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Tuesday, 22 December 2009

PRO-MINING ‘GOONS’ HARASS AND INTIMIDATE HUMAN RIGHTS INVESTIGATORS IN INDIA

SURVIVAL INTERNATIONAL PRESS RELEASE

21 December 2009


PRO-MINING ‘GOONS’ HARASS AND INTIMIDATE HUMAN RIGHTS INVESTIGATORS IN INDIA


The Dongria depend entirely on the
Niyamgiri Hills for the livelihood. ©Survival
Human rights investigators in India have been harassed and intimidated by large gangs of men apparently paid to stop any outsiders reaching the site of a controversial proposed mine in India.

The men, known locally as ‘goons’, have become increasingly active in villages around the Niyamgiri Hills, Orissa, site of a giant bauxite mine planned by the UK FTSE-100 company
Vedanta Resources. The hills are the ancestral home of the Dongria Kondh tribe, who vehemently oppose the mine.

The gangs, equipped with new mobile phones and motorbikes, harassed the investigators shortly before Pavan Kaushik, Vedanta’s head of corporate communications, wrote a letter to selected journalists.

In the letter Mr Kaushik attacked ‘foreigners’ for ‘freely moving in the region’ and
‘forcedly interacting with tribals’, alleged they were circulating ‘false information’, and asked journalists to ‘do this story’.

Two investigators from
Survival International and a human rights lawyer, Gordon Bennett, were in the Hills gathering evidence on whether the Dongria have been consulted about Vedanta’s plans. The company was recently heavily criticized by the British government, which accused it of breaking guidelines for corporate conduct and said a ‘change in the company’s behaviour’ is ‘essential.’

The Survival team and Mr Bennett were surrounded on three separate occasions by large gangs of men as they investigated the Dongria’s plight. Some of the men were armed with axes, and attempted to take the team’s notebooks and cameras.

Mr Kaushik’s letter also invites journalists to contact the regional Superintendent of Police, who is named as ‘available for interview’. The Dongria and their supporters in India have long accused the local police of acting at Vedanta’s behest. The police were sent late at night to a hotel where they believed members of the Survival team were staying.

Despite the harassment, the Survival researchers and Mr Bennett eventually evaded the ‘goons’, and visited several of the Dongria villages likely to be affected. One of the team, Dr. Jo Woodman, said today, ‘These men have taken it upon themselves to put the Dongria under siege. They are trying to keep outsiders from hearing the strength of the Dongria’s resistance, but they failed: all the Dongria that we met were united in their determination to save their sacred mountain.’

One Dongria elder told the team, ‘Vedanta wants to take our bauxite, but we will not let them take it. We are all together – you and me. Like this we are strong. But if one of us falls we all will fall. You have the language. You can carry our voices to the outside – we cannot do that without your help.’

Mr Bennett and Dr. Woodman are available for interview.


To read this story online: http://www.survivalinternational.org/news/5373

Poor & Homeless Indians, denied DBKL flats in Sentul

Poor & Homeless Indians, denied DBKL flats in the Sentul area where they have been working. For the past four months they have been living at a community hall. (Starmetro 21/12/2009 at page M4)

poor

Poor and working class Indians living among snakes, mosquitoes and centipedes.

Indians living among snakes, mosquitoes and centipedes - read the report below. (Refer The Star 21/12/2009 at page N 49). This is the continuing plight of the poor and working class Indians and what we see in the press and in these columns are just the tip of the iceberg of the problems of the poor and working class Indians – which is being ignored by the UMNO and PR governments. They do not have the political will to address these problems squarely. By highlighting these problems regularly we want to join the dots and show the big picture on these problems. We do not quite appreciate the true magnitude of the problem when we see them individually. As we highlight in our columns we want to continuously bring to the fore those individual problems reported here and there and build an aggregate picture - joining the dots.

new-scan-20091221173327-00001

AN OPEN LETTER TO THE LEADERS OF PAKATAN RAKYAT ON THE COMMON POLICY FRAME

pakatan-rakyatIt is one thing to come up with a document like the Common Policy Frame, it is another thing to realize it in practice. What really matters to the people is whether all the leaders of Pakatan Rakyat coalition really understand themselves what is contained in that document with all its implications and whether they really mean all of that.

Let me first first quote from Dato Zaid Ibrahim’s speech

“Pakatan rejects policies that allow for corruption and other financial crimes and abuse of power. In order to ensure sustainable growth, oppressive policies that had only enriched the few should be replaced with a policy that ensures that the poor are assisted regardless of race.”

And I also quote from the CPF Section (3) Social Justice, subsection (B) on religion, with a focus on para 5

3. SOCIAL JUSTICE

B. Religion
Religion and other beliefs practiced by Malaysians should form the basis of unity that is founded on good universal values.

Malaysians have almost fallen into the boiling pot of discord and tension that was caused by manipulation of religious differences.

This should not happen in a genuinely democratic Malaysia, with Islam occupying a special position whilst the rights of other religions are guaranteed.


Pakatan vows to:

…..

…….

5. Ensure suitable areas for places of worship and burial grounds for all religions.

Now let me pose this situation to the leaders of PR and see what the PR leaders would like to do on the matter. This is one issue, may not be large in its scope, but it will be telling about seriousness of the PR leaders in relation to their pronouncements in the CPF. We do not expect a written response. We are interested in seeing the CPF spirit being applied in the situation. This is a test of the pudding, so to speak. Do they really mean what they say in the CPF document or are there some fine print we may all be missing out on.

In Kuala Ketil, Kedah, a Hindu Burial Ground that has been there from before independence is on the verge of being demolished by the Kedah State PR Government because the PR government there wants to build a Kolej around it now. This is development effort, we applaud it. But it is about the method they have chosen to go about this, that raises some questions in relation to the Common Policy Frame. Basically we want to see how the Common Policy Frame relates to the needs, interests and rights of the poor and the marginalized.

1) This Hindu Burial Ground was obviously not considered for preservation at the outset of the Development project by the Kedah State PR government. Otherwise we would not have a problem here now.

Now that the CPF says - ensure suitable areas for places for burial ground for all religions. Should not the State government stop and reconsider what their decision should be now or should theyproceed with the demolishment nevertheless.

Surely “suitable areas” does not mean a definition of suitability for the developer or for the state only. Surely it must mean suitability for the people as well. Therefore the unilateral decision by the PR State Government of Kedah to demolish the existing burial grounds and to merge it with pre-existing other burial grounds is inconsistent with the CPF document. So, should the State PR government pause for a while to review the situation in light of the CPF.

This is a real opportunity for the demonstration of the inclusive values espoused in the CPF. The consideration of the interests and need of all the people and involvement of all the people in decisions affecting them is concrete expression of this inclusiveness. If this not to happen, it raises the question as to what the word “Common” in the Common Policy Frame really means – common to whom, common for what. Is it Common to the poor and marginalized as well or is that common for a select few only?

2) The Kedah State PR Government instead of resolving this issue with the proper representative Association, the Kuala Ketil Tamilar Association, it now calls it haram, (even though it has had several discussions with the association previously until a deadlock happened) is now trying to get around is offering a general offer to each of the poor families RM3,000 there to dig up the graves and move the remains over to the other pre-existing burial grounds.

This is already atrocious in itself. Now with the position of Pakatan on corruption as stated by Dato Zaid Ibrahima and let me quote

“Pakatan rejects policies that allow for corruption and abuse of power. In order to ensure sustainable growth, oppressive policies that had only enriched the few should be replaced with a policy that ensures that the poor are assisted regardless of race.” it makes it all the more urgent and necessary for the Kedah State Government to stop this corrupting act immediately and sit down with the legitimate representatives of the people there and hammer out an equitable and acceptable solution.

Does not the payment of RM 3,000 to each of the poor families while circumventing the Association not amount to corruption. When such inducements are offered to the poor, the response is a given, they are poor. This is exactly the method that has been used to usurp the basic entitlements of the poor and marginalized all these years since Independence. Give them peanuts and take away their fundamental rights.

The UMNO government used exactly this method of corruption by regularly offering inducements to the MIC Mandores and had them forsake the rights and opportunities of the Indians for the last 50+ years. This is what caused the big rebellion among the Indians. This is what the Pakatan seeks to change. So, here is an opportunity. Now what will Pakatan’s position be on this matter?

Sustainable growth and policies that ensure that the poor are assisted regardless of race surely means a permanent resolution to the question of land in so many areas relating to the Indian poor – burial grounds, places of worship, squatter settlements, Tamil schools to name the major areas. In this case, sustainable growth will translate to having a Master plan for all these issues, may be now starting with burial grounds for the Hindu dead in Kedah. This is the substance of sustainable growth – a consideration of all requirements and optimization for the various requirements at planning stages so nothing valuable is compromised, everything is considered and the

right balance is achieved.


This is our request to Pakatan. Please show us that you are serious about the Common Policy Frame. Please show us it is not just a vote-getting device. Show us now, before we vote. Show us you are different from the Barisan in Truth.

Narayanan Ganesan

Pro-Tem Central Committee Member and Advisor to the Human Rights Party

Batu Gajah Kaliaman Hindu temple to be demolished

Batu Gajah Kaliaman Hindu temple to be demolished. In the one year or so of P.R. rule of Perak land was never issued to this Hindu temple or all the other Hindu temples and in particular the 138 Tamil schools in Perak (refer Malaysia Nanban 9/12/09 page 4). And now the new UMNO Perak government wants to demolish it.

P. Uthayakumar


kaliaman

Anwar claims Hadi was misunderstood

By Shazwan Mustafa Kamal - The Malaysian Insider

Anwar (centre) says Hadi’s (right) comments yesterday were not taken in context. — file pic

SHAH ALAM, Dec 21 — Opposition leader Datuk Seri Anwar Ibrahim was forced today to play down Datuk Seri Hadi Awang’s remarks yesterday which suggested PAS was not in a hurry to have Pakatan Rakyat registered, claiming his opposition colleague had been misunderstood.

“We have to read his statement in the appropriate context because the decision to register Pakatan Rakyat was in our agreement,” said Anwar, who is also MP for Permatang Pauh.

The PKR de facto leader went through great pains to explain that a misunderstanding had happened, and that Hadi, himself and DAP parliamentary leader Lim Kit Siang had already consented to apply to the Registrar of Societies (RoS) for formal registration of the opposition coalition.

Anwar claimed that Hadi’s contention was that the detailed plans of the formalisation had not been agreed to yet and would take time.

Yesterday, Hadi had suggested that the PR coalition was in no hurry to be formally registered, in remarks that appear to indicate PAS’ ideological differences with its political partners remained an obstacle.

“We do not want to act in a hurry to register Pakatan,” Hadi said.

“Pakatan does not necessarily have to become a single party. What is important is for us to bring out what we have in common, and to put off things which we do not agree on,” he was quoted as saying after a special meeting with political bloggers yesterday.

Hadi’s remarks came just a day after the PR coalition held its first ever convention. A common policy framework was also tabled at the convention.

His comments suggested PAS may still have doubts about joining a formal coalition.

This prompted Anwar to go into damage control today.

“There was a misunderstanding here. It is not that it is to be formalised based on the preliminary terms of reference and constitution, which have not been resolved.

“So I think there’s no problem with that, because as far as we are concerned, we are committed to register,” said Anwar.

“What Hadi has said is that because whenever we try to hasten it (the registering process) the RoS will slow it down,” he said.

Anwar also added that, for the time being, PR’s focus would be to concentrate on its policies, and not the formalising of the coalition.

Lawyer for former top cop in the dock

By Debra Chong- The Malaysian Insider

KUALA LUMPUR, Dec 21 — The Sessions Court here today finally heard the trial of lawyer Rosli Dahlan, who is implicated in an ongoing corruption case against former senior cop, Datuk Ramli Yusuff.

Rosli, 48, a partner in Lee Hishammuddin Allen & Gledhill, is accused of hiding information on his assets under Section 32 (1) (b) of the Anti-Corruption Act 1997. His trial was originally fixed to begin in April last year.

Under the law, Rosli was required to fully disclose all his assets in a sworn statement to the national anti-graft body, then known as the Anti-Corruption Agency (ACA) within a certain time period.

The ACA was at the time investigating claims that former Commercial Crimes Department (CCD) chief, Datuk Ramli Yusuff, had secretly stashed a fortune worth RM27 million.

Ramli was charged in September 2007 on three counts of failing to disclose his assets, including shares worth RM154,000 in public-listed company Pemaju Industries Berhad, and Telekom.

Rosli, who was then acting for the high-ranking police officer, was brought to book in October that same year.

Ramli’s trial, in its penultimate stage, also took place today but in a separate courtroom and before a different Sessions Court judge, M. Gunalan. He is now represented by veteran lawyer Datuk Shafee Abdullah.

Ramli’s trial started on Jan 15 last year.

Justice Gunalan today fixed submissions for Feb 9 after hearing the testimony from the prosecution’s 35th witness, deputy public prosecutor Anthony Kevin Morais.

Earlier, the bespectacled Rosli stood in the dock before Sessions Court judge Abu Bakar Katar while his wife and children looked on from the public gallery.

The MACC, represented by DPP Zulqarnain Hassan, produced the first of six witnesses, Azmi Ismail, who was at the time of the charge, the ACA director.

Azmi had hand-delivered a notice issued and signed by DPP Morais on behalf of the ACA and dated Aug 24, 2007 which ordered Rosli to reveal all his assets.

But under questioning from Rosli’s lawyer, Datuk K. Kumaraendran, Azmi admitted he did not tell Rosli he was being investigated.

Upon further prodding, the graft buster testified that Ramli was regarded as a suspect in the ACA investigation. Azmi added he did not know how the investigation then was linked Rosli.

At this point, Zulqarnain objected to Kumaraendran’s line of questioning, pointing out that the law does not need the prosecution to state where the information to act came from.

But the defence lawyer countered that it was necessary.

“I’m trying to establish that they do not have any evidence to start with to confirm that Ramli Yusuff is involved in any corrupt practice.

“We’re contending that the DPP has no grounds to believe that any offences have been committed. The report did not mention Ramli Yusuff or anyone for that matter,” Kumaraendran stressed.

The judge then allowed him to continue.

Azmi admitted that Ramli’s name was never stated anywhere and action was taken based on information received from some other source.

Kumaraendran later told The Malaysian Insider that the ACA must have “reasonable grounds” to believe that Ramli could be prosecuted for an offence before they could order Rosli to disclose sensitive information because “lawyers hold other people’s property in trust”.

The trial will resume tomorrow at 9am.

Ong sets up new affairs panel, to be led by Chua

By Neville Spykerman - The Malaysian Insider

KUALA LUMPUR, Dec 21 — MCA president Datuk Seri Ong Tee Keat today announced the formation of a new party affairs management committee.

Speaking after a presidential council meeting today, Ong said the new committee is to be headed by his deputy, Datuk Seri Dr Chua Soi Lek, and four vice-presidents (VPs).

They are Datuk Seri Kong Cho Ha, Datuk Seri Liow Tiong Lai, Datuk Seri Dr Ng Yen Yen and Datuk Tan Kong Hong.

“The new committee is to look after the affairs and running of the party,” said Ong

Ong added that besides managing party affairs, the purpose of the new committee is to look into the numerous amendments to laws being proposed in Parliament.

He also announced that MCA would be shifting their focus and efforts to identifying and helping poor students at all Chinese Independent schools.

He added that the new party affairs management committee would also be monitoring the RM95 million allocated by the government to build seven new Chinese schools and relocate 13 existing schools, to ensure that the money is well spent.

Liow, who is the health minister, was among three MCA VPs who did not attend the presidential council but Ong said their absence was due to official duties overseas or that they were on leave.

“I know this will not stop many from speculating,” he said.

Among those who present was Dr Chua, who also heads a special committee set up by the central committee (CC), to work out a solution for the party to hold fresh polls.

So far, 13 CC members, among them Liow, Deputy Youth and Sports Minister Datuk Wee Jeck Seng and Deputy Higher Education Minister Datuk Dr Hou Kok Chung, have handed in undated resignation letters to party secretary-general Datuk Wong Foon Meng to pave the way for the fresh elections.

A further eight resignations are needed to fulfil the party requirement that two-thirds CC members resign before fresh elections are automatically triggered.

Dr Chua said he did not table a report at the presidential council today because the deadline for CC members to hand in their resignations is on Dec 25.

“I will hold a meeting after Dec 25 to make the necessary reports to the CC,” he said.

“I know how many more are intending to resign and what I know is what I read in the press.”

DAY 3 – 26 MARCH 2003 (Part 1)

Fernando then took the court through the testimony of Raja Kamaruddin Raja Wahid, a.k.a Raja Komando, who had, in fine detail, revealed how the conspiracy against Anwar originally unfolded and the role he was given in this whole conspiracy.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

“Ummi Hafilda is a prostitute,” said Aziz Samsuddin

Day three of Anwar Ibrahim’s appeal hearing at the Kuala Lumpur Appeal Court hit a high note today when Christopher Fernando read out transcripts of the previous trial that quoted Aziz Samsuddin as saying Ummi Hafilda Ali is a prostitute.

Fernando started by recapping yesterday’s proceeding where he had told the court Ummi had been disowned by the father after she confessed to writing the letter to the Prime Minister, Dr Mahathir Mohamad, accusing Anwar of sodomising Azizan Abu Bakar, one-time driver of Anwar’s wife, Dr Wan Azizah Wan Ismail.

Ummi’s father, a religious teacher, just before he died, wrote an open letter to the Harakah detailing the reasons he had disowned her and, in no uncertain terms, implicated her as the prime mover behind Azizan.

“Ummi’s father died broken-hearted without ever forgiving his daughter for the role she played in framing Anwar of sodomy charges,” related Fernando.

Fernando had earlier read out Azmin Ali’s (Ummi’s brother) testimony in court that proved she played an active role in the whole conspiracy.

The prosecution never called her to testify in court to rebut this allegation, added Fernando. Instead they expected the defence to call her. The judge, in fact, even mentioned this point in his written judgment.

“But Ummi would have been a hostile witness so it should have been up to the prosecution and not the defence to call her,” argued Fernando.

Fernando said that the court should have invoked Section 114 (g) of the Evidence Act on the prosecution for failing to call a most crucial witness to testify in court.

Fernando then took the court through the testimony of Raja Kamaruddin Raja Wahid, a.k.a Raja Komando, who had, in fine detail, revealed how the conspiracy against Anwar originally unfolded and the role he was given in this whole conspiracy.

“The evidence of this witness will show he was invited to join the conspiracy with a view to topple the Deputy Prime Minister,” said Fernando.

“The meeting was held in the office of Aziz Samsuddin, the Prime Minister’s Political Secretary, on 26 June 1998.”

In the meeting, revealed Fernando, Aziz confirmed that Ummi and Azizan would pose no problem as “Ummi is a prostitute”.

Raja Komando then asked Aziz whether there was any other way to bring Anwar down.

According to Raja Komando, “Aziz replied sodomy would be the best way. Other ways would have no affect.”

“Raja Komando’s role was to manage the political assassination part of the exercise,” added Fernando. “The sodomy allegation was assigned to Ummi and Azizan.”

“Raja Komando was to disseminate the allegation as far and wide as possible. He was also to spread word that Anwar is a CIA agent.”

From what Fernando told the court today, it was clearly established in the meeting Raja Komando had with Aziz Samsuddin that he (Aziz) was the Chief Conspirator and that, while Ummi had written the purported “Azizan” letter to the Prime Minister accusing Anwar of sodomy, Aziz was the one who had edited and redrafted it.

The letter, Fernando said, was based on the book “50 Reasons Why Anwar Cannot be PM” - which somehow found its way into the attaché bags of almost 2,000 delegates at the Umno General Assembly that year.

“The judge did not give this evidence the weight it deserved,” argued Fernando. “He erred, grossly.”

“If he had given the evidence the weight it deserved, would he have arrived at the judgment he did?”

Gag order on Penang BN chairman issue

(Bernama) - Prime Minister Najib Abdul Razak has issued an order to all Barisan Nasional parties to stop debating the attempt by Penang Umno to force Gerakan to give up the state BN chairmanship.

“No more debates about this,” was Najib’s reply to questions from journalists on the matter, which had been hogging the pages of almost all major newspapers in the country.

Najib, who is also the BN chairman, said this after chairing the sixth Malaysian Aerospace Council meeting here today.

On Saturday, the Penang Umno liaison committee said the state BN chairmanship, currently held by Gerakan, should be given to Umno, the largest political party in the country, as it had more seats in the Penang state assembly than Gerakan did.

But Gerakan refused to give in as it felt that it was the prerogative of the BN chairman to decide on the matter.
Minister in the Prime Minister’s Department and Gerakan president Tan Sri Koh Tsu Koon is presently the state BN chief.

Yesterday, speaking to reporters at a function in Shah Alam, Najib said the state Umno’s request was merely a view and that any decision taken on the matter would be in “the BN spirit of consensus.”

People want MACC to catch big fish, not small fry

(The Star) - The time has come for real action from the Government to fight corruption instead of pussy-footing around, said Transparency International Malaysia president Tan Sri Dr Ramon Navaratnam.

He said if the Government continued talking without real action, people would get frustrated and disillusioned and eventually they would lash back via the ballot box.

“Don’t pussy-foot,” he said when commenting on recommendations in fighting graft at the two-day Government Transformation Pro gramme open day last week.

Many members of the public who attended the programme had questioned why the Malaysian Anti-Corruption Commission (MACC) was only interested in catching the “small fry” and did not seemed to be interested in catching the jerung (sharks).

Corruption Lab leader Datuk Hashim Nordin, who is special officer to Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz, in his reply had said it was a lot harder to catch the big fish as they tended to be more sophisticated and more professional in their acts.

Ramon said the programme had generated some good recommendations, including calls for the MACC to investigate politicians and businessmen and those who were living beyond their means without waiting for public complaints and for it to report directly to Parliament.

He said the law would have to be amended quickly to reflect the Government’s urgency in fighting corruption.

He said until the “big fish” were taken to court and punished, people would continue to doubt the commission’s sincerity.

Ramon, who is MACC panel of presentation and consultation chairman, said so far no top political leaders have been charged and convicted for corruption.

Citing the Port Klang Free Zone scandal as an example, he said although former Port Klang Authority general manager Datin Paduka O.C. Phang was charged in court, she was not the real “big fish” as there were people in higher levels.

Social Care Foundation chairman Tan Sri Robert Phang concurred that in the PKFZ scandal, bigwigs were named by the Public Account Committee but none of them were brought to court.

“Those implicated must be given a chance to explain in the court, not in Parliament. The rakyat want to know the whole truth.”

He said the PKFZ scandal was an acid test for the Government and there was a need for political will to be executed without fear and favour.

Malaysian Crime Prevention Foundation vice-chairman Tan Sri Lee Lam Thye also said that despite many Government announcements to fight corruption, the people have yet to see real results.

Form Royal Commission On Dr M’s ‘Squander

From Malaysia Kini

Prime Minister Najib Abdul Razak should set up a royal commission of inquiry to determine if his mentor, Dr Mahathir Mohamad, had ‘burned’ RM100 billion on grandiose projects and corruption during his 22-year reign.

In making this call, DAP stalwart Lim Kit Siang termed it as an issue of pressing national interest and importance.

Furthermore, he said the move will also reflect on Najib’s commitment to ‘combating corruption’ in his Government Transformation Programme (GTP).

“Will there be any cabinet minister who dare step forward to support such a royal commission of inquiry?” he asked in a statement.

The veteran politician was commenting on the book penned by former Asian Wall Street Journal managing editor Barry Wain, titled ‘Malaysian Maverick: Mahathir Mohamad in Turbulent Times’.

Lim said Mahathir should declare whether he would co-operate with such a commission of inquiry to prove that Wain is wrong in blaming him for the legacy of “wasting or burning up” RM100 billion in his long tenure as the fourth prime minister, which works up to an average of RM5 billion a year.

Will the book be banned?

Meanwhile, the opposition leader also asked why the government was holding up 800 copies of the book for more than three weeks.

“There can be no doubt that Mahathir and Najib would have already read the biography.

“Is either of them objecting to the release of the biography and want it banned like Mahathir’s ‘Malay Dilemma’ when it was first published in 1970? This will be the irony of ironies,” he said.

Lim noted that in this Internet era, which is very different from four decades ago in 1970, any ban or censorship of Wain’s new biography will make it even more popular among Malaysians.

He also pressed Mahathir to reveal his thoughts on the matter.

“What is Mahathir’s stand on whether Wain’s new biography on him should be released to the Malaysian public without any more obstacles from the authorities in Malaysia?

“If Mahathir thinks that he has been defamed or maligned by Wain in the new biography, he should avail himself of the legal process to clear his name and reputation and not to support any ban or censorship of the book,” he added.

In his book, Wain penned that the Mahathir administration, which took office in 1981 with the slogan, ‘clean, efficient, trustworthy’, was almost immediately embroiled in financial scandals that “exploded with startling regularity.”

By the early 1990s, he said, cynics remarked that it had been “a good decade for bad behaviour, or a bad decade for good behaviour.”

Press Release: Court of Appeal decision counter-productive

ImageThe Malaysian Bar is disappointed with the Court of Appeal’s ruling last week that the Malaysian Anti-Corruption Commission can question witnesses beyond office hours. The decision, which overturns the High Court’s earlier ruling, is inimical to the protection of witnesses, who have the right to refuse to be interrogated outside of office hours.

The relevant legislation should be interpreted in accordance with the Federal Constitution’s provisions that protect an individual’s fundamental liberty, and in a manner that safeguards human rights and improves the practices of the law enforcement agencies.

We reiterate our position that the High Court’s decision does not preclude witnesses from being interrogated outside of office hours if the witnesses agree to do so, and attend the interview with their legal counsel. The Court of Appeal’s decision, however, condones the MAAC’s practice of compelling witnesses to appear and be questioned, including for long periods of time that stretch beyond office hours, with no option for them to decline.

Witnesses who aid law enforcement agencies in investigations should surely, at a minimum, be accorded the same protection and rights as accused persons, whose right to be allowed adequate rest is guaranteed by Rule 20 of the Lockup Rules 1953. Witnesses would then be encouraged to be forthcoming in assisting with investigations, as they would have no reason to fear the interrogation process or dread being unduly detained for long and unreasonable hours.

It is essential that witnesses, whose testimonies are important in court hearings, not face any actual or perceived intimidation, pressure or coercion during the interrogation process.

We urge the Government to take immediate steps to protect the rights of witnesses and to promote transparent and accountable investigations, which, in the long run, will enhance the credibility of the law enforcement agencies.


Ragunath Kesavan
President
Malaysian Bar

RM 50m RMAF engine “disappears,” despite “fullproof” system

by Nathaniel Tan

I really wish I could find that clip on Youtube.

You ever watch the (eminently enjoyable) Hunt for Red October?

Remember one of the final scenes? Where the Secretary of Defense or something is settling matters with the Soviet ambassador?

Even though it doesn’t catch the fun acting, I’m eminently grateful to Drew, who transcribed:

Ambassador: There is another matter… one that I’m reluctant to…

Secretary: Please.

Ambassador: One of our submarines…an Alfa… was last reported in the area of the Grand Banks…. We have not heard from her for some time.

Secretary: Andrei. (look of disbelief) You’ve lost another submarine?

But of course, tragicomically, truth is stranger than fiction.

In beloved Malaysia, Porsches get stolen from police compounds, and fighter jet engines mysteriously disappear from RMAF bases.

Zahid:

“The investigations revealed RMAF’s logistics system was full-proof. However, the shady activity might have been carried out staff in the lower rungs in cahoots with outsiders,”

Aha!

First, credit to the Bernama reporter who wrote “full-proof,” and the editor that ‘caught’ it. (Perhaps the kind editors at MK should also go through the mistakes in that article again).

a) I wouldn’t be surprised if that’s how Zahid would’ve spelt it, given the chance
b) It’s probably more accurate, in that the BN government is truly incapable of being “fully” there. Or perhaps, no matter how much corruption it eats, it is never “full.”

Also: it appears that some staff were carried out along with the engine during the operation? :|

But grammar Nazi-ism aside, you really have to love Zahid’s reasoning: “RMAF = foolproof, which must obviously be why, low ranking staff and ‘outsiders’ managed to break into it.”

Sigh. Usually foolproof means even a fool can understand and use something. In this case, it probably means even a fool could have walked in and stolen a RM 50 million engine.

RM 50 million of our money. Gone. Just like that.

Does he expect us to believe that the only people who got rich off this affair were a few corporals and ’shady outsiders?’

I think that our mighty submarine, the KD Altantuya, clearly shows that no arms deal of that scale goes down in Malaysia without some fat honcho getting fatter over it.

Fullproof indeed :P

Monday, 21 December 2009

Iran opposition calls for mourning

Opposition leaders urged supporters to attend Montazeri's funeral in the city of Qom [Reuters]

Iran's opposition leaders have called for a day of mourning following the death of Grand Ayatollah Hossein Ali Montazeri, a senior cleric who was a fierce critic of the current government.

Mir Hossein Mousavi and Mehdi Karroubi, two of the defeated candidates in June's disputed presidential poll, urged their supporters to attend the funeral on Monday, according to a statement on Mousavi's Kaleme.org website.

The 87-year-old Montazeri was an architect of the 1979 Islamic revolution but fell out with the present leadership.

He lived in the city of Qom, which lies south of Tehran, and was referred to as the spiritual leader of the opposition after the country's recent disputed election.

"Following a call by some grand ayatollahs to mourn the death ... we announce tomorrow, Monday, December 21, a day of public mourning," Mousavi and Karroubi said in a joint statement.

"We invite all saddened religious people mourning the death of this pride of the Shia world to take part in the funeral of this legend of endeavour, jurisprudence and spirituality."

Burial ceremony

Montazeri will be buried in the shrine of Masoumeh, a revered Shia figure, in Qom, his office said.

"He didn't fear expressing his views, critical of the current supreme leader or the policies of the government"

Baqer Moin,
Iranian journalist and author

Foreign media are banned from covering the ceremony.

"Thousands of people from Isfahan, Najafabad, Shiraz and other cities have left for Qom to take part in his funeral," Parlemannews.ir, the website of the parliament's reformist faction, reported.

Videos posted on the internet purported to show hundreds of Montazeri's supporters taking to the streets of Najafabad, his birth town, to mourn his death.

Shops in the town were closed and cloaked in black cloth pinned with pictures of the late cleric.

Baqer Moin, an Iranian journalist and author, told Al Jazeera that Montazeri's absence would be "greatly felt across the country", among people on both sides of the political divide.

"He was the most heavyweight among them [the reformists]. He had great popularity because he was a humble man, he was a simple man ... and above all he was very courageous," Moin said.

"He didn't fear expressing his views, critical of the current supreme leader or the policies of the government."

Clerical critic

In August, Montazeri described the clerical establishment as a "dictatorship", saying that the authorities' handling of street unrest after the disputed re-election of Mahmoud Ahmadinejad "could lead to the fall of the regime".

Montazeri criticised authorities of their handling of the disputed election aftermath

"I hope the responsible authorities give up the deviant path they are pursuing and restore the trampled rights of the people," he wrote.

"I hope authorities ... have the courage to announce that this ruling system is neither a republic nor Islamic and that nobody has the right to express opinion or criticism," he said.

State news agency IRNA called Montazeri the "clerical figure of rioters" in its early reports of his death and dropped his clerical title of Grand Ayatollah.

Ghanbar Naderi, a journalist for the Iran Daily newspaper, told Al Jazeera: "This is huge blow to the reformist camp, because he is unreplaceable and nobody is happy to hear about his sad demise.

"He used to say that religion should be separated from politics, because in this way, we can keep the integrity of religion intact."

But Seyed Mohammad Marandi, a political analyst at the University of Tehran, told Al Jazeera in August that Montazeri said "the same thing for around 25 years".

"After his inner circle was discovered to be linked to Mujahidin terrorists based in Iraq, he was isolated by the reformists," he said.

"He is not a major player and has always been very critical," Marandi said.

'Accomplished theologian'

Ayatollah Ali Khamenei, Iran's supreme leader, offered condolences to his family, despite Montazeri criticising him and questioning his credentials for being the country's highest religious authority.

"He was an accomplished theologian and a prominent teacher who spent a large part of his life for Imam's [Khomeini's] cause," he said in a statement carried by state television's website.

Montazeri had at one time been expected to succeed Khomeini, but he fell from favour in the 1980s.

The cleric had long been critical of the concentration of power in the hands of the supreme leader and called for changes to the constitution, which he helped draw up after the 1979 Islamic revolution, to limit his authority.

Source: Al Jazeera and agencies

Kedah PAS now uses Hindu Sangam mandores to legitimise demolishment of Hindu cemetery

Media Statement (21/12/2009)

Kedah PAS now uses Hindu Sangam mandores to legitimise demolishment of Hindu cemetery

This morning 21/12/2009 Mr. Manigan Varathan (Raj) informed us that yesterday 70 remaining hindus have refused to relocate their ancestors remains from the Ladang Pekaka, Kuala Ketil cemetary to another graveyard.

The PAS “for all muslims” only managed to take advantage and “bribe” 15 hidus last weekend through their PKR Indian Exco Mandore who took away the remains of their ancestors @ RM 3, 000.00 per poor and working class Indian who were allured into the same.

Instead this PAS Menteri Besar is to meet the Hindu Sangam mandores called Mogan Shanmugam and others at 2.00 p.m today (21/12/2009) who without consent of all the affected parties is expected to perform some prayers before PASs’ final onslaught in demolishing this hindu cemetery. For this mandor’s “good” job, PAS Kedah is expected to reward this Hindu Sangam with some peanuts and chicken feet “funds”.

This is exactly the same game the UMNO regime has been playing for the past 52 years in oppressing and marginalising the Indians and now ably continued by PAS “for all muslims” and their allies PKR and DAP. How than are they any different from the 52 year old UMNO regime?

Our legal position is that even if one person refuse to relocate his grave (Raj) then a criminal offence is and will be committed under especially Section 297 of the Penal Code if this cemetary is demolished for any reason.

Your faithfully,

_______________________

P.Uthayakumar

Secretary General (pro-tem).

c.c:

YAB Dato Seri Haji Azizan

Bin Abdul Razak

Menteri Besar Kedah

Aras 3, Wisma Darul Aman,

05503 Alor Setar, Fax No: 04 - 7336192

Kedah Darul Aman Email: ustazizan@kedah.gov.my

Make all law breakers accountable

An employee checks US dollar bills inside a money changer in Manila, the Philippines. Money changers in Malaysia are not allowed to remit funds abroad. — Reuters pic

By S. Jayasankaran - The Malaysian Insider

KUALA LUMPUR, Dec 21 — It takes two to tango.

Over the month, it has emerged that Bank Negara Malaysia has come down on the country's ubiquitous money changers in a sweeping probe that has resulted in 41 of them losing their licences.

What was their wrongdoing? Apparently, they'd been sending money overseas on behalf of wealthy Malaysians who did not want the authorities to know that they were in the practice of doing so.

Most Malaysians know that money changers can remit funds — because of their overseas networks and the fact that they are discreet and trustworthy. Some of them are also serious players. It came to light recently that one of the largest players in the business has an annual turnover that exceeded RM3 billion.

Unfortunately for some of them, money changers are not allowed to remit funds abroad. That is the law, pure and simple. Transferring funds abroad can only be done through the proper channels, which means the conventional banking system — with all the requisite paperwork, which means, plainly, no anonymity.

And there are no restrictions on the amount remitted because capital controls were lifted almost five years ago.

What is required is compliance with the regulations, and some paperwork, as the central bank likes to know how much money leaves Malaysia shores. Indeed, Bank Negara has further liberalised Malaysia's exchange control regulations by, among other things, increasing the number of licensed remittance agents in the country.

Last week, opposition lawmaker Tian Chua revealed in Parliament that a mentri besar and two big businessmen had allegedly remitted millions abroad. Meanwhile, the wife of a senior minister allegedly received RM200,000 from a businessman through a money changer while she was on a trip to Dubai.

Chua revealed all their names, much to Parliament's consternation. The result was a deafening silence. Nobody has said anything on the matter. Neither has Bank Negara.

Many years ago, the then Inspector-General of Police attempted to defend the name of his force by asking why the public scrutinised only the police and not the ordinary man on the street who offered money to get off a transgression.

“Everyone looks at us,” he lamented. “Why not look at the giver in the same light?”

From that perspective, it is difficult to fathom the central bank's rationale in not cracking down on those who used the money changers to remit money abroad. What's sauce for the goose must surely be sauce for the gander.

It could be that they did not know that money changers cannot remit monies abroad. But, once again, the law is quite clear.

Prime Minister Datuk Seri Najib Razak's promise of a more transparent, accountable government will come to naught if the public perceives that there are two sets of laws in Malaysia — one for ordinary folks and another for the rich and powerful.

And that would be a tragedy for an administration that appears to be doing all the right things. — Business Times Singapore

Cops will extradite RPK if he is in London

By Asrul Hadi Abdullah Sani- The Malaysian Insider KUALA LUMPUR, Dec 21 — Inspector-General of Police Tan Sri Musa Hassan says the government will seek an extradition order for Raja Petra Kamarudin if the fugitive blogger is found to be living in London.

Utusan Malaysia reported the IGP as saying that the police would seek more information from their British counterparts on the matter.

The daily had reported that Raja Petra (picture) is currently taking refuge at Trinity Court apartment in Gloucester, Bayswater in London but did reveal how it got the information.

''We are going to investigate the reports by Mingguan Malaysia and ask for help from Interpol and the British government.

''If he (Raja Petra) is there, we will ask the help of the British government to get an extradition order because he must attend his court hearing,'' Musa told Utusan.

The controversial blogger disappeared when he failed to turn up in court for his sedition trial on April 23 because of what he says on his blog was his "self-imposed exile" from Selangor.

However, the police have not been able to track Raja Petra since and the blogger has been said to be in neighbouring countries including Melbourne, Australia.

Raja Petra has been a thorn in Prime Minister Datuk Seri Najib Razak’s administration, especially after the recent allegations made by P. Balasubramaniam.

In an interview on his Malaysia-Today.net news portal, the missing private investigator claimed that Najib’s architect brother was allegedly involved in the private investigator’s disappearance and a claimed payoff for his silence in the Altantuya Shaariibuu murder case.

Raja Petra has used his blog to make unrelenting attacks against Najib and his wife, accusing them of involvement in the murder of Altantuya, the Mongolian lover of the PM’s associate Abdul Razak Baginda.

He is accused of publishing the article “Let’s send the Altantuya murderers to hell” on his website.

Raja Petra was detained under the Internal Security Act last year but a court subsequently freed him.

The influential blogger also claimed he would not get a fair trial.

Decision on SIS book ban on Jan 25

KUALA LUMPUR, Dec 21 — The High Court will decide on Jan 25 the status of the banned book “Muslim Women and the Challenge of Islamic Extremism” published by Sisters in Islam (SIS).

The book was banned on Nov 5 last year on the grounds that it was prejudicial to public order.

However, SIS claimed the ban on the book was outside the ambit of the Printing Presses and Publications Act and contravened several articles in the Federal Constitution.

Judge Mohamad Ariff Md Yusof heard final submissions this morning. He will deliver his decision on Jan 25.

The book is a collection of essays by activists and international intellectuals. It was edited by sociologist Prof Norani Othman of the Malaysian and International Studies Institute, Universiti Kebangsaan Malaysia.

Taking a stand — P. Ramakrishnan

Two years ago, I remember telling the folks who turned up at our Aliran celebratory dinner that we should deny the Barisan Nasional its customary two-thirds’ majority in Parliament. That majority was denied them in the last election. If only I had known that they would take my suggestion so seriously, I would have said, “Change the government”. We would have put a stop to the rot.

By P. Ramakrishnan (President, Aliran)

Our theme this year is “The struggle must continue — change will come”. Indeed the struggle must continue. There should be no let up. Struggle we must — if we want change. There is no option if we desire change.

But there are people who want change without the struggle. They fear that there may be upheavals when we fight for change. They want the good things to happen without stirring up the pond. “Don’t muddy the waters, don’t ruffle the feathers. Let things be as they are. Change will come”. That’s what they say.

But we cannot take any more chances. We cannot tolerate another 50 years of this rotten deal that we have been subjected to. During the last 30 years, the nation was almost bankrupted by reckless extravagance; the squandering of our wealth has continued unabated in spite of the Auditor-General’s report exposing unbelievable corruption and abuse of public money year in and year out; our fundamental rights are in danger of being whittled away very soon. Justice is no longer the last bastion for a remedy.

That’s why, the struggle must continue — change will come. But change will never come without a struggle. Let’s remember that.

Frederick Douglas, one of the greatest black activists of the 19th century who presented a strong case for constant agitation against all forms of oppression, said it simply and logically: “If there is no struggle there is no progress. Those who profess to favour freedom and yet deprecate agitation are men who want crops without ploughing up the ground. They want rain without thunder and lightning. They want the ocean without the awful roar of its many waters.”

It is a fact that the whole history in the progress of human liberty shows that whatever has been achieved is the result of struggle. Nothing comes free. It is as simple as that! And there are many issues that demand that the struggle must continue. Only then will change come.

There are too many restrictions that are unfair; there are many selective prosecutions that are blatant; there are many actions against dissidents that defy the rule of law. This is why the struggle must continue. Change will come.

If you cannot march for freedom, if you can’t light a candle for justice, if you can’t wear black attire to protest the death of democracy, if you can’t fast for a cause, if you can’t do yoga for your well-being, then the struggle must continue — change will come.

As long as our courts don’t deliver justice based on the merits of the case but continue to make a mockery of the judicial system as had happened in numerous cases, the struggle must continue. Change will come.

We wonder how the Court of Appeal could deny a person the counsel of his choice as had happened to Sivakumar, the Speaker of the Perak State Assembly. It is such an elementary thing; it is a simple question of natural justice. How could the learned judge ignore this simple principle?

How could the Federal Court dismiss the appeal of the residents of Kampung Buah Pala on technical grounds when there are substantive triable issues that should have been addressed and determined?

How could the Federal Court ignore the constitutional provision regarding the separation of powers guaranteed in the Federal Constitution in the Perak crisis? And yet the High Court upholds this provision as a matter of fundamental principle in Gobind Singh’s case!

Two contradictory judgments by learned judges that defy logic and bewilder simple folks like us! There have been occasions — and they still exist — when you can predict the judgments when the panel of judges is announced!

Likewise, when the royal commission that was set up to investigate the judge-fixing scandal involving V.K. Lingam found indisputable evidence against Lingam and recommended that action be taken against him and others implicated in this sordid affair, the police and the Attorney-General surprisingly found no evidence to prosecute them! Those shockingly implicated were top people in the judicial hierarchy. All these tainted characters were cleared in spite of what the commission had established after a thorough investigation.

This is why the struggle for truth and justice must continue if we want change to come. As long as information is denied and surreptitiously hidden from the public domain so that corrupt practices will never be known or exposed, the struggle must continue.

As long as the ISA is used and abused and Malaysians are locked away without being charged in a court of law, denying them the opportunity to defend themselves, the struggle must continue.

As long as foul means are resorted to in toppling a legally elected government as had happened in Perak, thus undermining the rule of law, frustrating the will of the people, demeaning democracy and ignoring the fourth principle of the Rukunegara which upholds “good behaviour and morality”, the struggle must continue.

As long as unscrupulous politicians exploit race and religion to agitate and inflame passions and emotions for their private gain and keep us divided as a people and as a nation through various discriminatory practices, the struggle must continue.

As long as the Election Commission does not conduct free and fair elections, providing equal opportunity in radio and TV time and insisting that news coverage should be without bias, the struggle must continue.

As long as selective prosecution takes place, putting the opposition at grave risk and danger as is the case on numerous occasions involving BN opponents, the struggle must continue.

As long as those elected by the people — be they BN or Pakatan representatives — as long as they do not live up to their public pledges and betray the trust of the people and do not pay homage to truth and justice, the struggle must continue.

The struggle must continue for change to come — and it will — but only if we persist.

For that change to take place successfully, it would take all of us and the rest of those who are the silent majority to make a stand. All those well-meaning Malaysians from the whole spectrum of society must decide that they can and will change the course of our history and determine the future of this country, where all of us can live in peace and harmony — before the articulate and aggressive minority make a mess of this country for all of us.

It is time we realised that there are those who lost their freedom, there are those who gave their lives so that we can be where we are today because of their sacrifices.

In a situation as we are in now, there is no room for neutrality. In matters of right and wrong, you cannot choose to be neutral. We must take a stand. We must be on the side of truth and justice at all times so that we can have the future we want. We must stand up and speak up.

The struggle must continue. Change will come.

This is a slightly abridged version of a speech made by Aliran president P. Ramakrishnan during an Aliran celebratory dinner on Oct 24 2009 at the Moral Uplifting Hall in Penang.

RPK Speaks His Mind - My Wish for Malaysians

NO HOLDS BARRED

Raja Petra Kamarudin

Anwar Ibrahim, Jewish agent?

By Shanon Shah
thenutgraph.com


Illustration by Loh done during his BTN
course (pic courtesy of Loh Jia Liang)

LOH Jia Liang, 23, attended his Biro Tata Negara (BTN) course in April 2008. It was during the end of his second year at a Malaysian public university and after the historic March 2008 general election which reduced the Barisan Nasional's power.


Now in his fourth year, Loh is an avid graphic novel fan. After reading Persepolis, Marjane Satrapi's autobiographical series on growing up during the Iranian Islamic Revolution, Loh says he thought, "This feels like Malaysia!"

The Nut Graph sat down with Loh in Kuala Lumpur on 15 Dec 2009 to ask him what his BTN experience was like. Here is Part Two of our series on the BTN blues.

TNG: Where did you attend your BTN programme?

Loh Jia Liang: Pasir Mas, Kelantan. We were shuttled to the camp by our university's bus.

How long did the programme last?

Four days and three nights.

How many participants were there, in your estimate?

I think there were more than 100 participants. It was a bit strange. Usually in my campus, the first years have to go. But during my batch, only the Malay [Malaysian] first years went. The non-Malay [Malaysians] who went were from second year.

And it's also strange because with the Malay [Malaysians], there were both boys and girls in my programme. But there were only non-Malay [Malaysian] boys in my camp. The [non-Malay Malaysian] girls had to attend a separate camp, where there were also both male and female Malay [Malaysians].


Is BTN compulsory for graduation?
That really is strange. What would you estimate the racial composition at your particular camp to be?

I suppose it was around 80% Malay [Malaysian] and 20% non-Malay [Malaysian], which was mostly Chinese. We all believed we had to go otherwise we wouldn't be able to graduate.

Was this an official directive from your university authorities or from BTN?

No, it was just word of mouth, but word of mouth can be very powerful.

What about the BTN trainers, what was their racial composition?

There were 10 of them, and they were all Malay [Malaysian] men.

Did you know their background or qualifications?

Two of them were 30-something, and I think one of the two was a BTN staff. The rest were retired army personnel, I think.

What was a typical day like during the camp?

The non-Muslims would wake up at around 6.30am. The Muslims had to wake up earlier to go and pray. But we all assembled by 7am, like in a school assembly, to kawat kaki and sing the national anthem. After that, we all went for breakfast, and then we had to go for lectures and activities. The activities were mentally challenging, cooperative games.

Most of us were there against our will, so we decided to make the best of it. On the last day, we went trekking, and we went through a rubber estate and swamps. It was quite fun.

The lectures were boring. They were on topics such as the Rukunegara, ketuanan Melayu, and they brought in some external speakers for these lectures.

Did the lectures have any racist content?

During one of the night lectures, a lecturer showed a video which he said was floating on the internet. It showed a Muslim girl in a tudung hugging a dog. Of course, the Malay [Malaysian] girls among us gasped.


Anwar, agent of the Jews?
The video also went on about how (Datuk Seri) Anwar Ibrahim was an agent of the Jews. The lecturer said the purpose of the video was to show how Islam was being eroded.

How did you feel watching this video?

I was like, "Okay." But then it went on and I was just watching in disbelief. (Laughs.) The Chinese [Malaysians] just kept quiet but after the video was over we huddled and said, "What is all this!" (Laughs.)

What about the Malay Malaysian students?

They were all just watching. The atmosphere was such that it was difficult for them to show if they were disgusted anyway.

But there was nothing overtly racist against non-Malay Malaysians?

There was nothing that really criticised non-Malay Malaysians. The trainers did say that Chinese and Indian Malaysians should be grateful for sharing this land. They said we had to be thankful to the Barisan Nasional. I suppose they couldn't go overboard because there were a few non-Malay [Malaysians] there.


Trainers in BTN encourage gratitude
towards BN (pic of Penan man courtesy
of Sofiyah Israa / Flickr)
Did the programme change you? How do you feel now?

I was indifferent after the camp. It felt like a waste of time. They should have done something inclusive, like trying to get first and second years to mix better. Our gap was not just racial — there was a gap between first years and second years, too. Almost all my friends felt the same way.

Was there inter-year or inter-racial mixing at all during the programme?

During meal times, we did talk, but only within our own groups. Not many people mixed outside their own groups. After all, there were already 10 people per group. But then after every azan, the Malay [Malaysians] would go and pray, and the non-Malay [Malaysians] were just left to do whatever [we wanted].

After this camp, at least now I smile at my juniors on campus. But beyond that, we don't talk much, because we are in different years, doing different courses.

Was there anything good about it?

I thought the activities were interesting and engaging. They weren't racist. The lectures were boring — I doodled and drew most of the time. I mean, if I listened then I would only be bored and irritated so it was better to just let my mind wander.


"It's like history all over again," says the boy illustrated by Loh in his BTN notebook (pic courtesy of Loh Jia Liang)

Did you need to do anything by the end of the programme, such as a test or a pledge?

No, but we were given a certificate at the end of the camp. This certificate was very important, because if we didn't get it or lost it then we might have to attend the programme again. Then how?

Najib should set up Royal Commission of Inquiry to investigate whether Mahathir had “wasted or burned up” RM100 billion on grandiose projects and corr

By Lim Kit Siang

Why is the government of Prime Minister, Datuk Seri Najib Razak, holding up for more than three weeks the release of 800 copies of a new biography of former Prime Minister, Tun Dr. Mahathir Mohamad by former Asian Wall Street Journal managing editor Barry Wain?

There can be no doubt that Mahathir and Najib would have already read the biography, “Malaysian Maverick: Mahathir Mohamad in Turbulent Times”.

Is either of them objecting to the release of Wain’s biography of Mahathir and want it banned like Mahathir’s “Malay Dilemma” when it was first published in 1970? This will be the irony of ironies.

Both should know that the year 2009, very soon to become 2010, in this Internet era and age of information and communications technology is very different from four decades ago in 1970 and any ban or censorship of Wain’s new biography will make it even more popular among Malaysians.

What is Mahathir’s stand on whether Wain’s new biography on him should be released to the Malaysian public without any more obstacles from the authorities in Malaysia?

If Mahathir thinks that he has been defamed or maligned by Wain in the new biography, he should avail himself of the legal process to clear his name and reputation and not to support any ban or censorship of the book.

What is of more pressing national interests and importance is the serious allegation by Wain that Mahathir had wasted or burned up as much as RM100 billion in his 22 years as Prime Minister on grandiose projects and corruption – working out to an average of some RM5 billion a year during the Mahathir premiership.

What Najib should do is to set up a Royal Commission of Inquiry to investigate whether Mahathir had “wasted or burned up” RM100 billion on grandiose projects and corruption in his 22 years as Prime Minister, as this will also reflect on Najib’s commitment to frontline “combating corruption” as one of the seven agenda-setting key performance indicators (KPIs) and National Key Results Area (NKRA) in his Government Transformation Programme (GTP).

Will there be any Cabinet Minister who dare to step forward to support such a Royal Commission of Inquiry?

Mahathir should declare whether he would co-operate with such a Royal Commission of Inquiry to prove that Wain is wrong in blaming him for the legacy of “wasting or burning up” RM100 billion in his long tenure as the fourth Malaysian Prime Minister.

Missing Aircraft Engine, No Cover Up, Says Najib

PUTRAJAYA, Dec 21 (Bernama) -- The government has no intention to cover up the case of the missing aircraft engine belonging to the Royal Malaysian Air Force (RMAF), Datuk Seri Najib Tun Razak said on Monday.

The prime minister said that a police report was lodged when the Defence Ministry realised the incident which happened during his time as minister in charge.

"In fact we went forward to the police. At that time I was the minister in charge. I decided we should report it to the police," he told reporters after chairing the Malaysian Aerospace Council meeting here.

Najib was commenting on the case of the missing RMAF F-5E fighter jet engine in 2007, which was sold to an international company based in South Africa.

On the brigadier-general who was sacked but who retained his pension, Najib said it depended on what he had done wrong and it was up to the Air Force and the Armed Forces to decide on that.

"We wait until the full report comes out because we have cooperated with the police," he said.

Knowing the nation’s charter

The Star
By PRIYA KULASAGARAN

ImageDue to its complexities, the Federal Constitution has not been of concern to most people. However, an ongoing campaign to detail its contents in simple language may spark an interest in the document.

WHILE it is said to represent the will of the people, discourse on the Federal Constitution tends to be limited to lawyers and academics. The most important legal document in the country has been amended over 600 times, yet many citizens lack even a basic understanding of its contents.

With this in mind, the Bar Council has embarked on its MyConstitution campaign, a two-year programme which aims to dissemate information about the workings of the law and rights to the general public.

“The idea is to empower people with knowledge of how their country is governed,” explains Bar Council committee member Edmund Bon Tai Soon.

“The campaign will unfold in nine phases, with each phase reaching the public through informational pamphlets.”

Called the Rakyat Guides, the first in this series of pamphlets deals with the Federal Constitution, drumming home the message that it is the supreme law of the land.

Colourful and handy enough to fit in one’s back pocket, the guide details the mother of all laws in simple and plain language.

“The Constitution is a thick and legalistic document that even lawyers are afraid of,” says Bon.

“So we distilled it right down to the basic facts, which are much easier for the average person to digest.”

Those who are averse to reading may benefit from the campaign’s “Rakyat Service Announcements”, which are one-minute advertisements on the Constitution.

“We also have a team promoting the campaign on the Internet, through channels such as YouTube and Twitter.

“Anything that can help us keep the momentum up for two years, we’ll be on it,” says Bon, proudly adding that the MyConstitution Facebook page has garnered over 3,000 friends thus far.

Timing

Bon jokes that he never expected such overwhelming response, as the Bar Council’s previous efforts have bordered on the controversial.

“Despite that baggage, we’ve had a lot of demand for workshops and interest in general has been high.

“I have yet to hear a word against this campaign, which is quite rare for our events!”

Even so, with the country still dealing with the aftershocks of last year’s general election results, this crash course on our legal framework seems all too timely.

“We don’t deny that the election played a role in the launch of MyConstitution,” says Bon.

“Issues that have previously been on the backburner, such as democracy, language, special privileges, race and religion, are now very much in the forefront.

“Also, with the current political landscape and the strained relationship between the federal and state governments, people want to understand where the demarcation of power lies.”

He is quick to point out that the campaign is non-partisan, and aims to work with relevant ministries, non-governmental bodies and even corporate companies.

“Basically, we want to work with all sectors of society.

“Before we ran the programme, we had series of public consultations where people could just walk in to take part in discussions.

“At the minimum level, every person said that they wanted to learn about the constitution.”

The old cliche goes that one learns best by doing.

To that effect, Bon has created two interactive workshop modules to be taken into universities and colleges.

“It may not work if students are simply told to read the guides,” he says.

“That is almost like giving them additional homework as it could be difficult to absorb the information without any sort of context.”

Called “Reconstituting Earth Version 2.0”, the workshops work to dispel any notion of boredom by getting participants to create their own society — a concept not that different from many life-simulation games on the market.

Students will then have to identify the elements necessary for this new society to work well, such as justice, fairness and human rights.

“These concepts will help them draft their own constitutions to govern their new world,” says Bon.

“These alternate constitutions will tend to be similar to our own; the participants will see that link themselves and be more prepared to claim ownership of the Malaysian constitution.”

As the campaign targets those aged between 15 and 35, there are plans to take the workshops to schools as well.

“We plan to work with the Education Ministry on this, but we don’t want to force anyone,” says Bon.

“If schools or Parent-Teacher Associations want us to run classes for them, we would be more than willing to oblige.”

While Malaysians are ever-ready to point out flaws in the way the country is run, a more productive effort may be to analyse why these problems exist in the first place.

“By comprehending the framework on which our nation was built on, people will understand the fabric of society and how we’re supposed to live together,” says Bon.

“It is not enough to demand for your rights, because you also need to know about your duties to society.”

He concedes that all nations have violated their constitutions at one point or another.

“The real question is whether there are independent courts to adjudicate such matters fairly, and if they can give effective redress.

“In Malaysia, one of the most crucial ammendments to the constitution was made in 1988, which basically made the courts subservient to the Parliament.

“In my opinion, this limited power of the courts not only affects public perception of the judiciary, but also destroys the spirit of the constitution.”

At this juncture, Bon pauses his passionate rant to say; “Of course, what I’m talking about may be complete nonsense.”

Elaborating that the constitution is open to various interpretations, he stresses the need for people to formulate their own opinions based on concrete facts.

“This is why we made sure that the Rakyat Guides are presented in a clear-cut manner, so that people can read the law to figure out issues and problems for themselves.

“If more Malaysians understand the basics, we can improve the governance of the country, because then those in power will know that they can’t mess around with the people.”

> To download copies of the Rakyat Guides and for information about the My Constitution campaign, please visit:

www.perlembagaanku.com.

Arrest of 2 distributing flyers on Anwar’s case displays severe insecurity

by Nathaniel Tan

I always get so incredibly irritated when cops arrest people for stupid reasons.

The two PKR Youth leaders detained by police here yesterday for circulating leaflets alleged to be seditious have been placed on remand for three days beginning today.

They were arrested after Friday prayers at a mosque here while circulating leaflets calling on the Kuala Lumpur Syariah Court to expedite hearing of the sodomy case involving PKR advisor Anwar Ibrahim.

I mean, what for goodness sake is seditious about flyers asking for a trial to be expedited?? What exactly is the need to hold them for 3 days again??

Such trigger happy tendencies display an over-sensitivity that I can only attribute to ridiculous levels of government insecurity over the way it is running the country, and levelling unbelievable criminal charges against political opponents.

Next thing I know, I’ll be hauled up because my book has a picture of Altantuya on it :P

"Kami mahu pulang..." - Malaysiakini

Indonesian for 'we want to go home', these are the words which visitors would often hear from residents of the Indonesian Embassy's shelter for migrant workers awaiting deportation.

indon embassy shelter bar council visit 171209 teguh hendro cahyonoAs the embassy's labour attache Teguh Hendro Cahyono pointed out, "They have been abused, physically and mentally, put to the grind like slaves, denied their rightful pay and some were raped."

But for the 100 or so Indonesian migrants sheltering at the embassy grounds in Kuala Lumpur, their real ordeal may have just begun.

For many, all they can look forward to are months of being cooped up in the crowded shelter, as Teguh explained, "We have to keep them inside the shelter, or else they will be arrested by Rela because many have no documentation."

This is while they wait for their cases to be processed and heard by the severely overloaded Malaysian judicial system.

Teguh added, "For the minor cases like those being overworked or not paid their salary, it can take several months, but the more serious cases of abuse may go on for years. The longest so far has been two years."

Homesick and without means of employment, the residents will have to suffer for months and depend upon the embassy for sustenance.

"We spend about RM5 a day on food alone. With 100 residents in the shelter on average, it amounts up to RM500 a day, RM15,000 a month and RM180,000 a year. But there are other expenses incurred as well," added the labour attache.

Lives put on hold

According to him, the embassy is currently funding the shelter and others like it, which is stretching their budget thin.

indon embassy shelter bar council visit 171209 09But more than the embassy's coffers, Teguh is worried that the long wait is causing untold opportunity costs to residents whose life will have to be put on hold.

"In the months and years that they have to wait here, their lives are on hold. Outside, they would be working to earn money and even getting married," he added.

Rumilawati, 22 arrived in Malaysia from Medan in February 2008, after being promised a job as a store assistant.

However, she told Malaysiakini that she was fraudulently brought into Malaysia with a domestic helper's permit. Worse still she never even set foot in her employer's shop.

indon embassy shelter bar council visit 171209 rumilawatiInstead she was forced to handle the dual job of domestic maid and assistant mechanic at her employer's workshop.

"In the morning I would do household chores. Later in the afternoon I have to work in my employer's workshop, repairing motorcycles and cars. I was never paid salary, not even one cent."

Rumilawati (left) escaped from her employer's clutches in September last year after eight months of torture.

Explaining her escape, she said: "I couldn't take it anymore, my employer beat me until my head was bleeding. So, I ran to the police station."

"My employer often hit me with metal tools. I was beaten every time I made a mistake or didn't know how to do something in the workshop.

"I would be beaten until my body is black and blue. My employer never once allowed me any medical attention," she added.

Homesick, Rumilawati expressed her wish to return home but the gutsy maid remains resolute to fight for her denied rights.

"I want to go home. But I must stay until my cases are tried. I must stay to fight for my rights, for my pay and compensation."

'They poured Clorox on me'

indon embassy shelter bar council visit 171209 silustari injuryMeanwhile, for 19-year-old Silustari, the coming new year will mark her fourth year in the country, having entered Malaysia from Jawa Timur when she was just 16 as a domestic helper.

"I arrived just over three years ago, I worked as a maid ever since. My employer never paid my salary.

"My body was also burned by my employer. They even poured Clorox on me," she said displaying the injuries still painfully visible on her hands and body.

Her waking nightmare finally ended when a concerned neighbour tipped off the police, after a particularly savage episode which saw her knocked out cold.

After which, the police delivered her to the care of the Indonesian Embassy where she remains to this day, while awaiting the resolution of her case.

indon embassy shelter bar council visit 171209 silustari hands"I hope that Malaysia can help us with our cases, so that we can go home sooner. It has been a long while. I miss my family."

Malaysiakini was invited to accompany a delegation from the Bar Council last Thursday, during a visit to the shelter in conjunction with International Migrants Day.

Led by the Bar Council human rights committee chairperson Andrew Khoo, the delegation spent some time with the residents of the shelter interacting with them and distributing goodies contributed by corporate sponsors.

During the visit, the Bar Council promised to make available the services of its legal aide bureau to those embroiled in legal proceedings as well as expressed its wishes to become an official observer in the joint committee on migrant affairs.

indon embassy shelter bar council visit 171209 07The joint committee is a cooperative effort by Indonesian Embassy officials and representatives from the Malaysian police, immigration, AG's chambers, Home Ministry and the Ministry of Human Resources to solve the issue of backlogged cases facing those awaiting deportation.

Originally designed for 70, the shelter typically holds 100 or more residents at a time. According to Indonesia's Minister Counselor for Information, Social and Cultural Affairs Widyarka Rynanta, more than 1,000 individuals are admitted and processed through the shelters annually.

And this is just in Kuala Lumpur alone, he said, adding that there are also similar shelters set up in Indonesian consulates in Johor, Penang and elsewhere.