Whether you feel safe or not, the government deems that IGP Musa Hassan has done an ‘excellent’ job. – Bernama pic
By Syed Jaymal Zahiid
KUALA LUMPUR, Oct 20 - Deputy Home Minister Datuk Abu Seman Yusop told Parliament today that Inspector General of Police Tan Sri Musa Hassan’s contract was extended for another year because of his “excellent performance.”
But the DAP’s Lim Kit Siang, who had spearheaded a campaign to remove Musa, responded by calling the IGP “incompetent” because the country’s crime rate had soared in recent years.
Despite even government statistics showing the crime rate was high and a major public concern, Abu Seman defended the IGP and claimed the IGP had performed to expectations.
In his reply to Lim during Question Time in Parliament today, Abu Seman said that Musa, 57, and with 38 years experience as a police officer, had met all the Key Performance Indicators (KPIs) set by the Chief Secretary to the Government.
“His reappointment as IGP is also due to the fact that he has yet to realise his efforts to improve the police force under the five-year strategic plan that started in 2007 and is scheduled to end in 2011. This plan was his own initiative,” the deputy minister added.
Musa’s tenure as IGP was meant to end on Sept 13 this year but Prime Minister Datuk Seri Najib Razak had decided to extend his contract to another year, inviting scathing criticism from mainly opposition leaders who felt that Musa was unfit to lead the police force.
The previous Prime Minister and Home Minister Tun Abdullah Ahmad Badawi had revealed last year that serious crimes had increased by 13 per cent nationwide, with gang robbery without the use of firearms rising by more than 159 per cent.
Opposition leaders believe that Musa, as the IGP, should shoulder the blame for the steady rise in the crime rate.
“He is incompetent. A recent opinion poll conducted by the government itself showed that the public are sceptical of the police force’s ability to reduce crime,” Lim from the DAP said.
Anwar (centre) concedes that shortcomings in Pakatan contributed to the Bagan Pinang defeat. — Picture by Choo Choy May
KUALA LUMPUR, Oct 20 — Parti Keadilan Rakyat (PKR) advisor Datuk Seri Anwar Ibrahim today admitted to weaknesses in the Pakatan Rakyat coalition during the recent Bagan Pinang by-election in Negri Sembilan.
“Although the post-mortem at PAS-level (regarding Bagan Pinang) is not yet complete, our election directors have given their analysis on the by-election.
“We admit there were weakness and shortcomings in Pakatan Rakyat which will be improved and we will increase efforts to approach the people to give explanations,” he told a news conference after the Pakatan Rakyat’s supreme council meeting at his office in Parliament, here today.
In the Bagan Pinang by-election on Oct 11, Barisan Nasional (BN) candidate and former Negri Sembilan mentri besar Tan Sri Mohd Isa Samad won the seat with a majority of 5,435 votes, after garnering 8,013 votes compared to PAS candidate Zulkefly Omar who only obtained 2,578 votes.
The meeting today also discussed the issue between PKR leaders Datuk Zaid Ibrahim and PKR vice-president Mohamed Azmin Ali, with Anwar saying that there was no friction between the two leaders.
“We did discuss about Zaid Ibrahim (former Minister in the Prime Minister’s Department) and Mohamed Azmin Ali, but there are no problems between them,” he said, referring to the two individuals who were also present at the meeting.
Zaid had recently announced that he was taking six months leave effective last Friday after Anwar supposedly didn’t allow him to take part in the party’s programmes in Sabah.
Media reports also alleged that Zaid’s hopes to go to the state were not approved by Mohamed Azmin, who is also Sabah PKR chairman.
However, last Sunday, Zaid denied that he was taking leave from the party, but instead resting from PKR’s Political Bureau activities.
Regarding suggestions to register Pakatan Rakyat as a valid party, DAP Advisor and Ipoh Timur Member of Parliament Lim Kit Siang, who was also present, said they were still reviewing the matter.
“We are still discussing it and in principle we want to be registered. The Registrar of Societies (ROS) said according to current laws, we need seven parties to allow us to become a coalition and this is being studied,” he said. — Bernama
Lim Kit Siang [Ipoh Timur] minta Menteri Penerangan, Komunikasi, dan Kebudayaan menyatakan dalam jadual dari tahun 1994 sehingga 2009, berapakah kapasiti jalur lebar Internet Antarabangsa (International Internet Bandwidth) yang dipunyai oleh Malaysia mengikut syarikat yang memilikinya.
Jawapan :
Kapasiti jalur lebar Internet antarabangsa secara umumnya dimiliki oleh konsortium-konsortium anatarabangsa. Kapasiti antarabangsa ini disampaikan melalui 12 kabel dasar laut yang disambungkan melalui stesen-stesen pendaratan kabel di Malaysia. Telekom Malaysia (TM) selaku penyedia perkhidmatan Internet terbesar di Malaysia merupakan pengguna dan antara pemegang ekuiti utama di dalam konsortium terbabit.
Syarikat-syarikat lain sama ada tidak mempunyai sebarang pegangan, atau menpunyai pegangan yang amat kecil di dalam konsortium yang membekalkan kapasiti jalur lebar Internet antarabangsa.
Oleh yang demikian, kapasiti jalur lebar antarabangsa milik Malaysia secara umumnya diukur melalui kapasiti Internet antarabangsa yang dimiliki oleh TM mengikut tahun secara kumulatif adalah seperti berikut:
Telekom Malaysia (TM)
Tahun
Jumlah Kapasiti Antarabangsa (Mbps) (kumulatif)
1994-2004
-
2005
11,521
2006
16,328
2007
41,099
2008
64,121
2009
112,000
Nota: Pengumpulan data kapasiti jalur lebar antarabangsa hanya dibuat bermula 2005
Raj Rajaratnam, the British educated billionaire hedge fund manager arrested for alleged insider trading last week, has told his investors and employees that he is 'entirely innocent', according to a report on Bloomberg.
Raj Rajaratnam, founder of hedge fund Galleon, has been charged with insider trading
Mr Rajaratnam, who founded the hedge fund Galleon, which managed $7bn at its peak in 2008, was arrested with five alleged consiprators on October 16 in the largest ever hedge fund insider trading case
Prosecutors, who have built their case on recorded conversations with a web of alleged conspirators, allege that Mr Rajaratnam and Galleon reaped up to $25m by investing on tips from another hedge fund and a credit-rating firm.
"Raj Rajaratnam is not a master of the universe, but rather a master of the Rolodex," Robert Khuazmi, director of enforcement at the Securities and Exchange Commission, told a press conference on Friday.
The other alleged conspirators includes a managing director at Intel Corporation, a directors at McKinsey and a senior executive at IBM. The SEC complaint alleges Mr Rajaratnam and Galleon received tips on 10 companies, including Google and Intel.
Sri Lankan-born Mr Rajaratnam, 52, obtained a degree from the University of Sussex in England in 1980, according to the SEC, before going on to do an MBA in the United States.
He is worth $1.3bn, according to Forbes magazine, making him one of the world's 600 richest people.
Galleon, whose offices are in the IBM building on Madison Avenue, has already had investors seeking to withdraw $1.3bn of their money, according to the Wall Street Journal. Galleon also has offices in London, Singapore, Mumbai and California.
Mr Rajaratnam, who was released on a $100m bail, said in a "I am entirely innocent and will vigorously defend myself and our firm," Bloomberg reported, citing a letter written to employees and investors.
"As I move forward on my defence, I want to assure you that our commitment to our investors and employees will remain unwavering."
Investors in Galleon’s $350m technology fund, which is run by Mr Rajaratnam, can take their money out of the fund on a monthly basis.
Those in the firm’s other funds, including its largest, the $1.2bn Diversified fund, can take their money out every quarter with 45 days notice.
Raj Rajaratnam, founder of Galleon Group, a New York-based hedge fund, arrested for insider trading describes himself as a 'focused' man.
His favourite quote: "Only the paranoid survive." How he will survive now is however a million-dollar question.
He is among the six arrested in connection with the largest hedge fund insider-trading ever, which includes two Indian Americans and a Sri Lanka-born billionaire.
Besides the Tamil-origin Raj Rajaratnam, the two Indian Americans Rajiv Goel, director, strategic investments at Intel and Anil Kumar, a director at McKinsey were arrested in the $20 million hedge fund insider-trading case.
Jim Walden, Rajaratnam's attorney, said his client is innocent and will fight against the insider-trading charges. Rajaratnam has been released on a bail of $100 million. He has to limit his travel to a 110 mile radius of New York city and has surrendered his passports to the court.
If convicted all of them face imprisonment of up to 20 years, according to the indictment, which reads that the defendants "routinely received inside information directly or indirectly from insiders and provided it to each other for the purpose of trading based on the information.
Minting millions
Raj and his accomplices are alleged to have made millions by using inside information from people at companies like Intel, Moody's and McKinsey.
The FBI for the first time used court-authorised wire taps to make these arrests. The agency has transcripts of phone conversations between Rajaratnam and executives of Bear Stearns, IBM, Intel and McKinsey. Prosecutors also used recorded conversations with an unnamed individual who became a witness for the government.
Prosecutors said Rajaratnam used insider information to trade ahead of results announcements and big ticket deals of the companies. The trade included companies like Google, IBM, Sun Microsystems and Hilton group of hotels.
Danielle Chiesi from New York, Robert Moffat from Connecticut and Mark Kurland from New York were also arrested. Rajaratnam, Kurland, Chiesi, and others traded on material, non-public information given as tips by insiders and others at hedge funds, public companies, and investor relations firms -- including Intel, IBM, McKinsey, Moody's Investors Services Inc., Market Street Partners, Akamai Technologies, Inc. and Polycom Inc.
Rajaratnam, Chiesi, Kurland and others earned millions of dollars of illegal profits for themselves and the hedge funds with which they were affiliated.
One of the insiders, Kumar, profited from investments in Galleon. Goel, also an insider, received profitable trades in a personal account managed by Rajaratnam, the complaints said.
A billionaire hedge manager
Rajaratnam is estimated to have received $200m in 2007 from Galleon, making him one of the best-paid hedge fund managers in the world.
A self-made billionaire hedge fund manager, Rajaratnam is the 236th richest American according to Forbes magazine with an estimated net worth of $1.8 billion. He is the world's 559th richest man.
He is also the richest Sri Lankan in the world. As of 2009, his Diversified Fund has returned 22.3 per cent, outperforming the Nasdaq by 33 per cent.
Rajaratnam has been featured among the elite US money managers in a book called The New Investment Superstars: 13 Great Investors and their Strategies for Superior Returns by Lois Peltz.
His hedge fund is currently valued at $3.7 billion, down from its peak of $7 billion in 2008.
Raj Rajaratnam received a bachelor's degree in engineering from the University of Pennsylvania and MBA from the Wharton School.
TWO men were found dead in front of Desa Puteri Flats in Sri Petaling early this morning after they were attacked by a group of youths.
S. Chaudry, 32 was found sprawled along the road about 500 metres from the scene of the attack while B. Gunalan, 23 was found dead in a room, which belonged to his relative, at the flats nearby.
Police believe the incident occurred due to a misunderstanding between two groups of youths who were celebrating Deepavali.
The victims and three other friends were having drinks in front of the flats at 1am when the other group arrived on motorcycles.
It is believed the victims and their friends argued with the motorcyclists because of the noise created by their machines.
The motorcyclists left the scene and returned shortly after with two others and started attacking the victims and their friends with parang.
Police believe the victims and their friends had tried to flee the scene to seek help.
However, when police arrived at the scene, they found the body of Chaudry on the road. Blood trails led police to the room where Gunalan’s body was found.
Cheras police chief ACP Ahmad Amir Mohd Hashim said they arrested a 20-year-old, believed to have beeen involved in the incident. The police tracked the suspect from an abandoned motorcycle at the scene of the attack. Both bodies have been sent to Hospital UKM for post-mortems.
(with regards to the latter, take it from the former staffer: no hanky panky. get off it guys, come up with something newlah, boring edi).
Even the Pakatan guys seem to finally be sitting up and trying to look sharp. I’m heartened by today’s press conference, which shows at least some indication that the leadership no longer slumbers, and takes matters at hand seriously.
Maybe it’s just a post Bagan Pinang wave, and I’m sure there are plenty of reasons for BN not to call elections soon, but I think we should all be vigilant nonetheless for we will know not the hour nor the day.
KUALA LUMPUR, Oct 20 (Bernama) -- In a sign of more troubles within the MCA, embattled president Datuk Seri Ong Tee Keat today sacked the party's long-time legal affairs bureau chief Datuk Leong Tang Chong ahead of a crucial extraordinary meeting (EGM) to plug the leadership crisis in the party.
Yet again, Ong made the announcement in his blog, just as he did last week after the party's central committee (CC) meeting on Thursday to make known his directive to the MCA to hold the EGM to determine whether fresh polls should be called for the MCA leadership.
Leong, who is chairman of The Star Publications Bhd, declined comment.
"I don't want say anything, no comment, no comment, please," he said when contacted.
Ong did not say if he had a rift with Leong, who had been the party's legal chief for over two decades.
"Like most organisations, MCA is currently undergoing a review and reshuffle of party bureaus. New ones may be created and old ones refreshed or combined.
"As part of the management reshuffle in MCA, I have decided to carry out some changes to the party's bureaus. Today, Dato' Leong Tang Chong ceases to be the chief of the MCA Legal Bureau," Ong said.
Potential candidates had been shortlisted and Leong's replacement would be announced later, he added.
Ong said Leong had served the post for many years and thanked him for his contributions to the party.
"He has brought huge wealth of legal research to the legal bureau and many a time gave valuable legal advice to the CC," he added.
Ong lost a vote of confidence narrowly at MCA's Oct 10 EGM and is facing mounting calls to step down.
However, he did not quit at the Thursday meeting which elected vice-president Datuk Seri Liow Tiong Lai as deputy president to replace Datuk Seri Dr Chua Soi Lek.
Ong had said he was calling for another EGM because the outcome of the Oct 10 EGM was inconclusive and indicated that the grassroots were divided.
KUALA LUMPUR, Oct 20 (Bernama) -- All 191 Umno divisions have been ordered to hold briefings on the amendments to the party's constitution during its monthly information programme this month.
Umno information chief Datuk Ahmad Maslan said they should highlight the wishes of party president Datuk Seri Najib Tun Razak that Umno champion the people by putting the people's interest first.
The briefings can be done not only at talks but also through other activities at the divisional and branch level, he told reporters after holding a dialogue with 19 reporters from Bukit Tinggi, Padang, Indonesia at the PWTC here Tuesday.
He said state and divisional information chiefs can join forces to hold the briefing sessions during the monthly information programme.
"They should also delve on other pressing matters raised during the recent Umno general assembly," he said.
"So far 83 of 191 Umno divisions had conducted their monthly information programme, which was launched two months ago. We will check whether they had sent their reports," he said.
The programme, which was launched by Najib, will be gauged as part of the Key Performance Indicators (KPI) of the divisions by Umno supreme council.
KUALA LUMPUR, Oct 20 (Bernama) -- Deputy Prime Minister Tan Sri Muhyiddin Yassin said Umno will study the appropriateness of taking back Pasir Mas Member of Parliament, Datuk Ibrahim Ali, if he makes an application to return to the party.
"Everyone now wants to enter Umno be they those who left and want to return or new aspirants, so if that is their desire we will not deter.
"Whatever it is, it will be brought before the supreme council, the management will study if it is appropriate (to take back Ibrahim), would it be based on his earnestness and sincerity, based on his past record, his ways, we have to evaluate as everybody knows Ibrahim Ali, his political ways are rather 'special'," he told reporters at the Parliament lobby here Tuesday.
Muhyiddin, who is also Umno deputy president, stressed that the party will not make a hasty decision and would make one after much study.
However, he confirmed that Umno had not yet received any application from Ibrahim.
Asked if the "special" brand of Ibrahim's politicking could be used to strengthen Umno's position in Kelantan were he to be in the party, Muhyiddin said the matter would have to be studied.
"People say there are pros and cons. I think we will have an open mind in the matter as maybe he has come to a realisation that the effective party to struggle for the race and nation is Umno and that he has been secluded, that's my view.
"For the party when there are persons interested we will look at it on a case by case basis, not in general," he said.
Ibrahim, who is an independent MP, joined Umno in 1982 but was removed from the party when the old Umno was declared illegal.
He then joined Semangat 46 in 1989 and represented the party in the 1990 general election when he defended his Pasir Mas parliementary seat.
Ibrahim later resigned from positions in Semangat 46 in 1991 and rejoined Umno the same year before being sacked from the party after contesting as a independent candidate in the 2004 general election.
Thieves! Thieves! Believe it or not, a blogger friend who's going to break the story told me, someone high up in the government is trying to "transform" the National Heart Institute (IJN) into something different from its current form. This time it's not Sime Darby, the blogger told me.
The story's coming, in a couple of hours.
Updated 12:06, Wednesday 21/10/2009 Big Dog reports: "There is a fresh proposal to privatise the government facility. Management managed to obtain the full resolution of the BOD and full blessing of the Economic Planning Unit to do a Widespread Asset Unbundling (WAU) scheme to separate the operations within IJN and created new subsidiaries. WAU was first introduced by the Economic Adviser Tan Sri Nor Mohamad Yaackop for the asset restructuring of heavily geared Malaysia Airlines (MAS) and creation of Penerbangan Malaysian Bhd. as the SPV to undertake the holding and ownership of all MAS assets, especially aircrafts."
The demolition of KBP started after a character called Dato JK started to get involved, purportedly to help the KBP villagers. I used to wonder why this multimillionaire Dato was so interested in KBP that he drove down in hurry on the Friday just before Hari raya in that heavy traffic to have some meetings with the villagers. It all seemed too good to be true.
Now it seems to be turning out that he was the one who made it easier for LGE and his cronies to screw the KBP villagers.This Dato was just using the villagers to get himself the monorail project. I do not know what kind of deal he made with Prof Ramasamy and LGE during his individual discussions with LGE and Ramasamy - but here is the report of what he has now got in Penang.
The poor are always the pawn.
Read on... Seeralan
Penang monorail: the South African connection
The latest Edge weekly reports sources as saying that the Penang state government has given the green light to a low-profile businessman, Jeyakumar Varathan, to build and commission a RM70-million monorail test track on a 30-acre site in Batu Kawan.
The paper suggested that this could be a sign that the state is embarking on its own monorail plans and cited sources as saying that the groundbreaking for the project could be in December.
Jeyakumar’s consortium may first have to prove that its technology is viable before it can build a monorail network in Penang, the paper added.
Some questions arise:
How much is Jeyakumar paying for the 30-acre site in Batu Kawan?
Does the state government have a public transport masterplan and is a monorail part of it? First, it was the monorail and then subway, next it was the ‘aerorail’ – and now it’s back full circle to monorail?
What about other public transport options such as a bus rapid transit system and trams – which could be more cost effective? Have they been considered? How does Porr fit in?
Has the state government informed and briefed members of the Penang Transport Council? The perception is that its members are in the dark about this monorail thing. Why the secrecy?
Does Jeyakumar have a proven track record? Is the Penang state government aware of Jeyakumar’s attempts in South Africa? (See “Monorail king goes mum“.)
According to the US/Europe-based Institute of Transportation and Development Policy, on the very day of the bankruptcy of the Kuala Lumpur system (16 May 2006), Newcyc Vision announced a project commitment to build a 45-kilometre (28-mile) system in Johannesburg.
Read what the sustainable transport experts are saying. The same article points out that monorail systems create visual intrusions to the urban environment (how would this affect George Town’s appeal as a heritage city)? This should be enlightening reading:
South Africa
Despite the bankruptcy of the Kuala Lumpur system and the financial collapse of the Putrajaya project, the Malaysian monorail developers have attempted to develop new markets elsewhere. The most recent target has been South Africa. With South Africa’s hosting of the 2010 World Cup looming, a Malaysian consortium, known as Newcyc Vision, has targeted South African cities as a prime market.
In fact, on 16 May 2006, the very day of the bankruptcy of the Kuala Lumpur system, Newcyc Vision, announced a project commitment to build a 45-kilometre (28-mile) system in Johannesburg. The system would link Soweto directly with the central business district of Johannesburg. The estimated infrastructure cost of the system is R12 billion (US$1.7 billion), or US$38.1 million per kilometre.
While the exact financial arrangements on the Johannesburg project are unclear, it appears that the system developers will be awarded with land, property, and a ridership guarantee. As part of the deal, the consortium will be given public property in the central business district as well as along the corridor for development. Also, as is increasingly the case of many rail-based PPPs (Public-Private Partnerships), the developers will be guaranteed a minimum number of daily passengers. If that guaranteed ridership does not materialise, the South African government (i.e. South African taxpayers) will make up the difference. The costly Gautrain system, a previously approved rail system for the Johannesburg area, also provides a private consortium with rather generous ridership guarantees.
As in other cities, the Johannesburg project promoters have made some rather bold claims regarding the monorail system’s likely performance and ridership. At the initial press conferences to announce the project, the Province of Gauteng and Newcyc Vision claimed that the Johannesburg system would be able to carry 1.5 million passengers per day. Given that this amount is roughly equal to all public transport trips in the city, it was a bit difficult to believe this ridership could be achieved on a single corridor. Further, given that no monorail system is currently serving more than 5,000 passengers per peak hour per direction, increasing this by an order of magnitude in low-density South African conditions seems optimistic. However, if given ridership guarantees by the Government, then perhaps the system developers have no real concern regarding the actual performance.
The proposed monorail alignment will also largely duplicate the proposed Rea Vaya Bus Rapid Transit (BRT) project that has already been approved and is under planning in Johannesburg. The future of the Rea Vaya project may become somewhat doubtful if the monorail project proceeds.
Fortunately, the Johannesburg project announcement now appears to have been premature. Apparently, the project developers forgot to notify the Mayor of Johannesburg and the City Council, who have responsibility over public space in the city, as well as the National Minister of Transport, who holds responsibility over rail systems nationally. In an unprecedented move, the National Transport Minister Jeff Radebe was forced to make a press statement in which he noted that he had no prior knowledge to the project’s existence. The project has thus been retracted to the status of being “under review”.
Undeterred, though, by this initial setback, the Gauteng Provincial Government and Newcyc Vision have instead insisted that they will continue pursuing the project not only in Johannesburg but also other South African municipalities, including Tshwane (Pretoria) and Ekhuruleni. Hopefully, reason will prevail and the Gauteng projects will be forced to go through an open and transparent process in which there is full public financial disclosure and as well as a full comparative analysis with all other public transport options.
Conclusions
Monorail technology does hold many intriguing performance aspects as well as an image that can potentially be attractive to discretionary public transport users, and especially to car owners. While the Malaysian monorail systems have experienced financial difficulties, there is a glimmer of hope that these systems can evolve into well-performing and lower-cost services, as was originally envisioned.
However, that future is yet to arrive. To date, monorail technology has suffered from operational difficulties, negative press coverage, and a spate of bankruptcies. As technologies such as Bus Rapid Transit (BRT) have delivered quality services at rational costs to a long list of cities, including Bogotá, Brisbane, Curitiba, Guayaquil, Jakarta, Los Angeles, Ottawa, Paris, Rouen, and Seoul, monorails have achieved nowhere near the same record of implementation or performance.
It would perhaps be unfortunate if the unrealised promises of monorails deter actual public transport advancements in South Africa and elsewhere. Monorail developers dream of taking us back to the future, but the hard reality is that our world cities require quality public transport today.
"National legislation of Sri Lanka incorporating international human rights conventions, in particular the International Covenant on Civil and Political Rights, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and the Convention on the Rights of the Child, is not being effectively implemented. In the light of these findings, the Commission will now consider whether a temporary withdrawal of some or all of Sri Lanka's GSP+ benefits is called for and make a suitable proposal to EU Member States in the Council. If such a proposal is made and subsequently adopted by the Council, it would enter into force six months after the date of adoption," the European Commission said in the notice summarizing the Commission's findings on the Sri Lanka's GSP+ status released today.
Despite EU findings that Sri Lanka failed to meet several key human rights thresholds, TamilNet warns the Tamil community to be cautious in expecting a termination of GSP+ status to Sri Lanka. The EU's collective approach to confront Sri Lanka's human rights ills will only be clear after the Commission "considers whether to call for a temporary withdrawal of some or all of GSP+ benefits" and if the EU "adopts" the proposal of the Commission.
Text of the Notice issued by the EU Commission follows:
Sri Lanka has benefited from the European Union's Generalised System of Preferences special incentive arrangement for sustainable development and good governance (“GSP+”) since 2005. GSP+ provides additional tariff preferences – in the form of additional reductions or even elimination of import duties beyond those already provided in its standard GSP - for vulnerable developing countries which ratify and effectively implement certain core international conventions on human and labour rights, environmental protection and good governance.
The granting and maintenance of GSP+ benefits is conditional on the beneficiary countries fulfilling conditions for eligibility set out in Council Regulation (EC) No 732/2008 (the GSP Regulation). The regulation makes provision for the temporary withdrawal of some or all GSP+ benefits if national legislation no longer incorporates the relevant international conventions or if legislation is not effectively implemented. Where the Commission receives information that may justify such temporary withdrawal, the GSP Regulation provides for the Commission to undertake an investigation to clarify the situation and propose appropriate action.
In light of available information, the Commission determined that there were sufficient grounds to open an investigation into the effective implementation of certain human rights conventions by Sri Lanka on 14 October 2008. Sri Lanka continues to benefit from GSP+ preferences pending the conclusion of the investigation and was therefore included in the list of GSP+ beneficiary countries for 2009-11 subject to the outcome. The Commission completed its investigation and approved a report on its findings on 19 October 2009.
The Commission received and carefully examined submissions made by interested parties in response to a public notice, available reports, statements and information of the United Nations as well as other publicly available reports and information from relevant sources, including nongovernmental organisations. The Commission also requested an independent expert assessment of the effective implementation of the three conventions at issue. Finally, the Commission took into account the information provided by Sri Lanka in the framework of the parallel political dialogue.
The Commission's findings are that the national legislation of Sri Lanka incorporating international human rights conventions, in particular the International Covenant on Civil and Political Rights, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and the Convention on the Rights of the Child, is not being effectively implemented.
In the light of these findings, the Commission will now consider whether a temporary withdrawal of some or all of Sri Lanka's GSP+ benefits is called for and make a suitable proposal to EU Member States in the Council. If such a proposal is made and subsequently adopted by the Council, it would enter into force six months after the date of adoption.
Karzai is due to give his response to the commission's election fraud report on Tuesday [AFP]
Hamid Karzai, Afghanistan's president, is under pressure to accept a runoff vote after a UN-backed election watchdog recommended that nearly a third of ballots apparently cast in his favour be scrapped, diplomatic sources have told Al Jazeera.
The Electoral Complaints Commission (ECC) published the findings of its long-awaited investigation into voting fraud in Afganistan's elections on Monday.
The report, published on the ECC's website, called for ballots cast at 210 polling stations during the country's August 20 polls to be discarded.
James Bays, Al Jazeera's correspondent in Kabul, said sources had told him that as a result Karzai's share of the vote had been cut to below the crucial 50 per cent margin needed to avoid a runoff with Abdullah Abdullah, his main rival.
in video
Our correspondent said late night meetings had been held at the presidential palace in Kabul in the wake of the ECC report to discuss the president's response.
"I understand that key ambassadors are now meeting with the UN to discuss what is the next step, what is the way forward," he said.
Karzai, who had earlier proclaimed victory in the poll, is expected to give his reaction to the ECC's findings early on Tuesday.
The head of the ECC has said the results are binding, but it remains to be seen whether the Afghan-led Independent Election Commission (IEC) will accept the findings and order another poll.
'Step forward'
Fazel Sancharaki, Abdullah's campaign spokesman, welcomed the ECC's findings, saying: "This is a step forward."
But Waheed Omar, a spokesman for Karzai's campaign, dismissed claims that the ECC report meant a runoff would be necessary.
The ECC report has called for thousands of Karzai votes to be scrapped [AFP]
"I do not know how any diplomatic source can come out with a result out of what has been said today," he told Al Jazeera.
"We will keep our reaction reserved for when the final, certified results of the elections are announced [by the IEC] and that will be legally binding for us."
The IEC, the Afghan electoral body which organised the vote, is still to announce the official results, but the ECC's findings are seen as key to the outcome.
Hillary Clinton, the US secretary of state, said she expected an announcement from Karzai on Tuesday would lead to a quick solution to the election deadlock.
"I am going to let him do that but I am encouraged at the direction that the situation is moving," Clinton told reporters.
"I am very hopeful that we will see a resolution in line with the constitutional order in the next several days."
Commission concerns
Karzai's camp has already criticised the ECC and some fear that the Karzai-influenced election commission may refuse to call a runoff, further delaying formation of a government.
Speaking to Al Jazeera, Karzai spokesman Waheed Omar said that he was not aware of any dispute between the ECC and the IEC.
Soon after the ECC's findings were released, Britain hailed the report, saying the IEC should quickly "implement those orders" to invalidate thousands of ballots.
The US has said it is "incredibly important" for the world to see a legitimate Afghan government as soon as possible.
"It is now up to the Afghans to demonstrate they believe in that legitimacy as well," Robert Gibbs, the White House spokesman, said.
PJ Crowley, the US assistant secretary of state, told Al Jazeera: "We believe that the Afghan government should accept the results when they are released and should proceed with the process wherever those results lead.
"If Karzai and his main competitor, Abdullah Abdullah, can reach an agreement on a unity government, what we want to see ultimately is a legitimate government and a more effective government in Afghanistan that is willing and able to deliver services in support of its people.
The US has said resolving the deadlock is key to future troops deployments [GALLO/GETTY]
US election monitoring group Democracy International, which had some 60 observers in Afghanistan monitoring the ballot, also heralded the ECC's findings and called for a runoff vote as soon as possible.
"Democracy International ... believes the ECC audit decisions should result in a runoff election, according to Afghanistan's electoral law," the group said in a statement.
Glen Cowan, co-founder of democracy international, told Al Jazeera that election papers for a runoff were already in Kabul and a vote could be organised as early as November 5.
Preliminary results last month had showed Karzai winning the election with more than 54 per cent of the vote to Abdullah's 28 per cent, but allegations of massive fraud prompted the ECC investigation.
Many Afghans have expressed frustration with the almost two-month delay to the announcement of the country's election results.
'Credible and legitimate'
Hundreds of Karzai supporters protested in the south over the weekend, calling for the IEC to release the results quickly and saying they will reject a second round.
They gathered in the main street of the southeastern city of Spin Boldak on Sunday, shouting: "We want the result!" and "Karzai is our leader!"
The election deadlock has also complicated a major US review of its policy in Afghanistan, where it is fighting the Taliban.
The US is considering a request by General Stanley McChrystal, the top US and Nato ground commander, to commit an extra 40,000 troops in order to step up its operations there.
But Rahm Emanuel, the chief of staff to the US president, has suggested that the US may not commit more troops to Afghanistan until a "credible and legitimate" government is in place.
Speaking on CBS talk show Face The Nation on Sunday, Emanuel said the overriding question was not "how many troops you send, but do you have a credible Afghan partner".
By Asrul Hadi Abdullah Sani - The Malaysian Insider
KUALA LUMPUR, Oct 20 — Year One pupils in primary schools will start learning mathematics and science in Bahasa Malaysia from 2011, a year ahead of schedule, following the failure of the government's English policy.
Tan Sri Muhyiddin Yassin, who is Education Minister, told Parliament today that Primary Year Four, First Formers and Fourth Formers would revert to Bahasa Malaysia in 2012.
“This will enable the ministry to make the necessary preparations in considering the needs of the teachers and students to ensure that they are prepared,” he said when replying to Hulu Terangganu MP Mohd Nor Othman during Question Time in Parliament.
Muhyiddin (picture) explained that the ministry has spent RM5 billion to provide teaching equipment and training for teachers to ensure a smooth transition.
“The government is concerned about the implications of the policy change to this cohort of pupils so a soft landing approach will be implemented.
“This approach aims to ensure students' academic achievement is not affected,” he said.
The government will therefore enforce the use of both English and Bahasa Malaysia in classes and exams until the last batch of students under the teaching of science and mathematics in English policy in 2015.
Besides elevating the use of Bahasa Malaysia in schools, the ministry also aims to increase the number of periods for English lessons.
By Asrul Hadi Abdullah Sani - The Malaysian Insider
KUALA LUMPUR, Oct 20 — Year One pupils in primary schools will start learning mathematics and science in Bahasa Malaysia from 2011, a year ahead of schedule, following the failure of the government's English policy.
Tan Sri Muhyiddin Yassin, who is Education Minister, told Parliament today that Primary Year Four, First Formers and Fourth Formers would revert to Bahasa Malaysia in 2012.
“This will enable the ministry to make the necessary preparations in considering the needs of the teachers and students to ensure that they are prepared,” he said when replying to Hulu Terangganu MP Mohd Nor Othman during Question Time in Parliament.
Muhyiddin (picture) explained that the ministry has spent RM5 billion to provide teaching equipment and training for teachers to ensure a smooth transition.
“The government is concerned about the implications of the policy change to this cohort of pupils so a soft landing approach will be implemented.
“This approach aims to ensure students' academic achievement is not affected,” he said.
The government will therefore enforce the use of both English and Bahasa Malaysia in classes and exams until the last batch of students under the teaching of science and mathematics in English policy in 2015.
Besides elevating the use of Bahasa Malaysia in schools, the ministry also aims to increase the number of periods for English lessons.
The Malaysian Indian, though they stand as a minority, have enormous substance of morality and humanity intact within them. They don’t sell their soul like the Chinese and Malay MPs that took place in Perak for monetary gains against the Pakatan group. I make this point because lately there seems to be a lot of criticisms against the Malaysian Indians for the stand they have taken amongst fellow Malaysians.
You may say anything about an Indian, but loyalty is the credence that they have held steadfast within this multicultural society whether the Malaysian Indian is a Hindu, Muslim, Christian, Buddhist, or even an atheist.
To date until GE12, the Malaysian Indians have been silenced for their obeisance for the rule of law and what is good for the society as a whole. After GE12, and bearing the latest Bagan Pinang results, they are branded and labeled as scapegoats. They are never the unsung champions for the upheaval that had taken Malaysian society by storm during the GE12.
The Malaysian Indians are a susceptible society to the policies and law of the land that all Malaysians take for granted even if it is discriminative. However, they have proven through HINDRAF that they are not that susceptible anymore although everyone still tries to take them for a ride and belittle them.
Yes, it is a minority community. But conscience and awareness have awakened them that the other societies cannot continue to take advantage of them just because they have been too accommodating all these years to maintain tranquility.
Naturally, you have MIC and the all those who claim to represent Malaysian Indians for the ruling government. Yet they all lost in the GE12. For those Pakatan representatives for the Indians, the crack is beginning to show. This shows that the Malaysian Indians, after the awakening by HINDRAF, have a mind of their own that is dictated on equal terms with other Malaysians and cannot be bullied any longer.
For the Malaysian Indians, there is a moral dimension more than the others. How can everyone sit and watch in silence when the Malaysian Indians are persecuted, shot at sight, and branded with the highest stateless figures, crime figures and suicidal figures when they are just a minority. Nowhere in the world have the Indians deteriorated through such discriminative policies except in Malaysia.
It is a systematically engineered policy to create an underclassed society without any opportunity to participate in the development of the country on par with the others. As a minority, their leaders under the ruling administration had suppressed them and obtained their silence with false hopes. With the change after GE12, the Malaysian Indians hoped that things would get better but nonetheless they were again treated in a similar fashion as seen in Kg Buah Pala - a minority with nothing much to offer.
Naturally the faults of the system, whether it is BN/PR, harnesses this because the rest of the majority will sit down and pass judgement on this community whenever it is not favourable to their parties even when the Malaysian Indians are only seeking for fairness.
Being a Malaysian and as a fundamental point of orientation, I have to grasp firmly that the truth is, for most Malaysians, they continue to look down on the Malaysian Indian whenever possible.
The Malaysian Indians, originally indentured labourers, were also pioneers in the fields of finance, legal, education, medical, real estate and the civil administration during the 50's, 60's, 70's, and 80's. For a minority, they have done their fair bit for the development of the nation and yet we Malaysians still look down on them as an underclassed society. What has happened in the past is not going to change, but we as Malaysians must understand their position today and support them to reach parity with us.
My morality would suffer if I cannot or fail to recognize their predicament and I should not blame them if they have to fight their cause in whichever way possible to uplift their society.
KUALA LUMPUR, Oct 20 — PAS secretary-general Datuk Mustafa Ali today admitted that new Indian party Makkal Sakthi's alliance with the Barisan Nasional had resulted in the party losing the support of the non-Malays in Bagan Pinang.
In its first by-election defeat in the peninsula since Election 2008, PAS’s Zulkefly Omar lost the Negri Sembilan state seat by 5,435 votes. Last year, Umno only won Bagan Pinang by 2,333 votes.
The Islamist party also lost all 19 polling streams. It won five in Election 2008, four of which are dominated by non-Malays.
“In a way Makkal Sakthi affected our share of non-Malay votes and the announcement that the party was endorsing BN,” said Mustafa in an interview.
The Makkal Sakthi Party led by former Hindraf leader RS Thanenthiran was launched during the Bagan Pinang campaign and officiated by Prime Minister Datuk Seri Najib Razak in his attempt to look for new Indian ally, after MIC lost the support of the community.
“We cannot just dismiss them, they have decreased the support to Pakatan Rakyat (PR), not just PAS,” said Mustafa when presenting his findings from the campaign.
He is also aware of claims that many members of the Makkal Sakthi Party are from the PAS supporters’ club.
When asked whether the party will hasten the move to formalise the role of non-Muslim supporters in PAS, Mustafa said the matter has to be carefully assessed.
“PAS’s core supporters is still the Malays, the discussion whether we should have full membership for supporters has to consider this factor, whether it will affect this core group,” said Mustafa adding that the plan to form the non-Muslim wing in PAS is in the pipeline.
Mustafa however dismissed the suggestion that various controversies involving the Selangor PAS chief Datuk Hasan Ali had affected the party’s campaign in Indian areas.
Hasan, who is also a Selangor executive councillor, had tried to ban the sale of beer in convenience stores in Malay majority areas, empowered mosque officials to act as moral police and also criticised the state legislative special committee, Selcat’s investigations against senior civil servants.
“In Permatang Pasir, Selangor issues were also brought up but it didn’t affect our campaign,” said Mustafa pointing out DAP’s strong presence during Bagan Pinang.
He admitted that the party did not expect to be badly defeated at the recent Bagan Pinang by-election but was quick to add it cannot be used as indicator for both Barisan Nasional (BN) and PR.
“I didn’t expect that big majority, I thought we could maintain or reduce the majority,” said Mustafa, who used to head the party’s election department.
But the PAS veteran strategist warned that the by-election where Umno fielded local strongman Tan Sri Mohd Isa Abdul Samad cannot be used as a benchmark.
“Similarly, Pakatan Rakyat cannot be complacent by making excuses that we can afford to lose this one,” said Mustafa.
The new CPF by the Pakatan alliance might be the onset to something new (and concrete) where a set of joint policies are embraced as the ideology behind the Opposition’s validation as a legitimate alternative to BN.
No doubt that this has never happened before and promises much for the people. However, it must be stated that this is merely a set of guiding principles with no legal standing at all. It might augur much but there are no avenues for redress if some rogue members decide not to adhere to it or be selective when following these guidelines. Neither are there any remedies if the leaders choose to go on a different tack later.
Why did Pakatan Rakyat go to such lengths to produce such a document in the first place? If indeed the three parties are joining together, and Pakatan Rakyat as a political faction is to be registered, why then the requirement for it? A party constitution can, and will be more effective, right?
I for one do not agree to the release of such a document unless it is the precursor to something more permanent. It can be agreed that the voters might not be as politically suave as the politicians themselves but this is not true for all voters, and the release of such a document can only but backfire on Pakatan. Even without such a document, it is already difficult enough to attempt containing people like Hasan Ali, Mat Isa and Hadi Awang. With this document in place, all Hell’s gonna break loose. How bad will the setback be if even a minority of the members from any of the three parties, decide to leave because they do not agree to the CPF?
Will this single document be able to unite the three parties? The pertinent question should be “to what purpose will this release be”? A set of common policies is not enforceable. Look at what Zaid stressed. It merely touches on the doctrine of separation of powers, checks-and-balances, public accountability, transparency and to weed out the abuse of power and exercises in absolute power. Well said, but isn’t that what we expect of Pakatan anyway? Additionally, isn’t that what all political parties (and the federal constitution) promises?
As for the CPF being a manifesto for Pakatan, how about legally forming Pakatan Rakyat first before releasing it, not as a framework but to be included into the constitution? Wouldn’t that be more significant to the real cause? Isn’t that what it is all about (instead of this rigmarole)?
Oh yes, Pakatan has to begin somewhere and this might be the start of something good. However, can’t Pakatan make it better by first forming a legal entity and then getting the respective member coalition parties to form a (combined) committee to look into the setting up of a valid constitution?
To be able to attract the people of Malaysia, Pakatan Rakyat needs something more concrete than this, something that can be enforced. A Common Policy Framework is just not good enough.
Khalid is a seasoned giant-killer steeled for tough challenges. — File pic
KUALA LUMPUR, Oct 20 — For corporate czar turned mentri besar Tan Sri Abdul Khalid Ibrahim, the past 18 months have seemed like 18 years.
From Day One, Selangor's 14th — and first from the opposition — mentri besar has been beset by shocks and scandals — from protests against a pig farm project approved by his predecessor to a Malay mob publicly stomping on a severed cow's head in August to protest against the presence of a Hindu temple in their neighbourhood.
Many of his colleagues in the opposition Pakatan Rakyat coalition have also suffered body blows — from being detained under the Internal Security Act to having their sexual trysts filmed. Recently, an aide to one opposition figure died suddenly after being interrogated by a federal government agency.
But then Khalid, 62, is a seasoned giant-killer steeled for tough challenges, on and off the political scene. In September 1981, the then-CEO of the government's investment vehicle Permodalan Nasional pulled off an infamous dawn raid on the London Stock Exchange by taking over Britain's Guthrie Corporation within two hours.
An economist by training, Khalid has since tried to show Selangor folk that they “own the state economy”. He has, among other things, given each family some free water monthly, set up an education trust fund for all born last year in the state as well as harnessed the state's riverine resources by treating river water for sale and building along riverbanks.
While he despairs of the state's 6,000 or so civil servants who prefer, as he puts it, “coordinating things to being proactive”, the married father of four sees hope in his four grown-up children. His three daughters are, respectively, a computer engineer, a cat surgeon and an animator while his investment banker son represents Bank Negara in New York.
On a recent trip to Singapore to meet investors and investment advisers from DBS and Nomura as well as support the Selangor football team in a match against Singapore — Singapore won 3-0 — he told The Straits Times how being mentri besar has changed his life:
What's it like to be Malaysia's most embattled opposition mentri besar?
I'm resigned to the fact that I'm going to have as much political support as political resistance. I'm resigned to the fact that politics does not give you a level-playing field. I'm resigned to the fact that I'm going to have to go through rough patches to achieve the ultimate objective. If I accept all that, I will not be frustrated by sudden noises or the cow's head problem.
It's not just noise, surely, not when your Pakatan partner PAS starts wooing Umno again.
The vision of socialistic thinking versus the vision of the Holy Book may be different. We have to adapt to move forward, rather than discuss how to change all these thinking processes. In this, I'm not going to have a common means to an end.
But even the ends are not common, surely. PAS wants an Islamic state, the rest of Pakatan doesn't.
Helping the helpless is the same to those who have democratic as well as religious thinking. That's what we call the ends. The Pakatan parties are now stumbling onto various platforms where we feel we don't understand each other, even though we may be in the same team. But you cannot just throw away the ball in your hands and you cannot tackle your team-mate. It's better to tackle the other party for us to win.
But how can you win when PAS in Selangor is wooing Umno?
I'm not sure if that is true or not.
Selangor PAS leaders such as Datuk Hasan Ali have reportedly done so.
First, Umno may not want him and he may not want Umno too. If they had gone merry-making, as they are said to have done, they would have been partners years ago. I do not think that the intelligent people in PAS would have gone and joined. Only those who are desperate, maybe 10 per cent of PAS, may want join (with Umno).
You say it's been painful for Umno after March 8, 2008. But hasn't it been very painful for you too?
Oh, yes! But government servants will have to understand that, before, you had to kowtow to one BN government in order to be assured of reasonable promotion and so on. But today, you have two sets of governments (one federal and one state) and adapting to that is painful.
Many see you as a bitter, ex-Umno man with a big chip on your shoulder. What say you?
During my student days, maybe I was not yet mature, I would say the government was quite stupid in doing all the things they were doing. But then I joined an institution that helps the Bumiputeras at large, and Umno invited me to give them advice. I readily gave it because I thought it would add value to the society I'm helping. So of course Umno felt that I'm part of them. But I'm part of Malay society, not part of them.
How can you help your Malay brethren most effectively?
Through education and skill-building. There is no other option. You have to earn your keep. That means it will take years. Education is not a rushed job; you've got to build the capacity (of the Malays) to understand. What's happened in the last 30 to 40 years is that we've tried to short-change ourselves. We want good Malays but we don't train them well. In the end, they get through some education (programme, but) without basic capabilities — and fail.
What else should they have?
They must be very patient. You can't become an entrepreneur and a millionaire overnight. Until we can say “Yes, this is the way our society should go”, we'll have to go through change.
KUALA LUMPUR, Oct 20 — The party congress last week of Umno, the fulcrum of the coalition federal government, was notable not for its trademark race rhetoric but a high-minded call for inclusiveness.
Party leader Datuk Seri Najib Razak explained thus: “I want the party to work in tandem with the demands of the times. Umno can no longer be seen as a party leaning towards a certain group.”
Doubly significant was that Khairy Jamaluddin, leader of the powerful youth wing, had in his speech a day earlier seemed to stake out a new middle ground for Umno. To accomplish this, he advocated that the party shed its provincialism — “siege mentality”, in his words — and project itself as a leader and a champion of all Malaysians.
That was bold and counter-culture: Umno Youth has always been dyed-in-the-wool Malay, a buck the senior leadership had to often restrain so as not to upset Umno's partners in the Barisan Nasional alliance.
Some Malaysians will see in this double call to “Malaysianise” Umno's aspirations a welcome sign of real ideological change. Many will say they remain to be convinced. That's the nature of Malaysian wayang kulit politics, where nuances and inferences often convey more meaning than declarations on formal occasions.
But Malaysia's neighbours, who have been alarmed at the lurch towards incendiary racist baiting in political, religious and civil liberties disputes, have one wish: that a national prosperity consensus be built to do justice to Malaysia's potential so that the country can contribute its weight to the Asean region's often disrupted growth.
Najib has been consistent in asking Malays to take the lead in bringing his inclusive “1 Malaysia” idea to fruition. Since he became Prime Minister, he has dismantled some pro-Malay entitlements he regarded as counter-progressive and offensive to other Malaysians, such as in business and education. What is important to determine in the next several years is whether Umno, beyond the core leadership, will accept the wisdom of his approach.
The same goes for Khairy. His transformation (or maybe this has been his game plan) seems real, for he is smart and he has time on his side (he's 33), but Umno Youth is a cauldron of race righteousness. If these two reformist leaders push too hard and too fast to remake Umno, they risk losing so much support among the party faithful, their positions would be untenable. Then all will be lost, until the next wave of brave reformers emerges.
Reformers often fail not because their vision is flawed, but that it is ahead of its time. In Malaysia, having the people pull together and believe in one another has been long overdue. Only Umno can make it happen. — Straits Times
No charges have been brought against the online news portal despite the intensity of the investigations over several days in September. In the midst of the investigations, the MCMC had to fob off accusations that they were not abusing their power to clamp down on the new media.
To Malaysiakini's credit, they have refused to remove the two video reports despite the investigations, which have since stopped. Still, the probe into Malaysiakini over the two videos is not the first time the MCMC has taken action against websites and internet users. In August 2008, the MCMC instructed internet service providers (ISPs) to block popular website Malaysia Today due to "insensitive" comments that were posted.
In February 2009, the first conviction under the Communications and Multimedia Act (CMA) 1998 took place in relation to insulting comments directed at the Sultan of Perak following the coup in Perak. The offender pleaded guilty to a charge under Section 233 of the Act, which makes it an offence to post a comment which is offensive in character with the intent to annoy, abuse, threaten or harass another person. This is the same section that Malaysiakini was being investigated under.
Home Minister Hishammuddin Hussein (Courtesy of theSun)Annoy? Yes, offenders can potentially be fined up to RM50,000 or jailed for up to one year or both for intending to annoy others through their online publication. Notwithstanding the fact that no charges have been brought against Malaysiakini, nor are any likely to be made, The Nut Graph spoke to Mohamed Sharil Mohamed Tarmizi, chief operating officer and acting chairperson of the MCMC, on 30 Sept 2009 about the commission's role and powers.
TNG: What does the MCMC do?
Mohamed Sharil: We're charged with the development of the communications and multimedia sector in Malaysia. We cover telecoms, broadcasting, internet, broadband, cellular services, radio frequency management, numbering and electronic addressing, as well as postal and courier services.
Our task is to create the right environment for businesses and online people such as yourselves to grow. In a way, we're like gardeners tending to a garden of sorts; but at times, like a gardener, if there are weeds, you have to remove them. We do what we do in accordance with the law of the land.
Does the MCMC function independently? Is it supposed to be an independent commission?
We are as independent as the law prescribes. It's very easy to fall into a false pretense of what independence means. We are based on the functions of the law. [The law sets out the functions of the commission and the minister, and there's a check and balance.]
Who initiates investigations?
We're not very big. Typically, we act on public complaints. Somebody calls up, they say they've seen or heard something, they want to lodge a report. So we take in the report and then we investigate.
Section 211 and 233 [of the CMA] states that providing content which is offensive with the intent to annoy is an offence. The word "annoy" in Sections 211 and 233 — it seems so broad. What is your take on it?
I think this is something that the courts should decide. I can appreciate that there can be a situation where what is annoying to one person may not be annoying to another. [For the MCMC], if someone who is offended or annoyed makes a report, then we have to investigate.
We go and interview people, gather evidence and submit it to the Attorney-General [who decides whether or not to prosecute]. Sometimes we get told there's no case, so that's the end of the investigation. If they say proceed, then we have leave to prosecute.
Without going into any specific cases, if something offensive is done and it is filmed and published online, is that "just reporting"? Or can the online media also fall foul of the Act?
I cannot speak about the Malaysiakini case, so what I'm going to say is largely hypothetical.
What does "just reporting" mean? If something done is so heinous and it's reported, it may be possible that the act of reporting may well be a crime in itself. If someone videoed something heinous and it is uploaded in the interest of reporting the news, where do you draw the line? Is that news? What about the victim? Isn't the victim entitled to be protected?
It is difficult. That's why we don't try to be judge and jury — the courts and the law are there [to decide].
Is there a difference between video footage shown on television, photographs in the newspapers and video reports on the internet?
There's a huge difference. In the case of television, there's the editor, sub-editor, news editor, the journalists check and verify their facts, then only the report goes out. If any video has not been verified, they put a disclaimer. CNN does that — they qualify so you know what to expect.
(Pic by miamiamia / sxc.hu) I'm not talking about the Malaysiakini case. The problem with the internet, generally, is someone will take a video of something and then just upload it. Nobody can establish or defend the authenticity of the video, the image or the audio. It's out there and it hurts and causes grief to someone. Are people just allowed to walk away, especially if it's done by irresponsible people?
What about the Federal Constitution and the guarantee of freedom of speech?
What's the issue about freedom of speech?
The Federal Constitution guarantees freedom of expression. There are exceptions where the government can legislate to restrict this freedom; for example, if it's against national security...
Can you shout fire in a theatre? You can't. It's an offence.
Freedom of speech in the Federal Constitution is subject to whatever law that has been passed.
But the restrictions on this freedom are only in relation to certain exceptions —national security, public order, public morality, friendly relations with other countries...
And the law. Whatever Parliament has enacted.
According to the constitution, Parliament can only enact restrictions in accordance with specific exceptions.
I'm not an expert on constitutional law, so I don't know. I have to go by the legislation. I would like to believe that Parliament would not have legislated anything contrary to the Federal Constitution. Again, let the courts decide.
There were reports that the MCMC asked the service providers to block Malaysia Today [last year]. Is that correct?
That is on a [specific] investigation, so I can't really say. What I said to the press at the time was we believe that we were well within our powers under Sections 211 and 233 to take action because there were comments made which were offensive.
So the MCMC has the power to ask the service providers to block websites?
To take preventive action. Could be anything, it's not just blocking. We could ask the site owner to take it down. And in many cases, actually, site owners do take it down.
Since existing laws apply on the internet, should the MCMC be focusing on offensive comments and things like that?
Well, Parliament passed the law. I have to do my job. If there's a section here that says there's an offence, does that mean I don't take action? If someone does something which is in contravention [of] this law, the [Communications and] Multimedia Act makes it mandatory to take action. I have no choice in this matter.
There are things that people have done, like scams, spam, fraud — they're also part of what we need to do.
[The MCMC] was never intended to [police the internet]. Never. That's why the whole act is based on the principle of industry and user self-regulation. Our job is not to go catch people, we don't catch people. We go and investigate and then once we've investigated, we submit the papers to the Attorney-General.
What about censorship of the internet?
The Act (under Section 3[3]) says nothing in this Act shall be construed to permit the censorship of the internet. Read that very carefully. What does that mean? In the same Act, Sections 211 and 233 (on the offence of providing offensive content) exist. Basically, the Act says if I take any action under 211 and 233, it shall not be construed as censoring.
Or it could mean that if you take any action under 211 and 233, you cannot [do anything that amounts] to censorship?
No, no. I don't think so. [The Act says], "Nothing in this act shall be construed as permitting the censorship of the internet." So, if you read Section 211, you would think 211 means you can censor. Actually, you're not [censoring]. Sections 211 and 233 mean you're taking regulatory enforcement action. Otherwise why have 211 and 233?
(Pic by Winterling / Dreamstime)Does having Section 3(3) mean anything you do on the internet is untouchable? Cannot be also, kan?
Some say that the online media changed the landscape of the last general election and precipitated a shift away from the Barisan Nasional. Do you think the MCMC can be used or is being used to prevent such a shift, as in the last election?
To be honest, I don't understand the question. Sincerely, I don't understand the question. Because how can we be used?
Why do we tell people to take things down or don't do this or don't do that? Because we think an offence has been committed. We tell people if an offence has been committed, or if it's offensive, please take it down. We are entrusted with enforcing the law even if all we can do is say, "Please take it down because someone has reported that this is offensive."
Do you think the online media has a role to play?
I think the online media has a great role to play. It has a great and positive role to play. I sincerely believe in the power or strength of the new media, it's a wonderful thing. But like anything, there's always those who will abuse it and those who will misuse it. What we've been trying to promote for some time now is positive use of the online media.
Some of the comments I see online are very immature. Not all, some. Some cannot string a sentence without an expletive in between.
Shouldn't people still be allowed to discuss?
Discussion is fine but if all that's being said is a bunch of four-letter words, where's the discussion?
People say ignorance breeds distrust. Maybe Malaysians have not had the chance to discourse and dialogue with each other, and now we're just starting.
I am a big believer in discourse and dialogue, but do it civilly. Do it with civility.
[Many people are asking], how can a press conference (Home Minister Hishammuddin Hussein's on 19 Oct 2009) be offensive? Is it possible for a minister to be annoying?
I can't speak about anything that's specific to the [Malaysiakini] case. All I can say is that it's not all what it seems; we have the evidence. Of course, it's up to the Attorney-General to decide whether the evidence we have is sufficient or not.
The Star IKIM view By Dr Wan Azhar Wan Ahmad Senior Fellow / Director, Centre for Syariah, Law and Political Science
RELIGION is a belief in, or the worship of, a god or gods.
The Oxford Dictionary and Thesaurus defines it as the belief in a superhuman controlling power, especially in a personal God or gods entitled to obedience and worship. It may also refer to anything to which one is totally devoted and which rules one’s life. In the first definition, religion basically refers to those like Hinduism, Judaism, Christianity, Islam, Sikhism as well as the animistic beliefs of pagans.
In the second, it may include beliefs in certain philosophies, value systems, thought, ideology or -ism with no supernatural power like atheism, scientism, fascism, secularism, human-rightism, even extreme passion, say, in football or mountaineering! As these may be regarded as false or pseudo-religions, this writing will focus on religion in the first meaning.
“Religionism”, next, must not be understood in the extreme sense of excessive religious zeal. It is here applied as a generic term merely to refer to how one may associate oneself to any particular religion, or one’s desire to govern one’s life according to the teachings of that religion.
What, then, is “secular” and its relation with “secularisation” and “secularism”? “Secular” concerns the civil affairs of this world, matters that only relate to this world, not the heavenly, spiritual or sacred. It is not concerned with religion or religious belief and is not bound by any religious rule.
“Secularisation” refers to the process of making something secular. A Dutch theologian, Cornelis van Peursen, defines it as the liberation of man “first from religious and then from metaphysical control over his reason and his language.”
It is by means of reason and language that one develops and reflects one’s views of things. The combination of these perceptions constitutes one’s worldview.
One is secularising oneself if one takes away the role or influence of religion and metaphysics from one’s thought and words, and consequently actions.
According to Harvey Cox, a Harvard theologian, secularisation is “the loosing of the world from religious and quasi-religious understanding of itself…” It is man turning his attention away from life beyond this world, and giving attention to only this worldly life and this lifetime.
Cox adds that the secularisation process is a “liberating development”, whereby the end product is relativism, i.e. everything changes according to time and location, including man or society’s value system and standards.
Cox writes further that the integral components of secularisation are three: (i) the disenchantment of nature, (ii) the desacralisation of politics, and (iii) the deconsecration of values. Syed Muhammad Naguib al-Attas explains them as follows:
The first means the freeing of nature from its religious implications. It involves the dispelling of godly, animistic spirits and magic from the natural world.
This separates the world from God, and distinguishes man from it. As a result, man may no longer view nature as a divine entity.
This idea will allow and “empower” him to act freely upon nature as he wishes, to exploit it according to his needs and plans.
The second means the abolition of sacral legitimation of political power and authority. There is no such concept, for example, as “the vicegerent of God” on earth or any form of supernatural representation of one’s worldly power.
There is no such thing as ruling or controlling people on behalf of any religious institution. This notion is the prerequisite of political and social change, again as man deems them fit and necessary.
The third means rendering transient and relative every value system which includes religion, and world views having ultimate and definitive significance for one’s life.
In this way, man’s future is open to change and evolution. It means man is free to create the change and immerse himself in the so-called “evolutionary” process, moving from the state of “infantility” to “maturity”.
This attitude requires man to be aware of the relativity of his own views and beliefs. Today he may believe in something, and tomorrow he may change it.
In other words, as Attas puts it, “he must live with the realisation that the rules and ethical codes of conduct which guide his own life will change with the times.”
Last but not least, “secularism” is the view that human values and standards should not be influenced or controlled by religion. It concerns only worldly human affairs without any element of spiritual or sacred intervention.
“Secularist” thus refers to a person who favours secularism.
The above explains why, upon studying the various principles of human rights, I said that human-rightism is based on secularism. There are ideas and notions in the doctrine of human rights that collide head-on with some fundamental teachings of certain religions, or against the established norms of ethics and morality.
When a conflict occurs, the tendency is always for human-rightism to prevail. This is not right, as a more appropriate approach is to reconcile the two.
It is true that certain religions do suppress certain things that may come under the purview of basic human rights. It became worse when religion was manipulated as a tool to legitimise or justify certain political powers of certain people, as reflected in the coinage of the “church-state relationship” in human history.
History shows that when the two forces came together, many requirements and restrictions were imposed on the masses. At certain eras in Europe, intellectual freedom was tightly controlled by religious institutions for centuries.
Those who questioned the rationality of certain religious principles, let alone if they were proved wrong and contradictory to sound logical conclusions, were cruelly persecuted and branded as blasphemers and criminals.
But not all religions are suppressive of human rights, whether political or civil. Islam, for instance, from its very inception preserves and promotes them, both for Muslims and non-Muslims.
This is evident from a treaty between Muslims and non-Muslims almost 1,400 years ago known as the Medina Charter, in which basic human rights were recognised and honoured by the government of the day.
So any statement to the effect that religion does not support human rights may be true of certain religions, but not necessarily the case with certain others. Do not assume that what has been experienced by Christianity, for example, is applicable and transferable to Islam.
If transgressions of human rights are found in the tradition of Islam, do not blame the religion, but chastise the perpetrators who may not understand their religion.
Anything against the welfare and good interest of man, Muslim or otherwise, is never a part of Islam.
I am a strong believer in the notion that the most appropriate understanding of human-rightism is within the framework of religion. This means that in any contradiction between the two, the preference must be given to the latter.
If one talks about ethics and morality, one cannot but admit that their values are ultimately derived from religious teachings. There are no real good or evil values outside religion. Good values are evident in all religions, and most, if not all, run parallel with each other.
It is in this sense of ethical parallelism that secularism becomes the common enemy of all religions, as the former promotes the relativity theory of values. It is in this regard that one is obviously wrong to argue that religion is compatible with secularism, especially in the case of Islam.
Laporan Audit Negara tahun 2008 yang baru diperoleh oleh ahli parlimen menunjukkan kerajaan mungkin terpaksa menanggung beban sebahagian dari kerugian projek mega yang bernilai ribuan juta dana awam. Jabatan Audit Negara menganggarkan jumlah kerugian projek rel keretapi berkembar dari Rawang ke Ipoh berjumlah sekitar RM 1.14 billion.
Sehingga bulan Disember 2008 sebanyak RM 5.77 billion telah dibelanjakan untuk projek tersebut, bermaksud 32.9%(RM 1.43billion) lebih tinggi dari nilai sebenar, iaitu sekitar RM 4.34 billion.
Malahan Laporan tersebut mengakui bahawa kelemahan pengurusan yang mengakibatkan kerugian yang sebegini besar. Saya percaya perkataan yang tertera dalam Laporan Audit sedikit “diplomatik.” Sesungguhnya ada bukti jelas seumpama penangguhan dan memesan secara lebih bahan untuk projek tersebut sudah cukup buat kita menyiasat jika wujudnya sebarang penyelewengan
Ternyata perkara asas seperti tadbir urus dan ketelusan tidak boleh dipandang remeh. Ketika mendung kelembapan ekonomi masih terasa, wajarlah pengurusan ekonomi mengambil langkah segera memperbetulkan dasar sumbang sebegini. Janganlah asyik mencipta gambaran ekonomi selesa walhal rakyat akan terkesan dari pemborosan serta ketirisan akibat kegelojohan penguasa.
BH 19/10: SPRM akan kaji laporan polis oleh dua Ahli Parlimen berhubung dakwaan rasuah membabitkan isteri seorang Menteri Kabinet: Abu Kassim
Not even a week as Deputy President of the MCA, and Liow Tiong Lai already has a police report lodged against him for allegedly accepting a car from a contractor for his wife's use. Either we have become a society high on alert for any corrupt practice by our politicians (which is good) or corrupt politicians have become very adept at using the system to cast doubt on other politicians they consider a threat (which is not so good).
In any case, Liow has nothing to worry about if he's done no wrong. And we are assured that if Liow is a dirty politician the MACC has already opened a file on him.
Lawyers acting on behalf of Liow, who is also HealthMinister, have lodged a police report in Putrajaya and have requested that the MACC to inot only nvestigate the allegation but the people who made the allegation against Liow. Which, I think, is a fair request, especially if the allegation turns out to be fabrication.
They are not doing this with East- timor delegates but it is just piece of low class mentality that they want to show other. This country will appear as Pakistan , Sudan and Somalia one day.
By Asrul Hadi Abdullah Sani - The Malaysian Insider
“In a way Makkal Sakthi affected our share of non-Malay votes and the announcement that the party was endorsing BN,” said Mustafa in an interview.
Doubly significant was that Khairy Jamaluddin, leader of the powerful youth wing, had in his speech a day earlier seemed to stake out a new middle ground for Umno. To accomplish this, he advocated that the party shed its provincialism — “siege mentality”, in his words — and project itself as a leader and a champion of all Malaysians.
