Forum Orang Muda: Jom Turun Ramai-Ramai

By Haris Ibrahim,

Etnik, Agama Dan Raja: Kesannya Terhadap Perkembangan

Demokrasi Di Malaysia…..Apa Kata Orang Muda?

Pendapat orang muda jarang mendapat tempat. Pandangan orang muda sukar mendapat ruang. Suara orang muda kurang pula diberi peluang.

Menyedari hal ini, Penerbitan Gerakbudaya telah mengambil inisiatif untuk menganjurkan suatu forum perbincangan dengan membariskan beberapa orang tokoh muda dari pelbagai latarbelakang sebagai panelis untuk berbincang dan menyuarakan fikiran mereka tentang persoalan-persoalan “panas” yang telah dan sedang melanda tanah air kita dewasa ini.

Apa pandangan orang muda tentang soal etnik? Apa pendapat orang muda tentang soal agama? Apa pula fikiran orang muda tentang soal Raja? Apakah pula pemahaman orang muda tentang demokrasi? Adakah etnik, agama dan Raja memberi kesan terhadap perkembangan demokrasi di negara kita ini? Adakah kesannya negatif atau positif? Adakah ianya menghalang atau membantu di dalam proses pendemokrasian negara kita? Apa kata orang muda? Apa analisa orang muda? Apa suara orang muda?

Untuk mengetahui suara orang muda di dalam membincangkan persoalan-persoalan “panas” ini, jom kita ramai-ramai datang, hadir dan sertai forum orang muda ini. Walau pun panelisnya orang muda tetapi forum ini terbuka untuk semua, muda dan tua, baru dan lama.

Berikut adalah maklumat tentang forum orang muda ini:

Tarikh : 24 Oktober 2009 (Hari SABTU)

Masa

: 2.30 Petang – 5.00 Petang

Tempat : KL & Selangor Chinese Assembly Hall, No. 1, Jalan Maharajalela, Kuala Lumpur

(Bangunan sebuah berwarna putih di hadapan Stesyen Monorail Maharajalela).

Biodata Ringkas Para Panelis Muda di Forum Orang Muda:

Fahmi Reza:

Fahmi Reza ialah seorang pereka grafik dan pembikin filem dokumentari yang menggunakan seni sebagai medium untuk membangunkan kesedaran di kalangan orang muda ke arah perubahan sosial dan politik yang lebih adil dan demokratik. Beliau telah menghasilkan dua buah filem dokumentari sejarah perjuangan politik radikal yang berjudul “10 Tahun Sebelum Merdeka” dan “Revolusi 48”. Filem dokumentari beliau yang berjudul “10 Tahun Sebelum Merdeka” (http://10tahun.blogspot.com) telah menjadi sebuah filem dokumentari “cult” yang cukup popular di kalangan anak-anak muda.

Shazni Munir Mohd Ithnin:

Shazni Munir adalah pemimpin mahasiswa yang masih menuntut di Universiti Malaya dan aktif dalam gerakan mahasiswa di tingkat

nasional. Selain dari menerajui Persatuan Mahasiswa Islam (PMI) Universiti Malaya dan memimpin Gabungan Mahasiswa Islam

Semenanjung (GAMIS), beliau juga merupakan Pengasas Bersama Gerakan Mahasiswa Mansuhkan AUKU (GMMA) dan Pengerusi Solidariti Mahasiswa Malaysia (SMM). Beliau juga turut aktif di dalam bidang penulisan dan idea serta cetusan pandangan beliau boleh dibaca di blog Perubah Zaman (http://shaznimunir.blogspot.com)

.

Lee Kai Loon:

Lee Khai Loon adalah bekas aktivis mahasiswa dari Universiti Teknologi Malaysia. Beliau pernah menerajui organisasi pemuda DEMA

semasa beliau mahasiswa dan beliau jua pernah bertugas di Hong Kong sebagai anggota sekretariat Asian Students Association (ASA).

Sekembalinya beliau daripada Hong Kong beliau mendirikan Youth For Change (Y4C) dan menjadi salah seorang daripada anggota sekretariatnya.

Mohd Hariszuan Jaharudin:

Mohd. Hariszuan adalah mahasiswa tahun akhir jurusan Sains Politik di UKM. Beliau merupakan salah seorang daripada pengasas ruang

wacana bebas blog Diskusi Santai Kopi (Diskopi). Di samping aktif menulis di Diskopi beliau juga aktif di dalam Kumpulan Aktivis Mahasiswa Independen (KAMI). Di KAMI beliau menerajui Biro Majlis Diskusi dan Dialog (MADILOG). Selain daripada itu beliau juga terlibat

aktif di dalam penyelidikan pilihanraya kecil di Permatang Pasir dan Bagan Pinang. Idea dan cetusan pandangan beliau boleh dibaca di

blog Diskopi (http://diskopi.wordpress.com).

Komentar Forum: Bro TukarTiub a.k.a Hishamudin Rais

Hishamuddin Rais adalah orang tua yang perawakan, otak dan jiwanya tak pernah tua. Beliau adalah pengasas mazhab Non-Governmental Individual (NGI) dan pengarang buku agitasi khusus buat orang muda “Pilihan Raya atau Pilihan Jalan Raya” dan buku separa-intelektual “Keganasan, Penipuan & Internet”. Beliau sekarang aktif menulis di blog separa-tabloid http://tukartiub.blogspot.com yang sudah pun menjadi “cult classic” dengan hits hampir 5 juta dalam tempoh hanya 1 tahun sahaja.

Sebarang pertanyaan atau maklumat sila hubungi: Ms Lee Siew Hwa di 03-7957 8342/8343 atau 016-465 5107;

Shahrir Halim di 012- 321 5803 atau Mr Chong Tong Sin di 016-379 7231.

Laman web: http://www.gerakbudaya.com

BERGERAK MEMBANGUNKAN BUDAYA WACANA

DI KALANGAN ORANG MUDA DAN MAHASISWA

Mum, sons drown in car crash

IPOH: A woman and her two sons drowned after the car they were travelling in skidded and crashed into a ditch at Km12 of Jalan Simpang Empat-Jalan Gula near Kerian, 150km from here, on Monday.

Kerian police chief Supt Mat Fauzi Nayan said Geetha Nagapan, 26, and her sons C. Prasanth, 8, and Pravin, 7, of Bukit Tinggi, Klang, died at Taiping Hospital.

He said the car was driven by Geetha's elder sister, Veemala, 27, who suffered injury and had been admitted to Parit Buntar Hospital.

Veemala was driving from her house in Ladang Gula, Kuala Kurau, to Simpang Empat to buy sundry goods when the car skidded and crashed into the ditch, he said.

Mat Fauzi said passers-by got the four people out of the car and sent them to Taiping Hospital. -- Bernama

Subramaniam’s allies first to face disciplinary board

Frankie D'Cruz

Nevash Nair

OUTSPOKEN woman lawyer Saraswathy Kandasamy and two others are expected to be the first MIC members to be sacked from the party after its recent elections for breach of discipline.

The trio, all strong allies of defeated deputy presidential candidate Datuk S. Subramaniam, will appear individually before the party’s disciplinary committee today — and the lady is not about to go down without a fight.

First, she intends to remove the discipline master Tan Sri K.S. Nijhar from hearing the matter on the grounds that he is guilty of indiscipline as well.

She recalled that Nihjar has yet to face action for staging a “dramatic walk-out” during a Central Working Committee meeting in 2006 when he was a party vice-president. She told Malay Mail that Nijhar was “not fit” to chair the meeting today since he had acted in a manner detrimental to the party.

Then, Saraswathy intends to hand over a letter to the committee calling for disciplinary action against party
president Datuk Seri S. Samy Vellu for reportedly saying that the MIED and AIMST University are not part of
the MIC.

To date, Samy Vellu has not refuted reports that he was planning to take MIED and other NGOs out of the party
and place them under a foundation that he would head.

Saraswathy has been hauled up for her Sept 24 letter asking for disciplinary action against Samy Vellu whom she said should not have announced his “official” line-up of candidates for the various posts ahead of the
party elections.

She charged that by doing so , Samy Vellu had not only divided the party but had tarnished the image of the party by saying his “chosen” lot were weak and that he needed to stay on and train them. Saraswathy also claimed that the Sept 12 polls were not fair because Samy Vellu, who had been elected president months before, had used the MIC machinery to ensure victory for his “official” line-up.

The Taman Desa branch member was also in the forefront of a move to nullify the party elections by a group
calling itself the MIC election irregularities committee.

Two members of this group, defeated vice-presidential candidate P. Subramaniam and lawyer Saaran Nadarajah who lost in his bid for a CWC seat, will also appear before the disciplinary committee between 3pm and 4pm.

Three others are expected to be summoned at a later date. They are R. Anbahalagan, T. Ananthan and N. Subramaniam who had jointly alleged rampant and widespread irregularities during balloting and counting of votes during the elections.

They have lodged complaints with the Registrar of Societies regarding vote buying, cheating and other irregularities.

Many view action against Saraswathy, Subramaniam and Saaran as the prelude to the expulsion of their mentor, the former MIC deputy president Subramaniam. Samy Vellu had said that disciplinary action would be initiated against Subramaniam because of his statement to Malay Mail that implied that the party condoned vote-rigging in its elections.

Subramaniam had confirmed a confession by former party stalwart Datuk V. Govindaraj that the latter pocketed 30 votes that allowed Samy Vellu to defeat the former by 26 votes to win the deputy president post in
1978.

Samy Vellu had also said that Subramaniam would be referred to the disciplinary committee for bringing in 500
youths, believed to be “gangsters” to disrupt the recent party assembly.

Subramaniam failed in his bid to regain the deputy president post after he lost by 82 votes to incumbent Datuk
G. Palanivel who garnered 629 votes in the Sept 12 party polls.

Sources said that expulsion for “Saraswathy and her gang” is inevitable as the party leadership is bound to
maintain its stance of sacking critics.

“The big one is yet to come,” said a party leader, making an obvious reference to Subramaniam.

Mixed views over calls for EGM

CALLS for an extraordinary general meeting (EGM) for the Malaysian Indian Congress (MIC) have received a mixed reaction. The EGM idea for MIC was apparently mooted by leaders opposed to Samy Vellu after a secret meetinglast month between severalIndian NGOs and individualsconcerned about theparty’s future and the Indiancommunity at large.

Vocal grassroots party leader M. Karunanidhi is all for the EGM, stating that it was what grassroots-level
leaders wanted.

“MIC was weak and after the party polls, it is even weaker. We are currently the weakest component party in Barisan Nasional (BN) and we need an EGM to resolve the issue,”said the Klang division deputy chief.

“Umno and MCA have conducted their EGMs respectively and it is best for MIC to do so for the sake of the community.

The party heads should not worry about the EGM if they are working for the interest of the Indian community,

“The president was quoted as saying that 50 divisions and 150 branches have to shape up or ship out. It would be interesting which divisions and branches he will choose, as many of these branches could be the ones that went against him,” Karunanidhi added.

He also refuted claims by information chief P. Kamalanathan that the majority of delegates will not be swayed into supporting the EGM.

Karunanidhi said: “I am very happy to hear his comments. I think he should put his money where his mouth
is. We take it as a challenge. Bring it on and we will see who has the majority.”

The MIC party constitution requires that for an EGM to be called, 25 per cent of the 140 MIC divisions must request for it. A Centra l Working Committee (CWC) member, who declined to be named, said division chiefs
are ready for an EGM, as they have the numbers required but they are monitoring developments in the
Maju Institute of Education Development (MIED).

“If we feel that MIC will be losing MIED and AIMST, then it is only fair for us to call for an EGM,” he said.

However, Youth chief T. Mohan hit out at Karunanidhi and said there was no reason for MIC to call for an EGM.
“We cannot call for an EGM just because MCA has done so. We do not have any issues that are relevant
for an EGM to be called.

“This is a time for all MIC members to come together. If we call for an EGM now, we will be spending four to
five months to resolve inhouse party matters, when we could be spending that time regaining the people’s
faith in MIC,” Mohan said.

“Those who were not happy with the party polls last September would definitely want an EGM. If you ask Datuk Seri’s (S. Samy Vellu) supporters, they are happy with the direction of the party.

“We have many new faces in the CWC. The information chief, the secretarygeneral and the treasurergeneral
are all young. We understand why Datuk Seri is still around. A captain cannot dock the ship without stabilising it first. He wants to streamline the party before leaving,” added Mohan.

Former vice-president Datuk S. Sothinathan, when asked his opinion, said: “We can’t just call for an EGM
because the other component parties are doing so.

“MIC’s constitution is very unclear on this. There should be a specific reason why an EGM needs to be held. I looked at the constitution and it is very unclear.

Therefore, we cannot follow the footsteps of Umno or MCA,” he said. Yesterday, Malay Mail reported that a group of MIC members, having exhausted all avenues of ousting the president, had a brainwave looking at the MCA leadership crisis brought about by an EGM.

Kamalanathan said the leadership was not perturbed by any move to call for an EGM.

“As far as MIC is concerned, we have just concluded our annual general assembly, the highest decision-making body in the party and I think the decision has been made on the future of the party leadership.”

Even if an EGM is proposed, the newly appointed information chief said the majority of delegates would
not be swayed into supporting it.

Samy Vellu declined to comment.

Can stations sell petrol at lower price

Perak BN's budget will not be legitimate

Sesi Perbahasan Dato Seri Anwar Ibrahim Di Parlimen pada 19 Okt 2009.

Berikut merupakan soalan berserta jawapan yang ditanyakan oleh Dato Seri Anwar Ibrahim kepada Perdana Menteri. Paparan ini dipetik dari Hansard Parlimen Malaysia.

Dato’ Seri Anwar bin Ibrahim [Permatang Pauh]: minta Perdana Menteri menyatakan langkah-langkah berkesan bagi mengembalikan keyakinan awam terhadap imej negative Suruhanjaya Pencegahan Rasuah Malaysia, Polis Diraja Malaysia dan Jabatan Peguam Negara berikutan keraguan umum terhadap perilaku penyiasatan dan pendakwaan terpilih.

Timbalan Menteri di Jabatan Perdana Menteri [Datuk Liew Vui Keong]: Terima kasih. Tuan Yang di-Pertua, saya memohon izin Tuan Yang di-Pertua untuk menjawab serentak soalan daripada Yang Berhormat Permatang Pauh hari ini bersama-sama dengan soalan nombor 34 daripada Yang Berhormat Tawau pada hari ini juga yang menyentuh tentang penyiasatan dan pendakwaan terpilih melibatkan SPRM dan juga PDRM.

Siasatan yang dijalankan oleh Suruhanjaya Pencegahan Rasuah Malaysia (SPRM) dan Polis Diraja Malaysia (PDRM) dilaksanakan mengikut prosedur undang-undang dan peraturan yang telah ditetapkan. Penguatkuasaan undang-undang oleh kedua-dua agensi ini dibuat tanpa mengira latar belakang atau kedudukan individu yang disiasat mahupun fahaman politik mereka. Pegawai-pegawai SPRM dan PDRM sentiasa diingatkan untuk mengikuti lunas undang-undang dan mematuhi garis panduan yang berkuat kuasa dalam melaksanakan tanggungjawab yang diberikan.

Tuan Yang di-Pertua, tambahan pula mekanisme tanggungjawab yang diwujudkan semasa SPRM ditubuhkan jelas menunjukkan kesediaan suruhanjaya itu untuk berperanan secara bebas, telus dan profesional dalam menjalankan penyiasatan ke atas kes-kes rasuah. Saluran-saluran yang telah diwujudkan seperti Lembaga Penasihat Pencegahan Rasuah, Jawatankuasa Aduan atau Panel Penilaian Operasi itu wajar digunakan oleh pihak-pihak yang tidak berpuas hati terhadap tindakan dan perilaku siasatan SPRM, memandangkan ahli-ahlinya terdiri daripada kalangan orang awam dan masyarakat sivil yang berfungsi secara bebas di luar SPRM.

Berhubung dengan pendakwaan terpilih yang dibangkitkan oleh Yang Berhormat, adalah dimaklumkan bahawa pendakwaan sesuatu kes hanya akan dilakukan terhadap mana-mana orang tanpa mengambil kira kedudukannya. Sekiranya terdapat keterangan yang mencukupi ataupun sufficient evidence bagi mendapatkan sabitan bagi kes-kes yang dikendalikan oleh SPRM, semua kes yang diputuskan untuk tidak dituduh perlu dilaporkan kepada Panel Penilaian Operasi yang terdiri daripada individu profesional dalam bidang masing-masing serta bertindak secara bebas.

Untuk makluman Yang Berhormat, tangkapan yang telah pun diambil terhadap ahli-ahli parti politik daripada Januari hingga Ogos tahun ini. Bagi parti Barisan Nasional, tangkapan telah dibuat sebanyak 12 orang dan pertuduhan 7. Bagi pakatan pembangkang, tangkapan hanya seorang sahaja dan pertuduhan belum ada buat setakat ini.

Jadi, bagi pihak Jabatan Peguam Negara Tuan Yang di-Pertua, telah mengambil

langkah-langkah dan pendekatan yang berkesan dalam mengendalikan pendakwaan seperti yang berikut;

Peguam Negara selaku pendakwa raya telah mengarahkan timbalan pendakwa raya supaya merujukkan semua kes berkepentingan awam kepada beliau sendiri untuk keputusan sama ada pendakwaan perlu dibuat atau sebaliknya;
Mengadakan perbincangan antara agensi penyiasatan dengan timbalan pendakwa raya sebaik sahaja kes berkepentingan awam dilaporkan bagi memastikan siasatan dijalankan secara menyeluruh;

Pendakwaan sesuatu kes hanya akan dilakukan sekiranya terdapat keterangan yang mencukupi bagi mendapatkan sabitan tanpa mengira kedudukan seseorang dan

Memberi latihan yang berterusan kepada timbalan pendakwa raya terhadap agensi-agensi penyiasatan dengan kerjasama agensi-agensi luar negara dan mengambil langkah melaporkan keputusan kes pergerakan kertas siasatan dan penjelasan berkenaan dengan kes-kes tertentu di laman web rasmi Jabatan Peguam Negara.

Tuan Yang di-Pertua, untuk menjawab soalan Yang Berhormat Tawau berhubung dengan Indeks Pencapaian Utama (KPI) SPRM dan PDRM sebagaimana yang diumumkan oleh Yang Amat Berhormat Perdana Menteri tadi, pelaksanaan National Key Result Areas (NKRA) yang meliputi KPI yang sama adalah merupakan salah satu usaha serius oleh kerajaan untuk mengurangkan jenayah dan memerangi rasuah. Inisiatif ini sedang dibincangkan secara mendalam di NKRA Lab yang sedang berjalan dan akan diumumkan oleh Yang Amat Berhormat Perdana Menteri tidak lama lagi. Pelaksanaan NKRA ini akan dipantau oleh Performance Management Delivery Unit ataupun Pemandu yang diketuai oleh dua orang Menteri bagi meningkatkan lagi keyakinan orang awam terhadap usaha kerajaan dalam mengurangkan jenayah dan memerangi rasuah. Sekian, terima kasih Tuan Yang di-Pertua.

Datuk Seri Anwar Ibrahim [Permatang Pauh]: Terima kasih Tuan Yang di-Pertua. Pertama, soal imej negatif SPRM. Ini kerana setelah peruntukan baru yang kuat dalam undangundang dan akta, tindakan itu masih dianggap terlalu lemah dan kadar peningkatan rasuah di negara terus meningkat. Kita mengandaikan dengan adanya SPRM, kadar dengan sendiri sekurang-kurangnya akan menurun, tetapi sebaliknya meningkat.

Keduanya, Lembaga Panel Jawatankuasa Khas SPRM itu tidak bersidang. Jadi,

maknanya Parlimen diminta mengadakan peruntukan dengan Panel Lembaga Jawatankuasa Khas tetapi tidak bersidang. Maknanya, tidak ada seriousness di pihak SPRM dan kerajaan untuk memastikan pengawasan dan pengawalan terutama tatkala imej SPRM itu tertekan.

Kemudian Polis Diraja Malaysia, ada suruhanjaya sebelumnya, ada usul-usul dan cadangan yang spesifik yang dikemukakan. Kadar jenayah terus meningkat. Maknanya, dengan segala jaminan diberikan itu tidak memberi keyakinan kepada rakyat kerana kejadian jenayah tidak kenal sama ada wakil itu daripada Pakatan Rakyat atau Barisan Nasional kerana pimpinan Barisan Nasional dan rumah-rumah mereka juga diserang dan keluarga mereka juga diragut.

Ketiga, penjelasan Yang Berhormat mengenai pendakwaan terpilih Jabatan Peguam Negara itu tidak menjurus kepada pertuduhan dan kecaman yang dibuat terutama oleh badan guaman bahawa dalam beberapa kes besar yang kita punyai maklumat yang cukup jelas tidak berlaku sebarang tindakan. Jadi, saya pohon penjelasan bagi ketiga-tiga isu yang saya bangkitkan.

Datuk Liew Vui Keong: Terima kasih Tuan Yang di-Pertua. Dengan hormatnya kepada Yang Berhormat Permatang Pauh, imej negatif ini berbaur seperti satu pertuduhan yang tidak elok, tidak berasas. Ini adalah satu persepsi yang tidak benar. Seperti yang telah saya nyatakan tadi bahawa tindakan memang telah pun diambil terhadap orang-orang yang telah pun terlibat dalam satu kes rasuah dan telah pun dilaporkan kepada pihak SPRM. Statistik telah pun menunjukkan bahawa hanya seorang sahaja daripada pakatan pembangkang telah pun ditangkap dan tidak ada pertuduhan yang telah pun diambil terhadap beliau.

Mengenai dengan pertuduhan terhadap PDRM yang tidak mengadakan siasatan

terhadap pegawai yang menjalankan kerja yang tidak baik. Yang Berhormat dari Permatang Pauh sedia maklum bahawa wujudnya satu Suruhanjaya Integrasi Agensi Penguat kuasa di mana orang ramai yang tidak berpuas hati dengan siasatan yang telah pun diambil oleh pihak-pihak pegawai boleh membawa aduan kepada Suruhanjaya Integrasi Agensi Penguat kuasa yang dikenali sebagai SIAP ini.

Mengenai uduhan mengatakan ada prosecution terpilih ataupun selective prosecution, ini tidaklah benar dan juga Yang Berhormat juga membangkit mengenai ada menerima maklumat yang kukuh terhadap seseorang ahli politik yang terkenal ataupun orang besar tetapi Yang Berhormat sedia maklum, maklumat itu kadangkala tidak mencukupi. Kadangkala maklumat itu dihantar melalui surat layang ataupun disebarkan dalam newspaper but there is no sufficient evidence to charge the person in court dan kadangkala juga apabila seseorang telah pun dituduh di dalam mahkamah, kalah dan menang sesuatu kes itu seperti Tuan Yang di-Pertua sedia maklum, terpulang kepada keterangan yang akan diberi melalui saksi dan kadangkala pula saksi turn hostile dan memberi keterangan yang lain dan ini boleh menyebabkan sesuatu kes kalah di dalam mahkamah. Sekian, terima kasih.

Sivakumar's Notice On State Assembly Session Not According To Standing Order

IPOH, Oct 21 (Bernama) -- Perak State Assembly Speaker Datuk R. Ganesan said the notice issued by Tronoh state assemblyman V. Sivakumar calling for an assembly session on Oct 28 was not in accordance with Standing Order 10 (1) of the state assembly.

He said this was because Sivakumar was no longer the Speaker and that the standing order stated "Sessions of the assembly shall be held at such times and places as decided by His Highness Paduka Seri Sultan Perak Darul Ridzuan and that will be proclaimed and gazetted".

"Sivakumar is pretending to be the Speaker by using the letterhead of the Speaker's office. I had made three police reports and hope that police will take action," he told reporters here on Wednesday.

Ganesan said the notice calling for the assembly session should be signed by the state assembly secretary and not by Sivakumar who claimed to be the Speaker.

Former menteri besar Datuk Seri Mohammad Nizar Jamaluddin had said Perak Opposition state assemblymen would be attending the assembly session on Oct 28 as they had received notice from Sivakumar.

Sivakumar issued the notice after Ganesan issued a notice calling an assembly session on Oct 28, only the second since Barisan Nasional (BN) took over the Perak state government in Feb.

Menteri Besar Datuk Seri Zambry Abdul Kadir would be tabling the Perak state government budget for 2010.

Ganesan criticised Sivakumar for not returning the Speaker's robe despite being asked by the State Secretary's office.

He said assembly secretary Zamari Mohd Ramli had lodged a police report against Sivakumar. It was made at Sungai Senam police station yesterday.

"The office equipment was removed without permission, meaning it was stolen.

For a responsible state assemblyman, this is not proper. You are not the Speaker anymore," he adde

Ibrahim Ali's Desire To Return To Umno To Be Studied: DPM

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.

Misteri Tingkat 4 - Rosmah Mansor Gantikan Khairy Jamaludin

Dulu Khairy, sekarang Rosmah menjadi kepala "Tingkat 4" pejabat Perdana Menteri.

Pegawai kanan Kementerian Kewangan dikatakan semakin gusar dengan campurtangan Rosmah Mansor, isteri Perdana Menteri, dalam urusan Perbendaharaan Negara,termasuk penyediaan Belanjawan 2010 dan pemberian kontrak dan tender kerajaan.

sumber-sumber kerajaan berkata campurtangan itu sudah di "tahap kritikal' dengan Rosmah mempertikaikan keputusan tertentu Timbalan Perdana Menteri Muhyyiddin Yassin dan Ketua Setiausaha Negara Tan Sri Mohd Sidek Hassan.

Campurtangan Rosmah itu tidak menerima sebarang teguran daripada Najib walaupun beliau adalah juga Menteri Kewangan.

Sumber-sumber memberitahu Suara Keadilan, Rosmah menaruh minat yang amat mendalam terhadap penyediaan Bajet 2010 yang akan dibentangkan oleh Perdana Menteri di Parlimen pada sesi Persidangan Dewan Rakyat 23 Oktober depan.

Isteri kedua Najib itu dikatakan mempunyai akses kepada semua bahan-bahan serta dokumen yang berkaitan dengan belanjawan tersebut sehinggakan menimbulkan rasa gelisah dan tidak senang hati di kalangan pegawai tinggi kementerian.

Campurtangan Rosmah dalam keputusan pada peringkat tertinggi kerajaan meletakkan pengurusan negara dalam keadaan bahaya dan kewibawaannya di kompromi.


Sumber juga memberitahu Rosmah memperlihatkan keghairahan beliau terhadap semua aspek perbelanjaan setiap kementerian terutama yang berkaitan dengan pembelian atau "procurement" serta pemberian kontrak-kontrak.

"Rosmah memberi perhatian mendalam kepada aspek penyediaan Bajet 2010 terutamanya yang berkenaan dengan pembelian dan kontrak-kontrak kementerian yang penting," kata sumber itu.

Walaupun tidak memegang sebarang jawatan rasmi Rosmah mempunyai sebuah pejabat di Pejabat Perdana Menteri dan mempunyai beberapa kakitangan bagi membantu beliau.

Malah pelancaran laman website beliau, www.pmo.gov.my/datinrosmah telah mengundang kritikan kerana didakwa menggunakan dana awam dan salahguna kuasa untuk menyenggara laman web peribadinya.

Ahli Parlimen Ampang, Zuraida Kamarudin berkata sebagai isteri Perdana Menteri beliau sepatutnya menjadi pemanis dan penyokong kepada suaminya bukan mencampuri urusan pentadbiran kerajaan.

"Saya meletakkan kelemahan perjuangan pembudayaan dan agenda wanita dan remaja di negara ini di atas bahu Shahrizat (Jalil) selaku menteri yang bertanggungjawab.

"Disebabkan menteri gagal maka Rosmah pun mengambil kesempatan ini untuk menonjolkan diri sebagai juara wanita di negara ini.

"Saya tidak lihat kerjasama yang tulen antara Rosmah dan Shahrizat untuk memajukan golongan wanita malah mereka kelihatan bersaing. Kalau Shahrizat sekadar menjadi penghias kabinet lebih elok biar Rosmah bertanding," cabar Ketua Wanita KEADILAN itu.

Zuraida mendakwa Rosmah juga masuk campur semasa kempen pilihan raya kecil Bagan Pinang baru-baru ini dengan menghadiahkan tiga buah rumah teres kepada kampung Bagan Pinang untuk dijadikan pusat remaja. Gula-gula politik itu diberikan atas nama program Permata Negara di bawah naungan beliau.

Rosmah juga dikatakan telah campurtangan membuat keputusan-keputusan penting bersabit bantuan untuk pelarian Palestin dengan membelakangkan ahli jawatankuasa Penaung Tabung Kemanusiaan Palestin yang mempunyai baki dana RM11 juta.

Di kalangan kenalan dan mereka yang mengenal beliau secara rapat, Rosmah diketahui mempunyai cita-cita yang tinggi.

Malah seorang kenalan sekolah beliau semasa belajar di Kolej Tunku Kursiah mengatakan Rosmah pernah mendabik dada bahawa beliau pasti akan berkahwin dengan seorang Perdana Menteri pada satu hari kelak.

PAS demands Suhakam inquiry on postal votes

High court accepts Guantanamo Uyghur case

WASHINGTON (CNN) -- The Supreme Court tentatively agreed Tuesday to accept an appeal from a group of native Chinese Muslims who had asked to be released into the United States from American military custody at Guantanamo Bay, Cuba.

In February, demonstrators in Washington protest the detention of Uyghurs at Guantanamo.

The case may soon dissolve, however, because nearly all the men have been or are expected to soon be sent voluntarily to other nations.

The Pacific island nation of Palau has agreed in recent weeks to take in 12 of the 13 remaining prisoners, U.S. officials have said. Only one man, Arkin Mahmud, is likely to remain held indefinitely at the U.S. naval station at Guantanamo Bay. His lawyer told the Washington Post the man has mental health problems that cannot be treated in the tiny country. Mahmud's brother is among those headed to Palau.

The men are Uyghurs, an ethnic group from western China. They were accused of receiving weapons and military training in Afghanistan. Some of them have been cleared for release since 2003 and several other Uyghurs have been released to other countries. The United States said it would not send them back to their homeland because of concern they would be tortured by Chinese authorities.

The Chinese government has said no returned Uyghurs would be mistreated and has repeatedly warned other countries against taking the men. Beijing officials this summer again urged the United States to hand over all remaining Uyghurs instead of sending them elsewhere.

China alleges the men are part of the East Turkestan Islamic Movement, a group the U.S. State Department considers a terrorist organization, that operates in the Xinjiang region. East Turkestan is another name for Xinjiang.

Eight Uyghurs are a party to the pending appeal with the Supreme Court. In a September 23 letter to the court, Solicitor General Elena Kagan, the administration's top attorney in high court matters, said the U.S. government "has every reason to believe that at least six of the [Uyghur] petitioners shortly will be resettled in Palau, although it is impossible to be certain until they actually board the plane."

Kagan had said the initial transfer would happen by October 3.

Among the lead Uyghur plaintiffs is Hazaifa Parhat, accused of attending a terror training camp in Afghanistan at the time of the September 11, 2001, attacks. He denies the charge.

A federal judge in October 2008 ordered the Uyghurs released inside the United States because they were no longer considered "enemy combatants." U.S. District Judge Richard Urbina had said further imprisonment "crossed the constitutional threshold into infinitum."

U.S. military hearings known as combatant status review tribunals determine whether a prisoner can be designated an "enemy combatant," and prosecuted by the military. Some legal and military analysts have likened them to civilian grand jury proceedings.

The Bush administration appealed that decision in its final days, and a federal appeals panel ruled in February there was no legal or constitutional authority for the prisoners to be immediately freed on U.S. soil, even though they were unlawfully detained and no countries at the time were willing to accept them. The Uyghurs then asked the Supreme Court to hear the case.

Obama administration officials have said privately they were unwilling to launch a constitutional showdown with the Supreme Court on the detainee issue. The Obama Justice Department has concentrated on the negotiations with Palau.

Lawyers for the Center for Constitutional Rights, which is representing the Uyghurs in court, said the men pose no terror threat and could have been released into a Muslim community in the United States until their cases were resolved.

If the Uyghurs all find new homes outside U.S. borders, the former prisoners would no longer have standing to challenge their former enemy combatant status and detention in federal court. The high court then would likely dismiss the appeal at the urging of the government, leaving the larger constitutional issues unresolved.

Bermuda in June accepted four of the Uyghurs, after quiet negotiations with U.S. officials.

"I am no terrorist, I have not been terrorist, I will never be terrorist. I am a peaceful person," said one of those four, Kheleel Mamut, in a June 12 interview with CNN on the Atlantic Ocean island.

Albania accepted five Uyghur prisoners in 2006, but has refused to allow any more in the country. Human rights activists say the European nation is concerned about economic and diplomatic retaliation from China.

Any final decision on the Uyghurs by the high court could have implications for other Guantanamo prisoners. The Supreme Court has consistently ruled that detainees can go to federal court to contest their imprisonment, but that civilian judges lack the authority to order them freed.

In addition to the Uyghurs, more than 200 prisoners, many of them suspected terrorists, remain in the detention facility. Approximately two-thirds have appealed their continued imprisonment and have complained the government is unfairly keeping them from finding out if any evidence exists that could clear them.

Many fear arrest, physical abuse or persecution if they are sent to their homelands, according to the Center for Constitutional Rights.

The Justice Department over the weekend announced three detainees would be sent with their approval to Yemen and Ireland.

Efforts to find places for the detainees have been stepped up since President Obama announced he would close the military prison at Guantanamo in coming months.

Deadly train collision in India

NEW DELHI, India (CNN) -- At least nine people died and 15 were injured as two major passengers trains collided in northern India on Wednesday, a railway official said.

Rescue operations were under way, said Anant Swaroop, spokesman for India's northern railway, and officials feared the death toll would climb. It was not immediately clear how many people were trapped in the wreckage.

The Goa Express slammed into the stationary Mewar Express early Wednesday in the city of Mathura. Bodies were pulled out from a wrecked car of the Mewar Express, said Aditya Verma, a senior police official in Mathura. The car had a special compartment for women, disabled passengers, cargo and train guards, he said.

The Goa Express, bound for New Delhi from the western coastal state of Goa, was apparently running on the same track as the Mewar, which shuttles between New Delhi and Udaipur, in western Rajasthan state. Both trains have stops in Mathura.

A witness told CNN's sister station CNN-IBN that the driver of the Goa Express changed tracks at the last minute. Another witness described the massive thud when the trains collided and passengers on upper berths came flying down.

Pua asks MACC to probe auditor-general's findings

Deepavali Misson: 2 year reflection on Indian Situation (Malaysiatoday)

By Vetrivel

The 2007 Deepavali was among the most heart-wrenching for the Indians in Malaysia. Just a few days earlier, a Temple was demolished in Padang Jawa in Shah Alam and Hindraf was giving its maiden speech & gatherings all over Malaysia.

Sms-es were flying not on Deepavali wishes but on the inauspicious behaviour of UMNO and the temple-breaking as well as the UMNO AGM on November 8th which was on Deepavali 2007. This was also added with the excitement of the Bersih Rally on the 10th which was viewed with interest by Indians all over Malaysia over the Internet with guests as well as family members. During this Deepavali, we heard and saw Khairy calling those on the streets “Beruk” and Badawi challenging the people on the street “Jangan cabar saya!”.

The Bersih event created more enthusiasm among the Indians who were already in a boiling state of anger when Hindraf came into view by daringly Challenging the Goverment! Headlines were splashed with pictures of lawyers who dared the goverment and were suing for hundreds of Millions of ringgit including the landmark case of a Trillion dollar class action suit against the British goverment.

These were events the Indians had never seen before. Never have the Indians dared to speak up and challenge the goverment. Election after election for over 50 years, they religiously voted the BN as incumbent goverment. Since 1990 all MIC candidates got 100% success in all elections except the Lunas by-election. All this was about to change.

Within 2 weeks from Deepavali, the Indians were on the street in amazing numbers. Buses were stopped as far as Penang and JB. People were checked from car to car, phones were confisticated and their sms checked. Even hotels were instructed not to let rooms to Indians during the rally of november 25th. It was akin to being harrassed just for being Indian. How the government of the day was able to declare enemy on its own citizens is bewildering!

25th Nov was even stranger, seeing so many Indians willing to break their shackles and daring to break rules and even face jail by attending the Rally. It was amazing seeing Indians in large numbers and even more amazing seeing the Government create a warzone by pelting 30000 people (conservative figure) with tear gas cannisters.

CDs were made of this incident - recordings, statements. An unheard of record number of court cases and trumped up charges were brought on the people. The lawyers went into ISA while another is in UK to date.

The momentum created from the Deepavali of 2007 took 50 years to build and explode! It did not stop there, the Indians voted in Bulk and March 8th happened as Malaysia took a Giant leap forward.

There were many Rallies in between and with the leaders in ISA the momentum and energy of the people focused on Opposition parties. The coordinators of Hindraf did not prepare for such a large scale involvement of Indians and hence no blueprint to carry forward the people in the right direction from then on. The group was rigid on its 18 points demand rather than use the dynamism which was created to chart a future for the Indians. This was one BIG opportunity wasted.

Badawi took an iron fist role to deal with the Indians with children arrested and defiant people charged when bringing cards as well as flowers.

But 2 years later, we see Najib taking a subtle path compared to Badawi. His soft spoken tendencies and 1Malaysia policy to recover lost ground may be luring the Indians into a false sense of complacency. Nevertheless, Najib could win the heart of Indians where Badawi failed.

We also see Hindraf in a different light with each of the 5 leaders heading into different directions. Accusations of one of them being an undercover Special Branch Officer still looms large. The HRP was born from these events. The coordinators have also moved on their own path. Some even to chart glory by associating with the very BN government they had originally opposed! In fact, the Makkal Sakthi cry has been sabotaged to be the name of a political party by none other than Hindraf ex-coordinator, Thanenthiran. Time has proven leaders are willing to sacrifice on their principles and Thanenthiran will be remembered forever for this.

We can also see that things have not changed much since 2 Deepavalis ago. UMNO has not learned much though it claims so. How else do we figure out the Hari Raya Open House organized on a Deepavali weekend? MIC has learnt nothing from these incidents though they were thrashed badly in elections. Samy Vellu still continues at the Helm.

Apart from these, the Indians have learnt to vote in bulk. BN gained the most from this. This was apparent in Bagan Pinang but the MACC should probe on the admission of voters who claim to have received RM500 and sarees for Deepavali.

Promises for schools remain to be seen.

So have the Indians really returned to the BN fold within 2 years or do we have to wait another 50 years to see another revolution of sorts to show Ketuanan Rakyat?

Will Pakatan Rakyat take cue and be the savior the Indians hope for?

Thai expert says Teoh’s death ‘80pc’ homicide

By Debra Chong - The Malaysian Insider

KUALA LUMPUR, Oct 21 — Thai pathologist Dr Pornthip Rojanasunand told the Coroner’s Court this morning that there was an 80 per cent probability that Teoh Beng Hock’s death was a homicide and not suicide, and suggested that some of his injuries were sustained before his fatal fall.

She said that Teoh’s injuries showed he could have been strangled and that he sustained anal penetration before he fell to his death earlier this year.

The stunning testimony made by the pathologist, who gained prominence from her work on identifying Tsunami victims and in the recent death of Hollywood star David Carradine, appeared to suggest Teoh was assaulted before his death.

Using a graphics presentation, she told the court that not all the injuries sustained by Teoh were consistent with that of a fall.

The skull fracture on Teoh’s head, she said, was not typical of an injury from a fall, but more compatible from blunt force applied directly to the skull.

She also noted round marks on Teoh’s neck which could mean “manual strangulation” with fingers.

She said that her assessment was based on Teoh’s autopsy report and from photographs taken at the site where his body was found.

Dr Pornthip was engaged as an expert witness by the Selangor state government.

Earlier she told the court that she had conducted over 10,000 autopsies in her career, of which more than 100 dealt with fatal falls from high places.

Najib considers change in way Cabinet is selected

KUALA LUMPUR, Oct 21 — When Datuk Seri Najib Razak reviews the performance of his Cabinet in November, one of the trademark features of the Barisan Nasional (BN) government could be tested: The allocation of positions along party, racial and geographical lines.

Government sources told The Malaysian Insider the prime minister is seriously considering revamping the main criteria used in selecting ministers and deputy ministers.

For as long as BN has governed, prime ministers have based their selection of ministers on the seniority of BN component parties, the number of seats held by a party in Parliament, and based on a racial and geographical breakdown.

Implicit was the belief that all component parties should be rewarded, regardless of the performance and track record of its ministers and deputy ministers in previous administrations.

So this has meant that MCA could always count on having four ministerial positions and a clutch of deputy ministerships while MIC and Gerakan were guaranteed at least one senior Cabinet post.

Traditionally, the Health and Transport Ministries have been the purview of MCA. The lion’s share of Cabinet positions has been given to Umno.

But officials and Umno insiders said that Najib believes the main consideration of an appointment as minister and deputy minister should be an elected representative’s track record of service and his or her ability to deliver on the promises of the Najib administration.

The PM believes that he would be limiting himself if he continues to be hamstrung by the old criteria, especially given the weak state of the MCA, MIC, Gerakan and PPP.

Najib is considering selecting his Cabinet based on performance. — file pic

All these BN parties have two things in common: they are in the midst of debilitating political infighting and can no longer say they command the support of their constituencies.

So if these parties do not resolve their issues quickly and reconnect with their communities, there is a possibility that they may end up with fewer positions in Cabinet.

Najib’s rethink on a new approach also comes at a time when Sabah and Sarawak BN parties are demanding more recognition consistent with their greater political pull.

If Najib goes ahead and uses these new criteria in selecting ministers and deputy ministers, the big winner could be Umno.

The reason being, while race may no longer be the main criteria used for selection as ministers or deputy ministers, the ruling party is the most stable in the BN stable.

Sources have said there will not be wholesale changes made in November, just minor tweaks.

They also caution that best intentions can be overridden by political realities, noting that Najib initially pencilled a slimmed down Cabinet in April but changed his mind after being lobbied vigorously by politicians, royalty and other vested parties.

Putrajaya mulls Canberra’s appeal on boat people

JAKARTA, Oct 21 — Putrajaya will study Canberra’s request to tighten immigration controls and issuance of visas to prevent human trafficking and the problem of boat people, after 260 Sri Lankans recently pushed off for Australia from Malaysia but were now being held in Indonesia.

Prime Minister Datuk Seri Najib Razak said his Australian counterpart Kevin Rudd made the request during their bilateral meeting after the inauguration of Indonesian President Susilo Bambang Yodhoyono here. Rudd also made the same request to Indonesia and Singapore.

“The meeting was convened upon Rudd’s request. He also expressed his satisfaction with the good bilateral ties between our two countries,” Najib said at a press conference with the Malaysian media.

Specifically, Najib said, Rudd had raised several issues including Australia’s concern about the problem of boat people, who were using Malaysia their transit point before making their way illegally into Australia.

A recent example, he said, was concerning a group of Sri Lankan boat people who entered Malaysia on their way to Australia, but ended being detained by the Indonesian authorities.

The Sri Lankans have threatened to burn their boat to prevent further detention. Indonesian navy have detained several Indonesian crewmen from the boat and a few Sri Lankans identified as people smugglers by the Australians.

Najib said among the preventive measures that could be considered by Malaysia were an increase in the number of immigration officers at certain countries, who would scrutinise visa applications to Malaysia, so that tourism and human trafficking activities could be clearly ascertained.

The prime minister said it was learnt that the human trafficking activities had become rampant because of the handsome profit, as the traffickers would charge between US$15,000 and US$20,000 (RM51,000 to RM68,000) for each Sri Lankan who wanted to enter Australia.

“This is also linked to Sri Lanka’s internal stability. If the Sri Lankan government can assure that the Tamils there can integrate in the country’s development, the possibility of them becoming boat people will be reduced,” he said.

Watch the video clip in this link:-

http://athirvu.com/refugee.asx

20-point agreement between Sabah and Malaya

Now that 16 September, Malaysia Day, has been declared a public holiday from next year, let’s take it the next step and see what the 20-Point Agreement is all about, which has been a sore point for Sabah for a long time now, although Sarawak does not appear to be too flustered about it’s 18-Point Agreement.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

Separate but equal

THE establishment of Malaysia was much like a marriage. Malaya, Singapore, Sabah and Sarawak entered into matrimony on 16 Sept 1963. Indonesia and the Philippines spoke out against the union instead of forever holding their peace.

Despite the opposition, the four regions pledged unity as a single, sovereign federation, promising to be faithful and equal partners in good times and in bad, in joy and in sorrow.

And they lived happily ever after.

Or didn’t.

Fast forward 45 years after the union. Singapore has, since 1965, seceded from Malaysia. The relationship between Peninsula Malaysia, Sabah and Sarawak is no longer sacrosanct, a marriage rocked with broken promises. The East Malaysian states have “descended” in ranks to become no more than a wronged spouse in an unfortunate union, with West Malaysia enjoying political supremacy and socio-economic advantage.

“Sarawak and Sabah feel that we have been sidelined. There is still that uneasy feeling [that begs us to question], ‘Are we really part of the three regions (i.e. Peninsula Malaysia, Sabah and Sarawak)?’” says Parti Rakyat Sarawak (PRS) president Datuk Seri Dr James Jemut Masing.

With the political events that have swept the nation, that bleak situation might change. As a result of the 8 March 2008 elections, Sabah and Sarawak’s support have become particularly important to the survival of the Barisan Nasional (BN). The East Malaysian states have once more found leverage, just as they did in 1963, when they were wooed to join the federation of Malaya to form Malaysia. Then, it was so that their native populations would provide a counterweight to Singapore’s predominately Chinese population.

“I would like to emphasise that Sabah and Sarawak are two of the most critical partners of Malaysia. And 8 March shows, we cannot ignore that. You cannot ignore us,” Masing says in a phone interview.

Political observers say the key to cultivating unity between East and West Malaysia is to overcome the national historical amnesia about Sabah and Sarawak’s equal partnership in the federation. The two states’ cultural and religious autonomy must also be respected.

“To foster unity, we must recognise that there are three regions in Malaysia. Not two out of the 14 states. If we understand that, I think a closer relationship can be built much faster,” Masing says.

Tan Sri Bernard Dompok, who is president of United Pasokmomogun Kadazandusun Murut Organisation (Upko), and a former chief minister of Sabah, concurs.

If we want national unity, “it must not be artificial — you know, singing this song or that song... it should be more practical, [such as] settling grouses and changing the people’s mindsets.

“There is still this perception that Malaysia refers specifically to the peninsula. When I tell people in Semenanjung that I am going back to Sabah, they ask me when I am coming back to Malaysia. The mindset that Sabah [and Sarawak] is an addendum to Malaysia must change,” he tells The Nut Graph in a phone interview.

http://www.thenutgraph.com/separate-but-equal

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According Prof. Dr Shad Saleem Faruqi, Sabah and Sarawak cannot withdraw from the Federation. He iterated that joining a federation is irrevocable. See Point #7 of Sabah 20-point agreement prior to formation of Malaysia.

Former Parti Bersatu Sabah (PBS) Supreme Council member, Dr Chong Eng Leong stressed that Sabah and Sarawak are supposed to be equal partners in the Federation when the two states agreed to FORM Malaysia. To correct the fact, Sabah and Sarawak NEVER JOINED Malaya. Malaya, Sabah and Sarawak consented to form a new Federation called Malaysia in September 16, 1963.

Prof. Dr Shad Saleem Faruqi did suggest that the only way for Sabah and Sarawak to drop out of Malaysia is to be expelled, just like what happen to Singapore.

However, I do agreed with Prof. Dr Shad Saleem Faruqi who is from the Faculty of Law, Universiti Teknologi Mara (UiTM) when he stated that Sabah Immigration Law was undermined by the influx of illegal immigrants to Sabah. "It has been undermined by closing one eye, two eyes, three eyes, all three eyes. It is clear for everyone to see like an elephant in the sitting-room." He indirectly said that Sabahan are too generous to the illegal immigrants while the federal government have couldn't-care-less attitude to enforce the immigration law in Sabah.

http://malaysiadigest.blogspot.com/2008/09/no-way-for-sabah-and-sarawak-to-leave.html

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The 20-point agreement, or the 20-point memorandum, is an agreement made between the state of Sabah (then North Borneo) with what would be the federal government of Malaysia prior to the formation of Malaysia in September 16, 1963. A similar agreement was made between the state of Sarawak and the federal government but with certain differences in their 18-point agreement.

History

The agreement was written for the main purpose of safeguarding the interests, rights, and the autonomy of the people of Sabah upon the formation of the federation of Malaysia. It was originally envisaged that Sabah be one of the four entities in the federation, the others being Malaya, Singapore, and Sarawak. However as times passed, Sabah and Sarawak has ended up being merely one of the 13 states in the federation.

The position today

There has been numerous calls for the agreement to be reviewed to take into account social, economic, and political changes over time.

The agreement

Point 1: Religion

While there was no objection to Islam being the national religion of Malaysia there should be no State religion in North Borneo, and the provisions relating to Islam in the present Constitution of Malaya should not apply to North Borneo.

Point 2: Language

a. Malay should be the national language of the Federation.

b. English should continue to be used for a period of 10 years after Malaysia Day.

c. English should be an official language of North Borneo for all purposes, State or Federal, without limitation of time.

Point 3: Constitution

Whilst accepting that the present Constitution of the Federation of Malaya should form the basis of the Constitution of Malaysia, the Constitution of Malaysia should be a completely new document drafted and agreed in the light of a free association of states and should not be a series of amendments to a Constitution drafted and agreed by different states in totally different circumstances. A new Constitution for North Borneo (Sabah) was of course essential.

Point 4: Head of Federation

The Head of State in North Borneo should not be eligible for election as Head of the Federation.

Point 5: Name of Federation

“Malaysia” but not “Melayu Raya”.

Point 6: Immigration

Control over immigration into any part of Malaysia from outside should rest with the Central Government but entry into North Borneo should also require the approval of the State Government. The Federal Government should not be able to veto the entry of persons into North Borneo for State Government purposes except on strictly security grounds. North Borneo should have unfettered control over the movements of persons other than those in Federal Government employ from other parts of Malaysia into North Borneo.

Point 7: Right of Secession

There should be no right to secede from the Federation.

Point 8: Borneanisation

Borneanisation of the public service should proceed as quickly as possible.

Point 9: British Officers

Every effort should be made to encourage British Officers to remain in the public service until their places can be taken by suitably qualified people from North Borneo.

Point 10: Citizenship

The recommendation in paragraph 148(k) of the Report of the Cobbold Commission should govern the citizenship rights in the Federation of North Borneo subject to the following amendments:

a) sub-paragraph (i) should not contain the proviso as to five years residence.

b) in order to tie up with our law, sub-paragraph (ii)(a) should read “7 out of 10 years” instead of “8 out of 10 years”.

c) sub-paragraph (iii) should not contain any restriction tied to the citizenship of parents – a person born in North Borneo after Malaysia must be federal citizen.

Point 11: Tariffs and Finance

North Borneo should retain control of its own finance, development and tariff, and should have the right to work up its own taxation and to raise loans on its own credit.

Point 12: Special position of indigenous races

In principle, the indigenous races of North Borneo should enjoy special rights analogous to those enjoyed by Malays in Malaya, but the present Malays’ formula in this regard is not necessarily applicable in North Borneo.

Point 13: State Government

a) the Prime Minister should be elected by unofficial members of Legislative Council.

b) There should be a proper Ministerial system in North Borneo.

Point 14: Transitional period

This should be seven years and during such period legislative power must be left with the State of North Borneo by the Constitution and not be merely delegated to the State Government by the Federal Government.

Point 15: Education

The existing educational system of North Borneo should be maintained and for this reason it should be under state control.

Point 16: Constitutional safeguards

No amendment modification or withdrawal of any special safeguard granted to North Borneo should be made by the Central Government without the positive concurrence of the Government of the State of North Borneo.

The power of amending the Constitution of the State of North Borneo should belong exclusively to the people in the state. (Note: The United Party, The Democratic Party and the Pasok Momogun Party considered that a three-fourth majority would be required in order to effect any amendment to the Federal and State Constitutions whereas the UNKO and USNO considered a two-thirds majority would be sufficient).

Point 17: Representation in Federal Parliament

This should take account not only of the population of North Borneo but also of its seize and potentialities and in any case should not be less than that of Singapore.

Point 18: Name of Head of State

Yang di-Pertua Negara.

Point 19: Name of State

Sabah.

Point 20: Land, Forests, Local Government, etc.

The provisions in the Constitution of the Federation in respect of the powers of the National Land Council should not apply in North Borneo. Likewise, the National Council for Local Government should not apply in North Borneo.

http://en.wikipedia.org/wiki/20-point_agreement_%28Sabah%29

Lessons from Manohara

By Deborah Loh
thenutgraph.com

Beware the big bad wolf (Ralf Kraft / Dreamstime) BACK in May and June this year, the story of Indonesian teen model Manohara Odelia Pinot and her escape from her Kelantanese prince husband dominated headlines for its sensationalism and high drama. Who could resist a real-life soap opera with allegations of mental and physical abuse by a prince on his 17-year-old bride?

Beyond the drama, it was also possibly the first time that many, especially non-Muslims, learnt that under syariah law, a husband could order his wife to return to him. This was what Tengku Muhammad Fakhry Sultan Ismail Petra, 31, did on 5 July 2009, asking Manohara to be loyal to him and to repay a debt of RM972,750, which he later revised to over RM1 million.

More importantly, what was not revealed in the media scripts about a teenage beauty escaping from the clutches of a purportedly evil prince was that beyond Manohara, a particular trend has been developing in syariah law. The number of applications for "perintah kembali taat" by husbands against wives has been on the increase in recent years, observes syariah lawyer Saadiah Din. And wives who don't return to their husbands within a stipulated time can be declared nusyuz by the syariah court. In Bahasa Malaysia, nushuz is translated as derhaka: disloyal, rebellious or treacherous.

Safeguard for husbands

Once a little-known application in Islamic law, more men are requesting the syariah courts for such an order to forestall the consequences of a subsequent divorce.

While Saadiah points out that it is illogical to demand loyalty from a wife who has valid reasons to leave her marriage, Malaysian Syariah Lawyers Association (PGSM) deputy president Musa Awang says it is necessary as a safeguard for husbands.

He concurs with Saadiah's observation that the number of perintah kembali applications has increased. Although no statistics are available, he says they have grown since 2005, owing to greater awareness among men about the law. Some in the syariah legal community have in fact made concerted efforts to promote the application, he adds. This, Musa says, was in response to complaints by men who were separated from their wives for a lengthy period until their divorces were finalised.

ManoharaWithout a nusyuz declaration, should the divorce take place many years after the estrangement, the husband would still have to pay nafkah or maintenance for the interim period of separation. Conversely, a nusyuz wife would not be entitled to receive maintenance. And if the couple divorces eventually, the wife forfeits her right to receive the backlog of nafkah from the time she was declared nusyuz until the divorce is finalised. An unrepentant wife can also be punished with a fine for disobeying her husband under the Islamic Family Law (Federal Territories) Act 1984.

Islamic law stipulates that a wife is nusyuz under the following circumstances: when she withholds her association with her husband; when she leaves her husband's home against his will; or when she refuses to move with him to another home. A wife ceases to be nusyuz once she repents and obeys her husband.

These circumstances are identical under Section 59 of the Islamic Family Law (Federal Territories) Act 1984, and Section 60 of Selangor's Islamic Family Law enactment. In both laws, the clear benefit for a man to have a nusyuz wife is that he is exempted from paying his wife's maintenance for so long as she holds that status.

Musa says this is a "safeguard" for husbands until divorce is finalised, especially if wives have dishonest reasons for leaving a marriage. Jemaah Islah Malaysia (JIM) president Zaid Kamaruddin agrees with Musa that the law on nusyuz should be maintained because obedience is "part and parcel" of Islamic marriage.

Un-Islamic?

Saadiah, however, argues that forcing someone to be loyal to another is un-Islamic. "I usually decline clients who want to file for perintah kembali," Saadiah tells The Nut Graph in a phone interview. "I believe nusyuz should be repealed from enactments because the idea of forcing someone is un-Islamic."

In most cases, if a wife has reached the point of leaving her husband, there would be little to compel her to remain married. Saadiah cites domestic violence or a man's unfaithfulness as legitimate reasons for a wife to leave a marriage.

Perintah kembali and nusyuz can also be abused by husbands to shortchange wives who are survivors of domestic violence, Saadiah notes. Women who cannot immediately afford to hire a lawyer may move out of the marital home first, and it is while they are looking for legal aid that the husbands file to demand their loyalty, she adds.

But Musa argues that under the law, the syariah courts will not declare a wife nusyuz if she has valid reasons and presents these in court. These include being abused, being denied her dues as a wife as required under Islamic law, or if the husband becomes polygamous without her permission.

Zaid KamaruddinAdds JIM's Zaid: "The husband's responsibility is to provide nafkah; and on the wife's part, she is to be obedient. But it is conditional obedience according to other laws in Islam. If she says she is abused, she must prove it."

Responding to Saadiah's contention that nusyuz declarations ought to be abolished, Musa says, "The wife will get her chance to defend herself and make counter-claims. The court will not declare nusyuz right away upon the husband's application." In most defences by wives, a divorce application is included, he notes.

Musa also claims that more often than not, the court rejects the husband's perintah kembali application and does not issue a nusyuz declaration on the wife. "In about 60% of cases, the wife has reasonable grounds to leave the marriage," Musa admits. He says a declaration is usually issued when the court hears the husband's application and the wife is absent in court despite being summoned.

Shared responsibility missing

But apart from the fact that the syariah courts in Malaysia have been ever so slow in dispensing justice to Muslim women, a larger problem prevails. Sisters in Islam legal officer Nazreen Nizam notes that the shared responsibility for a marriage is not reflected in the law when it comes to nusyuz, even though the Quran addresses circumstances where husbands are nusyuz, too.

Justice should also be in the text of the law, and not just at the court's discretion, argues Nazreen, who also supports the abolishment of the clauses on nusyuz for wives.

"It is not enough to say that the court will allow the wife to give her defence," she says. "Why does the law only address nusyuz for the wife and not for the husband? The Quran talks about the husband being nusyuz and lays responsibility for a marriage on both parties; so in the law, he should be equally liable to nusyuz."

Musa AwangWhile Musa contends that a nusyuz declaration only affects nafkah and not the woman's right to custody and matrimonial property after the divorce, Nazreen paints a different picture. A nusyuz wife can affect the court's perception when deciding the division of assets, she says. "It stigmatises the woman and has bearing on the court's decision."

As such, a nusyuz wife, if she fails in her defence against her husband's perintah kembali order, is victimised a second time if the court's judgement on the divorce is coloured by her status.

Tengku Fakhry's application for Manohara to return to him is expected to be heard later this year in 2009, according to news reports. Separately, in the civil court, the prince has also sued his wife and her mother for RM105 million for defamation.

The truth about Manohara's claims aside, her riveting tale has highlighted an application under Islamic law that is gaining in popularity among Muslim men. And perhaps more critical than the story of a young beauty escaping her prince is the problematic application for nusyuz in Malaysia — no less, it would seem, because of its selective interpretation of the Quran.

“Dr Death” drops bombshells at Teoh inquest

Thailand’s most senior forensic pathologist, the reknown Dr Pornthip Rojanasunand, has dropped some bombshells at the Teoh Beng Hock inquest this morning.

Dr Pornthip is the Director of the Forensic Science Institute, Ministry of Justice, in Bangkok - Photo credit: thaitsunamihelp.org

This is the latest via Twitter from Malaysian Insider:

• Court allows Dr Pornthip to examine Teoh’s shoes to confirm her hypothesis that he was dragged before falling to death.
• Coroner’s court breaks for lunch and will resume at 2pm.
• DPP Kevin Morais, acting for the MACC, asks Dr Pornthip to clarify definition of strangulation.
• Dr Pornthip says Teoh’s death is 80pct homicide and 20pct suicide.
• Dr Pornthip confirms that Teoh was alive when he hit the ground but may have been unconscious even before falling.
• Dr Pornthip says skull fracture not typical of injury from fall but more compatible from blunt force applied directly to the skull.
• Dr Pornthip notes round marks on Teoh’s neck could mean ‘manual strangulation’ with fingers.
• Dr Pornthip says injury to Teoh’s anus caused by penetration with object before fall, based on pictures taken from death site.
• Dr Pornthip gives a graphic power point display based on a post-mortem pictures to show & explain Teoh’s injuries.
• Dr Pornthip tells court not all injuries on Teoh’s body consistent with fall from a height.
• Dr Pornthip explains her views are based on Teoh’s autopsy report.
• Questioned by Malik, Dr Pornthip says Teoh died from a fall about 6am to 8am on July 16, 2009.
• Dr Pornthip tells court she has conducted more than 10,000 autopsies, of which about 100 dealt with fatal falls from a high place.
• Court resumes with Dr Pornthip taking oath at witness box.
• Teoh Beng Hock’s parents, elder brother & younger sister in court to hear Dr Pornthip’s testimony.
• Court stands down until 10.15am to set up equipment for Dr Pornthip’s evidence, expected to last an hour.
• Selangor lawyer Malik Imtiaz Sarwar introduces Dr Pornthip as expert witness for the inquest.
• AG’s lawyer Tan Hock Chuan introduces UKM forensic chief Prof Shahrom Abd Wahid to sit in for back-up explanation.
• Court sets up projector system in front of witness box for evidence from Dr Pornthip.
• The Selangor government has engaged Dr Pornthip to testify as expert witness.
• Famous Thai pathologist Dr Pornthip Rojanasunand to testify today. She worked on Asian Tsunami victims & David Carradine’s death.
• Coroner’s court resumes hearing on Teoh Beng Hock’s death today.

Exploring new rights and responsibilities

The Star
Comment by Prof Shad Saleem Faruqi

The newly-amended Universities and University Colleges Act is to provide students with more political space, but they are still prohibited from joining any political party and unlawful organisation.

DISCIPLINARY proceedings are reported to be pending at the Universiti Malaya (UM) against eight students who invited MCA and DAP politicians for a debate at the university without the prior permission of university authorities.

The UM cases are bound to test the extent and efficacy of the much-heralded amendments to the Universities and University Colleges Act passed by Parliament early this year.

One of the aims of the new law is to provide students with more political space, to trust them with more freedoms and to balance the might of university authorities with the right of university students.

Freedom of association: prior to the 2009 amendments, students were banned from joining any organisation outside or inside the university without the university’s prior permission. Under the new Sections 15(1) and (2) students are now entitled, individually and in groups, to “become a member of any society, organisation, body or group of persons” without the need for prior permission from anyone.

Hundreds of social, youth, human rights, consumer and women’s organisations and NGOs, whether national or international, are now within the reach of our students. However, this right to associate is subject to three exceptions.

Students are still prohibited from joining:

a) any political party;

b) any unlawful organisation; and

any organisation, body or group of persons which the minister has specified in writing to the vice-chancellor to be unsuitable for the interests and well-being of the students or the university.

Previously every affiliation was prohibited unless it was explicitly permitted; now every affiliation is permitted unless it is explicitly prohibited. A sea-change in the law has indeed taken place.

Serving politicians and working adults who enrol at universities to further their education may seek exemption from the vice-chancellor to be allowed to continue their political affiliation: Section 15(4).

Freedom of speech: the scope of freedom of speech has been expanded greatly. Previously students were forbidden from expressing any support for, sympathy with or opposition to any political party.

Under the new Section 15(6), students can make statements on any academic matter on which they are engaged in study or research. They can express themselves freely at seminars, symposiums or similar occasions, provided such occasions are not organised by the three categories of organisations listed in Sections 15(1) and (5).

Members of the committee who drafted the proposals for the minister were of the view that the new Section 15(6) was broad enough to permit student interaction with politicians and political parties on academic occasions.

Unfortunately, there is an omission in the law in that there is no express mention of who should do the inviting of outsiders for such academic occasions. Can the newly empowered students act on their own initiative, or must the invitation come from university authorities? This issue is at the heart of the proceedings at the UM.

We have to look to the internal statutes, rules and regulations of each university.

It is reasonable to argue that as universities are owners of their premises, they have a right to determine who is licensed to enter or not. They have a right to enforce public order and security requirements.

However, unlike private owners of land, universities are public bodies and must, therefore, use their discretion legally and act in good faith. They have a duty under Article 8 of the Constitution to treat everyone equally and to be impartial in granting or refusing permission to student invitees.

Any breach of this duty is likely to result in judicial review. For this reason, it is advisable for all universities to draw up clear guidelines for handling student invitations to luminaries from outside the campus.

Suspension of student organisations: previously, vice-chancellors had wide and summary powers to suspend or dissolve student organisations.

Now, suspension or dissolution of a student organisation must be preceded by a prior hearing: Section 16(1). Appeal to the minister against the VC’s decision is allowed: Section 16(2).

Decriminalisation: previously if a student violated any provision of AUKU, jail sentences and fines were in place. The amendments decriminalised the offence by removing all criminal penalties and substituting them with disciplinary measures by the university.

No automatic suspension or dismissal: AUKU 2009 removes the provisions for mandatory, automatic suspension or expulsion of a student who is charged with a criminal offence, convicted of an offence, or detained or restricted under preventive detention or restricted residence laws.

The university is given discretion to handle these cases as it sees fit, depending on whether the offence is a serious, “registrable” criminal offence or a minor offence unrelated to academic character: Section 15D.

Right to education: the new law recognises that education is a citizen’s fundamental right.

Students detained under preventive detention laws are not automatically dismissed from the university. They may, with the permission of the home minister and the university senate, take their examination at the detention centre: Section 15D(4).

A student acquitted of a charge in a court of law, released from a detention order or has served out his sentence has a right to return to the university, and his absence through suspension cannot be taken into account in calculating the maximum period he is allowed to complete his studies: Sections 15D(7) and 15D(8).

If a student is suspended or excluded from a public university, he has a right to enrol in a private institution. Alternatively he may, with the permission of the minister, enrol in another public university: Section 15D.

The university’s power to revoke a former student’s degree or diploma has been greatly narrowed down and subjected to procedural safeguards for the student concerned.

New disciplinary procedures: the new law provides for oral or written representation, the right to be represented by others, and the right to appeal to the board.

Strict time limits are imposed on disciplinary authorities to complete hearings and communicate their decisions to students expeditiously, so that students can get on with their lives: Section 16B.

It is clear, therefore, that the new law seeks to enhance students’ freedoms and rights. Whether it will actually usher in an era of more open campuses will depend on how far rights are exercised with restraint, and how far university authorities are willing to accommodate the spirit of the law.

Prof Datuk Dr Shad Saleem Faruqi is Emeritus Professor at UiTM and Visiting Professor at USM.

EU Fails To Agree Climate Funds, India Seeks Aid

Sweden's Finance Minister Anders Borg at the Guildhall in the City of London September 4, 2009. Talks on a new U.N. climate deal stumbled on Tuesday when European Union finance ministers failed to agree funds for poor countries and India reiterated demands for aid to help curb its emissions. REUTERS/Chris Ratcliffe/Pool/FilesBy Pete Harrison and Marcin Grajewski

LUXEMBOURG, Oct 21 (Reuters) -- Talks on a new U.N. climate deal stumbled on Tuesday when European Union finance ministers failed to agree funds for poor countries and India reiterated demands for aid to help curb its emissions.

An impasse among finance ministers from the 27-nation EU means the issue of EU aid to developing countries - a sticking point in talks on a U.N. pact to fight global warming due in December - will be passed on to an EU summit on Oct. 29 and 30.

"It is a disappointing outcome," Swedish Finance Minister Anders Borg, whose country holds the 27-country bloc's presidency until the end of the year, told reporters after talks failed in Luxembourg.

Nine of Europe's poorer countries, led by Poland, demanded their own economic circumstances be taken into account before the EU agrees up to 15 billion euros ($22.5 billion) in financial aid for developing nations.

Developing countries say they cannot cut emissions and adapt to changing temperatures without help from industrialised nations, which grew rich by powering their industries with hydrocarbons and polluting the atmosphere.

Earlier, India's Environment Minister Jairam Ramesh rejected an Indian newspaper report that he was willing to drop a long-standing demand for foreign aid and technology as the price for accepting international curbs on India's rising emissions.

Dropping such a link would have been a big concession for the Dec. 7-18 U.N. climate conference in Copenhagen. India is the fourth biggest emitter behind China, the United States and Russia.

Ramesh said in a statement India would agree to international monitoring of emissions "only when such actions are enabled and supported by international finance and technology".

The 190-nation U.N. talks are bogged down over how to share out greenhouse gas curbs between rich and poor nations as part of an assault meant to avert ever more heat waves, rising sea levels, floods and more powerful storms.

CARBON CURBS

In Washington, Energy Secretary Steven Chu said the United States should focus on reducing its own emissions before outlining how it might place carbon tariffs on energy-intensive goods from developing countries such as China and India.

"We don't need to go there at this moment," Chu told the Reuters Washington Summit. Carbon tariffs were featured in the climate bill the House of Representatives narrowly passed in June but are bitterly opposed by developing countries.

In the debate on aid, the EU's executive, the European Commission, suggested last month the bloc provide up to 15 billion euros ($22.46 billion) a year by 2020 to break the impasse.

In business, Toyota Motor Corp said it would step up a push for gasoline-electric hybrid cars. The world's largest automaker said it aimed to sell 36,000 of its new Sai hybrid in Japan a year, taking another step towards its goal of selling 1 million hybrid vehicles a year worldwide soon after 2010.

Honda's Chief Executive Takanobu Ito, who had previously acknowledged Honda might need pure electric cars to meet tough regulations in California, told an industry seminar he would consider launching electric cars for Europe, Japan and other markets as well.

"There is no change to my view that hydrogen fuel-cell cars will in the end be proven the best," Ito said. "(But) electric vehicles will also be a core option for cars in the future."

© REUTERS 2009