Christian killed during pilgrimage to the town of Mary

Sunil Masih, 25, left the group travelling to Mariamabad and never returned. The corpse showed signs of injury. Police deny possibility of his being run over by a truck. Identity of the perpetrators of the murder still unknown. The pain of the family, who lost their only son.

Mariamabad (AsiaNews) - Sunil Masih, a 25 year old Pakistani Christian, was kidnapped and killed as he walked on a pilgrimage to the shrine of the Virgin Mary in Mariamabad, the "city of Mary," in the province of Punjab. The Pakistan Christian Post (PCP) reports that during the journey the young man left the group for a few minutes, heading for the fields for physiological needs, and his body was found shortly after, with visible signs of injuries (see photo). The boy was run over by a truck, to make it appear an accident. However, police investigating the body and the dynamics of episode, strongly denyi the possibility of it being an accident.

Sunil Masih was an only child and sole source of income for the family, because his father suffers from serious kidney problems. At the news of the death of the young man, the mother fainted from the pain. Human rights activists and Pakistani Christians denounce repeated deaths, thefts and robberies perpetrated against the religious minority. They demand greater protection from police and government authorities.

For 60 years now, September 4 marks the beginning of the traditional pilgrimage to the Grotto of Our Lady, Daman E Mariam, located in one of the oldest Christian places of Pakistan, about 115 km from Lahore. The culmination of the festival coincides with September 8, the day the Church celebrates the Nativity of Mary, Mother of Jesus.

The faithful from around the country are travelling on country roads on foot or by bicycle. Some groups are moving by train, those who have them, by car. All embellish their means of transport with streamers or banners to signal that they are travelling to the village of Mary. Catholics are moving along with Christians of other confessions, but also Muslims, Hindus and Sikhs. Our Lady of Marialabad has many devotees and over the years has called to her a growing number of pilgrims.

The construction of the grotto dates back to 1927, built by a missionary, Fr Ostar. Years later, in 1949, Fr. Emmanuel Asi promoted the first pilgrimage over three days, starting then as now on September 4th, the faithful throughout the country make their journey to pay homage to the Virgin and ask for her intercession.

Chegu Bard mahu Utusan Malaysia sedar diri

“Minggu lepas saya telah menghantar email kepada Utusan Malaysia bagi menjelaskan semua ini tetapi sehingga hari ini tiada sebarang respon dari mereka."

SEREMBAN: Kecewa dengan pemberitaan akhbar Utusan Malaysia yang didakwa menipu orang Melayu, Pengerusi Solidariti Anak Muda Malaysia (SAMM), Badrul Hisham Shaharin  bersama ahli SAMM mengambil tindakan menampal tiga keping poster bermesej di hadapan pejabat akhbar tersebut di Seremban.

Chegu Bard bersama penyokongnya menampal poster tersebut bagi menjelaskan dan menafikan tuduhan laporan akhbar tersebut pada 30 Ogos lalu yang mencabarnya untuk membuat laporan Suruhanjaya Pencegahan Rasuah Malaysia (SPRM) terhadap pendedahan isu cincin berlian RM24.45 juta yang dikaitkan dengan isteri Perdana Menteri, Datin Seri Rosmah Mansor.

“Utusan Malaysia merupakan media pekak bagi Umno yang mengamalkan strategi “pembohongan besar”.Akhbar tersebut mencabar saya membuat laporan SPRM pada 30 September sedangkan laporan SPRM telah pun saya buat pada 13 Julai di SPRM Pulau Pinang dan wartawan Utusan Malaysia juga berada dalam sidang akhbar tersebut.

Tiada respon

“Minggu lepas saya telah menghantar email kepada Utusan Malaysia bagi menjelaskan semua ini tetapi sehingga hari ini tiada sebarang respon dari mereka.

“Maka sebagai langkah terakhir saya datang sendiri ke pejabat Utusan Malaysia dan menampal segala penjelasan saya berhubung pendedahan isu cincin berlian RM24.5 juta yang dikaitkan dengan Rosmah dan penafian tuduhan Utusan Malaysia terhadap saya yang disiarkan oleh akhbar tersebut pada 30 September lalu.

“Utusan Malaysia melaporkan isu tersebut ikut suka hati mereka dan tindakan saya pada hari ini ialah untuk bagi mereka sedar diri dengan sikap tidak bertanggungjawab mereka” kata Chegu Bard  yang juga merupakan Ketua Cabang PKR Rembau.

Kedah, not Malacca, the oldest kingdom

Latest archaeological findings by a USM archaeological team places the Kedah sultanate as possibly the oldest in the world.

KUALA LUMPUR: Local history books may have to be re-written to accommodate a Universiti Sains Malaysia(USM) archaeological team’s discovery that the Kedah sultanate pre-dates Malacca as the oldest in the Malay peninsula.

The team from USM’s Centre for Global Archaeological Research (PPAG) has unearthed evidence of ancient artifacts and an iron smelting site in Kedah dating back to 110 AD.

Among the discoveries were a complete and intact foundation of a stone building constructed with detailed geometrical precision, revealing the unification of the concept of squares and circles.

The excavation, which began in February 2009, is expected to provide answers to various questions regarding the history of the excavation site at Sungai Batu, Bujang Valley.

Associate Prof Dr Mokhtar Saidin, the director of PPAG, said that these latest crucial discoveries must be acknowledged by the government, and concedes that Kedah pre-dates Malacca as the starting point of local history.

S Gobikrishnan, an independent researcher, added: “It (the government) must accept the hard evidence and set the record straight about the early history of Bujang Valley, and Malaysia’s history should start with Kedah and not Malacca.”

Gobikrishnan, the head of the Lembah Bujang Independent Research Group for the past seven years, said the federal government deliberately concealed the facts about the history of Kedah and in the process played out the Sultanate of Kedah by giving prominence to Malacca.

According to him, Merong Mahawangsa, the founder of the Kedah kingdom, was originally a prince by the name of Maaran Mahavamsan from Persia and not Macedonia.

Wrong assumptions
He said most historians have made wrong assumptions about Merong Mahawangsa.

“Mahavamsan”, means “from a great generation” and Maaran Mahavamsan comes from the lineage of Alexander the Great.

“After Alexander won the Battle of Gaugamela in Persia, he married a local princess by the name of Shaher Ul Beriah. And Maaran Mahavamsan was a 11th generation decendent of Shaher Ul Beriah,” said Gobikrishnan.

Although Maaran Mahavamsan was born in Persia, his name clearly suggests he was of Hindu stock, said Gobikrishnan, who added that for trading purposes, he travelled to a port city called Nagapattinam which still exists today in South India.

From there he sailed to Kedah and formed the Kingdom of Kedah. Athough there are many theories for Maaran’s arrival in Kedah, trade seemed to be his main purpose. Moreover, Kedah was considered part of “greater India” from West India to Cambodia.

Gobikrishnan also said that under Maaran’s administration, Kedah become a famous entreport and a second century inscription found at the Puhar Port (in Chola Kingdom, India) clearly acknowledges the existence of Kedah.

The inscription states that Kedah was famous among traders for trading in “luxuries” (spices). A recent discovery also showed that Kedah had an old port constructed of wood in Merbok.

“So, all the earliest sites like the iron smelting foundary, port and stone structures showed that Kedah played an important role as an industrial and trading centre.

“Starting with Maaran Mahavamsan until Maharaja Durbar Raja who was also known as Sultan Muzaffar Shah (1136-1179), Kedah had eight Hindu kings before Durbar Raja converted to Islam,” said Gobikrishnan.

Parameswara originated from Kedah?
He added that the Kedah sultanate was unique and one of the oldest in the world.

“The current Sultan Abdul Halim Mu’adzam Shah is the 35th generation of Merong Mahawangsa. The federal government deliberately refused to accept these facts.

“Why is the federal government acknowledging Malacca as the first Malay sultanate when the facts show that Kedah deserved that honour? asked Gobikrishnan.

He also pointed out that Ganga Negara, the Thailand kingdom, and even Parameswara, the founder of Malacca, all originated from the Kedah kingdom.

Gobikrishnan appreciated the federal government’s initiative to set up a place for taking care of the things found in Bujang Valley.

“But, it is not enough. The government should re-write the history and honoured Kedah and the Sultan.”
He added that sidelining Kedah from history is a big embarrassment to the Kedah sultanate which was the earliest in the Malay Peninsula.

Gobikrishnan also urged the Kedah state government to take the initiative to ensure Kedah takes its rightful place in Malaysia’s history.

Fatwa needed on 'Abdullah' rule change

The New Straits Times
By Baharom Bakar

KUALA BERANG: The state government's proposal for Muslim children born less than six months after their parents' marriage to carry their fathers' name may come into effect much sooner as no amendment to the National Registration Act 1960 is needed.

A state National Registration Department (NRD) spokesperson said there was no need to amend Section 13 of the act as this could be implemented if the National Fatwa Council were to give its green light.

Hulu Terengganu member of parliament Mohd Nor Othman said he supported the state government initiative and had contacted the NRD and the Home Ministry about the possibility of implementing it.

Information gathered showed that the council approval was needed before it could be implemented.

"The approval is needed as the father's name in the identity card will also affect other procedures like inheritance and marriage under Islamic laws," he said.

Nor was commenting on the state government's proposal to the NRD that would enable Muslim children born less than six months after their parents' marriage to carry their fathers' name in their identity card, with an additional "Section 13" note as reported in the New Straits Times yesterday.

Currently, the NRD will state "Abdullah" as their father's in their identity card.

The proposal was formulated during a special meeting between the Terengganu Islamic Affairs Department (JHEAT), the state NRD, the state Mufti Department and the Terengganu Syariah Judiciary Department last Monday.

State religion and information committee chairman Khazan Che Mat, who chaired the meeting, said it was to prevent such children from facing an emotional trauma due to the social stigma of not having their father's name on their identity cards.

Nor said he would bring up the matter during the next parliamentary session next month.

"I am all for the proposal as it is understood that there are more than 300,000 children in the country facing such a predicament," he said.

New York cracks down after "credible" 9/11 threat

(Reuters) - New York police amassed a display of force on Friday including checkpoints that snarled traffic in response to intelligence about a car or truck bomb plot linked to the 10th anniversary of the September 11 attacks.

Officers armed with automatic weapons were stationed at city landmarks including Wall Street, Times Square and the September 11 memorial site where the Twin Towers once stood.

U.S. officials called the threat "credible but unconfirmed" and timed to the anniversary of the hijacked plane attacks that killed 2,995 people in New York, Washington and Pennsylvania.

There was reason to believe threat may be linked to al Qaeda leader Ayman al-Zawahri, a U.S. official told Reuters on Friday, speaking on condition of anonymity.

New Yorkers who have grown accustomed to bag searches at subway stations and random displays of police presence encountered increased vigilance after the threat, which prompted President Barack Obama to order a redoubling of U.S. counterterrorism efforts.

A manhunt was under way for two or three suspects, U.S. officials said on condition of anonymity. One said there could be a link to Zawahri, who took the reins of al Qaeda after Osama bin Laden was killed in May in a U.S. raid in Pakistan.

Near the site known as Ground Zero, where a new World Trade Center is under reconstruction and Obama will attend Sunday's commemoration, police established a checkpoint behind the historic Trinity Church, stopping vehicles, opening the cargo bays of trucks and checking drivers' licenses.

Similar checkpoints went up at Times Square, Columbus Circle on the southern edge of Central Park and outside the Macy's department store in midtown, creating traffic jams all over Manhattan.

"I think for our safety it is good," Eva Kurzawska, 57, said as she watched irritated drivers a checkpoint in midtown.

"The commute on the train this morning was horrible but it was worth it because we are being protected," said Mario Vigorigo, 42, a wireless manager from Brooklyn.

Sam Ginzburg, a senior trader at First New York Securities, said warnings of a potential attack was one factor unnerving traders before the weekend. "There is an extreme amount of negativity," he said as U.S. stocks fell on Friday.

A senior law enforcement official told Reuters police patrols and security will be stepped up beginning at 3 p.m. EDT to coincide with the evening rush hour. The operation will involve a "big show of force" which will include teams of officers armed with heavy weapons.

While the rush-hour operation had been planned some time ago, the forces and tactics deployed were increased after authorities received the intelligence threat this week.

'TERRORISM IS THEATER'

The intelligence included possible threats of attacks targeting subways or commuter trains or possible car bomb attacks in New York or Washington, U.S. officials said.

"We have to be concerned. Terrorism is theater and this is a stage, right now probably the world's biggest stage," New York City Police Commissioner Raymond Kelly told CNN.

"We have the opening of the 9/11 memorial, the president and two former presidents here, obviously a lot of high profile public officials will be here, so we have to be concerned," Kelly said.

In addition to the vehicle checkpoints, police would assign additional officers to cover bridges and tunnels, increase bag searches in the subway system, deploy radiation detectors and employ bomb-sniffing dogs, Kelly told NY1 television.

Vice President Joseph Biden said on ABC's "Good Morning America" program on Friday morning, "We don't have the smoking gun but we do have talk about using a car bomb."

A counterterrorism official said the threat information came from Pakistan's tribal areas.

Documents discovered in Osama bin Laden's compound in Abbottabad, Pakistan, after he was killed in a raid in May by Navy SEALs, highlighted his persistent interest in attacking the United States around the anniversary of the 2001 attacks. But it is unclear if the plans ever evolved beyond aspiration.

(Additional reporting by Mark Hosenball in Washington; Michelle Nichols, Edward Krudy, Brian Snynder and Jennifer Marostica in New York; Editing by Doina Chiacu)

Hindu Americans react to terror strikes at New Delhi's High Court

Washington, D.C. (September 9, 2011) - Leaders at the Hindu American Foundation (HAF) were stunned after the deadly bombing yesterday that killed twelve and injured dozens outside the Delhi High Court in India's capital. The attack using a briefcase bomb was strategically planned to maximize casualties as Wednesdays see large crowds at the High Court.

 

"We offer our condolences to the families of those who perished and pray for the speedy recovery of those injured,” said Samir Kalra, Esq., HAF Director. “It is our sincere hope that the state brings the perpetrators to justice. Citizens of the world’s largest democracy should never fear visiting their government institutions, or any public space.”

 

Yesterday's bombing was the first major attack in New Delhi in over three years, though India’s financial capital, Mumbai, saw blasts that killed over 20 in crowded market places this past July. South Asian-based terror group Harkat-ul-Jihad-al-Islami (HuJI), listed by the U.S. State Department as having links to al-Qaeda, and the indigenous Indian Mujahideen, which also has international terrorist links, have both made conflicting claims of responsibility for the violence.

 

HuJI and other groups have conducted similar bombings in Pakistan, Bangladesh, and in other parts of India, and this has been documented in HAF’s annual human rights report. Police forces have detained five people in connection with Wednesday’s blasts, but believe it is too early to name any one particular group as responsible.

 

"It is imperative that the Indian government provides adequate security in places where large crowds gather, especially in and near government buildings,” said Jay Kansara, HAF’s Associate Director. “Many of the perpetrators of the horrific attacks on India’s Parliament in 2003 and in Mumbai on November 2008 and July 2011 are yet to be brought to justice. In the meantime, these groups with clear ties to Pakistan’s military and Inter-Services Intelligence (ISI) agency continue to use terror to carry out a proxy war on India. We urge the U.S. to curb funding to countries who use terror as an instrument of state policy.”

Dr M pins Najib’s ratings slide on Bersih rally handling

Dr Mahathir said the move by authorities to ban yellow T-shirts had reflected badly on Najib and his administration. — File pic

KUALA LUMPUR, Sept 9 — Prime Minister Datuk Seri Najib Razak’s recent approval ratings decline was due to his administration’s handling of the July 9 Bersih rally, Tun Dr Mahathir Mohamed has said.
 
The former prime minister agreed with the findings of Merdeka Center’s latest survey, which saw Najib’s approval rating slide to its lowest point of 59 per cent since last May’s high of 79 per cent.

Merdeka Center had then concluded that the ratings drop was fuelled by rising concerns over the surge in living costs and Putrajaya’s handling of Bersih 2.0.

Dr Mahathir told Astro Awani in an interview aired today that the government’s image was badly affected due to the strict measures taken by authorities in maintaining public order on July 9.

He pointed out that Putrajaya had acted wrongly by banning people from wearing yellow shirts.
“This has been blamed on (Prime Minister) Datuk Seri Najib but I do not know what Datuk Seri (Najib) did by ordering that people could not wear yellow shirts.

“I do not think he would tell the police not to allow yellow shirts. But the fact is that those who wore yellow shirts were seen as enemies. This is a move by the Malaysian government and that gave a bad image to the government,” the country’s longest-serving prime minister said.

Pakatan Rakyat (PR) lawmakers have basked in the aftermath of the survey results, claiming it indicated a clear voter swing towards the federal opposition, while Barisan Nasional (BN) leaders chose to stay indignant, saying the poll may not have been an accurate reflection of voter sentiment

The survey involved respondents aged 21 and above across the peninsula who were selected through random stratified sampling along the lines of ethnicity, gender, age and state of residency. Of the 1,027 polled, 59 per cent were Malays, 32 per cent Chinese and nine per cent Indians.

Dr Mahathir said that as a result of the rally, the Bersih 2.0 organisers had succeeded in what he called their objective of attacking the government’s image and Najib’s leadership.

“I feel that Bersih succeeded in achieving its mission to discredit the government’s image. They knew that if they did a demonstration, the government would place teams to prevent it. Because of this, the government’s image is affected because of its actions such as banning people from wearing yellow shirts and so on,” Dr Mahathir added.

When asked to comment on his own daughter’s (Datuk Seri Marina Mahathir) involvement in the rally, the former PM said that he respected her freedom to do what she wanted.

“I did not say my daughter had to follow me. They can think for themselves. Alhamdulillah, she joined but she was unharmed,” he added.

More unhappiness over vacant MIC senator post

The president has indicated that the vacant slot will go to the national treasurer but the youth wing feels it deserves the post.

KUALA LUMPUR: There is a minor revolt in MIC over the party president’s pick to fill a vacant senator’s post.

A party source said that MIC president G Palanivel has indicated that he will select national treasurer Jaspal Singh to fill the senator’s post which will be vacant as Daljit Singh Dalliwal’s term ends today.

The source said the youth wing is not happy with the president’s suggestion as Palanivel has gone on record as saying the youth wing deserves a senator’s post.

“The proposal was truly unfair as the president promised a senatorship for the youth wing at a Central Working Committee (CWC) meeting,” the source said.

The MIC youth desperately need a senator’s post to convince Indian youths who have no faith in MIC.
“We need the post to voice out our problems affecting Indian youths ,” the source said.

Meanwhile, a senior branch chairman said that Palanivel’s move will not go down well with party members.

The branch chairman from Kedah said most of the Kedah members are upset after the president decided to give two senatorship to the same division.

Last month, Petaling Jaya Selatan MIC chief V Subramaniam and division Wanita head A Sivabagiam were appointed senators.

“It looks like the party central committee is sidelining state leaders,” he said.

He added that Palanivel should be aware that when it comes to general election the state leadership is more important than the central committee.

He also said that MIC has a total of six senatorships. Besides Penang chief PK Subbayah and Tapah division chief S Malasingham, the rest are all Selangor leaders.

Youth chief T Mohan refused to comment on the speculation.

“It is just a rumour. Why should I comment on that?” he told FMT. “Actually, the youth wing is now focused on the upcoming general election.”

He added that the youth wing is working closely with the party president to win back all the MIC seats. He said the youth wing has decided to ask the same number of seats as in the last election.

In the 12th general election, former president S Samy Vellu gave two parliament and three state seats to the youth wing.

Except for M Asojan who won the Gambir seat and R Vidyananthan who retained the Kahang state assembly seat, the rest were defeated.

Residents livid over second eviction notice

Despite instruction from the state government, the Petaling land office issued a second eviction notice to the residents in Kampung Muniandy.

PETALING JAYA: Eight buyers of the stalled Block E low cost flat project in PJS 1 received a second eviction notice from the Petaling land office on Wednesday.

The notices were sent despite assurance by the Petaling Jaya City Hall (MBPJ) that the buyers would not be evicted until the state government found suitable temporary housing for them in a nearby area.

The latest notice, signed by assistant district officer Abdul Shariz Izwan Abd Shukor, said that officers could come anytime to evict them as the deadline given in the first notice had expired.

On July 21, the land office issued the residents from the Kampung Muniandy squatter settlement eviction notices under Section 425 of the National Land Code.

It said that the residents were squatting on government land and were given 14 days to vacate the area. The deadline expired on Aug 4.

The residents highlighted the matter to the state government and MBPJ in a meeting on July 29.
Present at the meeting were Taman Medan state assemblyperson Haniza Talha, Petaling Jaya Selatan MP Hee Loy Sean and state exco Iskandar Abdul Samad’s's aide, Mahyuddin Ismail.

MBPJ then sent a letter to the land office on Aug 4 urging it not to evict the residents till temporary housing was provided.

‘Build our flats’
Block E buyers residents association committee chairman M Sugumaran said he was upset with the new developments as he thought the matter was resolved in August.

In his correspondence with MBPJ’s deputy director of development Zain Azly Abdul Rahman, Sugumaran was informed that Selangor Menteri Besar Khalid Ibrahim had instructed the land office not to vacate the residents.

Zain had said that he would arrange another meeting for the residents with Khalid to resolve the matter.
“We just want the problem to be solved. If the government plans to move them to the longhouses, at least repair the houses first as many are in bad condition,” said Sugumaran.

One resident, wheelchair-bound A Selvarajah, 47, said he was frustrated that the government was trying to evict him without building the low cost flat he purchased about eight years ago.

“We keep getting notices but no one offered us alternative housing,” said the father of eight who has lived in the squatter settlement for the past 10 years.

However, Selvarajah admitted that MBPJ did offer him a place to stay at the Lembah Subang low cost flat unit but he rejected it.

“I have eight children who study here. My wife works as a helper at a nearby kindergarten. Lembah Subang is too far and moving there will increase our living expenses,” he said.

Selvarajah added that he hoped the government would also provide an assurance letter that it would build his flat as promised in June.

Another resident, R Karupayee, 69, said she hoped the flat she purchased would be ready for her grandchildren, who are in their 20s.

“My husband died before seeing our new flat and I don’t need it for long as I am too old. I just hope my grandchildren get the flat,” she said.

What happened to the Indian Cultural Centre?

A consumer group wants previous and current Selangor state administrations to account for the hefty allocation set aside for the project.

KLANG: The Malaysian Consumer Advisory Association (MCAA) wants the previous administration and the current Selangor state government to account for a sizeable allocation that was set aside for the construction of an Indian Cultural Centre prior to the 12th general election.

Association president G Varatharajoo, who forwarded a Jan 20, 2008 news report on the matter to FMT, said the the BN state government had allocated a hefty sum for the Indian cultural centre to be built in Selangor.

According to the report, former menteri besar Dr Mohamad Khir Toyo acknowledged that the state had awarded funds for the centre and had commissioned several Indian-based NGOs, headed by MIC’s Kamala Ganapathy, a former state executive councillor, to come up with a blueprint for it.

The news article stated that the BN state government had also approved RM2 million for the betterment of Tamil vernacular schools in Selangor.

However, both these allocations have not been accounted for after BN was defeated in the 2008 general election.

“We want to know what happened to these allocations,” Varatharajoo told FMT.

“The Pakatan Rakyat government should follow up on the idea for an Indian cultural centre. It cannot sidelined the project simply because it was BN’s brainchild.”

Contacted later, Kamala claimed that the fund for the cultural centre is with the current state government.

“The project was delayed after we could not find suitable land to build the centre. And after BN lost in Selangor, the fund was transferred to Pakatan state government,” she said.

When asked about the RM2 million allocation for Tamil schools, Kamala claimed the money had already been disbursed to several schools although she could not recall how many schools had benefited from the allocation.

FMT could not reach Dr Xavier Jeyakumar, the current state executive council member in charge of Indian Affairs, for further clarification on both the issues.

ABU: ‘anything but Umno’ or ‘asal bukan Umno’

Since the house in Seremban is not registered in the AG’s name, this means the house does not belong to him and what Malaysia Today reported is therefore false. And this would also mean that the investigation is now complete and no further action needs to be taken against Gani Patail.
THE CORRIDORS OF POWER
Raja Petra Kamarudin

Pressure on MACC chief to clarify Ho Hup 'visit'
(Malaysiakini) - Malaysian Anti-Corruption Commission chief commissioner Abu Kassim Mohamed should issue a statement on the graft busting body's "visit" to Ho Hup's Bukit Jalial headquarters two days ago.
Social Care Foundation chairperson Robert Phang said the MACC's quiet role would help allay fears that it will not be intimidated when acting or investigating allegations of corruption of a person while acting without fear or favour.
"MACC's Abu Kassim should issue a statement with his pledge that the MACC would not be intimidated or influenced by any person stature and that action would be taken to investigate regardless that the subject or suspect may be a 'big fish' and not just some 'ikan bilis'.
"If only Dato Seri Abu Kassim would make that announcement, that would allay all public cynicism and skepticism. That would assure the public not to worry because MACC is vigilant and alert to allegations that are already circulating in the public domain," he said in a statement. 
Phang added that this is the only way that the MACC can regain the rakyat's trust and confidence.
It was reported yesterday that Ho Hup officials admitted the MACC had visited them on Wednesday, contrary to an earlier report which appeared in political blog Malaysia Today, terming it a raid.
The report also carried a denial from Ho Hup officials that documents were taken in the half-hour visit. Allegations in the public domain from Malaysia Today since last month had linked attorney-general Abdul Gani Patail with the construction giant.
This follows claims that Ho Hup had paid for the renovations of Gani's house in Seremban in return for a favour done to one of its former directors. Gani had vehemently denied owning any property there.
Leave of absence advice
Phang in the statement also said it would be commendable for the government and the MACC be transparent in this matter.
"It would be more commendable for all parties if the investigation can be transparent. Already talk is rife that the visit and seizure of Ho Hup's documents are to achieve some other ulterior objective namely to destroy evidence of any misconduct by the AG. That perception is unfortunate," he said.
Thus, one way in which Gani, the MACC and the government can show transparency in this mater is to ask Gani to go on leave of absence until the investigations are over, he added. "
"This would sweep away all the dust of suspicion that otherwise would linger on in this matter."
The social activist had resigned as MACC advisory board member when claims surfaced in blogs that he was involved in corrupt practices. To protect the anti-graft body's integrity, Phang quit the committee.
He was eventually cleared by the MACC of the allegations which had surfaced earlier this year.
"I ask AG Gani Patail to be selfless in this and do what I had done when an unfounded allegation was made against me earlier this year. Then, Gani Patail would earn my respect as a true patriot."
Phang also clarified his earlier statement titled 'AG Gani Patail: MACC must show independence and not impotence' which may have upset certain MACC quarters.
He said it was not to demean the MACC but to challenge, motivate, provoke and fire-up the anti-corruption entity and its officers so they would be vigilant in the fight to stem corruption.
"After all, I still regard myself as part of the MACC support group," he said.

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

That was what Malaysiakini reported. What was not reported, however, was that the MACC officers who raided Ho Hup’s office told the Ho Hup staff that Malaysia Today’s report about AG Gani Patail owning a house in Seremban is not true. According to the MACC, the house is not registered in Gani Patail’s name. So this means the house does not belong to him.
Since the house in Seremban is not registered in the AG’s name, this means the house does not belong to him and what Malaysia Today reported is therefore false. And this would also mean that the investigation is now complete and no further action needs to be taken against Gani Patail.
The fact that the MACC has already come to a conclusion means we can expect what the result is going to be. It is going to be No Further Action or NFA. And the AG is, again, going to get off scot free like the investigation on his pilgrimage to Mekah.
A few of Ho Hup’s staff have been summoned to the MACC office for their statement to be recorded. But since they have already been told that the allegation against the AG is a lie, they will have to make sure that their statement dovetails with the conclusion already made by the MACC. It would be foolish for them to make a statement opposite to this and contradictory to what the MACC told them -- that the allegation is not true.
In the meantime, to make sure that no one deviates from the story which the MACC has already decided is the ‘true story’, Dato TC Low is being made to face a criminal charge. Further to that, his sister, Low Lai Yong, is facing 11 charges for various technical offences under the Companies Act and Securities Commission Act. Each charge is subject to a bail of RM 1 million!
That should frighten everyone and which will ensure that everyone toes the line and says what the MACC wants them to say.
And, as a final nail in the coffin, the Social Care Foundation chairperson, Robert Phang, is also being investigated to determine whether he is working in concert with Malaysia Today. That, of course, is meant to frighten Robert Phang in the hope that he will back off or else suffer the allegation of being Raja Petra Kamarudin’s ‘team member’.
Now do you know why we need changes? Now do you know why we need to kick out Umno and Barisan Nasional come the next election?
Honestly, I do not know whether Pakatan Rakyat can be a better government. But for sure they can’t be worse that what we are seeing thus far.
We may need to forget about whether Pakatan Rakyat can be better than Umno or Barisan Nasional. We may need to just embark on ABU (anything but Umno or asal bukan Umno). That may be our only hope for change.

The haze and the malaise

Ethnic politics makes Malaysia’s transition to a contested democracy fraught and ugly

 SKYSCRAPERS and lampposts in Kuala Lumpur are still festooned with flags left over from independence day festivities at the end of August. 

Fittingly, this week they were shrouded in the annual “haze” of smog from forest fires on the Indonesian island of Sumatra. Malaysia’s politicians are not in the mood to celebrate nationhood and unity. Rather, with an election in the offing, everything is a chance for political point-scoring.

That includes independence itself. One huge banner in the centre of the capital shows the country’s six prime ministers since the British left in 1957, with the incumbent, Najib Razak, in the foreground, gazing into a visionary future. All six hailed from the United Malays National Organisation (UMNO), which has led the “Barisan Nasional” (BN) coalition government ever since 1957. Some opposition politicians now complain that the official narrative of Malaysia’s history ignores the role of non-UMNO freedom fighters. Since the most recent general election, in March 2008, the opposition has had a real chance of winning power. For the first time since independence in 1957, the BN lost its two-thirds majority in Parliament that allowed it to amend the constitution on its own. No longer a one-coalition state, the opposition argues, Malaysia has to rethink its own history.

The next election is not due until 2013. But, out of tradition and political calculation, Mr Najib is expected to call it earlier—and to win it. Some think it could come this year, after a generous government budget in October. A crowded calendar of regional summitry makes that awkward, and Mr Najib has other reasons for delay. Since he took over in 2009, he has launched a plethora of initiatives to improve Malaysians’ lives and a “Performance and Delivery Unit” to implement them. Results take time.

Three factors, however, argue for a hasty dash to the polls. The first is that Mr Najib, who took over UMNO and the prime ministership after the BN’s unprecedentedly poor showing in 2008, still had an approval rating of 59% in a recent survey. That is well below his initial popularity, however, and he will not want to mimic Britain’s Gordon Brown in delaying too long before seeking his own mandate. Second, economic storm clouds are gathering in the West. Malaysia’s economy is still growing at over 4% a year, but is vulnerable to a downturn in external demand.

Third, the opposition coalition is in some disarray. Its figurehead, Anwar Ibrahim, is on trial for sodomy, illegal in Malaysia, and many expect him to go back to jail soon, as he did (for the same alleged offence) in 1998. He is a divisive figure. But without him, there is no obvious opposition candidate for prime minister. The president of his party is his wife, and its most impressive politician is his 30-year-old daughter, Nurul Izzah. The other components of the coalition are the Democratic Action Party, which draws its support from the Chinese minority, and an Islamic party known as PAS, whose religious conservatism alienates many liberal Malays. So there is even talk of a revival of the prime ministerial ambitions of Razaleigh Hamzah, a veteran UMNO rebel, as an opposition rallying point.

The government helpfully provided another rallying point with its cack-handed crackdown on an NGO-led protest in Kuala Lumpur in July calling for electoral reform. Mr Najib has since agreed to a parliamentary committee to look into the demands, which are mostly unexceptionable: to clean up voters’ lists, allegedly swollen with “phantoms”; to extend the election-campaign period, at present just seven to nine days; to tighten up the postal-vote system; and so on. But he has not agreed to postpone an election until after the committee has ruled.

Whatever technical reforms are made before the next election, it will still be dominated by the original sin of ethnic discrimination set out in the country’s 1957 constitution. This was designed to allay the fears of the majority ethnic-Malay population of being marginalised by Chinese and Indian minorities, which now make up respectively 23% and 7% of the population of 28m. Perks, much extended after race riots in 1969 (still often referred to in Malaysia as if they happened yesterday), gave Malays privileged access to public-sector jobs, university places, stockmarket flotations and government contracts.

Both government and opposition talk of dismantling these privileges, which have contributed to corruption and large-scale emigration. Mr Najib has indeed started tinkering with Malay privileges, much to the outrage of the UMNO right and a vocal Malay-rights ginger group known as Perkasa. Ibrahim Ali, Perkasa’s front man, argues that, with the Malay vote split, the minorities have disproportionate electoral power, to which the mainstream parties pander.

Malay power

That is nonsense. As elections loom, it is the Malay voter whose opinion matters, and he is assumed to resent any effort to curtail his privileges. And that means that both coalitions have to resort to defending the indefensible: a system in which families that have lived in Malaysia for generations are told to tolerate discrimination on the basis of ethnicity, to bolster allegedly fragile racial harmony. Malays and minorities alike lament that the races are living increasingly separate lives—studying in different schools, eating different foods and going to different parties. The divide is further widened as more Malays, who, constitutionally, are all Muslims, become religiously conservative.

The Malaysian malaise stems from the congruence of two seemingly conflicting trends. One is the healthy development of pluralist competition in a system that had seemed stuck for ever in an UMNO-dominated quasi-democracy. The other is the sharpening of ethnic and religious dividing lines. It is alarming that, instead of seeing competitive politics as a way of bridging the ethnic divide, too many Malaysian politicians see the ethnic divide as a way of winning the political competition.

NRD shields itself, blames outdated database again

The National Registration Department admitted that failure to update its database has resulted in another case where an apparently non-citizen is listed as a voter.

According a NRD spokesperson Jainisah Mohd Noor, 27-year-old Pandan voter Yusnati Haris Lakmana, who is listed as a holder of a temporary identity card on the NRD website, is in fact a citizen.

"We ran a check and found that she was granted citizenship in 2008," said the officer.

She said that Yusnati is still listed as a green IC holder on the website because the publicly-accessible database is not updated.

"We are still waiting for an explanation on this from the IT department," Jainisah added when contacted earlier this week.

When contacted another officer from the Election Commission who refused to be named also laid the blame on the NRD's outdated database.

This was also the case for Mismah, who was listed as a permanent resident on the NRD website, but as a voter on the Election Commission website.

Mismah was initially listed as a red IC holder, which denotes the person as a "permanent resident" while a green IC means that he or she is a "temporary resident".

The NRD had within hours of Malaysiakini's checks changed her status to 'citizen', later clarifying that Mismah was a permanent resident for 29 years before being granted citizenship.

Green IC revived in 2008

The issuance of green ICs was terminated in January 2005, and revived by the Home Ministry in October, 2008.

In announcing it,then Home Minister Syed Hamid Albar said that green IC are issued to those born in Malaysia and have Malaysian birth certificates, but cannot verify their parents' background.

Bernama had then reported that the cards, valid for five years, were to be issued from December 2008 to June 2009 to solve the problem of undocumented residents.

The national news agency reported that the operation's main targets are ethnic Indian residents living in border towns, particularly in Kelantan, 30,000 of whom were estimated to be without documents.

An answer in Parliament to Lembah Pantai MP Nurul Izzah Anwar (left) in 2009 revealed that 8,616 green ICs had been issued to stateless persons as of Feb 25, 2009.

"30,056 holders of green ICs (issued prior to 2005) had yet to come to the NRD to renew the cards," current Home Minister Hishammuddin Hussein had said.

More 'Yusnatis' found?

Malaysiakini ran checks on both the Election Commission and NRD websites and found that Yusnati is a voter in the Chempaka state constituency and Pandan parliamentary constituency.

Yesterday, PAS revealed three more cases like Yusnati's, where green card holders were found on the electoral roll.

The three cases found on rolls for Terengganu and Selangor, he said, are among many more found by the party.

The Islamic party claims of the cases of irregularities were spotted after the objections period.

PAS that one of the address of an individual who is listed as a Serdang voter is non-existent and that no one in the residential area knew such a person.

‘Pak Lah’s sister-in-law arranged aircraft deal’

A leaked 2006 US cable noted that Abdullah Ahmad Badawi's sister-in-law was involved in the procurement of a US$400 million aircraft deal.

KUALA LUMPUR: A confidential US diplomatic cable from 2006 has claimed that then prime minister Abdullah Ahmad Badawi’s sister-in-law was allegedly involved in the procurement of a US$400 million aircraft deal.

According to the cable, Abdullah’s brother had also suggested that the deal was done in return for a commission, ostensibly for the sister-in-law.

The cable stated that Abdullah made the announcement for the purchase of the cargo aircraft from European makers Airbus after his trip to France.

“Prime Minister Abdullah’s sister-in-law arranged a US$400 million contract to purchase military cargo aircraft from Airbus.

“There had been no indication that the Malaysian military were in the market for a new cargo aircraft prior to this announcement,” said the cable. It did not name the sister-in-law.

The cable quoted a source who said he was informed by Abdullah’s brother that the aircraft was “done for political or other reasons, such as commission”.

This particular deal was pointed out by the US diplomats in their cable to highlight the weakenesses in the Malaysian procurement process.

They said that Malaysia’s procurement process, which plays a large role in the nation’s economy, fell short in three key areas: lack of transparency, outright corruption, and Bumiputera requirements and preferences.

’30% commission’

The cable, sent from the US embassy here to the State Department in Washington, outlined corruption as a significant problem, particularly for larger contracts, and gave examples of the alleged involvement of the then prime minister, his deputy and the ruling party Umno.

In citing another example, the cable said that the sellers – local politicians, agents, civil servants and military personnel – all received a 30% commission from the procurement of T91 Polish tanks and SU-30 Russian aircraft.

The US diplomats also said that their source – an executive at a US aerospace firm – was allegedly approached by someone purporting to work for (the then) Deputy Prime Minister and Defence Minister Najib (Tun Razak) about a deal, suggesting, “you will get a part of it”. The source declined this offer, added the cable.

Other sources had also similarly informed the US diplomats of corruption in the Malaysian procurement process.

The cable stated that political parties, including the ruling Umno, relied on money politics for much of their operating funds.

“Projects or tenders often are awarded as political patronage, with a cut of the funds circulating back to the party through different channels,” stated that cable dated June 6, 2006.
The confidential cable was leaked by whistleblower site WikiLeaks to the Malaysia Today blog run by Raja Petra Kamarudin who posted it today.

Removing protectionist policies

The US cable said that American firms operating in Malaysia had complained that the implementation of the Malaysian procurement rules lacked transparency, and that they found the Bumiputera-favouring policies to be restrictive, if not prohibitive.

“Phasing out Bumiputera preferences may not be feasible, but even achieving transparent, rules- based procurement would make a big difference to US firms,” the cable said, stating that the right forum to raise the issue would be at the ongoing Free Trade Agreement (FTA) talks between the US and Malaysia.

However, the US diplomats conceded that it would be difficult to negotiate the removal or the loosening of the Bumiputera policy

“The Malaysian government’s high sensitivity concerning government procurement is suggested by the repeated efforts of its officials to try to remove this subject from the FTA agenda, despite clear statements from US officials that it must be on the table.

“The Bumiputera preferences will be the most difficult element of these negotiations. Eliminating them, even with a phased-out period, would be an unrealistic objective,” added the cable.

It suggested that a more feasible approach would be to seek a “de minimis” level below which Bumiputera preferences would be allowed to remain, but above which contracts would be open to international competition.

“Even this may be more than the Malaysian government could concede, but merely instilling discipline, transparency and responsiveness in the current system would make a big difference to US firms,” noted the US cable.

The US-Malaysia FTA talks – which started in 2006 – have been held back since July 2008 following the Malaysian government’s reluctance to do away with some of the protectionist policies.

However, in October 2010, the US entered into a regional negotiation with Malaysia and seven other Asia-Pacific nations to achieve a regional trade agreement known as the Trans-Pacific Partnership (TPP) Agreement.

Kempen ‘Bersihkan Najib’ dalam Umno?

"Benda ni agak dah lama saya tahu, lebih kurang tiga bulan lepas bila seorang pemimpin peringkat negeri memaklumkan kepada saya," kata seorang pemimpin Umno Selangor.

PETALING JAYA: Satu gerakan tersusun yang dinamakan ‘Bersihkan Najib’ di dalam Umno untuk menolak Presiden Umno yang juga Perdana Menteri, Datuk Seri Najib Tun Razak dikatakan mula dijalankan oleh pihak tertentu di dalam parti itu.

Selain serangan terus terhadap Najib sendiri, gerakan tersebut juga dikatakan banyak menumpukan serangan ke atas isterinya, Datin Seri Rosmah Mansor bagi melemahkan kredibiliti Najib sebagai pemimpin nombor satu negara itu.

Demikian menurut sebuah blog pro Umno terkenal, www.umno-reform2.com yang dikendalikan oleh Anuar Mohd Nor yang juga merupakan Ketua Eksekutif Institut Kajian Asas Kemasyarakatan.

“Paling ketara usaha ini menjalankan serangan ke atas Rosmah untuk memperkecil kredibiliti Najib dan mendesak beliau supaya berundur,” menurut petikan entri dari blog terbabit.

Penulis blog terbabit juga percaya pihak-pihak di dalam Umno akan membuat penafian sekaligus menyatakan ikrar taat setia terhadap presiden Umno itu.

“Setakat ini realiti program untuk menjatuhkan dan mendesak Najib untuk melepaskan jawatan adalah benar dan wujud walaupun mungkin penafian akan timbul tetapi Najib harus tahu realiti yang ada ini,” tulis beliau lagi.

Bagaimanapun, beliau yang mendakwa mengetahui beberapa nama terlibat dengan gerakan ini masih belum mahu mendedahkan pihak -pihak yang memainkan peranan menjalankan agenda ‘Bersihkan Najib’ dari Umno ini.

“Suara yang menamakan mereka yang terbabit sudah ada sungguhpun www.umno-reform2.com belum berhajat untuk memaklumkannya,” tambah beliau lagi.

Sementara itu, dalam perkembangan berkaitan seorang pemimpin Umno di peringkat bahagian dari negeri Selangor turut percaya kewujudan gerakan ‘Bersihkan Najib’ tersebut.

Beliau yang enggan mendedahkan identitinya itu mendakwa, gerakan untuk menjatuhkan Najib itu diketahuinya apabila diberitahu oleh seorang pemimpin peringkat negeri kira-kira tiga bulan lalu.

“Benda ni agak dah lama saya tahu, lebih kurang tiga bulan lepas bila seorang pemimpin peringkat negeri memaklumkan kepada saya,” ujar beliau ketika ditemui di sini.

Najib gagal kawal tindak-tanduk isteri?

Menurutnya antara sebab utama berlakunya penolakan kepimpinan Najib dari dalam Umno sendiri berpunca daripada Najib yang dikatakan gagal mengawal tindak-tanduk isterinya.

“Najib bukan sahaja nampak lemah dalam beberapa aspek kepimpinannya, imejnya, tapi lebih teruk lagi tindak-tanduk isterinya semakin memberatkan agenda Umno dan Barisan Nasional untuk meraih keputusan yang baik dalam pilihan raya akan datang.

“Walaupun Najib dan pemimpin Umno yang lain memang berusaha memberikan persepsi positif di mata rakyat terhadap penglibatan Rosmah dalam urusan kerajaan, orang ramai tetap menganggap sebaliknya.

“Dalam isu isteri PM ini, apa yang dilihat oleh ahli-ahli Umno khususnya golongan akar umbi tidak menunjukan apa yang dikatakan oleh Najib mahupun pemimpin-pemimpin Umno sendiri.

“Lebih menghairankan, saya dan kebanyakan rakan-rakan lain dalam Umno percaya Najib sendiri sedar kesan negatif dari tindak-tanduk isterinya itu, tetapi malangnya Najib seolah-olah tidak dapat berbuat apa-apa tentangnya,” ujarnya.

'Five detained' over Delhi blast claim

Authorities are investigating a claim of responsibility allegedly made by the armed group, Harkat-ul-Jihad Islami [AFP]
 
Five people, including the owner of an internet cafe, have been detained for questioning over an email allegedly claiming responsibility for Wednesday's deadly blast in New Delhi that left 12 dead, police say.

Senior police officials told the Reuters news agency on Thursday that they had detained the owner of an internet cafe in the Kishtwar region of Indian-administered Kashmir from where they suspect the email was sent on Wednesday.

The blast inquiry was quickly turned over to the National Investigation Agency [NIA], established after the Mumbai attack of 2008 to investigate and prevent terror attacks.

Police were scouring the city for possible suspects, searching hotels, bus stands, railway stations and the airport, UK Bansal, a senior security official, said.

All roads out of the city were under surveillance as well, he said.

Of the dozens injured in the blast, 19 still remain in intensive care unit. An official said on Thursday the government would do all it can to provide medical assistance.

Sketches released

Late on Wednesday, police also released two sketches they said were based on descriptions given by witnesses who claimed they had seen someone with a briefcase waiting in line outside the building.
Authorities are investigating the claim of responsibility allegedly made by the armed group Harkat-ul-Jihad Islami [HUJI], an al-Qaeda-linked with bases in Pakistan and Bangladesh.

It has claimed responsibility for attacks in India in the past. "That mail has to be looked at very seriously because HUJI is a very prominent terrorist group among whose targets India is one," SC Sinha, the NIA chief, said. In an email to the NIA, the group called on India to repeal the death sentence of a man convicted in connection with an attack on the Indian parliament in 2001 who was awaiting execution by hanging. "We are determined to track down the perpetrators of this horrific crime and bring them to justice,'' P Chidambaram, India's interior minister, told parliament on Wednesday. PM's admission Manmohan Singh, the Indian prime minister, conceded that there were "weaknesses in our security system and terrorists are taking advantage of them". "We will never succumb to the pressure of terrorism," he said. "This is a long war in which all political parties, all the the people of India, have to stand united so that this scourge of terrorism is crushed." Delhi police have released a photofit of two suspects linked to Wednesday's deadly blast in the city [EPA] However, Arun Jaitley, an opposition politician, asked in parliament: "Have we become so vulnerable that terrorist groups can almost strike at will?" The attack was carried out even though Delhi had been on high alert because parliament was in session. The blast erupted near a large crowd of people waiting in line to reach a reception counter where passes are made for entry to the court building, RK Singh, India's home secretary, said. The blast will renew concern about the authorities' ability to prevent attacks, particularly in sensitive, high-risk areas. "This is a glaring example of the shortage of intelligence, both human and technical," Ajai Sahni, executive director at the Institute for Conflict Management in New Delhi, said. In May, a low-intensity blast outside the same Delhi court triggered panic but injured no one. The explosion on Wednesday was outside the busiest gate of the building. It was the first major attack in India since a string of bombs exploded in three busy Mumbai neighbourhoods on July 13, killing 24 people.

Source: Al Jazeera and agencies

UK court allows review of Btg Kali massacre

After six decades, family members of victims may see closure and some sense of justice.

KUALA LUMPUR: Family members of 24 unarmed Malaysian Chinese workers allegedly shot dead by British troops in a massacre more than six decades ago won a significant court battle in Britain that would give hope the massacre would be formally investigated, their lawyers said on Thursday.

The British High Court ruled on Aug 31 in favour of the family members for a review to a decision by the British government refusing to investigate the massacre, where the unarmed rubber plantation workers in Batang Kali were killed after being accused as terrorists trying to escape during the Malayan Emergency.

The court granted the judicial review as it deemed the case “raises arguable issues of importance”, reports China’s news agency Xinhua.

The lawyers said a full hearing would begin in spring 2012. It will examine whether the British Secretaries of State for Defence and the Foreign and Commonwealth Office acted lawfully when they refused to hold a public inquiry into both the killings and their coverup, and to make any form of reparation to the victims’ families.

“After decades of seeking redress for the Batang Kali massacre victims we can now, finally, see the light of justice at the end of the tunnel,” lawyer representing the victim’s family, Quek Ngee Meng, said.

“We do not expect the British government to reverse its stance, but it should immediately and unconditionally release all documents relating to the massacre and the aborted attempt to investigate in the past so the court that hears this case, and the public, have a complete picture,” he told reporters at a press conference attended by six surviving kin of the victims, lawmakers and dozens of activists and representatives of ethnic Chinese groups.

The 24 ethnic Chinese were shot dead by British Scots Guards in 1948, when the then Malaya was under British colonial rule.

They were accused of being sympathisers of the communists and said to be trying to escape during the Malayan Emergency — a guerilla war fought between the Commonwealth armed forces and the Malayan communist group.

The victims’ lawyers said the British government refused to correct the records even as evidence suggested all 24 victims were innocent.

After numerous appeals to both the British and the Malaysian governments for a probe into the massacre were turned down, citing lack of evidence, family members of the victims took the case to the British court.

“For the first time after six decades, I feel a sense of closure,” said Loh Ah Choy, whose uncle was killed before his eyes when he was nine.

“He was my only uncle and he deserves justice,” the 70-year-old told Xinhua.
- Bernama

A history lesson in the year 3000

Nevertheless, since Malaysia no longer exists and is now a small province of a bigger country called Indonesia, the Indonesian Government has classified Mat Indera as a national hero who was unjustly executed by the evil British Colonial Government for opposing Colonialism, in particular the British who illegally occupied North Borneo and gave the two states of Sabah and Sarawak to Malaysia instead of giving them back to Indonesia like they should have and as argued by Indonesia’s Father of Independence, President Sukarno.

NO HOLDS BARRED
Raja Petra Kamarudin


Once upon a time, 1,000 years ago, in a country that used to be called Malaysia but no longer exists and is now a province of a bigger country called Indonesia, there raged a hot debate.

Malaysia, 1,000 years ago, was suffering from a serious problem of an influx of immigrants from its neighbouring countries that threatened to swamp the local population. If they allowed this indiscriminate and uncontrolled immigration policy to go on, the local population would soon be outnumbered and the foreign population, which was being given citizenship and was being issued with identity cards so that they could vote in the elections, would soon enough take over the country.

The British Colonial Government, 100 years before that, had already realised the dangers of an indiscriminate and uncontrolled immigration policy and the migration of foreign workers that started in 1850 was ended in 1920. A hundred years later, the independent Government of Malaysia re-launched the immigration policy that the British had earlier ended.

Nevertheless, the hot debate that was raging throughout the country was not about this in spite of the fact that the East Malaysian state of Sabah was already showing signs of a serious social problem of an increase in crime, drug addiction, homeless children, prostitution and whatnot because of this indiscriminate and uncontrolled immigration policy where the foreign population was given citizenship and issued with identity cards to enable them to vote in the elections.

But this was not what the hot debate was all about.

Once upon a time, 1,000 years ago, in a country that used to be called Malaysia but no longer exists and is now a province of a bigger country called Indonesia, there raged a hot debate.

Malaysia, 1,000 years ago, was suffering from a serious problem of corruption and abuse of the power and the country was being run into the ground, which would in no time at all reduce the country to the status of a failed state.

Those who fought against corruption and abuse of power were arrested and jailed while those who propagated corruption and abuse of power were revered and appointed as leaders of the country.

Those who threatened the establishment were murdered and all these murders went unsolved and the deaths were classified as ‘sudden death’ or death due to the stopping of breathing.

The country’s resources were being plundered by all and sundry who walked in the corridors of power and these people were not shunned or treated as the pariahs of society but instead were honoured with titles such as Yang Berhormat, Yang Berbahagia, Datuk, Tan Sri, Tun, etc., and who would carry these titles in their names: for example, ‘Yang Mulia Tun Tan Sri Datuk Seri Datuk Raja Petra al Haj Bin Raja Kamarudin al Haj Almarhum’, which for short would be ‘Pete’.

But this was not what the hot debate was all about.

Once upon a time, 1,000 years ago, in a country that used to be called Malaysia but no longer exists and is now a province of a bigger country called Indonesia, there raged a hot debate.

Malaysia, 1,000 years ago, was suffering from a serious problem of racism and of religion being used for political purposes. It came to a stage where Nazi Germany of WWII or England of the time of Henry VIII began to look tame by comparison and the official religion of that country, Islam, started to appear like a joke when Muslims did and said things allegedly in the name of Islam that gave an impression that these people were utterly brainless.

The racism and ridiculous deeds and statements in the name of religion frightened and disgusted many Malaysians and those with a good education and strong finances left the country to seek citizenship in other countries that were not so silly.

Malaysia eventually suffered from this brain drain and capital flight and every Malaysian with brains and/or money who left the country was replaced with foreigners who had no education and/or no money and this further sapped the resources of the country until it soon got reduced to a country with a population that had very little education and almost no money.

But this was not what the hot debate was all about.

The hot debate that tore the country into two was about a man named Mat Indera who died in 1950 and the two sides that debated this person who had died more than 60 years before that argued about whether he was a Communist or Islamist, whether he was a traitor or patriot, whether he was a terrorist or freedom fighter, whether he fought against the government or fought to free the country, whether he was a bad man or a good man.

And while the hot debate about a man whom 99% of Malaysians had never heard of before that, did not know about till then, and did not care about anyway, the country was brought to a standstill.

No one bothered any longer about the future of the country and where the country was heading for and where it would be 60 years hence. They only cared about what happened 60 years before that and about a man who had died 60 years earlier and who was of no significance to the future of the country anyway.

That was what the hot debate was all about and which tore the country into two. And because of that the country once known as Malaysia no longer exists and is now a small province of a country called Indonesia when all Malaysians with brains and money left the country and the immigrants with no education and no money were given citizenship and after some time outnumbered the local population and voted in favour of that country being given back to its true owners, Indonesia, like what the Japanese proposed back in WWII when they kicked out the British and took over the administration of that country.

Nevertheless, since Malaysia no longer exists and is now a small province of a bigger country called Indonesia, the Indonesian Government has classified Mat Indera as a national hero who was unjustly executed by the evil British Colonial Government for opposing Colonialism, in particular the British who illegally occupied North Borneo and gave the two states of Sabah and Sarawak to Malaysia instead of giving them back to Indonesia like they should have and as argued by Indonesia’s Father of Independence, President Sukarno.

Pertemuan Najib-hakim dibimbangi pengaruhi kes Anwar

(Oleh: Nabihah Hamid)

KUALA LUMPUR: Pertemuan antara Perdana Menteri, Datuk Seri Najib Razak dengan para hakim hari ini, dibimbangi sebagai satu percubaan untuk mempengaruhi kes perbicaraan Datuk Seri Anwar Ibrahim.

Ketua Angkatan Muda KEADILAN (AMK), Shamsul Iskandar Mohd Akin mengulas pertemuan tersebut yang dikatakan untuk memberi taklimat bagaimana dana kerajaan persekutuan diguna untuk menambahbaik sistem penyampaian mahkamah.

“Dari segi prinsip ketelusan undang-undang, ia dilihat satu perkara yang bercanggah dengan pemisahan dalam sistem pentadbiran negara (Eksekutif dan kehakiman).

“Ia memeranjatkan apabila ketua hakim negara telah melanggar kepada prinsip asas itu. Sangat meragukan apabila seorang hakim dilihat membuat kunjungan hormat dalam keadaan PM bakal menjadi saksi dalam kes Fitnah terhadap Anwar yang sedang berjalan,” kata Shamsul.

Shamsul berkata, jika perkara itu berterusan, integriti badan kehakiman akan menjadi semakin teruk dan parah.

“Saya juga menganggap ini merupakan satu indikasi bahawa Najib mungkin akan diselamatkan oleh hakim agar tidak perlu menghadiri sebagai saksi sepertimana yang dilakukan oleh bekas PM Tun Mahathir di mana alasan yang diberikan tidak relevan.

“Apa relevan tindakan hakim berjumpa dengan Najib,” ujarnya yang juga Pengerusi Majlis Pimpinan KEADILAN Melaka.

Ketua Hakim Negara yang bakal bersara, Tun Zaki Azmi hari ini dilapor berkata, pertemuan tersebut bukan perkara baru kerana ia pernah diadakan sebanyak dua kali dengan Tun Dr Mahathir Mohamad ketika  menjadi perdana menteri.

Sejumlah 130 hakim Mahkamah Tinggi, Mahkamah Rayuan dan Mahkamah Persekutuan menghadiri pertemuan dengan perdana menteri di Istana Kehakiman- yang dulunya dikenali sebagai Istana Keadilan- pada petang ini.

Tun Azmi juga menyatakan pelantikan hakim dan pesuruhjaya kehakiman ke mahkamah lebih tinggi pada masa ini lebih telus kerana ia dilakukan menerusi undi sulit. Sebelum pelantikan dibuat melalui JAC, kata Zaki, beban pelantikan hakim adalah pada pihak eksekutif dan ketua hakim.

Short URL: http://www.keadilandaily.com/?p=19926

Najib Announces Three Programmes To Achieve Six Strategic Reform Initiatives

KUALA LUMPUR, Sept 8 (Bernama) -- Prime Minister Datuk Seri Najib Tun Razak today announced three new programmes to achieve the six Strategic Reform Initiatives (SRI) in respect of human resource development which was announced in June.

He said that to achieve the aspiration, MSC Malaysia's MyProCert programme would be launched this month to raise the skills of Malaysians towards international certification standards.

"Trained and certified Malaysians within this programme will be part of the critical supply for talent sourcing and development for industry players and potential foreign investors," he said at the Economic Transformation Programme (ETP) update, here Thursday.

Najib said the second programme was the establishment of the National Talent Enhancement Programme (NTEP), an initiative within the electrical and electronics (E&E) National Key Economic Areas (NKEA).

The NTEP is open to engineering graduates with one or two years of working experience and those who wish to upskill/re-skill to enter into the electrical and electronics and green technology sectors.

It is a 12-month trainee programme to help develop industry-relevant skills via partnership with E&E companies.

Najib said five agencies and companies would spearhead the initiative namely Akademi Teknologi Hijau Sdn Bhd, the East Coast Economic Region Development Council (ECERDC), the Iskandar Regional Development Authority (IRDA), Northern Corridor Implementation Authority (NCIA) and the Selangor Human Resources Development Centre (SHRDC).

Meanwhile, TERAS or High Performing Small and Medium Enterprises (SMEs) which was launched by Unit Peneraju Agenda Bumiputera (TERAJU) to increase Bumiputera SMEs, has identified 1,100 Bumiputera SMEs and 1,000 small/micro companies as a starting point.

Najib said the programme was intended to develop the next generation of world class Bumiputera entrepreneurs across all 12 NKEAs and aimed to increase the participation of Bumiputera SMEs in the economy by enabling SMEs to scale up, accelerate their growth and compete in the open market without heavy reliance on government contracts.

"I am pleased to say that the participation has been encouraging so far and I urge more Bumiputera companies to come forward and participate in this programme which will be beneficial to all of you as entrepreneurs and to the country as a whole," he said.

The SRIs are the second critical component of the ETP in addition to the 12 National Key Economic Areas in a bid to boost the nation's global competitiveness.

The other SRIs are the Government's Role in Business, Human Capital Development, Public Service Delivery, International Standards & Liberalisation and Narrowing Disparities.