Interesting read on the monarchy

Although the book ‘Ampun Tuanku’ can be critical, it does so in a constructive manner with an underlying theme that suggests the monarchy has a role to play in Malaysian society and with greater thought and wisdom, this role can be a positive one.

Azmi Sharom, The Star

ZAID Ibrahim’s book Ampun Tuanku is a challenge. Not in the sense that it is a difficult read. On the contrary, it is a very easy book to go through because Zaid writes in a conversational style.

Perhaps a little too conversational as sometimes he sounds like an old dude repeating himself.

But that little gripe aside, considering the complexity of the topic, this is in no way a “heavy” work and is surprisingly accessible.

No, this latest book from Zaid is a challenge on two fronts. Firstly, it challenges many preconceptions as to the role of the monarchy in Malaysia. This is an intellectual challenge and it is personal to the reader.

The second challenge is to the nation as a whole.

Dealing as it does with the touchy subject of Malaysia’s royalty and their role in a constitutional government, it would be interesting to see whether there is sufficient maturity in our populace to take the book as what it is, a thoughtful, legally argued and respectful analysis of one of the oddest (some would say unique) institutions in the world.

In the light of how this country seems to be so anti-intellectual, where decisions are made by policy makers founded on base instinctual responses as opposed to intellectual rigour, it would be interesting to see if Ampun Tuanku will evoke the Neanderthal reaction we have come to expect in Malaysia when people are faced with ideas they disagree with.

That, however, is a problem for another day. The purpose of this article is to examine some of the arguments made by Zaid.

It ought to be pointed out here that the book is at pains to maintain a respect for the institution of the monarchy.

It is critical at times but it is all done strictly within the confines of the idea that we live in a constitutional monarchy and there is never any hint that this should change.

On a general level, Zaid explores the legal limits of the monarchy as well as the leadership role that it can play in a society that is multi-ethnic and multi-religious.

In this way, although the book can be critical, it does so in a constructive manner with an underlying theme that suggests the monarchy has a role to play in Malaysian society and with greater thought and wisdom, this role can be a positive one.

For me, the most interesting issue that he raises is the discretionary powers of the Sultan or the Yang di-Pertuan Agong. A brief perusal of the Federal Constitution will reveal that there are actually very few situations where the royals have any real power.

Almost all of their decisions are to be made under advice of the Government.

“Under advice” in the context of our Constitution means that they must follow what the Government tells them to do.

One of the few seemingly absolute discretions that they appear to have is the appointment of the Prime Minister (at Federal level) and the Mentri Besar (at the state level).

I have always thought this power was pretty clear and the only limitation is that the King or the Sultan makes his choice based on his perception as to which individual will have the confidence of the House.

Zaid goes further than this and he contends that the decision made by the Yang di-Pertuan Agong or the Sultan cannot be based solely on his prerogative and his idea as to who will hold the confidence of the House, but must be based on what the members of the House themselves say.

In other words, if one group has the clear majority and they have selected a leader among themselves, then the ruler has no choice but to pick that individual to be either the PM or the MB.

Zaid argues that the only time when the Yang di-Pertuan Agong or Sultan can use his own judgment is when there is a situation of a hung Parliament or state legislature. Anything else would make a mockery of the democratic system which we uphold.

Like I said, he challenges perceptions for his view is subtly different from the one I have held for many years, and I must admit that there is coherence to his argument.

He does this throughout the book and it must be said that it is timely.

Our current political situation is different from anything we have faced before.

The upcoming elections may see a Parliament and the various state legislatures looking like something we are not used to, with majorities being razor thin.

It is even more important, therefore, that everyone, royal and commoner alike, understands thoroughly the powers and the limitations of the powers of the Yang di-Pertuan Agong and Sultan as their role then becomes crucial to the democratic nature and future of the nation.

Do the rich and royal truly care about Malaysian politics?

Dina Zaman writes to find answers. Sometimes she doesn't. If she's not spending too much money on books, it's household items. She would like everyone to be happy.
JULY 12 — It would seem that they are skittish, and prefer to either side with the current government or act as fence sitters. There are the “different” royals who have articulate and intelligent opinions — Tunku Abidin Muhriz of Negri Sembilan, Raja Nazrin Shah of Perak, the Sultan of Kelantan Sultan Muhammad V Tengku Muhammad Faris Petra, who is fast gaining a reputation as a people’s Sultan. However, these are the very few. The wealthy and corporate types shun publicity or speak only on businesses issues. Politics is an anomaly to them.

At one of The Malaysian Insider’s closed-door forums, a professional — Malay, educated, and soft-spoken — approached me at the door. He was deeply concerned about Malaysia, and he was horrified by what he reads and sees.

The neo-Malays of 2012 were not the Malays he grew up with and looked up to. You must write about this, how we Malays have lost our way, he said. He is what others would call a pragmatic nationalist.

“There is a way,” he said, and looked up at the uproar inside the venue where the forum was all hammer and tongs.

“You have to get the royals into the political picture.”

I stared at him. Malaysian royals are not favourites of the public, I reminded him. Their excesses disgust many, and almost everyone remembers their Malayan history. Most Malaysians seem bitter at how the royals of yesteryears sold their souls to the colonials, at the expense of the people.

The new generation of royals are admired for very little: their wealth, even more so if earned by merit and sheer industry; their titles and lifestyles, by social climbers and business opportunists.

“Er,” I said, holding a bowl of taco chips dip, “I suppose they are popular among our artis-artis.”

He disagreed. There are hundreds if not thousands of extended family royals who are politically aware, and who have their own opinions on how the country should be run. These are people who work for a living and do not benefit from the perks of the royals close to the apex of the aristocracy.

“They may not be termed as strictly ‘royals’ close to the Sultan, but of royal blood they still are! And they too are probably more concerned about the state of the monarchy and how it should be conducted. They should be lumped together as the rakyat.”

He smiled.

There was Tunku Aziz of the DAP (who has since resigned). Of course, Tunku Abdul Rahman. Yes, yes, I said. Ah. Tengku Razaleigh Hamzah.

“You forget. Who represents the Malays of the country? The royals. The Sultans. At the end of the day, even the basest of Malays look up somewhat to their Sultan. Apa lagi we all ada? Our maruah? What?”

He continued: “I believe the Sultans, no doubt a symbol of Malay heritage and history, should be a Sultan of and for everyone, of every creed and of every political leaning. HOWEVER, what is happening is that they are too comfortable sleeping with the powers-that-be, relying on their relationships with the government to get projects, to support their lifestyle that they forget that they should be a Sultan of/for everyone.

“They forget that 51 per cent of the population voted for the opposition and why are the representatives of these people not part of governance like in England? Does the Sultan need to get permission from the MB to meet another politician who is not from BN? Why? Why are the Sultans not practising fairness, openness and approachable to all and sundry? Why shouldn’t they meet politicians from Pakatan?

“The royals should not worry about their status in the country. The Constitution will protect them. The state takes care of them. What they need to do is meet with politicians who are influencers, and talk. The Sultan can act as a role of the mediator. Politics haschanged. The power equation too.”

I reminded him again that the Sultan may act only as a head of his people and religion of his state. The government and opposition may approach him on matters, but what power does HRH have? “He may not have much (power) but he sure can make life difficult for people who have crossed him.”

“Does the ‘Daulat’ still exist?” I asked. I too was curious. I grew up in Terengganu hearing about people being booted out of the state, buang negeri because of a royal’s wrath. Was this true, because this would be good for my research?

He smiled, and left the event.

You know, when it rains, it pours. That week itself, I was thrust into society. I had my Dominick Dunne moment. I exaggerate. I had only two dinners. However it’s not always a writer gets an airing, so I went along with the ride.

At a discreet European restaurant, dinner is being served to a family.

These are men who do not depend on government contracts for their sustenance, and can afford to look at the country’s politics with a cool eye. These men, whose names would escape the average Malaysian’s mind, thrive on their anonymity and make sure that they and their families exist below society’s radar.

If you meet them, you would probably assume that these men are successful professionals who have raised well-brought up families. It is only those who are very clued on in the business world who would know who they are.

Their wives are attractive and clever, but again, like their spouses, do not flaunt their presence in society magazines. Their children would put yours to shame. Again, mercurial and successful. However, there is a difference between them and you.

Their friends own their own jets. The women discreetly keep the ailing retail scene afloat in Malaysia, and their children who tend to work in finance, deal with hundreds of millions. US dollars and euros, mind you. Ringgit Malaysia is just paper.

They have been observing Bersih and local politics keenly, albeit in a detached manner. Their response is as measured as they.

They like Lim Guan Eng and Khalid Ibrahim. These politicians are, at the end of the day, businessmen, and for hardened men like them, it is easier to deal with a corporate mindset than a politician. You see, running a country is like running a company. And our politicians fail at simple economics.

And in their world, honour is held in high esteem. Which is why they hold Tuan Guru Nik Aziz of PAS on the same level as triads and gangsters.

“PAS honour their word. Just like gangsters. Many Chinese businessmen like working with PAS, because they never go back on their promises and are direct.”

“DAP too. The young in DAP have sharp minds.”

What about Barisan and PKR?

The men are silent. One of them pats his mouth with a linen napkin, as he finishes a meal.

“Hmmm,” he says. There are good people in BN (“Saifuddin fellow. He’s good.”) and Pakatan, but he feels that their good intentions may be blocked by gatekeepers. The two parties give them a headache. They are too messy.

Anwar Ibrahim?

A long silence.

But the international business community like him, I ventured.

“This talk about his… sexual proclivities… we don’t care. What we do remember is when he was in power, and that is a discussion that won’t be disclosed. We read The Malaysian Insider, God only knows what will come out.”

There is public resentment. Malaysians are fed up, plain and simply put. While the rakyat calls for people power and civil society, they may have to swallow the fact that (perhaps) in Malaysia, they will have to persuade the business community and yes, the royals, that a change is needed.

Likewise, with our silent rich and royals: they too have no choice but to concede that to do business in Malaysia, and to rule it, changes need to happen.

High society and politics. What an interesting potion they are.

* Dina Zaman is an API Senior Fellow 2012-2013 and her research is on saints and their impact on Malaysia, which is part of her column Holy Men, Holy Women that is currently on hiatus, as she pursues research. She is a weary nomad.

* The views expressed here are the personal opinion of the columnist.

Anwar Confident of Opposition Coalition

By Shibani Mahtani - The Wall Street Journal

Opposition leader Anwar Ibrahim insists that Malaysia’s opposition has a “cohesive program and agenda” that will keep the coalition together even when he is retired from politics.

“It is no longer just about personality politics,” Mr. Anwar said in a phone interview from Kuala Lumpur. “Even without me, party lines are broad. There is a consensus among the party lines and civil society.”

Malaysian leaders and analysts have spent the past week debating the future of Mr. Anwar’s political career, after the veteran politician said in an interview with the Financial Times newspaper that he would focus on academia should his opposition coalition fail to win at the next general election. Members of the ruling Barisan National coalition have insisted that Mr. Anwar is merely posturing to win sympathy votes, while his supporters say it is a reminder of how high stakes are at the poll box.

Last week’s comments were the first time Mr. Anwar has explicitly stated he intends to retire after the next election, though many analysts have widely predicted that his age – 65 – would prevent him from contesting the country’s top post again. The months following Mr. Anwar’s acquittal in January has seen bitter political debate in Malaysia over issues like homosexual rights, the country’s relationship with Israel and the opposition’s conduct during the Bersih rally in April – what analysts say is a sign of the fierce battle for the country’s top leadership spot that is unlike previous election campaigns.

“We have endured [imprisonment, harassment] and at my age, I’ve done my level best for the next elections,” said Mr. Anwar. “I am confident that we will make it this time, but in the event that we do fail it is time for me to pursue the academic line.”

Since his acquittal on sodomy charges in January, political analysts have maintained that Malaysia’s next general election – which must be called by early next year – will be the most competitive the Southeast Asian nation has seen. And they have said early on that this would be Mr. Anwar’s last chance at becoming prime minister.

The opposition leader, who has been widely credited as a charismatic, skilled orator who is able to bring competing factions together, says he isn’t worried about finding a successor – though he declined to name who it will be.

“I am glad people focus on me, but the program and agenda went on even when I was in solitary confinement,” he said. “There is a team of successful leaders from academics, professionals and social activists who… are capable leaders.”

Others within Mr. Anwar’s Pakatan Rakyat opposition coalition though believe that the opposition leader is best placed to hold the coalition of varied interests together – made up of the Islamist Pan-Malaysian Islamic Party, the Democratic Action Party and his own Parti Keadilan Rakyat.

“I feel that either way,” even without a win at the next election, “he should stay on course,” said Rafizi Ramli, strategy director for Mr. Anwar’s PKR.

“The reform agenda is a lot bigger than who is prime minister… [but] the best person to be at the helm of Paktan Rakyat, to lead us to get rid of the ruling BN, is still Anwar Ibrahim at least for this term and the next.”

Despite his acquittal from a second string of sodomy charges, Mr. Anwar may still face an uphill legal task in the months between now and Malaysia’s next general election – which he predicts will be after the months of Ramadan and the Hajj pilgrimage period, at the end of the year or in early 2013. He faces charges of violating a court order at the Bersih rally in April, an allegation he denies. Malaysia’s Attorney-General’s Chambers have also appealed against his acquittal in January.

The opposition leader said he is not worried by the appeal or the fresh charges, and “expects sanity to prevail.”

Celine Fernandez contributed to this article

Is Petronas an ungrateful child of Malaysia?

From Anas Alam Faizli, via e-mail

In early June Petronas hinted publicly at the World Gas Conference that they are tired of being the Malaysian government’s cash cow. They said no to fuel subsidy and last year they said they wanted to pay less dividends! Is Petronas ungrateful? The money belongs to the rakyat anyway and hence the government.

While many have attempted to comment on the sustainability of Petronas’ payouts, this article aims to give some insights into the realities of the local oil & gas industry, and why returning all oil harvests back to Malaysians may not benefit them in the longer run.

In 1974, Petronas, fully owned by the government of Malaysia, was established and given full ownership and control of our Petroleum reserves. Today, it has evolved into a fully integrated oil and gas multinational corporation, ranked among FORTUNE 500’s largest and most profitable oil and gas corporations with a total workforce of more than 30,000.

Many will credit Tun Abdul Razak and Tengku Razaleigh Hamzah as the founding fathers of Petronas. They have established solid foundations and values with which, the successive leadership and managements such as Tan Sri Azizan, Tan Sri Hassan Marican, and now, CEO Shamsul Azhar, were able to continue to uphold and flourish the corporation to its current stature.

These foundations have also made Petronas’ presence visible in more than 30 countries worldwide, that it is now dubbed the new “seven sisters”, a term originally coined by Italian businessmen Enrico Mattei, to refer to the likes of Exxon Mobil, Chevron, BP and Royal Dutch Shell.

Question 1: Is Malaysia too dependent on Petronas and its petroleum reserves for its economic survival?

Naturally, Petronas’ disbursements contribute a lion’s share to the growth and development of Malaysia. Let’s see the numbers. Since Petronas’ inception in 1974, it has been paying the Malaysian government a total of RM 529 .0 billion in dividends, taxes, petroleum proceeds and export duties. On top of that it has also been paying subsidies to TNB, IPPs and non-power parties a total of RM 136.5 billion since 1997. (Source: Petronas Annual Report 2011)

For the past five years since its Financial Year (FY) 2007, Petronas has been paying the Malaysian government about RM 61.0 billion each year, on average. Dividends alone, averaged 53.0% of Petronas’ annual profits, and are higher than the average of 38.0% paid by national oil companies around the world to their respective governments. Total monies disbursed to the government constitute an average of 41.0% of the Malaysian government’s total revenues.

This doesn’t end here, the Malaysian government has also utilised Petronas for various bail- outs, such was the case for Bank Bumiputera, RM 2.5 billion in 1985 and another billion in 1991. Through MISC in 1997, Petronas also bailed out Konsortium Perkapalan Berhad (KPB), which was facing losses to the tune of RM 2.0 billion at the time.

Not surprisingly, Petronas footed a few infrastructure bills too, including the RM 6.0 billion to construct the Petronas Twin Towers and RM 22.0 billion to complete the majestic Putrajaya.

Question 2: Is Malaysia drying Up?

We all know fossil fuel is non-renewable and finite. Malaysian oil production registered the highest output at about 650,000 barrels per day (bpd) in 1994, persistently declining thereafter. 2002 saw a slight uptick but production trends have been back in the decline for the past three years, currently registering only about 600,000 barrels per day. For gas, based on projects already online, Malaysia’s domestic current gas production stands at 6.1 billion scfd. This is forecasted to decline to 1.5 billion scfd by 2025.

This is consistent with the world oil production growth trend, which was flat from 2005 to 2009. Journal of Energy Security (2008) has frighteningly concluded that there is limited potential to increase production of both gas and especially oil.

Saudi Aramco, the biggest oil and gas operator in Saudi, admitted that its mature fields are now declining at a distressing rate of 8.0% per year. According to an International Energy Agency (IEA) report (2007), based on 800 oilfields surveyed, global supply sees production decline to 6.7% a year.

Remaining untapped Malaysian oil and gas reserves are also not as abundant as before. What previously were just parcels of marginal oil fields are now “opportunities” we scurry to put our foot onto. If I haven’t painted a gloomy enough picture, productions from the existing oilfields in Malaysia are either near its peak, or are already declining.

The oil and gas reserves left available for development are more difficult to be developed as the reserves are either marginal, (typically less attractive economically) or are located deepwater, representing more technological challenges. Studies have also shown that in Malaysia, not even vastly increased investment in exploration and production can ensure increased output, especially in mature petroleum regions.

Between 1974 and 1978, a total of 40 exploration wells were drilled, resulting in the discovery of 1,580 million barrels of oil equivalent (mmboe), adding to our oil and gas reserves. However, between 2004 and 2008, a total of 140 wells were drilled (that is 3.5 times more wells), but this only resulted in the discovery of 1,050 mmboe!

The current average recovery factor from producing fields in Malaysia is at 33.0%. This number can be improved, and we can get more from the ground, but it will require expensive technology.

What does this mean? Well, for one thing, more complex and expensive technology will be required to increase production of oil and gas from marginal fields and deepwater offshore areas, i.e. Petronas needs to have deeper pockets.

Question 3: How much cash do we need to sustain the business?

It is estimated that in 2012, the global oil and gas industry will register a total capital expenditure of more than RM3.0 trillion. According to Pemandu, future growth in upstream Malaysian oil and gas will come from initiatives such as Enhanced Oil Recovery (EOR) methods, “innovative” approaches to the development of marginal fields and intensification of exploration activities undertaken by oil and gas operators in Malaysia and also the exploration of deepwater discoveries.

As nice and dandy as this may sound, this is extremely costly and operators like Petronas Carigali will need the cash to finance these initiatives. Petronas has largely attempted to mitigate this by emerging on the international scene, expanding its operations into 30 other countries. This is a strategic move; a result of foresight on the part of management, and possibly the government, in addressing concerns over the “mortality” of Malaysian oil wells.

At the same conference, CEO and MD, Datuk Shamsul also argued that now is the time to acquire cheap overseas stakes to supplement the depleting production. This too, needs cash. In fact, Petronas needs about RM 300 billion in the next five years in capital investment, as it has announced last year. Some might argue that this cash can easily be borrowed through sukuk and bonds issuances but building a sturdy cash reserve should be priority too.

Question 4: Is our local oil and gas services industry at its full potential?

A rough estimate would show that at least RM 1.0 trillion has been spent for the Malaysian oil and gas industry, as capital expenditure for development over the past 38 years. How much of this capital has cascaded down the value chain locally? One indicator is that there are about 25 oil and gas companies listed (based on the Industrial Classification Benchmark) on Bursa Malaysia with total revenues of RM73.0 billion.

As a comparison, Singapore, which is not an oil and gas producing nation, domiciles 31 oil and gas companies with revenues of RM 149.0 billion! Indeed, there have been visible, local oil and gas industry players like the Malaysian Marine Heavy Engineering (RM 9.0 billion market cap), and the recently merged SapuraKencana Petroleum (RM 11.0 billion market cap) who have emerged as regionally competitive fabrication and marine players.

But how do these look, compared to the amount of CAPEX that we have spent in developing our local oil and gas industry? Furthermore, how are they compared to other global players like Hyundai Heavy Engineering, Samsung Heavy Industries, Keppel Shipyard, Sembcorp Marine and McDermott to name a few?

To be fair, we have successfully groomed and developed local expertise in all sectors of oil and gas. This ranges from engineering, fabrication, offshore installation and commissioning, specialised equipments, skill labourers and the list goes on. Our local talent pool is also competitive globally and is working everywhere across the globe. Local engineering design houses like Ranhill Worley, RNZ Engineering and MMC O&G are also of international standards.

Another strategic parallel that deserves credit are attempts to grow our domestic oil and gas sector to transform Malaysia into an oil and gas hub. This means regionally and globally, players will come to Malaysia for their A to Z oil and gas needs. A project like RAPID is a good start to becoming that “hub”. Let us make Malaysia the Houston of Asia Pacific!

But, there are also other sectors within the industry which we can further develop our capabilities in; namely (1) equipments manufacturing and (2) oil & gas services. Local operators have always had to depend on imports of specialized equipments like turbo machineries (heavy generators and compressors), pumps, multiphase meters, electrical and instrument control equipments, super sized valves.

This is one area of opportunity for local manufacturers. From the oil & gas services perspective, we should also nurture and grow our local players to an extent that they can provide world class and value-added services at competitive rates; at par with the Schlumbergers and the Halliburtons of the world. When these are achieved, we can depend less on actual oil, and still have an oil & gas industry, even when our motherland herself has run dry.

Food for thought

Since last year, Petronas has been mulling over the idea to lower its annual dividends paid to the government through a new proposed dividend calculation format; using a percentage of profit instead of an absolute amount. This means Petronas pay less, if they make less that year. This idea has actually been supported by Former Prime Minister Tun Mahathir (one cannot help but think it is because the spending had been done in his days).

And recently, discussions at the World Gas Conference have openly questioned the legitimacy of subsidising gas. Fact remains that if we continue to depend heavily on Petronas, there is risk of stunting its full potential growth, as we reduce Petronas’ cash reserve. For the past five years, Petronas has been spending on average 28.5% as CAPEX from its free cash flow (FCF). In contrast, Royal Dutch Shell, with among the highest reinvestment ratios in the world, reinvests a whopping 75.0% of its FCF, dwarfing that of Petronas’!

We depend on oil and gas income very much and it has become an indispensable instrument of the state, so much so that we cannot begin to imagine living without it. It goes without saying that efforts to reduce this dependency on this “ungrateful” child should be made. This is to not weigh him down to much at the expense of its growth, and more importantly to ensure Malaysia does not end up without a “retirement plan.”

So is Petronas ungrateful? Or are they simply trying to be the obedient child that is politely proposing a counter offer, for the betterment of this nation that it belongs to?

Anas Alam Faizli is currently serving an international oil and gas operator. He holds a Master’s degree in Project Management and is currently pursuing a doctorate in business administration. His research is in capital investment evaluation practices and decision making.

PM: Sedition Act to go

The New Straits Times 
by AZURA ABAS AND ILI LIYANA MOKHTAR

FREEDOM OF SPEECH ASSURED: New National Harmony Act to help strengthen unity

KUALA LUMPUR: THE government has decided to abolish the Sedition Act 1948 and replace it with the National Harmony Act, Prime Minister Datuk Seri Najib Razak said last night.

The decision was made as the government wanted to find a mechanism that could best balance the need for freedom of speech with the provisions stipulated in the Federal Constitution, he said.

He added that the new act would address the complex diversity that existed in the country.

“With this new act, we will be better equipped to manage our national fault lines. It will also help strengthen national cohesion by protecting national unity and nurturing religious harmony,” he said at the Attorney-General’s Chambers dinner here.

Without an ideal balance, Najib said, the freedom of speech assured under the Federal Constitution would likely be inhibited, thus restricting creativity and innovation and releasing the spirit of chauvinism and extremism.

“In an open society today, where education and socio-economic levels are higher and expectations are higher, where people have access to the information superhighway which could cause information overload, a balance needs to be achieved.

“The new provisions proposed under the National Harmony Act will emphasise the nurturing of the spirit of harmony and mutual respect among Malaysians of various races and religions.”

Najib added that the provisions under the act reflected the government’s commitment to protect all religions and races from the irresponsible actions of certain quarters.

“This new act will be more specific in nature and will enable us to act against those who harp on sensitive issues to create disunity and instability.

“Actions such as these will be regarded as crimes against the people of Malaysia,” he said.

Najib said “as citizens of Malaysia, we must be of the attitude that if there is any race or religion being condemned, every Malaysian should feel the pain and defend each other”.

“I am not saying our efforts will always run smoothly or we will always find success,  but it will be a mistake not to have the moral courage and political commitment to get started just because the journey is difficult.

“We have a responsibility to future generations to let them  inherit a better Malaysia.”

Najib said the government was aware of the perception that the Sedition Act inhibited actions.

Although such an assumption was not justified,  there was a need to eliminate the perception, he said.

“These new provisions will not prevent people from criticising the government and the administration of justice. Any act of contempt of court will be handled by the judiciary through the provisions provided for in court.”

He said the act would not set aside three key principles: upholding the monarchy, maintaining unity and the people’s rights.

He also pointed out it was necessary to stop any attempt to create animosity among the  people.

The prime minister also called on the public to give their views.

“I remember the viewpoint of British prominent philosopher John Loke who said ‘the end of law is not to abolish or restrain, but to preserve and enlarge freedom’.”

He said the A-G’s Chambers had been assigned to compile the views of all stakeholders.

On April 15, when tabling the Security Offences Bill (Special Measures) in the Dewan Rakyat, Najib announced that the government would be reviewing the Sedition Act.

Najib had said one must tackle any attempt to question the people’s rights as provided for under Article 151, 153 and 181 of the Federal Constitution.

Debates Will Not Solve Indian Community Issues - Murugesan

KUALA LUMPUR, July 11 (Bernama) -- The MIC is not keen on any debate at this point in time, as it would neither solve an issue nor benefit the Indian community, said party secretary-general Datuk S. Murugesan.

He said, what the Indian community currently expected was more beneficial and concrete action to uplift their living standard, and less talk from their leaders.

"All these debates might sound exciting but how it will help the man in the street is still debatable," he said here today.

Furthermore, he said, the party felt there was no point in engaging in debates with Indian opposition leaders who did not even command support from the Indian community, or represent the voice of the majority.

"Neither DAP nor PKR are Indian majority parties although they have Indian MPs (members of parliament) and assemblymen. These MPs and assemblymen have no voice within their own parties," added Murugesan.

He was asked to comment if there was a need for debates on Indian issues involving certain parties and non-governmental organisations.

A warning from 1848

James Logan was visionary, back in the 19th century. Long before anyone had heard of climate change, he was already warning of the perils of a “war with nature” and its impact on the ecological balance.
This article from Himanshu Bhatt of theSun:
A warning from 1848
Posted on 11 July 2012 – 09:37pm
Himanshu Bhatt
WHILE controversy boils over the devastation of some of Penang island’s precious green hills by development projects, few are aware that warnings about this issue were sounded more than 160 years back.
The respected British lawyer and ethnologist, James Richardson Logan, had raised the alarm about the denudation of the ecologically rich forests and slopes while the island was still a relatively virgin frontier that was being explored and cleared by the early settlers.
What Logan expressed then must ring true as a forewarning for generations to come, especially those of us who today watch our hills being cleared for profit.
Logan’s views, published in the Journal of the Indian Archipelago and Eastern Asia in 1848, were highlighted by blogger Anil Netto in November 2009.
Here is what the journal, which Logan edited, said:
“It was remarked that the whole of the eastern front of the range [of a mountain in Pinang] has within a few years been denuded of its forest…. In Singapore the present zealous Governor has, in an enlightened spirit … absolutely prohibited the further destruction of forests on the summits of hills…. Climate concerns the whole community and its protection from injury is one of the duties of Government…
“Unless government will reserve at least the steeper mountain tracts, which are not adapted for permanent culture, there is nothing voluntary in the apprehension, for it has been realised in other localities, that in some prolonged drought after the naked sides of the hills have been exposed for a few weeks to the direct heat of the sun, every stream in the island will be dried up, and universal aridity ensue.”
“The great extent to which the plain of the mainland of Pinang has been shorn of its forest would of itself produce an urgent necessity for a stop being at once put to a war with nature, which must entail severe calamaties on the future.”
The journal further noted: “In those mountains of Greece which have been deprived of their forests, the springs have disappeared. In other parts of the globe, the same consequence has followed. The sultry atmosphere and dreadful droughts of the Cape de Verde Islands are owing to the destruction of forests….”
It added: “We are informed that the destruction of jungles on the mountains of Pinang has been allowed to proceed unchecked for the last 2 years. If any of the residents will bring it to the notice of the Governor we are sure from our knowledge of his opinions, with respect to the necessity of preserving hill jungle, that he will not only make an order on the subject, but what is essential, provide means for carrying it into effect.”
A memorial in his name – the Logan Memorial – today stands in front of the Penang court complex in Light Street.
As activists and the public today react with horror at the scale of hillslope clearing for new projects, the Penang Island Municipal Council recently declassified minutes of council meetings that involved approvals for hillslope projects above 250 ft.
The state administration has said that it was the previous government that approved 37 hillslope projects above the 250 ft limit from 1985 to 2008. Of these, 19 were classified as “special projects” under the Penang Structure Plan 2007.
The present government insists it cannot cancel the approved projects, without facing enormous compensation costs to the developers, and so has resorted to imposing highly stringent building guidelines.
Whatever may be the case, at the end of the day, we as a society may have to be blamed for allowing the warning from our predecessors a century ago to be forgotten. If it was not for the British colonial administration gazetting much of Penang’s hills as water catchments, our hills would have been cleared for construction projects, perhaps as in Hong Kong, a long time ago.
There may still be time to heed Logan’s warning of “a war with nature” and ensure that we never again allow any unscrupulous developer or authority to contribute to “severe calamaties on the future” that he foretold so many years ago.
Himanshu is theSun’s Penang bureau chief. Comments: letters@thesundaily.com

Old or new, a myth remains a myth

by Parthiban Muniandy

In 1977, the brilliant Syed Hussein Alatas published one of the most important sociological works on Malayan and Malaysian social history, the Myth of the Lazy Native.

The book came around the same period as that of Orientalism by Edward Said, which captured the imaginations of scholars and activists engaged in the field known as post-colonial theory.

Few would argue against the fact that Orientalism deserves its place as one of the foundational texts of postcolonial studies.

Said's book was about the narratives, discourses and depictions of non-Western cultures produced by colonial experts and ‘explorers'- journals, scientific explorations, travellers, writers, novelists and so on.

These narratives served to project Western European ideologies about the cultures and people of the Middle-East, often as static, unchanging, and pre-modern.

The purpose, Said explains, was not to produce accurate or grounded accounts of those cultures, but to emphasise the importance of the modern colonial project and the virtues of European civilisation.

In other words, to redefine and clarify what it means to be European, by writing about ‘Others' seen as different and non-European.

Syed Hussein's Myth of the Lazy Native, though surprisingly not as recognised as Orientalism, in many ways parallels the arguments Said put forth, except now in the specific case of South-East Asia.

Myths have always been an integral part to the nation-building project; people have relied upon symbols and narratives that aim to capture a sense of collective identity and history that communities and their leaders can espouse to.

In our case, for example, these may include ancient Hindu-Sanskrit mythologies in the form of epics, and that of Hang Tuah.

However, there are also myths created in another sense - myth about those deemed to be different from us.

Myths about races and ethnic groups abound in Malaysian society and these are rooted in the racial ideology that was introduced by our former British masters.

Syed Hussein describes how the reluctance and disinterest shown by local indigenous people to participate in the colonial labour enterprises was used against them by the British as a sign of indolence and laziness.

The historical descriptions are detailed and complex, but the underlying principle is beautifully simple - there was never a need for local natives of Malaya to participate in the colonial industries and labour, as they already had their own ways of life and systems of economic production.

However, since colonialism by definition was about indentured servitude to fuel imperial desires and European Civilisation, the need for indentured labour power drove the British to use the perceived laziness of the natives to draft in other migrant workers, primarily Chinese and Indians.

The excuses that were used included constructions of myths about these migrant groups, usually as a broad comparison to the natives; the Chinese were deemed industrious, hardworking but cunning, while the Indians compliant but prone to aggression and violence.

Each group was placed in separate and distinct sectors, with divisions maintained at every turn.

It is not hard to see how this led inevitably to the racial myths we depend upon even till this day.

This is the three-headed Cerberus of Malaysia, the source of ethnic politics that exploded in 1969, and continues to define the contours of political struggle today.

Do we not still hold some form of broad general beliefs about the different races in our country?

Many of these ideological beliefs have brought about very real consequences- think of the Hindraf movement in recent years, in which a large group of enfeebled and marginalised minorities are seeking redistributive justice from the British crown for ultimately being the root of their status as second class citizens.

In fact, the very idea that citizenship privileges in Malaysia are based upon racial differences is a result of the perpetuation of old myths about difference.

It is those mythical differences that we are hopefully trying to move beyond with the politics of today.

Parties, in power and in opposition, are starting to realise that race-based discourses are increasingly obsolete and cannot be sustained, despite the presence of some hyper-conservative groups.

Voting citizens are more aware that in order to ensure better representation of their needs and interests, solidarity has to be built and sustained across racial, gender, religious and class differences.

We must contend and come face to face with those myths that we have grown so used to and admit to ourselves that we have been wrong in assuming such stereotypes to be true- that some ‘groups' of people are inherently polite or rude, rowdy or well-mannered, violent or deceitful, lazy or hard-working.

It is the same as myths about women and Asians being bad drivers, or Arabs being prone to terrorism, or Islam being inherently undemocratic- all ideological shorthand to justify discrimination, bigotry and prejudice.

Yet, while I do believe many of us are starting to move beyond racial myths ingrained in our society, in their place we are replacing new, more concerning myths that have worrying echoes of colonialism.

Having seen a mass influx of labour migration in the past decade, Malaysia is now home to a far more diverse and heterogenous polity.

We are understandably confused and sometimes threatened by a sense of loss; loss of what used to look and feel familiar.

Some of us may feel that things (society, culture, values, and people) have become more fragmented and intensely connected at the same time.

David Harvey calls this time-space compression under post-modernity.

While this is debatable, one thing may hold true for Malaysian society.

We have most definitely been seeing the rise of new myths about new migrant communities in our midst- the perception, in general, that ‘they are here to take our jobs and money' is most common, but so are more subtle and insidious myths about different migrant workers.

We think of some as being a major reason for increasing crime rates (unskilled/low skilled male migrant workers from South Asia, Africa and the Middle East) despite actual crime statistics pointing in the opposite direction (migrant workers make up almost a third of our labour force, but only 2 percent of crimes are committed by them).

We think of others as somehow less than human and therefore not entitled to the same basic rights and protections (female domestic workers, whom we call ‘maids', are not even deemed worthy of getting a single day off per week and are expected to stay indoors preferably with no outside contact).

The proliferation of such myths may be a signal of the threat we feel to our own status as citizens, by the sense that we need to have someone to blame for an increasingly uncertain and turbulent global world.

On the other hand, it may also be that ingrained ideology that some people will always be inferior to us that has long been a foundational belief in our national culture which is rearing its head in new ways.

Whichever it is, we have to be critically aware that we do not perpetuate new myths in order to replace the old ones, risking the possibility of having a Malaysian nation that is truly humane, just and worth defending.

Merdeka is for all M'sians, not for one party

By Vinod Naidu Munikrishnayya

I refer to the newly launched Merdeka theme "promises fulfilled" launched over the weekend.

An independence day celebration is a day to appreciate the progress of our beloved nation and along with the ups and downs that we have undergone ever since 1957.

This day is to be celebrated and cherished by each and every Malaysia across the political and race divide.

Having a political party's theme as the independence day theme does not do it justice.

[Premier Najib Abdul Razak has been on the election trail on the 'Jelajah Janti Ditepati' (Promises Fulfilled Tour) in recent weeks.]

I don't think we want to see only a portion of Malaysians celebrating it. This is not the anniversary of the existence of a political party but of a nation, do not mix it with politics.

Keep those political party themes for your party events and campaign, leave independence day alone.

All previous themes from ‘Muhibah dan Perpaduan', ‘Bersatu Maju, 'Bersatu Menuju Wawasan' until ‘Perpaduan Teras Kejayaan' helped reignite the patriotism within each one of us.

Political themes will not remind us of our independence struggle and to some might, even ignite hatred.

I sincerely request that national day themes current and in future, to be for all Malaysians and not for a political party.

'Rectify injustices felt by Indian M'sians'

Muslims of Uttar Pradesh trying hard to foil over Hindus for establishing an Islamic supremacy.

Gaziabad under Islamic Flame

Wretched condition of Uttar Pradesh Hindus under Samjwadi Govt led by Akhilesh Singh, Mulla Mulayam Singh and Azam Khan.

Ghaziabad, Uttar Pradesh : One Hindu killed, 25 injured in communal clash between Hindu & Muslims.

One Hindu killed in Gaziabad. Hindus protested with dead body in Local Police Station.

Ghaziabad: Monday, July 09, 2012 :: At least one person was killed and 25 others injured in a clash which broke out between two communities after a minor road rage incident in Farukh Nagar town near here.

All the injured were admitted to Narendra Mohan hospital and further probe was on, said Superintendent of Police Ghaziabad City, Shiv Shankar Yadav.

Last evening, a biker Viresh Tyagi was returning home when he hit a child in the Farukh Nagar area of Sahibabad. After the incident Viresh also allegedly thrashed some people who entered into argument with him, said inspector and station officer of Sahibabad police station, Ramnath Singh Yadav.
In an alleged act of revenge, today morning, Vipin Tyagi, younger brother of Viresh, was shot dead allegedly by a group of men belonging to another community while he was passing through the area, the SP said.

Following the incident, a group of people gathered in the area and started pelting stones and also opened fired.

In the ensuing clash about 25 persons were injured.

A case was registered in Sahibabad police station and additional police force was deployed to control the situation, Yadav said.
Senior Superintendent of Police Prashant Kumar and District Magistrate Aparna Uapdhaya visited the spot. Report: PTI.

Not only that. After the Kosi Kalan Tragedy (in Mathura District, U.P.), the Muslim perpetrators are finding scope everywhere to harm the Hindus by hook or crook.

It is now reported that one ancient Temple at Paper Mill Colony  at Nishatgunj near Lucknow were destroyed by the anti Hindu force for which hundreds of  Akhil Bhratiya Hindu Mahasabha members protested in Nishatgunj and also demonstrated in front upper house of Uttar Pradesh Assembly (Vidhan Parisad) for a demand to reconstruct the temple very quickly. The temple was demolished by one Arif  Builders with a political support as reports came in.

Briefing to the press, Sri Piyush Kanta Barma expressed the agony of Hindus of Uttar Pradesh under the pro Muslim Akhilesh Singh Govt for the last few months. Sri Barma said that 100 shops were burnt in Kosi Kalan and 2 Hindus were murdered by the Muslim conspirators to fuel the  extinguishing riot situation there.

In Pratapgarh, a Hindu girl was rapped by some Muslim anti socials some days ago.

With a clear help from Samajwadi Circle, the Muslims of Uttar Pradesh are twisting their arms to take some revenge against the Babri demolition most probably. Hindu’s lands are being snatched in many districts for Muslim real estate business as per reports.

The Akhilesh Govt. is pampering the Haj Pilgrimage to appease the Muslim voters for which Muslims take undue advantages with fake and fraud motives for Haj Subsidy.

Only to appease the Muslim communal forces under the dictum of the Azam Khan (Minister of Minority Affairs, Govt. of UP), the Akhilesh Govt stealthily processing a dead lock for Ram Mandir construction at Ayodhya and imposed  a restriction upon the Shiva Kawar Yatra of Shravan (religious procession) so that the processioners do not carry any traditional lathi (stick) or trishul (small trident) which are the essential symbols Shiva Kawar Yatra.

Reports are also coming in for the renewed arrangements of cow slaughter in the coming event of Bakar-Eid as a morale boosting for the Jihadi Muslims in UP.

Predominantly, Muslims are trying to capture Uttar Pradesh (IS BJP’s recent success in the recent Municipal election telling some new hopes?) with a political privilege. Hindus are thrashed many ways which must fetch a strong Hindu retaliation as the veterans opine.

Video of cleric “molesting” woman on bus prompts anger online

An amateur video that appears to show an Islamic cleric inappropriately touching a woman on a bus is causing outrage among Iranian Internet users. Our Observer, a young Iranian woman, says such behaviour is common and recounts her own story of being sexually harassed by a member of the clergy.

While it is unclear what is going on in the first minute of the video, below, it becomes apparent toward the end of it that an Islamic cleric is rubbing his fingers through his cloak on a woman standing next to him. The woman’s face is not visible, and it is unclear whether this attention is unwanted. According to the video’s description on YouTube, this scene was filmed on a bus in the northeastern city of Masshad; our Iranian Observers confirm that the people heard talking in the background with an accent from that region.

The original video has been deleted, but it has been reposted on YouTube, on social media networks and on Persian-language websites. The video has prompted many angry comments from Internet users, who accuse clerics of taking advantage of their position of authority, often referring to them as “mullahs,” which is often used as a derogatory term in Iran.
Contributors
http://www.youtube.com/watch?v=7gDgCaRqz6A&feature=player_embedded
Shila
“A mullah called me to his office and told me that if I didn’t have sex with him, he would not allow me to pass his course”
Shila (not her real name), 26, is a university student.

In Iran, there are many scandals involving mullahs, who should be God’s men and exert strong self-control. [One example, in 2008, was the much-publicised scandal surrounding a married cleric who was caught on video committing adultery.] Instead, however, they are known as lecherous perverts, who do whatever they want and often take part in short-term marriages - sometimes for only an hour - which is basically prostitution but is accepted under Islamic law. [In Iran, Muslim clergy are allowed to engage in sexual activities within the confines of marriage]. They are also known to harass women in public, including in the subway or on busses, especially young girls who may not dare complain. And if they do complain, the police will of course side with the mullahs. That’s why young women do their best to avoid them.

When I was studying for my bachelor’s in Tehran, many courses were taught by mullahs. One of them called me to his office and told me that if I didn’t have sex with him, he would not allow me to pass his course. I said no, and he gave me a 9,50 out of 20 – just under the passing mark of 10. I went to his office again and said okay, sir, what do I need to do to pass? He proposed a short-term marriage during which we could have sex, which I refused. He then proposed another sex act, and so I tried to negotiate. Finally he accepted a kiss and touching me somewhere on my body in exchange for half a mark. He touched my hip in a rude manner, and I said I felt uncomfortable kissing in his office, and proposed we meet in my car or his car later. I left and never came back. About a month later he called me and said I had behaved sinfully. This made me very angry, so I threatened him, telling him my family was very protective of me. He never called me again, and gave me a passing mark. I heard many similar stories from other female students.

I believe that mullahs, many of whom come from poor families in rural areas, become sex-crazed when they enter religious schools during their adolescence. They have little contact with women, and all day long talk about Islamic rules regarding sex. So when they become mullahs, even though they’re allowed to marry, some of them abuse their newfound power to satisfy their cravings.

India politician to call for crackdown on anti-Islam Facebook, Twitter posts

India’s Muslims angered over school book showing the Prophet, online users anti-Islam attacks.

NEW DELHI: An Indian political leader has said he will push Prime Minister Manmohan Singh to bolster policing of social media sites such as Facebook and Twitter to crackdown on “offensive” postings on the sites.

Samajwadi Party chief Mulayam Singh Yadav on Tuesday said that he would raise the question of “anti-Islamic” material with the PM push for stricter laws against posting such “objectionable material on social networking sites.”

“Mulayam Singh has said that he will talk to Prime Minister over the issue of anti-Islam obscene material on Facebook and ask him to frame a strict law to prevent it,” said a statement from the ruling Samajwadi party in Uttar Pradesh.

The issue would also be raised in Parliament, the statement added.

He also requested the Uttar Pradesh chief minister “look into the matter and use his clout to check anti-Islam activity on Facebook,” the statement said.

His push comes after the country’s Muslim population became angered over the recent portrayal of Prophet Mohamed in a primary school book. Muslims are demanding the text be barred from schools and have called on the government to intervene.

The result saw a number of online users post other pictures and statements on Facebook and Twitter the Muslim community deemed inappropriate and defaming to Islam.

“Islam prohibits pictorial representation of Prophet Muhammad,” Md Burhanuddin, president of Pangal Students Organization (PSO), told Daily News & Analysis on Monday.

The book for kindergarten students in the northeastern state of Manipur portrays a bearded man said to be the Prophet wearing turban and holding a book-like object.

One page of the book also carries pictures of the Prophet along with five other gods.

Though it was not prescribed by the Manipur government, the book is used at a number of private schools, OnIslam.net reported.

The controversial book, Prime General Knowledge, is published by Prime Publications and printed at Sangai Offset Printers in Imphal.

Once published, protests erupted in Manipur demanding withdrawal of the book and punishing the publishers and the author.

The protests were led by PSO as well as Manipur unit of Popular Front of India (PFI), who burnt copies of the book.

The PFI has demanded an immediate ban of the book.

The PSO said it would ban all books of Prime Publications if it failed to visit its office and apologize by Monday.

“They have made a grave mistake,” PSO advisor H Rahman said.

“But adopting violent means against them will be against Islam. We want them to come to us and apologize.”

BM

Cops stomped on injured girl during Bersih rally, Suhakam inquiry told

A skirmish breaks out between rally-goers and police at the Bersih rally on April 28, 2012. — file pic

KUALA LUMPUR, July 11 — A policeman stomped on the chest of an injured teenaged girl during the chaotic April 28 Bersih rally in the capital city, the Human Rights Commission of Malaysia (Suhakam) heard today, as more witnesses stepped forward to detail their harrowing encounters with the authorities.

Businessman Kumar Suppiah, the third witness in today’s inquiry, told a three-man panel that he was seeking shelter at a bank near City Hall on Jalan Raja Laut after police had fired tear gas canisters into the crowd when he bumped into a teenaged girl, whose hand he suspected was broken.

He related how he and some 10 other people had helped to wrap the girl’s hand in a towel before alerting several policemen nearby to get further medical treatment for the injured teen who was screaming in pain.

One of the policemen had promised to call for an ambulance to take the girl to hospital, Kumar told the panel, but another police team that arrived on the scene suddenly started assaulting civilians, including the injured girl.

“I saw him (the policeman) stomp on the girl’s chest. I was pushed into the glass panel in the ATM (automated teller machines) area. They then dragged me out and started beating us,” Kumar recounted.

He added that the policemen also hurled expletives at them and did not stop until ordered to by another police officer.

“Then I saw the ambulance come and take away the girl whose neck was bandaged,” Kumar said.

Another witness, Arshad Abbas, a former Measat Broadcast Network Systems Sdn Bhd (Astro) customer service agent said a policeman attacked him verbally with the words “accursed being” when he asked the police the reason why they were so rough on the demonstrators.

“I wanted to know [why] the police were using violence and a policeman in blue uniform called me an ‘accursed being’ and told me I was stopping him from doing his duties,” Arshad said.

He also claimed he saw the same policeman who had shouted at him, pushing and pulling an elderly Chinese man dressed in a green T-shirt by the collar while trying to arrest him.

“I saw the same cop abusing the Chinese man who may have been an innocent bystander,” he said.

Arshad also alleged that the police brutality continued when he was also beaten by the police and accused of being Pakatan Rakyat leader, Datuk Seri Anwar Ibrahim’s pimp.

“A policeman accused me of being Anwar’s pimp. I was also called an idiot and that I caused too many problems for the policemen,” he said.

The inquiry is aimed at determining whether any violations of human rights were committed against any person or party during and after the gathering.

The inquiry panel led by Suhakam vice-chairman Datuk Dr Khaw Lake Tee and aided by commissioners Professor Datuk Dr Mahmood Zuhdi Abdul Majid and Detta Samen will be interviewing some 22 witnesses over a period of 22 days.

To date, six witnesses have testified before observers from the Malaysian Bar, police and several other independent monitors.

The inquiry continues on July 16.

Don’t jump the gun, Surendran told

A MIC leader tells the PKR vice-president not to blame MIC over the threat made against the latter even before the police concludes its investigation.

PETALING JAYA: PKR vice-president N Surendran should allow the police to investigate the threat made against him before accusing MIC of having a hand in it.

“As a lawyer, Surendran should not have jumped the gun and he should not just assume things,” said MIC welfare and social bureau deputy chairman R Ramanan.

Yesterday, Surendran lodged a report with the Travers police station after he received a text message saying that his face would be splashed with acid.

The PKR leader alleged that MIC was behind the threat as the former was critical of the party.

“MIC is furious with my comment about them. I am sure that MIC is behind the threats, like how they attacked us in Putrajaya. This is an act of gangsterism,” Surendran had said.

Ramanan said he was concerned over the threat made against Surendran and urged the police to conduct a thorough investigation.

He added the threat should not deter the PKR leader from performing his duties.

But on the same note, he said Surendran should not play the role of judge, jury and executioner before the police concluded their investigation.

“If the investigation proves that it was a MIC member, then the person should be charged in court.

“But if the investigation proves otherwise, then Surendran must be taken to task for making a false report and issuing defamatory statements against the party,” he added.

Read more: http://www.freemalaysiatoday.com/category/nation/2012/07/11/dont-jump-the-gun-surendran-told/#ixzz20LJ8FuGB

Matriculation offer: Probe reason for rejection

A DAP leader wants to know the reasons behind a sizeable number of Indian students turning down the offer.

GEORGE TOWN: DAP Senator S Ramakrishnan has called on the relevant parties to probe the reasons behind 586 of the 1,539 Indian students rejecting the matriculation offer.

He said an indepth study would reveal the actual reasons why only 943 students or 61.27% accepted the offer.

The DAP man was puzzled that while Indian students waited to be enrolled in matriculation colleges, which was an assured path to public universities, a sizeable number rejected the offer.

He said it indicated that the Indian community was economically diverse and any help for target groups must be identified and not generalised.

Ramakrishnan urged politicians and Indian-based NGOs to find out whether the students rejected the matriculation offer because they had better alternatives, which then would not be a loss to the community.

But he noted that if the rejection was on the ground of being offered different courses than the ones they applied for or because they would face food problems or difficulties in adjusting being a religious minority, then the matter could be taken up to the relevant ministry.

However, he did not rule out the possibility that Indian students were spoilt and pampered that they would only enroll in a nearby matriculation college and anything else would be “a big no.”

“I hope there can be an open discussion on these matters in forums, the media or online to identify the real reasons behind the rejection,” he said.

Was it an election gimmick?

Deputy Education Minister Wee Ka Siong told Dewan Negara on Monday that of the 4,512 Indian students who applied for the 2012/2013 intake, 1,539 or 34.11% were offered seats in the 13 matriculation colleges.

Some 1,000 students were offered in the first intake with registration on May 28 while the balance 539 students were offered in the second intake with registration on June 13.

However, only 943 or 61.27% Indian students enrolled in the colleges.

An appeal period between April 25 and May 13 was given to rejected students, during which 34,456 students, including 9,527 non-Malays, appealed.

On July 27, Deputy Prime Minister and Education Minister Muhyiddin Yasin announced another one-off offer to 557 Indian students to fill the vacant Indian quota.

Offer letters have been sent out and students will have to register on July 18.

Malacca, Negeri Sembilan, Penang, Perlis, Labuan, Perak and Selangor have a college each while Johor, Kedah and Pahang have two each.

The 13 matriculation colleges enrolled a total of 26,700 students to study in their science and accounting streams per year.

Meanwhile, Ramakrishnan called on Muhyiddin to explain whether the over 1,500 matriculation offers were one-off offers as an election gesture.

“Hopefully, the Umno government does not exploit the community’s weakness,” he said.

Read more: http://www.freemalaysiatoday.com/category/nation/2012/07/11/matriculation-offer-probe-reason-for-rejection/#ixzz20LIcQKfm

Sodomy 2: Appeal focuses on DNA evidence

The prosecution has delivered a copy of its petition to Anwar’s team.

KUALA LUMPUR: Justice Mohamad Zabidin Mohd Diah failed to consider the absence of evidence that semen samples were tampered with when he acquitted Anwar Ibrahim of sodomy, the prosecution claims in its appeal against the acquittal.

A copy of the petition of appeal, signed by senior deputy public prosecutor Noorin Badaruddin, was served on the opposition leader’s lawyers late yesterday.

Anwar was acquitted last Jan 9 of the charge of sodomising his former aide Mohd Saiful Bukhari Azlan at the Desa Damansara condominium on June 26, 2008.

Noorin said it was wrong for the high court to conclude that the integrity of samples collected from Saiful had been compromised because there was no way for the investigation officer to tamper with them.

She said the court did not establish how investigation officer Blacious Judy Pereira had obtained the samples and how the results of DNA testing on them were compared with DNA profiles obtained from samples collected from the lock-up where Anwar was kept overnight.

The judge failed to consider “in total” how the samples were “collected, handled and analysed”, she added.

Noorin referred to the two chemists called by the prosecution, Dr Seah Lee Hong and Nor Aidora Saedon, saying their testimonies were based on detailed analyses carried out at the Chemistry Department.

She said both chemists had considered “all the possibilities” raised by experts in ensuring that their findings on the DNA samples were conclusive.

She acknowledged Pereira’s testimony that he had cut open a plastic bag containing receptacles for the sample, but said there was no evidence to indicate that the receptacles were tampered with.

She noted that both Dr Seah and Nor Aidora testified to the receptacles being intact.

Judge misdirected himself

Noorin contended that Mohamad Zabidin misdirected himself when he took into consideration the evidence of DNA experts called by the defence without giving weight to expert views and medical literature provided by the prosecution.

She claimed that the testimonies of the defence experts were based on theories in DNA profiling that had not been established.

The judge failed to consider circumstantial evidence supporting Saiful’s testimony, she added.

In concluding the petition, Noorin says Mohd Zabidin wrongly placed on the prosecution the burden of establishing evidences rather that establishing its case beyond reasonable doubt.

In his written judgment, released on July 3, Mohamad Zabidin stated that the court could not be 100% certain of the integrity of semen samples taken from Saiful.

He said the samples could have been compromised before they reached the Chemistry Department for analysis.

Therefore, he concluded, it was not safe for the court to rely on the DNA results obtained by Dr Seah.

Read more: http://www.freemalaysiatoday.com/category/nation/2012/07/11/sodomy-2-appeal-focuses-on-dna-evidence/#ixzz20LIFmr00

Ambiga: Bersih about people power, not regime change

(The Malaysian Insider) - The Bersih electoral reform movement does not aim to topple the democratically-elected government but is focused solely on empowering voters, its chief Datuk Ambiga Sreenevasan has said.

Leaders from the ruling Barisan Nasional (BN) government, including Prime Minister Datuk Seri Najib Razak, have repeatedly painted Bersih’s third and most recent rally last April 28 as an attempt to oust its democratically-elected government, a charge Ambiga has denied just as frequently.

“What we want to see is a multi-party democracy where, every two or three years, the [leading] party will change,” the decorated lawyer and activist told British daily The Guardian in an interview published today.

“We’re not averse to Barisan coming back but if parties think they’re going to lose power, they behave a lot better.

“[This] is about power coming back to the people. It’s about us (the people) being in charge,” Ambiga was quoted adding.

Bersih has been lobbying the Najib administration to enforce electoral reforms, including cleaning the voter roll of dubious entries, before the next national polls due in nine months.

Putrajaya has pledged to undertake the reforms after last year’s massive July 9 rally garnered negative publicity for the Najib administration around the world, but the authorities have been accused of dragging their feet over their implementation, which the Election Commission (EC) said will take time.

Ambiga also accused the BN coalition of a relentlessly “demonising” the electoral watchdog, with the latest incident seeing anti-Bersih flyers bearing the Information, Communication and Culture Ministry’s official logo being distributed around the Klang Valley.

A social activist had alerted Bersih recently after finding one such flyer portraying supporters of the electoral reform movement as “pengacau” (rabble-rousers) despite two ongoing public inquiries into the chaotic April 28 rally in the capital city.

Orang Yang Paling Takut Saya Jadi Perdana Menteri Ialah Mahathir

Thugs at my doorstep

Ong Kian Ming - The Malaysian Insider

JULY 11 — At approx 4.45pm [yesterday] (July 10), three thugs, in their early to late twenties, tried to break into my house in Petaling Jaya.

Thankfully, they were unsuccessful. Thankfully, I am not hurt. I am immensely grateful at the outpouring of support shown by my friends and family. I am thankful to the police for their quick response in sending three squad cars to my house five minutes after I reported the incident and their follow up on this case.

Many are probably wondering why I think it was politically motivated rather than just a simple attempted break in. I cannot be 100 per cent sure that it was politically motivated but I’m quite sure of it. And here’s why:

The thugs came in a car and they parked directly in front of my house, which is about 200m from the community guard house. It is a simple and spartan double story terrace house. It is not a flashy house. I drive a Toyota Vios.

There are other houses along the same row with Mercedes-Benz and other nicer cars. Some of my neighbours were not at home. It would have been much easier to break into their homes instead of mine (not that I am recommending that they do this). Or a house that is more secluded. Or a house which seems to have more stuff to steal.

My car was in the driveway. The thugs must have considered the possibility that someone was at home. They broke the automatic gates, which create a huge noise, rather than scaling over the gate, which would have been easy to do and much more discreet.

I was in the living room when they broke the automatic gate. I got up immediately and shouted at them, screaming “Police! Police!” They didn’t even break their stride after I got up but kept on coming, which indicated to me that they knew I was at home.

They proceeded to try and kick the door down while I kept on shouting. If it was an opportunistic break in, they would have left knowing that there was someone at home.

They then left even though they could have kicked the door down. On the way out, one of them pointed his finger at me as if to give me a warning. He then used a screwdriver or some metal instrument to make a puncture in the bonnet of my car. If they had really wanted to break in even knowing that there was someone at home, they could have kicked the door down and easily overpowered me.

They were in and out of the place in less than three minutes. Not long enough for the police to come and catch them but long enough to send a message.

I don’t think it is a coincidence this happened a few days before a Bersih event in Malacca on Friday and three Bersih events in Kedah and Penang on Saturday and Sunday, at which I will be speaking. I don’t think it is a coincidence that Ambiga has been targeted as well as Wong Chin Huat.

I am no Ambiga or Chin Huat but I have been publishing a series of highly damaging articles regarding the many problems in the electoral roll that I know that the Election Commission, National Registration Department and even some members of the Cabinet have read and are aware of.

Initially, I said to a Malaysiakini reporter that I thought that this attempted break in could be due to my critique against MCA on the Talam issue, the Economic Transformation Programme (ETP) and other government policies.

After giving it some thought, I think that it is much more likely that it was due to my Bersih-related activities given the record of how thugs have been deployed to harass and intimidate various people related to the Bersih movement.

Regardless, I won’t allow this incident (if it was indeed an intimidation tactic) to cow me into fear or submission. I will continue to publish my findings on the problems with the electoral roll and share these findings with members of the public.

I will continue to write my critiques as a contributor to Refsa on the Economic Transformation Programme (ETP). I will continue to write political commentaries. I will continue to play my own very small part in trying to make this country a better place.

* Ong Kian Ming is an analyst for Research for Social Advancement (Refsa). The note above was originally posted on his Facebook page

‘ISA enhances political careers’

Malay Mail

THE ISA was abolished because it did not help the Barisan Nasional-led government politically, says Prime Minister Datuk Seri Najib Razak.

“If you put someone under ISA it doesn’t kill them politically, instead it enhances their political career,” he told civil servants in Putrajaya yesterday.

Without naming names, Najib gave the example of some ex-ISA detainees whose political profile he said skyrocketed after being detained.

The prime minister said this while delivering the keynote speech at a dialogue with civil servants by the Razak School of Government, reports Malaysiakini.

He said the Emergency Ordinance (EO) had to be done away with as technological improvements had rendered exile less than useful as a deterrent to crime.

“In the old days, it was easy, if someone was bad, we just catch him and send him to places like Pasir Puteh, or maybe Jerantut.

“But nowadays, it is useless as no matter how far you send them, with their cellphones, they can still do their work (commit crime).”

Najib said the police must now change the way they work. “Now police must train themselves how to look for evidence.”

He said instead of just catching suspects and chucking them into EO detention, police must now provide evidence to charge them in court, adding this was something he wanted the police to do well.

The EO was a preventive law that allowed detention without trial used by police to hold criminals with shaky evidence against them or for time-sensitive cases, though critics said this was misused by cops to just dump in suspects without even opening investigations.

Najib said the challenge to police was one faced by all civil servants as they faced a more competitive global environment and rising public expectations.

He said in the face of this, one important role for civil servants was to work to create wealth so that the extra bounty could then be distributed to the rakyat.

He said it was only the creation of new revenues via higher income tax revenues and from the Customs Department that allowed goodies like the BR1M and other payouts to the rakyat to take place.

The abolishment of the ISA, EO and redistribution of wealth to the rakyat via various handouts are cornerstones in the reforms touted by Najib, but critics had said the payments were just one-off goodies, while pointing that replacement laws were more draconian than the repealed ones.

National Harmony Act Replaces Sedition Act 1948 - Najib

KUALA LUMPUR, July 11 (Bernama) -- Prime Minister Datuk Seri Najib Tun Razak tonight announced that the Sedition Act 1948 will be repealed and replaced with a new act to be known as the National Harmony Act.

The decision to repeal the act was to find a mechanism that could ensure the best balance between the need to guarantee the freedom of speech for every citizen and the need to handle the complexity of plurality existing in the country, he said at the dinner of the Attorney-General's Chambers with the Prime Minister at the Kuala Lumpur Convention Centre here.

"With this new act we would be better equipped to manage our national fault lines. It will also help to strengthen national cohesion by protecting national unity and nurturing religious harmony," he said.

Also present were the Chief Secretary to the Government Datuk Seri Dr Ali Hamsa and Attorney-General Tan Sri Abdul Gani Patail.

Najib said that the absence of an ideal balance could suppress the freedom of speech which was guaranteed by the Federal Constitution, hinder one's creativity and innovativeness or promote the spirit of chauvinism and extremism.

He said the balance must be achieved in a more open social environment with access to information which could lead to information overflow, an increasing standard of education and socio-economy and rising expectation.

"The provisions proposed in the National Harmony Act will stress on inculcating the spirit of harmony and mutual respect in the Malaysian society made up of various races and religions," he said.

He said the new bill would be more specific in nature and would enable the government to act against anyone using sensitive issues to break up national solidarity.

The Prime Minister said the government would ensure that the provisions of the new act would not hinder the power to tackle acts that could cause hatred and humiliation or stoke the feelings of disloyalty to the Yang di-Pertuan Agong or any Ruler.

It also covered acts that could create enmity between the races and question whatever rights, positions, privileges, sovereignty or prerogative protected in the Constitution.

"Before formulating the National Harmony Bill, the government wants to invite views and opinions from Malaysians, whether individuals or organisations on matters that need to be addressed in drawing up the legislation.

"The Attorney-General's Chambers has been tasked as the agency responsible for getting the opinions of all stakeholders," he said.

Najib said the government was aware that there were groups who considered the Sedition Act as a tool to prevent action or views that were contradictory to the government's stand, but pointed out that this perception was totally unfounded.

"As such, the new provisions will not prevent the people from criticising the government and the administration of justice. Any act that is in contempt of court will be handled by the judiciary itself through the existing provisions in the existing Rules of Court," he said. Meanwhile, Najib also said the government decided to enforce immediately all new laws and amendments to the existing laws which were announced in the Political Transformation Plan including the Security Offences Act (Special Measures); Printing Presses and Publications Act; and the Universities and University Colleges Act.

"Through the abolition and formulation of the ongoing bills, the government wants to ensure that adequate democratic space is provided for differences of opinion and competing ideas.

"Basically, we want to create one Malaysia where the principles of human rights is upheld, the individual's liberty to express opinions openly is welcomed, and the interest of the individuals and the community is balanced," he said.

The Prime Minister also said that the Attorney-General's Chambers could be likened to a compass that showed the direction to ensure that the principles of the supremacy of the constitution and the rule of law were always upheld.

"I take great pride that the staff of the Attorney-General's Chambers have never been complacent with the adulation and praise accorded and never over-reacted to any allegation or slander made against the agency," he said.

31 arrested outside Pahang MB’s office (updated)

Update (3.30pm, 11 July): The detainees will be released on police bail. Little Edwina is delighted to be going home today, says Jehan. She is pictured here with Zela, a volunteer in the defence team.

Credit to the multi-ethnic legal defence team led by Pahang Bar Chairman Hon Kai Peng for a job well done.

Update (3.00pm, 11 July): A defence lawyer Jehan Bakar tweets to say the atmosphere in the courtroom is very casual now as the accused continue to wait. The detainees will finally be released on police bail.

Update (1.35pm, 11 July): Three more detainees – Muniamah, Revathy and Lattha – are taken to hospital. This is not looking good.

Update (1.15pm, 11 July): The detainees have now been brought into the court room. A group of people are protesting outside court, according to a tweet from Suaram.
Update (1.00pm, 11 July): Three detainees carry another detainee out of the lock-up area after she fainted. She has been sent to hospital.


The rest are being moved to Magistrates Court 1. One more detainee suffering from diabetes needs dressing for his wound. Medical personnel tend to him.

Two more detainees are feeling unwell and Dr Jeyakumar examines them. After much protest, the women detainees are taken to a more comfortable place.

Update (noon, 11 July): Suaram reports that lawers were told that police are waiting for a decision from the AG as the Kuantan DPP cannot decide. Meanwhile, Dr Jeyakumar Devaraj and a colleague are heading to meet the Pahang CPO to demand the release of the residents.
Update (11.30am, 11 July): 12 lawyers, four chambering lawyers and four attachment students are now on hand to assist the residents in court.

Update (10.30am, 11 July): The group could be charged under sec 90 of the Police Act for shouting indecencies. But the group maintains they only shouted “Hidup Rakyat!” A team of eight lawyers from the Kuantan Legal Aid Centre and other volunteers lawyers have come out to assist the residents’ defence.
Update (midnight, 10 July): The group is being remanded overnight and expected to be produced in the Kuantan Court tomorrow. (So much for transformasi!) About half a dozen lawyers are expected to be on the defence team.
Thirty one people from Cameron Highlands were detained outside the Pahang Mentri Besar’s office, where they had turned up to insist on an appointment.

They refused to leave when asked to disperse.
The group is now being held at the Kuantan District Police Headquarters. The 31 comprises 13 men, 12 women and six children.
Their problems range from lack of even temporary titles to the land they have been toiling on, to worries over landslides to issues related to applications for stalls.
PSM sources claimed the Pahang MB had said he would visit the villagers in Cameron Highlands to try and resolve their problem. But after two months, the residents had not succeeded in getting an appointment with him.
So they decided to go to the MB and insist on an appointment.
Meanwhile Bukit Jalil estate workers are asking for four acres for 41 families after staying at the estate for four generation. Prime Minister Najib agreed to meet three of their representatives today.
At the meeting, the PM said he needed more time to study the issue. The workers said they hope he had the political will to resolve the issue.