Malaysia Day Message by Dato' Sri Mohd Najib bin Tun Haji Abdul Razak, Prime Minister of Malaysia

This post is reproduced from here.

Bismillahirahmanirrahim

Assalamualaikum Warahmatullahi Wabarakatuh, Good Evening and Happy Malaysia Day.

Ladies and gentlemen, beloved citizens of Malaysia.

1.    Alhamdulillah with the Grace of Allah, we are able to celebrate the 48th anniversary of the formation of Malaysia as citizens of an independent, sovereign, democratic, peaceful and harmonious nation.

2.    The tale of Malaysia’s journey is indeed colourful. From its beginning as a low income agricultural nation at the time of its formation, today, as a result of systematic planning and sound implementation, we have successfully emerged as a moderately high income modern industrial nation. Moving on, although the success attained is monumental and very significant, it is not a reason for us to cease our effort, be comfortable, what more do nothing.

3.    What should be done for the sake of our survival and to enhance as well as ensure the well being of the rakyat in this very competitive world now, is, to continuously double our efforts to improve our competitiveness as a nation through the utilisation of creativity, innovation and by striving for the creation of new wealth based on self entrepreneurship. All these objectives would not be achieved without the existence of national unity, peace, stability and harmony.

Ladies and gentlemen, beloved citizens of Malaysia.

4.    Looking at the pages of history, when our nation achieved independence 54 years ago until  Malaysia was formed six years later, with the inclusion of Sabah and Sarawak, many then, whether foreign observers, or local inhabitants doubted and even questioned, a new nation with its States separated by the South China Sea, then threatened by communist insurgency, with its population living below the poverty level, exacerbated by the diversity factor in terms of demography which was extraordinarily complex, would this nation be able to remain strong as a  nation state as well as succeed?

5.    It is a fact, viewing Malaysia’s achievement up to now, from the first crawl to subsequent stumbles, the road to success had been full of challenges. Combing the annals of history, it is indeed miraculous that soon after independence, that fact, and with it the additional burden of the acceptance of the system and philosophy of administration of the country based on Parliamentary Democracy, Constitutional Monarchy and Federalism, was accepted by us even before maturity of the aculturisation process.

6.    Clearly, before independence, the people of the thirteen states which united to form Malaysia neither had the opportunity to elect a government into power nor determine the type of its administration. These people merely existed as people in protected states or colonized land who were accorded limited political privilege according to the discretion of the ruler in power. Surely, this was not real political right derived from nationality in an independent and sovereign country.

7.    Factually, before independence, the first political election which was held where the people were given the opportunity, albeit a limited one, to elect their representatives was at the election of several Municipal Councils in 1952 and subsequently the election of part of the Members of the Federal Legislative Council in 1955. In reality, only after independence were the citizens given the full right and responsibility to elect all the Members of the House of Representatives and the State Legislative Assemblies, consequently full discretion to determine the party or the coalition party which would form the government.

Ladies and gentlemen, beloved citizens of Malaysia,

8.    Without doubt, we should be thankful because from time to time, whatever obstacles that had come our way, whether internal or external in their source, which threatened democracy and individual freedom be it communist insurgency, confrontation against the formation of Malaysia, race riots, economic downturn, religious extremism, and racial chauvinism, Alhamdulillah, each and every obstacle had been dealt with and faced within the framework of prudent action, democratically based on the principle of constitutional supremacy and the rule of law.

9.    It should be remembered that, during that period not once did it cross the government’s mind  to change the existing Parliamentary Democracy and Constitutional Monarchy system to an anti-democracy system, however great the challenge faced. As recorded in our nation’s history, as a result of the 13 May tragedy, Seri Paduka Baginda Yang DiPertuan Agong on the advice of the then Prime Minister had proclaimed emergency pursuant to the provision of Article 150 of the Federal Constitution.

10.      One of the consequences of the 1969 proclamation of emergency was the suspension of ongoing elections in Sabah and Sarawak. What happened thereafter  was that elections to the House of Representatives were only held twenty months later and the Parliamentary Democracy system was restored after peace and stability prevailed.

11.      Even though that was the case, the late Tun Abdul Razak as Deputy Prime Minister then cum Minister of Defence who was entrusted to lead the Majlis Gerakan Negara or MAGERAN, with absolute executive and legislative powers, never desired to retain those powers longer than was necessary.

12.      It is evidently clear, the late Tun and his colleagues then more than realized that the extraordinary unfettered powers in their hands must never be made the norm in their use for the sake of this beloved nation. On the other hand, they understood that such absolute power was a trust to contain and control tragedy and instability which occurred.

Ladies and gentlemen, beloved citizens of Malaysia,

13.      Rightly, as a nation which practises parliamentary democracy, the power to determine the political party which will form the government whether at the Federal or at the state level rests absolutely in the hands of the rakyat. After more than five decades of independence and almost five decades after the formation of Malaysia, we find that, the experience, maturity and wisdom of the people of this country in electing the government to determine the future direction which they desire cannot be denied by anybody.

14.      In fact, I often opine that long gone is the era in which the government knows everything and claims monopoly over wisdom. The revolution in the field of information technology, progress in communication and the sophistication in transportation have opened up competition and extensive and dynamic comparison in the ideas market.

15.       In this contemporary time, the standards as well as peoples’ access to all levels of education have become more extensive . In addition, the  sound economic growth, reduction in poverty rate and social engineering initiative have succeeded in enhancing the standard of living and creating a big middle class. In recent times, the priority in terms of the wants and needs of the Malaysian citizens has undergone a big change compared to four or five decades ago.

16.      Going further, administering a country formed from the moment of independence out of the wishes of the people, the current government will continue to be commited to upholding the system of Parliamentary Democracy, Constitutional Monarchy, the rule of law,  the philosophy of federalism and the check and balance principle between the three branches of government.

Ladies and gentlemen, beloved citizens of Malaysia,

17.      As many of you know, except for the proclamation of emergency of 1964 as a consequence of the confrontation which was impliedly revoked, all the proclamations of emergency subsist till today. Thus, realising that the reality in Malaysia has changed, feeling the pulse, agitation and aspiration of the rakyat who clamour for a more open and dynamic democracy, where, the opinions, ideas and concerns of the masses are given due attention, so as to be at par with other democratic systems in the world which are underscored by the universal principle from the people, by the people and for the people,  the government now under Clause (3) of Article 150 will table a motion before both Houses of Parliament to have the three Proclamations of Emergency annulled. In my opinion the time has come for the people of  Malaysia to advance to the future with the next paradigm based on new hope and not be bound by the nolstagic constraints of past history.

Ladies and gentlemen, beloved citizens of Malaysia,

18.      In designing a civilised nation  to face extraordinary situations threatening the security of the nation and the well being of the people, unavoidably, the situation demands for special measures which sometimes are outside the democratic norms. An example is preventive detention. Indeed the astuteness in countering violence requires us to prevent the action before innocent lives and property are lost, or injury results. This is a global truth.

19.      From the Islamic law perspective, it is stipulated clearly in the  Maqasid Syariah which has as its objectives five main matters that is; firstly: religion, secondly: life, thirdly: the mind, fourthly: progeny and dignity and fifthly: property. In fact the principle of Usul Fiqah deals in a substantial way with the need to prevent a wrongdoing from occurring. Another principle stipulates that the decision of the ruler is a trust which must be implemented for the people being governed for their general benefit.

20.      This is not something strange, unusual or alien. It has been proven that developed democratic countries such as the United States of America and the United Kingdom had also enacted special legislative framework to deal with terrorist threats post the 11 September tragedy. 

21.      The fact is that, the balance as well as equilibrium between national security and individual freedom  must prevail in a modern democracy. It is the duty and responsibility of a government which has as its highest objective the welfare and well being of the people to find this right balance.

22.      For example, the right to free speech guaranteed under the Federal Constitution does not in any way mean that any body is free to  defame and stoke hatred. Another simple example is this, the government is also responsible to prevent a false cry about a bomb in a stadium full of people. This is because such uncontrolled freedom will only create panic which may lead to injury and loss of lives. 

Ladies and gentlemen, beloved citizens of Malaysia,

23.      Pursuant to that, as I have promised in my maiden speech after first assuming the post of Prime Minister on 3 April 2009, that the Internal Security Act 1960 ( ISA) would be reviewed comprehensively, it is now my pleasure to announce on this historic night, that the Internal Security Act 1960 ( ISA) will be repealed entirely. To prevent subversive action, organised violence and criminal acts in order to preserve public order and security, legislation will be enacted under the umbrella of Article 149 of the Federal Constitution. In essence, the legislation will have the aim of maintaining peace, well being, tranquility and order in the lives of the people and the country.

24.      Over and above everything else, the Government will always ensure that   the fundamental rights of those involved are preserved. Any law enacted will take into account  rights and fundamental liberties based on the Federal Constitution. The new law will provide for a substantially reduced period of detention by the police compared to what we have now and any further detention may only be made with the order of the court except the law in relation to violence which is still under the power of the Minister. In general, the power to further detain will be transferred from the executive to the judiciary.

25.      In addition to repealing the Internal Security Act 1960, the Government will also repeal the Banishment Act 1959 as well as review several laws to ensure that these laws fit the present needs. In relation to that, we will not hesitate to amend or repeal laws which are no longer relevant.

26.      This comprehensive review will involve the Restricted Residence Act 1933 and the Printing Presses and Publications Act 1984 where the yearly renewal principle will be abolished and in lieu thereof a licence will be issued until revoked. The Government will also review section 27 of the Police Act 1967, taking into consideration Article 10 of the Federal Constitution regarding freedom of assembly and so as to be in line with international norms on the same matter.  

Ladies and gentlemen, beloved citizens of Malaysia,

27.      As a nation, Malaysia and all of her people now stand at a crossroads. The decisions we make today will determine the fate and shape Malaysia as it will be in the future, the homeland that we will pass on to our children and future generations. The question is, are we capable of surpassing and challenging the common suspicion that Malaysians with their diverse backgrounds, varying socioeconomic statuses and political understandings which are typical of human nature, can arrive at a consensus to not bow or surrender to the trappings of hate and distrust which would certainly drag us down into a valley of disgrace. Instead, let us all brave a future filled with hope and nobility together.

28.      Be confident that it is a strength and not a weakness for us to place our trust in the Malaysian people’s intelligence to make decisions that will shape the path of their own future. If we perceive it as a mistake, then what is the use of us planning our national development so meticulously since Independence, what is the use of us spending large sums of the nation’s treasury every year to provide quality educational access to all, freeing them from the clutches of poverty, and building world class physical infrastructure and information communication technology?

29.      It is absolutely clear that the steps I just announced are none other than early initiatives of an organised and graceful political transformation. It stands as a crucial and much needed complement to the initiatives of economic transformation and public presentation which the government has outlined and implemented for over two years in the effort to pioneer a a modern and progressive nation.

30.      It is neither too early nor too late, but this is the most suitable and precise time for such major estimations to be made and implemented. Though some parties opine that this is too risky, we will proceed with it for the sake of survival, as it has been fifty years since our nation achieved independence, and and nearly five decades since Malaysia was formed. Thus, we stand at the threshold of a vehicle that speeds towards its destination as a fully developed nation.

31.In closing, I wish to emphasise that free of any suspicion and doubt, the Malaysia that we all dream of and are in the process of creating is a Malaysia that practices a functional and inclusive democracy where public peace and prosperity is preserved in accordance with the supremacy of the Constitution, rule of law and respect for basic human rights and individual rights.

For the sake of Malaysia, have faith and place our trust in God.

Wabillahitaufik Walhidayah Wassalamualaikum Warahmatullahi Wabarakatuh. Thank you.

Please click here to view the Malay version of the speech.

Crystal-ball gazing: ‘ISA’ finally repealed in 2025

Half a dozen years ago, to mark Singapore’s 40th Independence Day in 2005, a Singapore website  invited me to write an imaginary news-report about Malaysia exactly 20 years into the future, more precisely 9 August 2025.
 
In keeping with the spirit of freedom and liberation, I chose the topic of the ISA and allowed my mind to wander and wonder what it would be like when the announcement finally came that this obnoxious law would be repealed. I imagined euphoric scenes of joyous celebration across the nation.

Back in 2005, the opposition parties were hardly united and I figured any repeal would only happen in 2025. But four years later, in 2009, 50000 people marched through the streets of KL under the banner of the Abolish ISA Movement (GMI), demanding an end to this much-reviled law. Yesterday, with a general election looming, Najib of all people pre-empted my 2025 forecast by announcing the ISA would be repealed.

But there are, of course, two provisos to his announcement. We don’t know when the statute will actually be repealed in Parliament. And we can bet that we have not seen the last of preventive detention or detention without trial laws. No wonder, unlike the jubilant scenes described in my article below, the public reaction to Najib’s announcement has been flat. Kamunting is still open for business; no ISA or EO detainees have been released. And Aung San Suu Kyi has not sent any congratulatory message following the PM’s announcement. Instead, the PSM 30 are facing trial on 10-14 October and the ISA will probably be “rebranded” and reincarnated into two new laws for anti-terrorism and “public order”.

(Who defines “terrorism” and “public order”, anyway)? Najib is smart but ordinary people have wisened up and they can see right through his “reform” package. An aunt of mine, not ordinarily interested in politics, remarked, “Ai-yah, you believe him ah? All this just for elections-lah.”

So, if we are talking about preventive detention laws, my 2025 prediction may still be valid! After all, no one is celebrating just yet – and rightly so. We can’t celebrate until the last of the preventive detention laws are finally repealed and our judiciary reformed so that it becomes truly independent. I just hope we don’t have to wait for 2025 for that!

This is my crystal-ball gazing piece written in 2005:

Kuala Lumpur, 9 August 2025 – In a stunning development, Malaysia has announced that it is repealing the Internal Security Act 65 years after its enactment.

The move to abolish the law, which allows indefinite detention without trial, came after years of campaigning by a coalition of civil society groups known as the Abolish ISA Movement.

The decision to repeal the ISA was also one of the central planks of the reformist election manifesto of Malaysia’s new prime minister, who won a general election earlier this year after promising to usher in a new era of genuine bottom-up democracy.
A couple of hours’ drive north of Kuala Lumpur, in the industrial town of Kamunting, there were jubilant scenes marking the end of an era as the last group of security detainees at the infamous detention centre here walked out. “It’s good to be free,” said Abdul Manaf Ismail, who was mobbed by reporters as he emerged through the gates tearfully. “I never expected this – I was prepared for the worst.”
He was greeted by his wife, Suraya, and their two children, Zulkifi and Shirleen, who had travelled all the way from Malacca.
The move to get rid of this archaic law is expected to ripple through ASEAN. Campaigners expect Singapore and Brunei to announce a repeal of almost identical laws in their respective countries while other ASEAN nations are also likely to abolish similar preventive detention laws.
Malaysian grassroots groups and activists in neighbouring ASEAN countries had strongly lobbied the Malaysian government to abolish the law, a relic of British colonial rule from mid-20^th century Malaya. The law was initial used against communists and left-wing groups from the 1960s but was then expanded to zero in on an assortment of groups and individuals who were allegedly involved in actions “prejudicial to national security”.
After the Sept 11, 2001 attacks in the United States, the ISA and preventive detention laws received a new lease of life as hundreds of suspected militants, allegedly linked to Al Qaeda, were rounded up across the world. But preventive detention laws fell into disrepute in the years that followed after horrific accounts of torture and abuse of prisoners emerged from Abu Ghraib prison in Iraq, Guantanamo Bay in Cuba, and Bagram air base in Afghanistan.
Burma’s former prime minister Aung San Suu Kyi, who has become an inspirational figure for the pro-democracy movement in ASEAN, sent a congratulatory message to the Malaysian government. “This is a great day for the Malaysian people and the people of ASEAN,” she said. “I understand full well what it means to be detained without trial and to be denied natural justice, so I want to salute the Malaysian government for doing away with the ISA.”
Suu Kyi, who recently celebrated her 80^th birthday, spent more than a dozen years in detention after her pro-democracy movement was brutally suppressed by Burma’s military regime. Upon her release from house arrest 15 years ago, she contested in the country’s first free elections in years, going on to become prime minister of Burma briefly, before stepping down to make way for younger leaders in her party.
At the secretariat of the Abolish ISA Movement in Kuala Lumpur, Kamal Yusuf was euphoric. “We have waited a long time for this day,” he said, as colleagues sang and danced in their office. He pointed out that repeal of the ISA was a vindication of the principle of natural justice that a person should be presumed innocent until proven guilty in a court of law.
“I wish to acknowledge the immense contribution of all those who took part in the struggle,” he added. “More importantly, this victory for freedom- and justice-loving people would not have been possible if not for the persistence and tenacity of all those have campaigned against the ISA down the years.”
In a related development, the ASEAN secretariat said plans for an ASEAN Court of Human Rights were well on course. The Court would hear appeals on human rights cases in the region and would itself allow further appeal to the newly set up Asian Human Rights Court.
The move follows the setting up of national human rights commissions in all ten ASEAN member nations. In recent years, the last three of the ASEAN nations without such bodies – Singapore, Brunei and Burma – announced they had agreed to set up commissions in their respective countries.

Legislation for Religious Envoy Lacks Focus

Washington, D.C. (September 14, 2011) - In a letter sent earlier this week to Senators John Kerry (D-MA), Chairman of the Senate Foreign Relations Committee, and Richard D. Lugar (R-IN), Ranking Member of the Senate Foreign Relations Committee, the Hindu American Foundation (HAF) conveyed its serious reservations with S.1245,the Near East and South Central Asia Religious Freedom Act of 2011.

 

The bill establishes a Special Envoy position within the U.S. Department of State responsible for promoting religious freedom for religious minorities in the Near East and South Central Asia. According to the Foundation, however, the bill is inequitable in its approach and will not effectively further America's interests in safeguarding minority rights around the world.

 

"There is no doubt that religious minorities in many parts of the Near East and South Central Asia face a multitude of human rights violations and restrictions on religious freedom," said Samir Kalra, Esq., HAF Director. "However, we believe that the mandate of any such Special Envoy should not be broadly based, but should instead focus on those countries with deplorable human rights records, including nations designated by the State Department as ‘Countries of Particular Concern’.”

 

The Foundation expressed further concerns about whether the Special Envoy position would pursue an inclusive approach to international religious freedom that protects the rights of all religious minorities in the Near East and South Central Asia. Alluding to language contained in the Findings of H.R. 440 (the U.S. House of Representatives version of S.1245), the Foundation noted with disappointment that while the genuine threats faced by Christian populations in the region were recognized, references to the plight of other persecuted faith groups, such as Hindus and Sikhs in Pakistan, were inexplicably absent from the bill. HAF has documented such human rights violations against Hindus and other religious minorities in its annual human rights report, entitled Hindus in South Asia and the Diaspora: A Survey of Human Rights 2010, as have other prominent human rights watchdog groups.

 

S.1245 was introduced in the Senate on June 22, 2011, after passing in the House of Representatives as H.R. 440 and has currently been referred to the Senate Foreign Relations Committee. Kalra noted that the House version of the bill pinpointed Pakistan and Afghanistan as “priority” countries of concern.

 

"Focusing a bill with specific mention of countries such as Pakistan, Saudi Arabia, Bangladesh, and Iran, for example, would strengthen this bill and narrow its sights on regions of the world where religious persecution is rampant,” added Kalra. “The bill’s Senate version is inexplicably devoid of the ‘priority’ language that risks creating a diplomatic position that may become sidetracked and politicized.”

 

HAF leaders also questioned the efficacy of creating the Special Envoy position when its role and duties would not be significantly different from that of the State Department’s Ambassador at Large for International Religious Freedom or the US Commission for International Religious Freedom (USCIRF), especially given the nation’s current debt crisis and budgetary constraints.

 

"Rather than enacting new legislation that needlessly duplicates the efforts of established positions and institutions, we implore Congress to address the urgent issues of human rights and religious freedom utilizing the existing government infrastructure and diplomatic missions,” said Jay Kansara, HAF Associate Director. “At the same time, it is crucial to strengthen the current structure by incorporating an equitable, comprehensive, and pluralistic paradigm.”

 

Please click here to read the letter.

SUHAKAM PRESS STATEMENT

With reference to the above, may I kindly append herewith a press statement titled "PEMANSUHAN ORDINAN DARURAT, AKTA KESELAMATAN DALAM NEGERI DAN KAJIAN UNDANG-UNDANG KESELAMATAN SEDIA ADA DAN UNDANG-UNDANG LAIN YANG BERKAITAN MERUPAKAN LANGKAH POSITIF KE ARAH PENINGKATAN KEADAAN HAK ASASI MANUSIA DI MALAYSIA" for your kind attention.

Kindly note that the English version of the statement titled "THE REPEAL OF THE EMERGENCY ORDINANCES, THE INTERNAL SECURITY ACT AND THE REVIEW OF EXISTING SECURITY LAWS AND OTHER RELATED LAWS ARE POSITIVE MOVE TOWARDS THE IMPROVEMENT OF THE HUMAN RIGHTS SITUATION IN MALAYSIA" was released this morning, which is also attached herewith for your kind information.

Thank you and kind regards,

"HUMAN RIGHTS FOR ALL"

NOOR AZIZAH HAJI ATDENAN
Bahagian Perhubungan Awam
Suruhanjaya Hak Asasi Manusia Malaysia (SUHAKAM)
Tingkat 10,Menara TH Perdana
50250 Jalan Sultan Ismail
Kuala Lumpur
Tel: (603) 2612 5641 / 6012-206 7406
Faks: (603) 2612 5673

Happy Birthday Malaysia

16 September 2011

48 years ago we formed Malaysia in the spirit of unity, justice and liberty; today, Malaysians have much reason for celebration as Prime Minister Datuk Seri Najib bin Tun Razak publicly commits Malaysian government to sowing the seeds of a stronger human rights culture in the country.

Amnesty International Malaysia (AIM) welcomes Datuk Seri Najib bin Razak’s announcement during his Malaysia Day 2011 address. History is a vital part of our existence from which we can extract lessons and the time has come for Malaysians to face our future with new hopes and aspirations, placing human rights and justice at the core of our nation’s system of administration.

Key reforms which the Prime Minister has announced are:

· The repeal of the Internal Security Act 1960 (ISA );

· The tabling of a motion in both houses of Parliament for the three remaining Emergency declarations to be lifted pursuant to Clause 3, Article 150 of Federal Constitution;

· To review Section 27 of Police Act 1967 with a view to adhering more closely to constitutional provision of Freedom of Assembly in Article 10 of Federal Constitution and international norms;

· The repeal of the Banishment Act 1959;

· The review of the Printing Presses and Publication Act 1984 and that the requirement for annual renewals of permits will be abolished; and

· Review of the Restricted Residence Act 1933.

Datuk Seri Najib has stated that ISA will be replaced by two new Acts of Parliament which seek to address subversive threats. Any endeavour taken must have Human Rights at its core and it is necessary for the government to include all stakeholders in the drafting of these Acts. These rights too have to be respected and adhered by all enforcement authorities; human rights based policing need to be incorporated into our policing system.

We urge Datuk Seri Najib to always uphold the spirit of our Federal Constitution and Universal Declaration of Human Rights. We need to remember the Proclamation of Independence as read out by Tunku Abdul Rahman that we are a, “…sovereign democratic and independent State founded upon the principles of liberty and justice and ever seeking the welfare and happiness of its people and the maintenance of a just peace among all nations”.

AIM extends its support and expertise in assisting the Malaysian government in bringing about these reforms. We hope that the process of reform and its results will be shared transparently with all Malaysians and we look forward to engage with these processes.

This historic moment is a testimony of all the nation could be. It is not a triumph which ought to be attributed to any one party; rather it is a birthday gift from each and every Malaysian to one another.

Nora Murat

Executive Director

--
Amnesty International Malaysia
Support our Fight for Human Rights!

Tel: 603 7955 2680
Fax: 603 7955 2682
www.aimalaysia.org

Liberty is just a mirage

Actor Mano Maniam peels away the facade and discovers that Malaysia lost its liberty when it was covertly replaced by feudalism under the labels of 'Bumiputera and non-Bumiputera'.

FEATURE

When Mano Maniam speaks, the world takes a deep breath and perceptibly slows down.

Mano has a manner of articulating his thoughts with the steady calmness that only illuminates their strength.

It’s with this same calmness that he refuses to have his picture included alongside this interview lest he is tagged as “that Kopitiam fella” and his words dismissed.

The potentiality is particularly worrisome because Mano, 66, has a lot to say on liberty in Malaysia. Two full pages of thoughts to be exact.

“I came home dog-tired last night and went straight to bed but got up again to write all this down,” he said, showing off his scribbled notes.

“I told myself that someone was going to ask me about liberty today and I had better have something worthwhile to say.”

He begins reading aloud.

“Liberty is a state of being. A natural organic environment where the ‘be’ in human being is simply allowed to realise the true and full state of being but never ‘becomes’.”

“When you ‘become’ it is a finality but to ‘be’ is a state of process.

“When you lose your liberty, you lose that state of being, you are forced to conform and you become.
“And that state of becoming is a natural organic death.”

Loss of liberty

By the time he looks up again he has morphed from a public personality with an opinion into a national patriach who takes liberty very seriously because he knows how much of it has been lost.

While many lament the loss of liberty, Mano scorns its facade in Malaysia.

From where he stands, Aug 31 should be a yearly milestone in the strive for liberty rather than the celebration of a non-existent state of being.
With a social activist and freedom fighter as a father, his views on liberty are far from cliched.

But he will tell you that those of politicians are very much that.

“If you ask them whether there really is freedom in this country, they will say that freedom is abstract, needs definition and limitation and cannot exist in totality,” he parrots.

“Everyone knows that! But they say that to justify the curbing of freedom under their terms.”
“Over the years you can see the dumbing down of individual ideas, individuality and originality.

“This is especially apparent in youths aged 17 to 27. So what we have lost in terms of liberty is a whole generation and its ability to think,” he adds.

Mano’s description of the Aug 31, 1957, aftermath is waking up to a song titled “Negaraku”, an identity card and a flag that was no longer red, white and blue.

‘We didn’t fight for freedom’

His 12-year-old self then joined a sea of others who were also defining themselves by these symbolisms, which were attached to meanings and changes that no one quite comprehended.
Malaysia’s liberty, Mano points out, was grayer than in nations where blood, gunshots and strife won them independence.

“We had adopted the modern concept of nation-state without understanding what it meant because we didn’t have to fight for it,” he said.

“And without a fight what did we gain independence from?”

“OK, so now we have our own way of doing things, we make our own decisions and we don’t have someone from Westminster watching over us… but we had to create what liberty meant to us as we went along.”

Mentally walking through the passages of time, Mano notes that liberty began seeping out of the young country just a few years after 1957.

The new citizenship rules had placed the non-Malays on an almost equal footing with the Malays and this revived bitter memories of 1511 when the Malay culture temporarily faltered.

“The Malays saw 1957 as a restitution of what they had lost generations ago and they wanted to take it back,” he says.

“Anyone who was not part of that group was in a servile state.”

“So has liberty been eroded through the birth of the nation?

“Yes. And what we live in now is a totalitarian feudal society masquerading as a functioning democracy in which there is a clear division between the Bumiputeras and non-Bumiputeras.”

‘Nobody can be a negative’

The latter term is one which Mano deeply loathes.

These days when called a “non-Bumiputera”, he summons enough strength to walk away and keep his cool.

But he isn’t above turning right around and branding the name-caller a non-Indian either.
“If you call me what I am not like you, then I have the right to call you what you are not like me,” he says hotly.

“Non means negative and nobody can be a negative or a minus anything.
“It was at this point that we started losing our liberty.”

Sejarah diseleweng demi kepentingan pihak tertentu

Mana mungkin, kita menafikan perjuangan tokoh-tokoh yang dilatari pelbagai faham perjuangan, baik dari gerakan Islam, aliran kiri mahupun dari aliran kanan, kata Anwar.

PETALING JAYA: Ketua Pembangkang Datuk Seri Anwar Ibrahim menegaskan sejarah diselewengkan demi kepentingan sesetengah pihak sahaja sekaligus menafikan perjuangan golongan lain yang bersama bertungkus lumus menentang penjajahan.

Menurut beliau, sudah sekian lama rakyat negara ini disogokkan dengan naratif sejarah yang dilakar oleh sesetengah pihak sahaja sedangan tujuan asal sejarah perjuangan menuntut kemerdekaan disampaikan kepada generasi seterusnya ternyata menyimpang dari halatuju yang sebenarnya.

Ahli Parlimen Permatang Pauh itu berkata, mana mungkin, kita menafikan perjuangan tokoh-tokoh yang dilatari pelbagai faham perjuangan, baik dari gerakan Islam, aliran kiri mahupun dari aliran kanan.

“Mereka ini walaupun berbeda pandangan, hakikatnya punyai matlamat yang sama, iaitu mahu tanah air kita merdeka dari penjajah,” katanya dalam satu kenyataan bersempena sambutan ulang tahun ke 54 kemerdekaan dan Hari Malaysia hari ini.

Tegas beliau, “adalah suatu keangkuhan sekiranya kita menafikan sumbangan golongan tertentu menuntut kemerdekaan hanya kerana mereka tidak sehaluan dengan kita.

“Jikalau kita jujur berhadapan dengan sejarah, ternyata selain dari Dato’ Onn Jaafar dan Tunku Abdul Rahman, ramai lagi seumpama Dr Burhanuddin al Helmi, Ishak Haji Muhammad, V.T Sambanthan, Tan Cheng Lock, Rosli Dhobi di Sarawak dan Mat Salleh di Sabah ternyata gigih menentang penjajahan terutamanya penjajahan British.

“Tidak wajar dilupakan juga sumbangan tokoh persuratan seumpama Syed Sheh al Hadi dan Pendita Zaaba yang berusaha membina kesadaran membawa pembaharuan kepada masyarakat,” tambahnya.

Menurutnya, fakta sejarah diabaikan manakala naratif sejarah terbabas dari landasan rasional sehinggakan ada mereka yang mendabik dada sebagai intelektual, kerana mahu mengampu pemerintah, menafikan negara ini pernah dijajah.

Anwar menegur para intelektual atau sarjana agar tidak dihinggapi penyakit “bebalisme,” suatu penyakit malas berfikir, kelesuan intelektual dan takut menyatakan yang benar.

Katanya, tidaklah menjadi suatu kesalahan sekalipun, tatkala kita mengakui sumbangan Dato’ Onn dan Tunku Abdul Rahman, adalah fakta sejarah.

Hisbul Muslimin

Ujar beliau, “sememangnya Umno itu lunak dengan pemerintahan British berbanding golongan lainnya sehinggakan pendiri Umno itu pernah menyelar Hizbul Muslimin yang didirikan antaranya oleh Almarhum Ustaz Abu Bakar Baqir sebagai “bahaya dari gunung.”

“Karya berjudul ‘From Malayan Union to Singapore Separation’ tulisan Dr. Nordin Sopiee, mantan Pengerusi ISIS, sebuah badan pemikir bagi pemerintah turut mengakui hakikat ini,” terang Anwar.

Anwar menegaskan negara kini berada di persimpangan, ketika rakyat negara ini mahu mengetahui sejarah sebenar perjuangan kemerdekaan serta berhasrat menolak dongengan ciptaan pemerintah, para sarjana dan intelektual tidak boleh lagi tinggal diam membisu.

“Mereka harus bingkas bangun bersama rakyat keseluruhannya menjadi penyuluh menelusuri jalan memaknai Kemerdekaan dan Membangun Negara Malaysia ini.

“Antara tugas intelektual ketika ini menjadi suara menyatakan kebenaran tanpa rasa takut. Kita masyhgul apabila wacana pensejarahan menjadi medan untuk mereka yang berkuasa menunding siapa pengkhianat dan siapa yang bukan.

“Sewajarnya wacana pensejarahan sebegini sesuai sebagai pentas menyemak kembali fakta memperkaya pengetahuan rakyat, bukannya sebagai upaya politik murahan hatta mengenepikan hakikat sejarah,” tambahnya.

Menurutnya, polemik Mat Indera yang tercetus baru-baru ini menggasak pimpinan Umno bertindak balas dengan nada emosi.

“Retorika seumpama pengkhianat dan tidak kenang budi dicanang seluruh negara sedangkan rujukan seperti karya berjudul “Pengukir

Nama Johor” terbitan Yayasan Warisan Johor serta disunting Profesor Dato’ Abu Bakar A. Hamid dan Md Ismail Zam Zam itu menjelaskan Mat Indera antara mereka yang gigih menentang penjajahan British “Janganlah pula kerana kesediaan kita menghargai kegigihan Mat Indera itu, maka dilabelkan kita sebagai mendokong agenda komunisme,” tegas beliau.

Iraqi asylum seeker, 17, took part in gang rape just four months after arriving in Britain

Salman Ahmed, 17, has been jailed for over five years for the gang rape of a 23-year-old woman

Teenager will be deported after serving five-year sentence in young offenders' institution

He will also be on sex offenders' register for life

A 17-year-old Iraqi asylum seeker who had only been in Britain for four months took part in a gang rape and laughed as he humiliated the victim.

Salman Ahmed, who was thought to be drunk at the time of the assault in Oxford, was told that he would be deported after serving his sentence of five years and three months at a young offenders' institution.

The teenager 'enjoyed the humiliation, pain and harm' during the attack on March 16, according to Judge Anthony King at Oxford Crown Court.


Ahmed and an accomplice, who police are still trying to track down, repeatedly raped the 23-year-old victim, after snaring her while on a night out.

According to the prosecution they told the unnamed woman: 'You have been making two guys happy.'

Mr King heard how Ahmed and his accomplice held the woman down as each raped her.

Salman Ahmed was told at Oxford Crown Court that he would be deported after serving his sentence of five years and three months at a young offenders' institution

He said: 'When you had no reason to believe that this young woman would consent to any form of sexual contact you and a man with you took hold of her, detained her and while you lay upon her the other man then raped her.

'Throughout she protested and sought to escape. Once that first man had raped her with your help you then separately raped her while he held her down.


'That was not enough for you. Both of you then raped her again, each assisting the other to do so.

'You were clearly laughing as you were enjoying the humiliation, the pain and harm you were inflicting upon her.'

He added: 'These were grave offences. I find there was an element of pre-planning between you and the other man who has not yet been brought to justice.'


The judge was told that the victim had been sober on the evening of the attack, however, Ahmed had suffered an 'alcoholic blackout' and could not remember the incident.


Jeannie Mackie, defending, said he was previously 'without sexual experience'.
Ahmed pleaded guilty when DNA evidence linked him to the crime.


His lawyer said: 'Alcohol has been an issue in my defendant's life.

'Although he comes from a Muslim family he had not drunk alcohol until November 2010 when he came to this country, and alcohol has become a problem.'


Ahmed was also placed on the Violent and Sex Offender Register for life.

Sweden: Imam calls to kill converts on Radio Sweden

Sweden: Imam calls to kill converts on Radio Sweden Via Dagen (Swedish): "It is the duty of every Muslim to kill those who leave Islam." This statement was made on Radio Sweden recently when an Imam from Rinkeby (Stockholm) was allowed to speak about how people should act against Somalis who convert to Christianity.

The program with the death threats against converts was broadcast by the Somali department of Radio Sweden and was a follow-up on a previous segment about a group of Christian Somalis who came to Rinkeby Square to evangelize. They also got to talk about it in the radio report.

"I was there when they preached about Christianity. I also spoke with the guys who converted," said Kenadid Mohamed, the reporter who did the segment.

Rinkeby is a suburb of Stockholm where many Somalis live, and the evangelizing Somalis got a crowd who understood the language.

"Some saw it as a provocation that they came and preached about Christianity outside the msoque during Ramadan," says Kenadid Mohamed.

He says that there were various feelings among the Somalis who were there. Many were surprised since it's unusual that Somalis are Christians. The reactions among the Somali audience were mixed. Some thought it was OK to hear a sermon and prayer in Somali and referred to Swedish freedom of religion. (...)

US names Indian Mujahideen to terror blacklist

Indian soldiers stand near the bodies of militants belonging to Hizbul Mujahideen group after a gun battle in Haritar, north of Srinagar in this file photo of April 24, 2009. The United States named the Indian Mujahideen to its official blacklist of foreign terrorist organisations on September 15, 2011. – Reuters pic

WASHINGTON, Sept 15 – The United States named the Indian Mujahideen (IM) to its official blacklist of foreign terrorist organisations today, saying it has killed hundreds of innocent civilians in attacks dating back to 2005.

“IM’s primary method of attack is multiple coordinated bombings in crowded areas against economic and civilian targets to maximize terror and casualties,” the State Department said in announcing the designation, which bars US citizens from providing any material support to the group and freezes any assets it may have in the United States.

The State Department said the IM, while based in India, has “significant links” to Pakistan and close ties to other groups on the US terror blacklist including Pakistan-based Lashkar-e-Taiba (LeT), Jaish-e-Mohammad (JeM) and Harakat-ul Jihad Islami (HUJI).

The United States and India have sought to step up counterterrorism coordination over the past several years as the two countries improve ties, although Indian officials say they would like more help, including better intelligence sharing.

The State Department said the IM carried out a 2010 bombing of a popular German bakery in Pune, India frequented by tourists, killing 17 and injuring over 60 people, and another attack in Delhi in 2008 that killed 30 people.

It said IM was also responsible for 16 synchronised bomb blasts in crowded urban centres and a local hospital that killed 38 and injured more than 100 in Ahmedabad and played a “facilitative role” in the 2008 Mumbai attack carried out by LeT that killed 163 people, including six Americans.

“These designations highlight the threat posed by IM not only to Western interests, but to India, a close US partner,” ambassador Daniel Benjamin, the State Department’s counterterrorism coordinator, said in a statement.

“The Indian populace has borne the brunt of IM’s wanton violence and today’s actions illustrate our solidarity with the Indian government,” he said. – Reuters

ISA abolished, host of changes promised

Prime Minister Najib Tun Razak says two new laws will be introduced to safeguard peace and order.

FULL REPORT

 

KUALA LUMPUR: The Internal Security Act (ISA) 1960 will be abolished and two new laws will be introduced to safeguard peace and order, Prime Minister Najib Tun Razak said.

The prime minister also announced that the government would repeal the Banishment Act 1959 and reviewing other laws to be in line with current needs.

A comprehensive study will be carried out on the Restricted Residence Act 1993 and the Printing Presses and Publication Act 1984 where annual renewals would be done away with, and replaced with issuance of licence until it is revoked.

He also said that three Emergency declarations will also be lifted. Once that is done, ISA-like preventive law Emergency Ordinance will also lapse.

The motion to lift the May 15, 1969 nationwide Emergency, the Sept 14, 1969 Sarawak Emergency and the Nov 8, 1977 Kelantan Emergency will be tabled in Parliament, he added.

Announcing the matter tonight in his special Malaysia Day message, Najib said the two new laws would be formulated “under the spirit and umbrella” of Article 149 of the Federal Constitution to prevent subversive elements as well as fighting organised terrorism and crime, in order to safeguard peace and public order.

In the message delivered in front of 800 people at Angkasapuri and aired live over TV1 and TVi, the prime minister said the new laws replacing the ISA would provide for a shorter detention period.

He added that extension of detention can only be done through a court order, except in the law concerning terrorism where the power remained with the minister.

“Generally, the power to extend the detention period will shift from the executive to the judiciary, except in matters concerning terrorism,” he said.

Stern action against street protesters

Najib had promised when he first took over the helm of the country’s administration on April 3, 2009 that he would carry out a comprehensive review of the ISA.

Najib said tonight that the government would ensure that the rights of those being taken action under the new law would be safeguarded in line with the spirit of the Federal Constitution.

He said the government also assured that individuals would not be detained because of their political ideologies.

“The government will also review Section 27 of the Police Act 1967, taking into account the provision in Article 10 of the Federal Constitutions concerning freedom of assembly,” he said.

Najib stressed, however, that stern action would remain against street demonstrators.

He said that the permit to assemble would be given under certain set of criteria to be determined later, taking into consideration the norms at the international level.

Najib said the government would not hesitate to amend or repeal laws which are no longer relevant.

Revoking the proclamations of emergency

Najib said the parliamentary motion to lift the Emergency proclamations will be made under Clause 3, Article 150 of the Federal Constitution, and was in line with the people’s aspiration for Malaysia to be more open and its democracy, more dynamic.

“As many are aware, only the emergency proclamation made following the confrontation in 1964 had been implicitly revoked, while the other emergency proclamations are regarded to be in force until today,” he said.

He said, realising that Malaysia had changed over the years and in line with the people’s aspirations based on the universal philosophy on democracy, the government would table in the lower and upper houses of parliament for the three emergency proclamations to be revoked.

Clause 3, Article 150 of the Federal Constitution gives the power to the Yang di-Pertuan Agong to revoke the emergency proclamations and ordinance, or these to be ineffective if decided by parliament.

The prime minister said the time had come for Malaysia to move towards a future with a paradigm based on new hopes and not shackled by nostalgia.

Najib stressed that the government would stay committed to upholding the country’s system of parliamentary democracy and constitutional monarchy, sovereignty of law, federation principle, and the system of check and balance among the three branches of the government.

Hisham: ISA-replacement legislation soon

In a related development, Home Minister Hishammuddin Hussein said the new legislation to replace the ISA will not take long to draft because no amendments need to be tabled in Parliament.

He said that the government might look at similar legislation in other countries when drawing up two bills.

“Laws related to terrorism such as the Patriot Act in the US and the Anti-Terrorism Act in the United Kingdom and Australia can all be used as a model,” he told reporters here.

Hishammuddin said the main consideration for the government in drafting the two new pieces of legislation would be to find a balance between national security and personal freedom.

He also said the government started reviewing the ISA two years ago and made the decision to abolish it after getting the views of the police, armed forces and other relevant agencies.

- Bernama

‘AG abused power in Chithirakala case’

Lawyer Kengadharan says the public prosecutor has too much clout and this must be reduced to ensure justice

PETALING JAYA: A lawyer-activist today urged the government to review Article 145 of the Federal Constitution to reduce the power of the Attorney General.

R Kengadharan, commenting on a recent cheating case involving the former CEO of MIC’s education arm, said the article’s weakness was that it gave “absolute power” to the AG to proceed with or discontinue a court case.

He said such power was open to abuse and that the current AG, Abdul Gani Patail, did abuse it recently when he dropped the case against P Chithirakala Vasu, who had been charged with three counts of cheating the Maju Institute of Education. The amount involved was RM4 million.

Chithirakala was acquitted and discharged after the prosecution explained that she had returned the money she allegedly siphoned away.

Article 145 essentially provides the AG with the discretion to institute, conduct or discontinue proceedings over any offence.

“The attorney-general has wide discretion over the control and direction of all criminal prosecutions,” said Kengadharan, who is a former detainee under the Internal Security Act.

Such “absolute power” was anathema to a sound judicial system, he told FMT.

Referring to Chithirakala’s case, he said her disclosure that she had returned the money amounted to an admission that she had committed the crime. The court should therefore punish her, he added.

He said he feared that other offenders might now “employ the same tactic”.

“The only way to make things right for the future is to revisit Article 145, to ensure that the AG may not use his prosecutions power in bad faith.”

Meanwhile, a PKR leader has challenged the judiciary to provide an “acceptable explanation” for allowing Chithirakala to walk free.

S Jeevan of PKR Johor said the Sessions Court’s decision was “disgusting”.

“What we learn from the case is that if someone robs or steals and then returns the stolen goods, then he can go free,” he said.

The case had further eroded the public’s faith in the judiciary, he added.

Pak Samad backs call to stop Merdeka fests

The national laureate asks why Mahathir allowed celebrations for 22 years if he believed that the British never colonised Malaysia.

PETALING JAYA: National laureate A Samad Said today joined the call for a stop to all Merdeka celebrations until Malaysians settle the question of whether Malaysia was ever a British colony.

The poet, novelist and activist said the issue needed clarification, now that former premier Dr Mahathir Mohamad and Zainal Kling of the National Professors’ Council had gone against conventional belief to assert that the British never colonised this country.

“So now I think we have every reason to rectify this,” he said. “And I agree that we shouldn’t celebrate until we really know whether we’re Merdeka or not.”

Samad said he wondered why Mahathir had taken so long to tell Malaysians what he truly believed about Malaysia’s past relationship with the British.

“You must know that Mahathir was the PM for at least 22 years. Why didn’t he tell us this before? That’s very funny. Why did he allow the nation to celebrate Merdeka for 22 years under his reign?”

The 76-year-old Samad said it was his opinion that Malaysia was in fact colonised. “We really cannot say we were not.”

Commenting on the idea of calling in a team of experts to re-study Malaysian history, Samad said: “Yes, as usual, you need a team of experts, but this time you need to include the opposition historians.”

He said the recording of Malaysian history had, for many years, been skewed towards “one side only”, ignoring the substantial contribution of people like Mat Indera, Mat Kilau, Ahmad Boestamam and Ishak Haji Muhammad in the struggle for independence.

“They fought for independence, but have not been given good space in history,” he said. “I think the door of history is open now. Now you can see what is inside and rectify anything that you think is not right.”

Receiver of independence



Samad stuck to an opinion he expressed in a recent forum – that Tunku Abdul Rahman was more a “receiver of independence” and less the “father of independence” that official history has made him out to be.

“He was not a fighter for independence. He was more like a receiver. There were many other people who fought for independence. He came in when the fight had almost ended.

He was picked because the British thought he was more suitable for their interests at the time.”

Joseph Milton Fernando, a senior lecturer in Universiti Malaya’s History Department, said the question was more complex than most people would think.

He said the British had “considerable control” over the Federated Malay States although these were officially “protectorates”. Other states that eventually became members of the Malay Federation were either “crown colonies” or “protected states”.

“But I do not think we could just say we were not colonised, because if we were never colonised, there would not be a need to struggle for independence,” said Fernando, who has written several books on the history of Malaysian independence.

Commenting on suggestions for the banning of Merdeka celebrations and history books, he said some groups were being “mischievous”.

“Merdeka was not given on a silver platter,” he said. “Many groups contributed to independence, some more than others.”

Setting record straight



MIC secretary-general S Murugessan said calling for a ban of Merdeka celebrations or history texts was “going overboard”.
He said not a single country in the world could claim that its official history was beyond dispute.

“Even a single historical event can give rise to many interpretations. Scholars, historians and politicians have, through the ages, interpreted history from their own standpoints.

“However, Merdeka is a national celebration and is etched in the collective memory of all Malaysians.”

He said there was no need for an independent team to review Malaysian history because the public had access to enough materials and records.

“However, I do agree that we need a multiracial and independent panel to vet all historical textbooks to maintain factual accuracy and to prevent authors from passing off their own judgment and opinions as fact,” he said.

Yap Pian Hon, a veteran MCA leader, said that the government should “set the record straight” and not let the issue continue to confuse the public.

Zaid a tyrant, says sacked Kita man

Muhammad Firdaus Christopher alleges that the party boss has financial problems and behaves like Saddam Hussein.

KUALA LUMPUR: Former Kita central executive committee member Muhammad Firdaus Christopher today accused Zaid Ibrahim of running the party like a dictator, calling him a “Saddam Hussein”.

Seething over the way he has been sacked from the party, he said the allegations against him were lies.

Kita working secretary Masrum Dayat announced in a press statement yesterday that the party had terminated Firdaus’s membership because he had smeared its name on his personal Facebook and Twitter pages.

Masrum alleged that Firdaus was avenging the recent termination and also insinuated that Firdaus was behind the technical problems that the party’s website faced yesterday.

Firdaus told FMT today that no one informed him of his sacking before Masrum released his statement and alleged that neither the statement nor Masrum’s position in the party was legitimate.

“The person who signed the statement is not a Kita member, but a PAS member,” he told FMT. “And there is no such position as a ‘working secretary’ in the party.”

He said he learnt of his termination only last night, after receiving calls from news reporters.
He added, however, that he had left his position as a paid employee of Zaid three months ago because the Kita president had stopped paying him.

He explained that he was one of three people in the party whom Zaid had been paying out of his own pocket, the other two being treasurer Rashid Azad Khan and Selangor Election director and Zaid campaign manager Pak Malek Baretta.

“Zaid stopped all our salaries three months ago due to personal financial difficulties,” he said. “He told us he didn’t have any more money and that we should look for funds for the party and take part of those funds as our salaries.

“Three months ago, Rashid received a text message from Zaid informing him that he had been removed as treasurer because he was too slow in getting funds. But that’s not a treasurer’s job.”

According to Firdaus, both he and Rashid had tried to look for funds, but that the job proved difficult, with many party members and supporters questioning why they had to fund a rich man’s political party.

“Rashid’s replacement, a Dr Rajaratnam, also left last month because he was under too much pressure to look for funds,” he said. “You can’t put a gun to someone’s head like that.”

Talking to the wall

Firdaus denied allegations that he had been smearing the party’s name, saying that he had only launched a direct attack on Zaid for his “arrogant, tyrannical and dictatorial” behaviour.

“He doesn’t listen to anyone but his own voice,” he said. “He doesn’t have meetings with anyone. He hires and fires alone and he doesn’t adhere to the party constitution. Giving him feedback is like talking to the wall.

“Kita is nine months old and not a single soul has received an appointment letter. When secretary-general Latif Thamby Chik brought up the constitution, Zaid shouted that it wasn’t Latif’s charter and to forget about it because this was the way he ran his party. Isn’t that like Saddam Hussein?”

Zaid has since appointed two party liaison directors, Masrum and Aziz Kadir. According to Firdaus, their task is to spread word about the alleged treachery of the four who used to work for him and to carry out shady operations in Kita’s state branches.

“We had agreed in the inaugral meeting that state branches would have to be registered once the membership hit the 100 mark,” he said. “A meeting would then be called to elect the office bearers.

“But now Masrum and Aziz have been told to go to each branch and create prepared minutes of meetings with 15 names on them to be submitted to the Registrar of Companies as a pro-tem committee.

“What about the other members who want to be part of the committee? We’re talking about malpractice here.”

Firdaus worked closely with Zaid during his candidacy for the Hulu Selangor by-election last April and also during the PKR party elections. But he said he never saw this side of Zaid before.

“The only problem I had with him in Hulu Selangor was that he never kept to the schedule,” he said. “And he was very mellow during the PKR elections. It was only when he became party chief that all hell broke loose.”

When contacted, Zaid said he would comment on the accusations at a later date.

Ibrahim Ali FINALLY admits that Malaya was colonised for 400 years

Ibrahim Ali finally admits that Malaya was colonised over a period of 400 years. Actually the Portuguese colonised Melaka exactly 500 years ago in 1511 and the Northern states paid tribute to and were vassals of the Kingdom of Siam while the Southern states were part of the Riau Empire.

THE CORRIDORS OF POWER
Raja Petra Kamarudin 


Perkasa: ‘Melayu dijajah 400 tahun, tindakan afirmatif dua dekad DEB mana cukup’
(The Malaysian Insider) - Presiden Perkasa, Datuk Ibrahim Ali, menegaskan orang Melayu dan Bumiputera telah dijajah lebih 400 tahun dan, oleh itu, tidak mungkin boleh maju dalam dua dekad sejak Dasar Ekonomi Baru (DEB) dilaksanakan.

Tempoh 20 tahun DEB berakhir 1990 dan matlamat dasar itu diteruskan menerusi dasar-dasar susulan sejak itu.

Sehubungan itu kata beliau, orang Melayu dan Bumiputera sewajarnya diberi masa dengan menganggap bahawa tempoh DEB antara 1970 hingga 1990 sebagai fasa pertama dan era selepas 1990 sebagai “fasa kedua.”

“Harus diingat bahawa Melayu dan Bumiputera telah dijajah lebih 400 tahun. DEB hanya dilaksanakan dari 1970 hingga 1990.

“Mana mungkin (kaum yang) dijajah 400 lebih boleh maju, berjaya dalam tempoh 20 tahun dan waktu DEB dilancar dan dilaksanakan, orang Melayu dan Bumiputera belum bersedia dan serba kekurangan,” kata Ibrahim dalam satu kenyataan dikeluarkan hari ini.

Ibrahim menggunakan rujukan dijajah dengan tempoh pelaksanaan memajukan orang Melayu dan Bumiputera ketika negara berhadapan dengan polemik sama ada Tanah Melayu benar-benar dijajah oleh British dan kuasa asing.

READ MORE HERE: http://www.themalaysianinsider.com/bahasa/article/perkasa-melayu-dijajah-400-tahun-tindakan-afirmatif-dua-dekad-deb-mana-cukup/

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

Sovereignty of Malay Rulers a legal fiction
DR CHANDRA MUZAFFAR, The Star 

In the midst of the controversy over Mat Sabu and Bukit Kepong certain views have been expressed about British rule which may have the unintended effect of confusing rather than enlightening.

It is true that the Malay states – unlike Penang, Malacca and Singapore – were not British colonies in the formal sense. Nonetheless, they were under British rule. The sovereignty of the Malay Rulers was a legal fiction.

The Ruler was required in both the Federated and Unfederated Malay States to seek, and act upon, the advice of the British Resident or Adviser “on all questions other than those touching Malay Religion and Custom”. 

In other words, decision-making powers were effectively in the hands of the British.

Apart from laws and treaties which established the actual locus of authority with the British, every important dimension of the economy was under their control. Issues pertaining to land, resources,
labour, capital and market in the Malay states were all determined by British policy and British interests.
This made the situation in the Malay states no different from the three British colonies in their vicinity. Indeed, it was British control over both the internal and external economy of the Malay states that rendered them de facto colonies.

Economic control led to the exploitation of Chinese and Indian workers in the tin mining and plantation sectors and the marginalisation of the Malay masses in the peasant sector.

The creation of a dual economy with the commodity based, exported oriented sector directed towards the colonial metropolis was a common characteristic of most colonial economies. In reality, the Malay states bore all the iniquities and injustices associated with colonial rule.

It is mainly because there was de facto colonialism that Umno in the 50s and Parti Kebangsaan Melayu in the 40s championed the cause of merdeka (independence) from the British.

They were focussed upon the substance – rather than the form – of British rule.

Malaysian Scorpene Submarine Corruption Case Legal Briefing

The Solicitors International Human Right’s Group (SIHRG) and Malaysian Human Rights NGO (SUARAM) will be hosting a briefing and fund raising event in relation to the French Scorpene submarine deal in which French giant shipbuilder DCNS is alleged to have paid millions of Euros in kickbacks to top Malaysian officials.
Joseph Breham, a renowned French lawyer from Sherpa, a non-profit organisation dealing with human rights legal issues and Cynthia Gabriel from Suaram will provide up-to-date briefings followed by an open dialogue session. William Bourdon, a colleague of Mr Breham, who is also part of the French legal team, was unfortunately deported by Malaysian authorities in July this year en route to speak at fund raising events in the Malaysian capital Kuala Lumpur. Please join us for what is bound to be an interesting and engaging evening.
Date : Friday 30th Sept 2011
Venue : Lecture theatre BPP Law School, 68-70 Red Lion Street, London WC1R 4NY
Time : Registration : 6pm  Briefing and Dialogue Panel : 6.30pm-8.00pm
A nasi lemak supper will be on sale at the venue. All proceeds will go towards the legal fund. Admission is free but donations towards the legal case are welcome.
Please register at http://malaysianscorpenesubmarinecorruptioncaselegalbrief.eventbrite.com/
For further details pertaining to the case please see below:

http://malaysia-today.net/mtcolumns/guest-columnists/39450-malaysian-submarines-the-trail-of-retrocommissions-is-becoming-clearer

Briefing on the Scorpene Submarine Case
Chronology:
5 June 2002:   Malaysian Government signed an agreement with French DCNS and Spainish Navantia for the procurement of two (2) Scorpene class submarines.
The procurement contract was through direct negotiation with the manufacturing companies, said to be with the service of Perimekar Sdn Bhd.
According to the Government explanation, the contract was divided into two parts:
a.   Cost of two Scorpene submarines together with the package that covers Integrated Logistic Support and training amounted to Euro 969.15m (however on 14 May 2008, Najib told the Parliament that this part cost Euro 999.15)
b.    Payment to Perimekar Sdn Bhd in the name of “coordination services” for a period of six years, the sum was Euro 114.96m
It is widely believed that payment for the second package was in reality the commission for Najib/Rosmah through Razak Baginda as the owner of Perimekar.
With the exchange rate at the time, the cost was equivalent to:
1)    Payment for submarine cost between: RM 2.14b (Euro=RM3.2 in 2002) – RM 5.43b (Euro=RM5.6 in 2008) (nowEuro=RM4.7)
2)    Commission: probably about RM 540m (exchange rate at the time of payment)
26 July 2006: Royal Malaysian Navy announced these vessels will be named after the first and second prime ministers. The first hull will be named KD Tunku Abdul Rahman and the second hull KD Tun Razak.
24 Oct 2007:   The first vessel, KD Tunku Abdul Rahman was launched by then Defence Minister Najib on at the DCNS dockyard, Cherbourg, France.
(According to Sharribuu, Altantuya was in France with Najib during the launch)
3 Sept 2009:   The first Scorpene submarine KD Tunku Abdul Rahman, arrived at a Port Klang naval base after a 54-day voyage from France. The second of the series, KD Tun Razak, is scheduled for delivery in late 2009. However it only arrived in mid 2010.
10 Feb 2009:   It was reported that KD Tunku Abdul Rahman could not dive due to technical faults. The Navy sources admitted that the defect had prevented it from diving for three months. However the Government claimed that the problem was fixed in early February and it was allowed to undergo tropical water trial since then.
As a result, builder DCNS SA extended the warranty for the submarine, which was supposed to expire on 25 January 2010, until May 2010 so the submarine could complete its trials as the first step to obtaining its Initial Operational Capability (IOC).
25 May 2010:  KD Tunku Abdul Rahman warranty expired.
2 July 2010:    KD Tun Razak, the second Scorpene submarine, arrived at the Lumut RMN Base. It was more than 6 months behind schedule.
7 July 2010:    Marhalim Abas of the Malay Mail again reported that Malaysian submarine crews had remained on dry land since the first arrival due to continuous problems of KD Tunku Abdul Rahman; the crews risked to lose their submarine rating for unable to participate any trial dive.
Both submarines are now parked at Sabah Sepanggar Naval base, to date neither of them had undergone the necessary tropical water trial dive.
What is the actual cost of the Scorpene submarines?
Agreement signed with DCNS/Navantia costed Malaysian taxpayer Euro 1.08b (with Euro 114.96m commission for Perimekar). Nonetheless, we later found out that the price did not include many items.
What are the missing items that need additional payments?
1.   Maintenance services: Malaysian Government had awarded a joint venture Boustead-DCN Bhd (BDCN) as the services provider for the submarine maintenance. Until today the cost had not been finalized. Nonetheless, in June 2009 Boustead Heavy Industries in a statement to Bursa Malaysia informed that the government had expressed an intent to award a contract worth RM600 million to its joint-venture unit for in-service support for submarines.
March 2010: Defence Minister Zahid Hamidi clarified that for the first year maintenance would cost about RM270m and the annual maintenance cost will be capped at RM600m per year.
2.   LIMA 2009: Defence Minister announced additional contract worth Euro37.5m (about RM150m) for the supply of Support and Test Equipment (S&TE) for Scorpene submarines.
3.   Weapon not included: on 22 June 2010 Defence Minister answered parliament question revealed that the Government has paid Euro219.265m (about RM890m) for 40 units Exocet SM39 missile and 30 units Black Shark torpedo, to be delivered by 2013.
4.   Infrastructure for submarine base in Sabah (not yet constructed)?
5.   Training for crews, support staff etc. No price yet.

Grand total (rough estimate):
Hardware: two Scorpene class submarines                         RM 5,430m
Commission: in the form of services by Perimekar               RM 540m
Package for simulation and training, S&TE                          RM 150m
Weapons: 40 Exocet missiles and 30 Black Sharp torpedo     RM 890m

Total: RM 6.98b

Maintenance service (under negotiation)                             RM 270m (first year)/ RM600m (max)

Money spent to date                                                         RM 7.3b    

If we add RM600m maintenance                                         RM 7.58b (for 3 years)
Uncertain for repair cost to overcome defect                         RM ???

ISA to go; can we shut down Kamunting now?

On the eve of Malaysia Day, a light-hearted look at the recent controversy over history from the folks at That Effing Show.

Najib disappoints again: Glamour ISA announcements but little real change

UPDATE3 Prime Minister Najib Razak's promise to repeal the Internal Security Act 1960 and several other oppressive laws were cautiously greeted by PKR leaders as a victory for the people, including the thousands of activists both local and foreign who fought through the decades for their removal.

However, they slammed Najib for trying to give a false impression to Malaysians that they could look forward to greater democracy and social justice, when effectively, there was little real change and a possibility that new laws made to replace the ISA could contain similarly oppressive clauses.

"Firstly, we don't know what new laws will be made to replace the ISA and Emergency Ordinance. They could be worse. Also, if Najib was really sincere, he would have lifted the Sedition Act and the Official Secrets Act, which they are already using to force the people into obedience. We have always said there was no need for the ISA. The Sedition Act and the OSA were bad enough," PKR strategies director Rafizi Ramli  told Malaysia Chronicle.

Malaysia Chronicle also spoke to several professionals working in the Golden Triangle area. One of them, an investment director who only wanted to be known as MK, said what was more important was how the laws were carried out by the people entrusted to do so.

"What Najib has done is he has effectively admitted that outdated laws like ISA and EO have been abused by the government and the police to achieve ends which the laws were never designed for. Now he calls for their repeal, which of course is a good thing, but for real changes to be felt by the people, it is not only the law which needs change, but the manner in which they are used," MK told Malaysia Chronicle. 

"Until the government stops the systematic abuse and misuse of not just the legal system but also institutions like the police and the election commission, civil liberties remain out of reach for us Malaysians.  After all, we used to have an independent judiciary who interpreted the law without fear or favour. Nowadays, the government can enact all the shiny new laws they want, because it is the interpretation and administration of those laws which can be perverted."

Freedom of expression and speech is as curtailed as before


PKR leaders were also not impressed by the lifting of a requirement for media firms to renew their publishing licenses on a yearly basis. They pointed out that a licence still needed to be obtained from the Home Ministry, and that the power to rescind such licenses at any time and for any reason whatsoever was still available to the Home Minister.

"All the mainstream media are already owned by the political parties like Umno, MCA and MIC. They will toe the party line whether or not the license needs annual renewal. For the alternative media, the beneficiaries are the PAS papers like Harakah. But even then these can be banned at anytime," PKR vice president and Batu MP Tian Chua told Malaysia Chronicle.

"Also notice, Najib did not uplift the ban on Suara Keadilan. In other words, he uplifted a superfluous clause. If you don't believe, try applying for a licence to publish a Malaysia Chronicle daily or weekly and see whether you can get any approval?"

Still refusing to acknowledge a two-party system

Indeed, it does not augur well and implies that the current chaotic political environment will continue until even after the next general elections, which many believe will be held within the next few months.
Najib's tacit refusal to grant greater democratic space, or any acknowledgment that a two-party political system is already in place in the country, signals a refusal to embrace real reforms.

"The governments stranglehold on our freedoms remains. It is particularly striking that the PM throughout his speech uses the language of oppression and underlying menace to declare apparent new freedoms. Every pronouncement is accompanied by warnings, caveats and restrictions. This does not augur well as a precursor to a new freer Malaysia," N Surendran, human rights lawyer and PKR vice president, told Malaysia Chronicle.

Electoral reforms ignored

While he promised to review the law forbidding Malaysians to assemble in public, agreeing to allow freedom of assembly according to international norms, seasoned human rights activists said Malaysia has long been a signatory to the United Nations human rights declarations and still flouted the prescribed standards. What guarantee that Najib - known for his flip flops - would keep to his word?

"He should have declared the abolition of the requirement of a permit for such assemblies," said Surendran.

Najib was also ominously silent on the electoral reforms demanded by the July 9 Bersih 2.0 rally.

Already, a Parliamentary Select Committee for election reforms that he set up last month has run into trouble after a heady start, much like Thursday night's glitzy show. Najib soon made clear there were limits as to what he would allow, prompting rebuke all round and a threat by the Pakatan to boycott the PSC.

"This is the core of democracy - the right to vote and to be sure your vote is properly accounted. The current system is so corrupt and skewed it is a mockery of our fundamental democratic rights," said Tian.
"I cannot believe Najib could completely ignore electoral reforms. he could have at least renewed his promise to ensure that the electoral roll is cleaned up before he calls for snap polls."
The announcements
In his Malaysia Day eve address televised live on prime time TV, Najib had promised to revoke the ISA and the thre Emergency laws once Parliament begins on October 3. Other changes he announced included:

*Government to table motion in parliament to repeal all 3 Proclamations of Emergency currently in force so that Malaysians can move forward
*Internal Security Act to be repealed; replaced with anti-terrorism laws limiting detention without trial; no one to be arrested for their political ideology
*Banishment Act 1959 to be abolished; Restricted Residence Act 1933 to be reviewed
*Printing Presses and Publications Act 1984, that requires yearly renewal of publishing licence by media companies, will be abolished
*The law forbidding assembly in public places will be reviewed to allow freedom of assembly according to international norms

Najib also said that new laws would be enacted to protect the peace, harmony and security of the country.
MORE TO COME

After 54 years independence, Malaysia still sufferring in the middle income trap

By Dr Chen Man Hin, DAP life advisor

There is not much to celebrate after 54 years of independence, as Malaysia is still caught in a middle income trap, where 60% of our households are living below the poverty line of RM3000 per month.

In the past few weeks, PM Najib made some moves calculated to impress the people that the economy is resurging and well on the way to full recovery.

The first plan was to announce that FDIs (foreign direct investments) inflow was spectacular. He admitted that the FDI dropped to a low of US$1.5 billion in 2009 but in 2010 it had rebounded by over 500 per cent to US$9 billion. It looks impressive, but the increase was large only because it rebounded from a very low baseline.

However, the US$9 billion was minuscule compared to a FDI of US$38 billion in 2010 for Singapore, US$15 billion for Indonesia and US$105 billion for China.

It is quite clear that Malaysia has a long way to go to convince that there are liberal incentives for foreign investors to park their money in Malaysia.

GLOBAL COMPETITIVENESS RANKING

Najib next strategy to give a better impression of his government was to announce that Malaysia had its Global Competitiveness Ranking rise to 21 in 2011 – 2012 from 26 the year before 2010 – 2011. this is nothing new, as Malaysia’s ranking had been hovering between 21 to 26 during the past four years.

However, looking at the performance rankings of Malaysia it is indeed surprising that better performing economies like New Zealand, South Korea, China could be lower in competitiveness.

Besides Malaysia’s corruption perceptions index stands at 56 way below the standing of S. Korea, or New Zealand. Corruption is so rife in this country that is hurting every aspect of the economy, big or small.

ECONOMIC TRANSFORMATION PROGRAM

This is the program designed to stimulate the economy with super-gigantic projects in a desperate effort to stimulate the economy after the havoc wrought by the New Economic Policy. Najib tried to introduce a liberal strategy to the ETP by removing the bumi quota on all new investments whether foreign or local. This was gunned down by PERKASA which insisted that the bumi equity quota stay.

Hampered by the bumi quota ruling, foreign investments are still wary about investing in Malaysia. Hence the much lower FDIs to Malaysia compared to other countries like Singapore, Hong Kong and Indonesia. Najib is pouring hundreds of billions to stimulate the economy, in the same way that Tun Mahathir did during his tenure as Prime Minister (1982 – 2002).

All to no avail, as World Bank tabulated a chart which showed that Malaysia’s economy slowed down considerably after 1971 when the NEP was implemented, while other economics like Singapore, Hong Kong, Taiwan and S. Korea boomed.

PER CAPITA INCOME

After 1971, the Tiger economies of Singapore, Hong Kong, Taiwan and S. Korea zoomed upwards while Malaysia’s PCI stagnated. the following figures are explanatory.
Country PER CAPITA INCOMES (US$) WORLD BANK RANKING (2010)
MALAYSIA 8,519 47
SINGAPORE 43,324 12
HONG KONG 31,877 19
SOUTH KOREA 20,757 26
CHINA PR 4,393 74
JAPAN 43,161 13

At independence, Malaya had the second highest per capita income, after Japan. These are frank stark figures from World Bank. It depicts just how sorry the Malaysian economy has lagged behind other countries in Asia. Malaysia’s economy was dragged down by the NEP.

Secret of the success of the tiger economies of Singapore, Hong Kong, S. Korea and Taiwan. All these countries practise a market economy and they have a global outlook.

The solution for Malaysia is to be liberal and to be global. If Malaysia keeps the NEP and refuses to embrace globalism, then Malaysia will forever stay as a middle income economy. Most of Malaysian households will stay poor.