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Thursday, 25 March 2010

'Diploma holder' IGP accused of perjury

By B Nantha Kumar (Free Malaysia Today)

KUALA LUMPUR: PKR vice-president R Sivarasa has accused Inspector-General of Police Musa Hassan of committing perjury during Anwar Ibrahim's first sodomy trial in 1998.

In a report filed with the Damansara Utama police station today, the Subang MP claimed that Musa, then a senior police officer who spearheaded the investigations, had told the court that he possessed a degree in law.

“In fact at the time of the trial, he possessed a diploma,” he told reporters.

"The false statement by Musa was material because it influenced his personal credibility in this judicature hearing," he added.

Sivarasa said Musa had committed an offence under Section 191 Penal Code and could be punished under Section 193.

He urged the police to conduct an investigation “without fear or favour because giving false evidence under oath was an offence”.

Contradictory statements

On Dec 14, 1998, Musa was asked by the late counsel Christopher Fernando if he had a law degree, to which Musa said he had.

He said the degree was obtained in 1983 from the University of Wales.

In a later case involving former federal commercial crimes department head Ramli Yusuf, Sivarasa said Musa testified that he had a diploma in law.

“This contradicts his statement during Anwar’s trial when he said he had a degree in law,” he added.

Sivarasa also noted that in Ramli's case, the presiding judge Supang Lian had ruled that Musa’s testimony was “unrealiable” and should be “disregarded”.

Saifuddin responds to Ibrahim Ali over link to tycoon Vincent

(Harakahdaily) - Machang MP Saifuddin Nasution said Pasir Mas MP Ibrahim Ali should first check the parliamentary hansard before accusing him of making baseless allegations.

Yesterday, Saifuddin linked Ibrahim Ali, who has been in the limelight recently over the ultra-Malay Perkasa organisation which he founded, to a gambling-related company.

While debating the royal address in the Dewan Rakyat yesterday, Saifuddin, urging the government to explain gambling licences given to Ascot Sports, a company owned by tycoon Vincent Tan, claimed that Ibrahim had shares in the company.

This is the second time this month Ibrahim found himself on the defensive over business links with people he had condemned.

A posting on Malaysia Today on March 12 by fugitive blogger Raja Petra Kamarudin shows a copy of a 2003 annual report of Dunham Bush Malaysia - a company then linked to tycoon Vincent Tan - in which Ibrahim is mentioned as one of the directors.

"Do the supporters and members of Perkasa know that Ibrahim Ali who fights against Chinese like Vincent Tan actually goes to bed with Vincent Tan?" asked Raja Petra, referring to the independent MP's attack on Tan and several other non-Malay tycoons in a recent interview with news portal Malaysiakini.

In the latest revelation, Ibrahim, saying Saifuddin had accused him of having shares in a gambling company, declared his innocence.

"Wallahi, wabillahi, watallahi (By Allah), I would swear upon the Qur'an, I have never been involved directly or indirectly in any gambling company. This is a big lie," he said, adding that he will be taking legal action against Saufuddin.

But Saifuddin today clarified that all he had said was that Ibrahim owned shares in a company owned by a gambling tycoon, and not shares in a gambling company.

"There is a difference. (He can) read the hansard because the text of my speech has been very guided," said Saifuddin.

Meanwhile, in a text message, Ibrahim, angered by Malaysiakini's coverage of the issue yesterday, denounced the reporter Salhan K Ahmad as a "dajal" (false messiah/anti-Christ).

Parliament: I was told to link PM and wife to Altantuya murder, says Zul Noordin

(The Star) - Zulkifli Noordin (Independent-Kulim-Bandar Baru) dropped a bombshell in the Dewan Rakyat Wednesday when he claimed he was once asked to help link the murder of Altantuya Shaariibuu to Prime Minister Datuk Seri Najib Tun Razak and his wife Datin Seri Rosmah Mansor.

The lawyer, who was recently sacked from PKR, didn’t say who had asked him to do so.

Zulkifli, who had discharged himself as a defence lawyer for one of those accused of the murder -- Chief Insp Azilah Hadri -- during the hearing in 2007, said he was asked to make a statutory declaration linking Najib and Rosmah to the Mongolian woman’s murder.

“I myself was asked to make a sworn statement that both of them were involved."

“The rewards offered for doing that could have shaken my faith,” the Islamic hardliner said.

“I discharged myself from the court case because there was an attempt by a third party to interfere in the case,” he said in his motion of thanks on the Agong’s Address.

Zulkifli also took potshots at private investigator P. Balasubramaniam, who had made a sworn disposition in connection with the murder case in 2008, but retracted it the next day.

He said the “slanderous statements” that had been made against the Prime Minister had been unending.

“How can the two accused be willing to be sentenced to death if it was true that both the Prime Minister and his wife were involved in the murder?"

“I’m sure they would have revealed it if this was true."

“The Prime Minister had sworn on the Quran denying his involvement with Altantuya,” he said.

Zulkifli also claimed that in 2004, he was asked to link the son of Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz to the murder of a man.

“I was asked to ensure that Nazri’s son was connected to the murder case. I thank Allah that I managed to stay away from such things,” he added.

On PKR adviser Datuk Seri Anwar Ibrahim, Zulkifli called for the Opposition Leader’s sodomy case to be transferred to the Syariah Court instead of the civil court.

He said the proceedings should be held at the Syariah Court because it can hear offences related to qazaf (criminal defamation).

“Proper justice can be then be carried out,” he added.

Anwar, 63, had claimed trial to sodomising his former personal aide, Mohd Saiful Bukhari Azlan, 25, at the Desa Damansara Condominium in Bukit Damansara between 3.01pm and 4.30pm on June 26, 2008.

Tormented in life, despised and abandoned in death.

I was in Kuala Terengganu last Sunday to attend court in respect of a claim by the 1st wife of Ariffin Mohamad aka Ayah Pin, against the state authorities in respect of the demolition of the decorative structures on her land in July, 2005.

Stopped by at the Ayah Pin kampung enroute back to KL.

This is all that remains after the demolition exercise carried out by the state on 31st July, 2005

This village used to be the home of the now famous four apostates.

I have previously written about their plight HERE and HERE.

I say ‘used to be’ their home because two of them have since died and one other, Md Yaacob Ismail, now lives elsewhere.

Only Kamariah Ali

Kamariah, fondly referred to by all as Mama

still lives at this village.

Her husband, Mohamed bin Ya, or just Baba to most, one of the four, passed away on 3rd October, 2003, whilst Daud Mamat

Daud Mamat aka Pak Op

died last year.

The four, from November, 2000 in the Kota Bharu Syariah Court, in the civil High Court from December, 2000 until their Court of Appeal hearing in 2002, maintained that they had renounced Islam as their professed faith. All four relied on their respective statutory declarations dated August 1998 that they had renounced Islam of their own free will.

By the time their appeals reached the Federal Court, Baba had passed away.

The remaining three, in the Federal Court, maintained their position that they had renounced Islam.

The stance of the AG’s Chambers and the state legal advisor throughout these proceedings was that the four continued to be Muslim until there was an order of the Syariah Court confirming that they were apostates.

The Court of Appeal confirmed the position of the AG to be the correct position in law.

Yet, when Baba died, and his next-of-kin approached the religious authorities for a burial plot to bury him, they were told that Baba was an apostate and as such he could not be given a burial plot in a Muslim cemetary.

Note that there was no Syariah court order declaring Baba an apostate.

What the authorities had done was to deny Baba to live his life as a non-Muslim based on his own say so, yet these same authorities relied on that same say so by Baba to hold him to be an apostate in death!

And so, the next-of -kin buried Baba’s remains in the kampung.

The only thing that the demolitioners did not dare tear down

Daud Mamat’s remains, however, were buried in a Muslim cemetary.

Why the different treatment?

Both were my clients and I know that both were unwavering in their stance, to their very end, that they were not Muslim.

Both Baba and Mama, as husband and wife, have, for as long as I have known both, held a common viewpoint on God and their relationship with him. That viewpoint is plainly at odds with the conventional understanding of Islam and prevalent in our country.

If the authorities have now accepted Baba as an apostate, why do they continue to treat Mama as Muslim?

So that they may continue to torment her while she is alive?

In my earlier post of 27th April, 2008 mentioned above, this is what I had said of Mama’s ongoing plight :

“In June, 2005, she was arrested whilst at the Ayah Pin village. Whilst at the Besut Syariah lower court, she had informed the syariah authorities that she had renounced Islam.

This utterance of hers became the basis of a charge under section 7 of the Terengganu Syariah offences act in that she had claimed to be not Muslim with a view to avoiding the jurisdiction of the Syariah Courts.

It is this charge that she had been convicted with in February this year.

Convicted, notwithstanding her having tendered evidence of a statutory declaration dated August, 1998 that she voluntarily renounced Islam. Convicted, notwithstanding her having tendered evidence of her affidavits filed in the civil High Court in Kota Baru in 2000 and the Federal Court in 2002 reaffirming that she had renounced Islam.

Her sentence of imprisonment following her conviction in February has been stayed pending her appeal to the Syariah Court of Appeal”.

Mama’s appeal against this conviction is still pending in the Syariah Court of Appeal.

Her appeal against the dismissal of her application to refer certain questions to the Federal Court is due to be heard on 27th April, 2010.

Anwar Not A Jewish Agent

From The Edge By Chan Kok Leong


KUALA LUMPUR: The opposition does not use Zionist communications consultants to attract support, Gombak MP Azmin Ali said on Wednesday, March 24.

Defending Opposition Leader and PKR de facto head Datuk Seri Anwar Ibrahim (Permatang Pauh-PKR) against an attack by Khairy Jamaluddin (Rembau-BN) last week, Azmin said that Anwar was not a Jewish agent.

During the debate on the royal address last Wednesday, Khairy had questioned Anwar on his relationship with former US ambassador to Indonesia Paul Wolfowitz.

“While it’s true that the Permatang Pauh MP has known Wolfowitz for a long time, their relationship has not reduced Anwar’s Malayness or his faith,” Azmin, a PKR vice-president, said in the Dewan Rakyat on Wednesday.

“In fact, Anwar has always used his relationship to give his frank views to Washington,” he added.

Referring to a meeting between Anwar and Wolfowitz five years ago, Azmin said the PKR adviser did not agree with the US invasion of Iraq and asked them to withdraw their troops immediately.

“Anwar told him that more Muslims were killed during the invasion than during Saddam Hussein’s reign,” said Azmin, who said he was present during the meeting.

“This was different from the then Organisation of the Islamic Conference (OIC) president and Umno president Tun Abdullah Ahmad Badawi’s cordial meeting with the then US president George W Bush on Sept 18, 2006,” he said.

According to Azmin, Anwar had asked the US government to remove renowned Islamic scholar Dr Shaikh Yusuf Qardhawi’s name from their terrorist blacklist.

“Anwar also requested the US to share the tsunami fund, which stood at around US$2 billion (RM6.64 billion), with Islamic religious schools in Aceh and not keep it only for secular schools.”

Anwar had alleged in the Dewan Rakyat that the public relations company, Apco, that was engaged by the government had Israeli links.

The former deputy prime minister claimed that several members of the company’s International Advisory Council board had been former Israeli officials. Among them are former Israeli ambassador to the US Itamar Rabinovich.

The opposition leader also suggested that the prime minister’s 1Malaysia campaign was coined after Israel’s One Israel campaign in the Eighties.

Anwar said he will explain the allegations in the Dewan Rakyat next Tuesday.

With 10 days to his full-year as PM, Najib has lengthened his list of “dubious firsts” – this time, interfering with Perlis Speaker’s duties to act on

By Lim Kit Siang,

With only 10 days to go to complete his full year as Prime Minister, Datuk Seri Najib Razak has lengthened his list of “dubious firsts” – this time, interfering with the Perlis Speaker’s duties to act on the resignation of the MCA Titi Tinggi Assemblyman Yip Sun Onn.

This week saw the Najib premiership chalking up two “dubious firsts” apart from the many in his 11+ months as Prime Minister – the other being the public spat between the Inspector-General of Police and the Home Minister, with the head of police making the very serious allegation in a newspaper interview of a “third party” undermining his authority in the police, by giving directives to the police personnel behind his back, saying that the third party could be “politicians” or “certain individuals”.

Although both the Home Minister and the IGP had appeared jointly for a sudden photo-shoot yesterday to claim that relations between them had never been better, expecting Malaysians to be so simple-minded as to be taken in by their play-acting and to believe that the public spat between the two had never happened, the episode had gravely shaken public confidence not only in the Home Minister and the Inspector-General of Police, but raised fundamental questions about the cohesiveness and sense of purpose of the Najib premiership.

Najib had to reached in Hong Kong where he was attending an investment conference to give the last word on the latest flip-flop of his premiership – that Yip Sun Onn has not quit his seat although the Perlis Speaker, Datuk Yazid Mat, the Perlis Mentri Besar Datuk Seri Mohd Isa, the MCA President, Datuk Seri Ong Tee Keat and the MCA Perlis Chairperson Datin Chew Mei Fun had all publicly confirmed that Yip had sent and the Speaker received the resignation letter.

The Perlis Speaker openly admitted an unlawful act in withholding Yip’s letter of resignation and betrayed his petty outlook and lack of understanding of Najib’s 1Malaysia concept when he scoffed at my statement that the speaker had no right to try and convince an assemblyman to retract a resignation letter and should instead exercise standard protocol by submitting it to the EC.

Yazid told Malaysian Insider: “Anyway, it is none of his business…this is not even his state.”

It would appear that the Umno is even more afraid of MCA if there is a Titi Tinggi by-election in Perlis, although both have regarded Titi Tinggi as a safe seat for Barisan Nasional.

In the March 2008 general election, Yip won with a 1,814-vote majority polling 3,399 votes as against 1,585 votes secured by independent candidate Mohd Razi Mustapha and 846 votes by PKR candidate Keria Senawi.

It is clear that both Umno and MCA leaders are afraid of a by-election in Titi Tinggi for if MCA candidates loses or does badly, it would not only be a barometer of the fall of the Barisan Nasional government in Perlis but also in Putrajaya in the next general election.

This mortal fear for a by-election cannot however be an excuse for the Perlis Speaker to act improperly and unlawfully in withholding Yip’s resignation until all avenues are exhausted – including invoking the name of the Prime Minister – to compel Yip to withdraw his resignation.

As a result of the Perlis Speaker’s unlawful action, any voter in Titi Tinggi can institute a legal challenge questioning the legality of Yip’s status as State Assemblyman.

If there is a legal challenge, it will be another crucial test for the independence, impartiality and integrity of the Malaysian judiciary against the backdrop of the intervention of the Prime Minister in interfering with the proper and lawful discharge of the Perlis Speaker’s powers and duties.

High-Speed Broadband Catalyst Of High-income Economy - Najib

KUALA LUMPUR, March 25 (Bernama) -- Prime Minister Datuk Seri Najib Tun Razak said emphasis must be given to develop a world class infrastructure in an effort to transform Malaysia into a developed and high-income country.

He said high-speed broadband (HSBB) was a key enabler to change Malaysia from a medium-income to a high-income country.

"Definitely, HSBB broadband will make Malaysia a 21st century nation," he said when launching a HSBB service at the Merdeka Square here Wednesday night.

He said HSSB service would give a huge impact in stimulating the economy, enhancing competitiveness, reinforcing local and foreign investors' confidence, enriching creative and innovative minds, and as a conduit to disseminate information and knowledge to the people.

"It cannot be denied that HSSB will make our lifestyle more sophisticated, making it easier for us to communicate with one another. "For example, I have been using this service when I invited 300 of my Facebook friends to have tea with me recently.

"From 138,000, who have registered as my Facebook friends, I invited 300 of them for a tea reception. I feel this is my way of communicating with the people directly," he said.

Najib said the government decided to launch a public and private partnership with an allocation of RM2.4 billion in three and half years while Telekom Malaysia would provide RM8.9 billion more in 10 years.

He said the high-speed broadband should be understood and embraced as it would benefit the country, economy, competitiveness and individuals.

"As such, besides ensuring quality inventory and services, we must tell the people that this is for their benefit. I hope the question of public education will also be tackled to ensure that the demand for high-speed broadband will increase," he said.

In driving the social and economic transformation towards achieving the high-income nation objective, Najib announced six national broadband initiatives.

Firstly, 246 community broadband centres will be set up for 615,000 people at the cost of RM60 million.

Secondly, the people's internet centres will be set up at 138 Information Department premises nationwide for 400,000 users.

Thirdly, e-kiosk will be provided at community centres and mukim offices in 1,100 mukim nationwide at the cost of RM4 million.

A total of 873 telecommunication towers, including 278 in Sabah and 257 in Sarawak will be built under the fourth initiative.

The fifth initiative entailed a RM1 billion allocation from the universal service provision (UPS) with the providers agreeing to hand out laptops to needy students nationwide.

Najib said under the sixth initiative, Telekom Malaysia agreed to reduce a broadband package with netbooks from RM50 to RM38 while in the USP areas it would be further reduced to RM20.

FDA warning on popular statin - Anil Netto

The US Food and Drug Adminstration (FDA) has warned that the cholesterol-lowering drug Zocor (simvastatin), made by Merck, increases risk of muscle injury when used in large doses.

The FDA said that people taking the 80mg dose face an especially high risk of developing muscle problems, including rhabdomyolysis, the most serious form of myopathy, which can lead to kidney damage, kidney failure and even death, reports Business Week.

Have a look at the Food Consumer website here and the Drug Watch site here.

Picture Caption Contest! Hisham vs Musa :)

my entry:

Hisham: “Musa… you jangan paksa I keluarkan keris ok?”

Musa (to self) : “I oughta whip out ma’ piece and light up this mofo right now!”

yours? :)

Teens held without trial, put with hardest criminals in M’sia

By Nathaniel Tan,

There are often topics I flag to myself, promising to blog about later. Time to do some long due catching up.

I guess we should never stop trying to remember the less highlighted suffering of the less known.

Now, imagine if your teenage kids were detained without trial and placed among what the police – rightly or wrongly – think are the most hardcore criminals in Malaysia. From early March:

Three teenagers are being detained without trial at the Simpang Renggam detention centre under the Emergency Ordinance 1969, and their family members are crying foul.

Accompanied by representatives of human rights group Suaram, the relatives of the detainees took their case to the Human Rights Commission (Suhakam) today, pleading for intervention.

“Please help me to bring back my son. He is a good boy and I want him to be successful in his studies,” said M Gowri, 42, who was among the 15 relatives present.

According to Suaram’s memorandum to Suhakam, the trio from Semenyih, aged between 15 and 17, are supposed to sit for PMR and SPM examinations this year.

So, our grand police figured that these two kids posed such a threat to public order, that they had to invoke the Emergency Ordinance – a draconian law which allows detention without trial for individuals for which there is insufficient proof of criminality to arrest normally, but who the police are ’sure’ are criminals :P

This is blatantly unjust as it is – and gives the police one of its many powers that they can abuse without any check or balance whatsoever. It completely sidesteps the rule of law and idea of due process, just like the ISA.

All that is bad enough. Now imagine it happening to young kids waiting to sit for their PMR and SPM >:(

Suaram director S Arutchelvan said the detentions were violations of

Article 16 (1) and (11) of the Federal Constitution, Article 42 of the Child Act 2001 and Article 37 of the Convention on the Rights of the Child.

“We would like to urge the government to take immediate action and release the teenagers. They are supposed to be sitting for major examinations this year and the detention would affect their future,” said Arutchelvan.

Addressing the family members and Suaram later, Siva Subramaniam hoped that the authorities would not place the teenagers in the Simpang Renggam detention centre, noting that it is a place where many “serious criminals” are being held.

The detention order is supposed to have expired March 9th, I’ll try to get an update of what the situation is, and put it at the top of this post when I learn.

*

I also wanted to put a quick point to this case from way back, where good people try to stop bad things from happening:

Police held Terengganu PKR Youth Chief Fariz Musa was for more than four hours today, for allegedly obstructing the demolition of squatter houses in Kampung Paya Bunga, Kuala Terengganu.

Released on police bail at 3.20pm, he is being investigated under Section 186 of the Penal Code.

Also arrested was the owner of one of the 12 houses that were torn down around 11am.

Fariz (left) said the operation, which began early this morning, was carried out by 60 enforcement officers comprising the police, land office and the local council.

“The authorities demolished all the houses before the families could even move out their belongings,” he claimed when contacted.

Ten houses were being still occupied, and five families are currently homeless, he said.

The residents, all low-income earners, have been occupying the land and paying rent since 1934. They had obtained temporary residential licences.

“Most of them live below the poverty line and receive financial aid from the Welfare Department,” said Fariz.

“They were asked by the land office to vacate their homes by last Sunday, failing which they would be fined RM50,000 and jailed for five years.”

The residents had sent a memorandum to Menteri Besar Ahmad Said (right) on Feb 21, to request that the demolition exercise be deferred. Also ignored was their request for compensation.

The MB offered to assist them with moving their belongings instead. They were offered low-cost housing units, but the residents were required to pay a deposit of RM3,000, which is beyond their means.

“The low-cost housing is located 20km from Kuala Terengganu and is very far from their places of work,” Fariz added.

The land that they have been occupying is to be used to build a multilevel car park.

Wednesday, 24 March 2010

Will Obama be another 'Comeback Kid?'

President Obama celebrates with staff on the Truman Balcony of the  White House after the health care vote.
President Obama celebrates with staff on the Truman Balcony of the White House after the health care vote.

Washington (CNN) -- When President Obama went before the television cameras in the East Room late Sunday night after the House's historic passage of health reform, he was careful not to gloat, insisting that it was a "victory for the American people" instead of a win for Democrats.

But what the TV cameras did not capture was the scene a few minutes later, in the wee hours of Monday morning.

Obama quietly invited some of his staff up to the famed Truman Balcony, with its stunning view of the Washington Monument and Jefferson Memorial. Team Obama toasted a triumph that top advisers at least privately acknowledge could turn out to also be a dramatic win for a president who desperately needed one.

"The fact that we could navigate through these rocky shoals," one of those senior advisers told me the bruising health care battle, "is heartening for the future" as the president now tries to push forward on other tough battles like regulatory reform of Wall Street and immigration reform.

This adviser explained that the president thought it was important to keep fighting for health care reform, even when it appeared all hope was lost, "to show we have a capacity as a country to tackle big challenges" at times of great uncertainty like now.

It's Obama's way to cast these battles as high-minded, long-term struggles rather than mere political short-term, hand-to-hand combat. He did so Friday in a rousing speech at George Mason University, in which he mocked the constant media commentary on his standing by comparing it to "Sportscenter" on ESPN.

"What's it going to mean for Obama? Will his presidency be crippled?" the president jibed. "Or will he be the 'Comeback Kid?' "

But even that joking reference to the "Comeback Kid" -- Bill Clinton's nickname after he rose from the dead in the 1992 New Hampshire primary -- is a reminder that Obama is still a political figure who is staring at very challenging midterm elections in just a few months and a likely battle for re-election in only a couple of years.

There's no doubt that White House aides like Chief of Staff Rahm Emanuel -- former chairman of the Democratic Congressional Campaign Committee and architect of their 2006 takeover of Congress -- have been weighing the political impact of all the health care machinations.

The bad news for Obama heading into the midterms is that the 2,000-plus page health reform bill, coupled with last year's $787 billion stimulus package, gives Republicans something to run on in November: At a time of deep distrust of government after all the bailouts, Obama is growing it big time.

But the good news for Obama is that the comeback health care victory casts him as a fighter who stood up for the middle class and proved that while it may have been messy, his party can govern.

Coupled with the stimulus, the health reform package also gives Democrats an agenda to run on that includes popular provisions like preventing insurance companies from refusing to cover children because of pre-existing conditions.

"I know this is a tough vote," Obama told House Democrats on Saturday, a rare occasion where he slipped into the role of political adviser. "And I am actually confident -- I've talked to some of you individually -- that it will end up being the smart thing to do politically because I believe that good policy is good politics.

"I am convinced that when you go out there and you are standing tall and you are saying I believe that this is the right thing to do for my constituents and the right thing to do for America, that ultimately the truth will win out."

Obama will begin testing that message for real on Thursday, when he starts hitting the road to aggressively sell the health bill to give nervous Democrats some political cover in the months leading up to November.

And where is the first state that Obama will begin selling that message? Not New Hampshire, home of the first presidential primary, and site of Clinton's dramatic comeback nearly two decades ago. Instead, the president is heading to Iowa for a substantive reasons: It's where he began his crusade for health reform with a big speech in 2007.

But in case you've already forgotten, that state also has the first presidential caucuses in the nation every four years.

A certain guy from Chicago shocked the world there in 2008 by winning against the odds, and he's hoping to deliver the same for his party later this year.

EC can’t restore third vote, says chief

By Asrul Hadi Abdullah Sani - The Malaysian Insider

PUTRAJAYA, March 24 — The Election Commission has claimed there is no “enabling law” allowing it to restore local government elections despite requests from the Penang and Selangor governments.

EC chairman Tan Sri Datuk Seri Abdul Aziz Mohd Yusof said today local elections, or the third vote, had been annulled under section 15 (1) of Act 171 in the Local Government Act 1976 which states that “all provisions in any law relating to local government elections cease to have force or effect.”

The EC has formally informed Selangor and Penang that it cannot restore the third vote. It can only hold state and federal elections.

According to the EC, provisions or aspects of law governing local elections under the Local Government Election Act 1976 had been abolished and neither the commission nor the state have the authority to restore the third vote.

Local government elections were suspended in 1965 but Selangor Mentri Besar Tan Sri Khalid Ibrahim said early this month he would write to the EC on the possibility of holding them again in the state.

Selangor was following in the lead of fellow Pakatan Rakyat-ruled state Penang, which made a formal request to the EC on March 4 for local elections to be held for both the Penang and Seberang Prai municipal councils.

The Penang government maintains under Article 113(4) of the Federal Constitution, federal or state law may authorise the EC to conduct elections other than parliamentary or state elections.

Restoring local government elections was a campaign promise of PR parties, which comprise PKR, DAP and PAS, during Election 2008.

The Barisan Nasional (BN) federal government had already indicated it was not interested in restoring local council elections as it argues that they will not necessarily improve public services.

Prime Minister Datuk Seri Najib Razak had said that since local government elections were abolished long ago and need not be restore as it will only create more politicking at the local level.

Local government elections were first held in 1951 before Merdeka but abolished during the Confrontation with Indonesia which objected to the 1963 formation of Malaysia.

The then-Prime Minister Tunku Abdul Rahman promised they would be restored after the situation improved.

The federal government under Tun Abdullah Ahmad Badawi had in 2007 turned down a demand by the DAP to restore local elections.

Since the suspension of local elections, council seats have become a political reward to loyalists of the ruling party.

Pakatan leaders slam third vote rebuff

By Syed Jaymal Zahiid and Shazwan Mustafa Kamal - The Malaysian Insider

KUALA LUMPUR, March 24 — Pakatan Rakyat (PR) leaders today slammed the Election Commission’s (EC) rebuff to their demands to restore local government elections, saying it hindered democracy.

Selangor Mentri Besar Tan Sri Khalid Ibrahim said the rejection was a hindrance to democracy though the rejection may have been based on legal constraints.

“It is best for the EC to start considering reinstating local council elections in the urban areas where the population can forge a relationship with the local authorities to govern their own affairs,” he told The Malaysian Insider in Parliament here.

“This is one of the efforts to [make] democracy in the country more mature,” he added.

Khalid, who is also MP for Bandar Tun Razak, said his team of executive councillors will be briefed on the reasons given by the EC as well as discuss the next course of action.

Officials from the state told The Malaysian Insider yesterday they had received an 11-page reply from the EC to their earlier inquiry on whether local council elections can be held.

According to the EC, provisions or aspects of law governing local elections under the Local Government Election Act 1960 had been abolished and neither the commission nor the state had the authority to restore the third vote.

Penang DAP Chief Minister Lim Guan Eng, the first PR leader to engage the EC for the third vote be revived in his state, said he is not surprised by the rejection.

He said this was expected when Prime Minister Datuk Seri Najib Razak stated his disapproval with the proposal.

“We should not be surprised at this decision, since the PM has himself expressed his disagreement on local council elections.

“If tauke gave his opinion, then who’s going to say anything against it? EC should be independent. This shows the EC is not free,” Lim told a press conference in Parliament here.

Lim argued that Under Article 113 (4) of the Federal Constitution, powers can be accorded to the EC to have other elections other than those stated in the clause.

The state govt has the power under the Local Government Act as well as Local Government Elections Act 1960. The act still exists and is enforceable added the Bagan MP.

“EC did not at all discuss with the state government before making the decision. The failure of EC to discuss the decision shows that they are unable to carry out the responsibility given to them. They cannot be free, no principle of freedom,” he said.

The Penang CM then said his government will study the rejection letter for future action but will not change their position on the matter.

“Am not ruling out anything at the moment, although the contents of letter stressed in legal language, effects still the same,” he said.

No taxation without representation, said the Penang CM to further make his case for the third vote.

HRP takes Anwar to task over ‘racist Hindraf’ remark

By Athi Shankar
www.freemalaysiatoday.com

GEORGE TOWN: They were electoral buddies in the last general election. Orange-clad foot soldiers of the Hindu Rights Action Force (Hindraf) were permanent features of the 12th general election, campaigning tirelessly across the country to canvass votes for PKR, DAP and PAS.

Two years on, however, PKR supremo Anwar Ibrahim and Hindraf are now drifting apart with their political approaches and ideologies, although both shared the same common goal.

Both aimed to knock Umno and Barisan Nasional (BN) off their perch in the next general election but both are now accusing each other of advocating “racist agenda”.

Anwar fired the first salvo by reportedly stating in London recently that “Hindraf uses a racist agenda”.

The statement has irked his political friends from Hindraf and its political wing, Human Rights Party (HRP).

Political rhetoric

Hindraf is chaired by London-based P Waytha Moorthy (photo: centre) while his outspoken elder brother Uthayakumar (photo:left) is the founder of HRP, which is in the process of registration. The latter is also HRP pro-tem secretary-general and Hindraf legal adviser.

Offended Uthayakumar took Anwar to task, pointing out that the “racist agenda” definition was heard only in quota-ridden Malaysia, not anywhere else.

However, he is not surprised to hear Anwar echoing Umno’s 53-year-old political rhetoric and gimmick to sweep things under the carpet.

“Being an ex-Umno stalwart of 17 years standing, it was not a shock for Anwar to use the definition of racist agenda to neutralise Hindraf and HRP.

“It’s to divert public attention from critical Indian issues.

“These issues have already been neglected by PKR, DAP and PAS governments in their two-year rule in Selangor, Penang and Kedah,” he added.

Uthayakumar claimed that Umno’s gimmick of using “racist agenda” definition had led to the current critical Indian problems.

He said that going by Anwar’s “racist agenda ala-Umno” definition, South Africa would not have achieved her independence from the white apartheid rule.

Neither, he said, would Barack Obama be in the White House today.

However, he pointed out that no Malaysians of Chinese or Indian origins were ever appointed as president or secretary-general of PKR and PAS.

Similarly, DAP had never appointed an Indian or a Malay as secretary-general.

“Isn’t that a racist agenda of PKR, DAP and PAS?” asked Uthayakumar.

He said the state governments of PKR (Selangor), PAS (Kedah) and DAP (Penang) have full powers by virtue of Section 76 of the National Land Code to grant land to all Tamil schools in their states. Selangor has 98 Tamil schools, Kedah (58) and Penang (28).

Emulating Umno politics

Uthayakumar said Anwar must know these menteris besar and Penang chief minister “can do it (grant land) at one go by a mere stroke of their pens.”

But the Pakatan governments, he said, have failed to do so due to fear of agitating the Malays.

Moreover, he argued these governments view Tamil schools as “profitable and lucrative” landbanks to be exploited as and when necessary for their political party coffers.

“Since Pakatan governments would not address scores of critical Indian problems, what difference will it make to Malaysian Indians if the coalition gets to Putrajaya?” asked Uthayakumar.

He accused Anwar and company of emulating Umno politics to divert attention by claiming that Hindraf and HRP are championing racist issues.

He chided Anwar and other Pakatan leaders, especially heads of state governments, and 77 opposition MPs for declining to meet Hindraf and HRP leaders until today to address the critical Indian problems.

“Hence, we have ended up championing Indian cause because Anwar, Pakatan and Umno have specifically excluded Indians from their national agendas,” he alleged.

Since Anwar only wanted to be “engaged with issues”, Uthayakumar challenged the Pakatan leader to personally deal with outstanding Indian issues.

“Anwar should not address those issues through his Indian ‘mandores’. Neither should he promote mandorism ala Umno in Pakatan,” said Uthayakumar.

He said that by not fighting against Umno racism, Pakatan itself was committing racism, if not aiding and abetting Umno.

He said that Hindraf and HRP would long have been “out of a job” if PKR, DAP and PAS were truly multi-racial entities championing Malaysian Indians.

Uthayakumar added that HRP’s Indian political empowerment strategy was the best way forward to encourage Indians to vote for themselves.

“Neither Umno-dominated BN nor Pakatan will champion or represent the Indian cause. Indians will have to represent themselves accordingly at the highest political decision-making levels,” he said.

Court postpones Uthaya's sedition trial to Apr 21

By S Rutra

KUALA LUMPUR: The much anticipated disclosure pertaining to the number of suspected criminals killed in shootouts with the police did not materialise today after the Sessions Court postponed lawyer P Uthayakumar's sedition trial to April 21.

Trial judge Sabariah Othman fixed the date after Uthayakumar's counsel N Surenthiran informed the court that the trial should be postponed due to appeals related to the case pending at the higher courts.

As case law, Surenthiran referred to Opposition Leader Anwar Ibrahim's sodomy trial, where the defendant had filed an application to recuse the judge, leading to the hearing being postponed.

The counsel also told the court that if Uthayakumar suceeded in his appeal to recuse the judge, then the proceedings thus far would be expunged.

Following this, Surenthiran said if a new trial judge hears the case, the entire process would be a waste of time and resources.

Racial breakdown

Bukit Aman CID deputy director Acryl Sani Abdullah Sani was scheduled to reveal the figures of those killed in shooutouts from the year 2000 to November 2007.

He was supposed to provide a breakdown according to race as well.

Uthayakumar has consistently accused the police of carrying out summary executions of suspected criminals, especially Indian Malaysians.

The Hindraf leader was hauled to court over a letter, dated Nov 15, 2007, published in the 'Police Watch Malaysia' website.

The letter, addressed to British Prime Minister Gordon Brown, claimed that Indian Malaysians were being marginalised in this country and blamed Britain for bringing their ancestors here.

Uthayakumar was charged under Section 4(1)(c) of the Sedition Act 1948, which carries a fine not exceeding RM5,000 or imprisonment of up to three years, or both, upon conviction.

Govt's 'rubbish' ploy will backfire, says Zaid

By Stephanie Sta Maria - Free Malaysia Today

KUALA LUMPUR: Pakatan Rakyat troubleshooter Zaid Ibrahim is vexed that the government is using Parliament as a platform to attack Opposition Leader Anwar Ibrahim and the coalition he leads.

In an exclusive interview with FMT, the former law minister said that the time could be better spent on debating more important issues.

“It's most unfortunate that hours of airtime are devoted to people like (former PKR MP for Bayan Baru) Zahrain (Mohamed) Hashim and (Pasir Mas MP) Ibrahim Ali instead of debating real issues.

“This only shows that the government is not interested in serving the people,” he added.

The lawyer-turned-politician accused the government of harping on these trivial issues in order to create a smokescreen to conceal the bigger problems.

“The government is hiding the real problems. It doesn't want the people to know why the ISA (Internal Security Act) has not been repealed, why the GST (tabling of the Goods and Services Tax Bill) was postponed and what is the true state of the economy. So it uses rubbish as a diversion,” he said.

Using the same old tactics

In desperation, Zaid said the government resorts to using familiar strategies to quash the opposition, including ridiculing Anwar and attempting to “put him away”.

“This is how stupid the government is,” he said. “But let them continue believing it will work. Pakatan will get more support and we will win the next election. I am confident of that.”

Meanwhile, Zaid said he is not perturbed by Zahrain's statement that more PKR elected reps would quit the party in the future.

The PKR supreme council member encouraged those who are not interested in the party's struggle to resign rather than being a burden to the party.

Dropped Perlis exco man denies quitting

(NST) KANGAR: Perlis state leaders, who are intent on avoiding a by-election, have managed to persuade Yip Sun Onn to reconsider his decision to step down as Titi Tinggi state assemblyman.

In an SMS which he sent to several reporters, Yip said he was still the Titi Tinggi state assemblyman and apologised for the inconvenience he had caused.

He said he needed some time to think but that he was still a Barisan Nasional assemblyman and fully supported Datuk Seri Dr Md Isa Sabu as the menteri besar of Perlis.

He also said that he would continue to support the state government in developing Perlis.

Yip had tendered his resignation letter to Isa on Monday and had also given a copy to Speaker Datuk Yazid Mat.

He was dropped as state Housing and Local Government and New Township Development Committee chairman last Friday. He was replaced by Dr Por Choo Chor (BN-Indera Kayangan).

Isa believed that Yip was unhappy that he had been replaced, and explained that the decision had nothing to do with Yip's performance.

"We've used this rotating system since a few terms ago and this had been agreed on by MCA.

"Now it is the time for the Indera Kayangan assemblyman to hold the post."

Isa said state leaders were "very sure that there will not be a by-election in Titi Tinggi".

"Yip has not submitted his resignation letter to the Election Committee and we are in talks with him to reconsider his decision. This could negatively affect MCA and Barisan Nasional."

MCA president Datuk Seri Ong Tee Keat confirmed that the change in the executive councillor line-up was based on the agreement made by his party and the state government.

"I took over as party president in October 2008 and was only carrying out what had been agreed on," hesaid after a meeting with Perlis MCA delegates here.

Ong said under the agreement, MCA would have one of its two representatives as an exco member, and this person would be replaced by the other after two years.

In the 2008 general election, Yip won the Titi Tinggi state seat against Keria Senawi of Parti Keadilan Rakyat and Mohammad Radzi Mustaffa (independent) with a majority of 1,841 votes.


Titi Tinggi has 7,830 voters with 73.52 per cent being Malay, 23.2 per cent Chinese and 2.8 per cent Indian.

LOCAL POLLS CANNOT BE HELD IN PENANG & SELANGOR

The Election Commission announced today that the States of Penang and Selangor cannot hold local government elections in their respective States since the local government polls have effectively been abolished.

By Kamal-Talks

Both these States are subjected to Local Government Act (Act 171), which states that the municipal councillors are to be appointed and NOT elected any longer.

The opportunity for the deserving local residents to be elected to serve the township or locality have been deprived by our ruling BN government in their quest to appoint their loyal officials.

Class divisions in access to healthcare -- what about Malaysia?

Is there also a class system in our healthcare system? Do the poor get the same treatment as the wealthy members of parliament or those in the list of billionaires?

A REPUBLIC OF VIRTUE

Azly Rahman

on facebook: http://www.facebook.com/people/AzlyRahman/689079971
on blog: http://azlyrahman-illuminations.blogspot.com/

'Why can't all Americans have the same access to healthcare to those enjoyed by members of Congress?' is a popular question on the ObamaCare debate.

At the time of writing I am following the debate over universal healthcare for all Americans. If the US$1 trillion Bill passes, it will help insure 32 million Americans that do not have access to healthcare.

This is another controversial issue in the tradition of Democrats and Republicans. This is a good case study of one of the enduring issues of an advanced capitalist state.

I know friends who do not have health insurance and who question the human rights dimension of it - right to life, liberty, and the pursuit of happiness, endowed by the Creator who insist that 'all men are created equal' and cautioned by the Enlightenment thinker Jean Jacques Rousseau that “… everything is good in the hands of the Author of Things and everything degenerates in the hands of Man”.

From the point of view of the Democrats, the health insurance system is broken and in deep crisis. Millions cannot get proper medical health. The insurance system is predatory. Expanding health coverage and lowering prescription drug prices, and giving insurance rebates to companies are the main features of this proposal.

From the Republicans' point of view, Americans need health reform but not to the point of bankrupting the country. A Bill which covers the cost of abortion is the controversial part of it; that Americans must not pay for those who do not have the respect for life. The Bill is said to be a wrong approach that will make winners and losers in the system. Essentially it will open up other complications in virtually all aspects of the system.

Whatever the outcome of it, Americans will still be divided ideologically on this issue. The argument is emblematic of the American political philosophy: what is the role of the government vis-a-viz the social contract between the 'ruler and the ruled'?

It is a classic Jeffersonian-Franklinian debate. America has evolved into a country envisioned by Benjamin Franklin - America which is more of the big business and less on the man on the street.

Americans are taught to not trust governments; its history is that of a revolt against British colonialism famed by the slogan 'taxation without representation' and therefore 'give me liberty … or give me death', as the revolutionary leader Patrick Henry said.

Americans went to war and bankrupted the nation. It was a Republican war. That drained trillions of dollars, perhaps contribution to the near-collapse of the American Empire, as many a Complexity theorist would propose. The Butterfly that flapped its wings in Baghdad, near Saddam Hussein's mansion has contributed to the turmoil in the Obama Office.

Rights of all Malaysians

But what is the situation in Malaysia, as we have evolved as a modern state enculturalised by happenings in other advanced countries such as the US?

How do we care for the sick? Essentially is there also a class system in our healthcare system? Do the poor get the same treatment as the wealthy members of parliament or those in the list of billionaires?

With the proliferation of private hospitals, are we creating the foundations of a class system that will inherit the problems the Americans are trying to resolve?

Or is this merely a natural progression of an economic system that is also predatory in culture - that the rich will be richer and the poor growing in numbers?

With the urge for Malaysian private hospitals to venture into 'medical tourism', will our good doctors abandon their Hippocratic Oath in favour of professional hypocrisy?

Marx would say that we are defined by the economic condition we are in - we are homo economicus. I suppose how we live and how we die and how we are taken care of in-between this period of 'borrowed time', depends on how the state defines what human rights mean vis-a-viz our ability to pay for healthcare and how we lived our lives as a economic beings.

We must consider that each human being is a cog in the wheel of Capital. Those who own the machines of production oftentimes influence policies through political-economic arrangements.

A wealthy country such as Malaysia that prides itself on tall buildings and a growing number of billionaires ought to start reflecting on the need to ensure that each citizen will have affordable healthcare.

One wonders what the limit of wealth creation is and where the moral dimension is in capitalism, when the rich control the lives of the poor.

By shaping ideology and creating installations to change the social relations of production - and by doing this through the control of mind, media, machinery, and materials - we expect that wealth is to be shared. Socialism for the rich must be replaced with capitalism for the poor.

It's 11pm here in New York. The historic Bill has just been passed, 219 to 212 in the House. God bless the life of 32 million more Americans. Let Malaysia learn from this victory!

No Cowardly Past

By Tengku Razaleigh,

James Puthucheary lived what is by any measure an extraordinary and eventful life. He was, among other things, a scholar, anti-colonial activist, poet, political economist and lawyer. The thread running through these roles was his struggle for progressive politics in a multiracial society. His actions were informed by an acute sense of history and by a commitment to a more equitable and just Malaysia. James was concerned about economic development in a way that was Malaysian in the best sense. His thinking was motivated by a concerned for socioeconomic equity and for the banishment of communalism and ethnic chauvinism from our politics.

The launch of the Second Edition of this collection of James Puthucheary’s writings, No Cowardly Past, invites us to think and speak about our country with intellectual honesty and courage.

Let me put down some propositions, as plainly as I can, about where I think we stand. We

1) Our political system has broken down in a way that cannot be salvaged by piecemeal reform.

2) Our public institutions are compromised by politics (most disturbingly by racial politics) and by money. This is to say they have become biased, inefficient and corrupt.

3) Our economy has stagnated. Our growth is based on the export of natural resources. Productivity remains low. We now lag our regional competitors in the quality of our people, when we were once leaders in the developing world.

4) Points 1) -3), regardless of official denials and mainstream media spin, is common knowledge. As a result, confidence is at an all time low. We are suffering debilitating levels of brain and capital drain.

Today I wanted to share some suggestions on how we might move the economy forward, but our economic stagnation is clearly not something we can tackle or even discuss in isolation from the problem of a broken political system and a compromised set of public institutions.

This country is enormously blessed with talent and natural resources. We are shielded from natural calamities and enjoy warm weather all year round. We are blessed to be located at the crossroads of India and China and the Indonesian archipelago. We are blessed to have cultural kinship with China, India, the Middle East and Indonesia. We attained independence with an enviable institutional framework. We were a federation with a Constitution that is the supreme law of the land, a parliamentary democracy, an independent judiciary, a common law system and an independent civil service. We had political parties with a strong base of support that produced talented political leadership.

We have no excuse for our present state of economic and social stagnation. It is because we have allowed that last set of features, our institutional and political framework, to be dismantled, that all our advantages are not better realized.

So it makes little sense to talk glibly about selecting growth drivers, fine-tuning our industrial or trade policy, and so on, without acknowledging that our economy is in bad shape because our political system is in bad shape.

A case in point is the so called New Economic Model. The government promised the world it would be announced by the end of last year. It was put off to the end of this month. Now we are told we will be getting just the first part of it, and that we will be getting merely a proposal for the New Economic Model from the NEAC. Clearly, politics has intruded. The NEM has been opposed by groups that are concerned that the NEM might replace the NEP. The New Economic Model might not turn out to be so new after all.

The NEP

The irony in all this is that there is nothing to replace. The NEP is the opposite of New. It is defunct and is no longer an official government policy because it was replaced by the New Development Policy (another old “new” policy) in 1991. The “NEP” was brought back in its afterlife as a slogan by the leadership of UMNO Youth in 2004. It was and remains the most low-cost way to portray oneself as a Malay champion.

Thus, at a time when we are genuinely need of bold new economic measures, we are hamstrung by by the ghost of dead policies with the word New in them. What happens when good policy outlives its time and survives as a slogan?

The NEP was a twenty year programme. It has become, in the imaginations of some, the centre of a permanently racialized socio-economic framework.

Tun Ismail and Tun Razak, in the age of the fixed telephone (you had to call through an operator), thought twenty years would be enough. Its champions in the age of instant messaging talk about 100 or 450 years of Malay dependency.

It had a national agenda to eradicate poverty and address structural inequalities between the races for the sake of equity and unity. The Malays were unfairly concentrated in low income sectors such as agriculture. The aim was to remove colonial era silos of economic roles in our economy. It has been trivialized into a concern with obtaining equity and contracts by racial quotas. The NEP was to diversify the Malay economy beyond certain stereotyped occupations. It is now about feeding a class of party- linked people whose main economic function is to obtain and re-sell government contracts and concessions.

The NEP saw poverty as a national, Malaysian problem that engaged the interest and idealism of all Malaysians. People like James Puthucheary were at the forefront of articulating this concern. Its present-day proponents portray poverty as a communal problem.

The NEP was a unity policy. Nowhere in its terms was any race specified. It has been reinvented as an inalienable platform of a Malay Agenda that at one and the same time asserts Malay supremacy and perpetuates the myth of Malay dependency.

It was meant to unite our citizens by making economic arrangements fairer, and de-racializing our economy. In its implementation it became a project to enrich a selection of Malay capitalists. James Puthucheary had warned, back in 1959, that this was bound to fail. “The presence of Chinese capitalists has not noticeably helped solve the poverty of Chinese households.. Those who think that the economic position of the Malays can be improved by creating a few Malay capitalists, thus making a few Malays well-to-do, will have to think again. “

The NEP’s aim to restructure society and to ensure a more equitable distribution of economic growth was justified on principles of social justice, not claims of racial privilege. This is an important point. The NEP was acceptable to all Malaysians because its justification was universal rather than racial, ethical rather than opportunistic. It appealed to Malaysians’ sense of social justice and not to any notion of racial supremacy.

We were a policy with a 20 year horizon, in pursuit of a set of measurable outcomes. We were not devising a doctrine for a permanent socio-economic arrangement. We did not make the damaging assumption of the permanently dependent Malay.

Today we are in a foundational crisis both of our politics and of our economy. Politically and economically, we have come to the end of the road for an old way of managing things. It is said you can fool some of the people some of the time, but not all of the people all the time. Well these days the time you have in which to fool people is measured in minutes, not years.

The world is greatly changed. The next move we must make is not a step but a leap that changes the very ground we play on.

The NEP is over. I ask the government to have the courage to face up to this. The people already know. The real issue is not whether the NEP is to be continued or not, but whether we have the imagination and courage to come up with something which better addresses the real challenges of growth, equity and unity of our time.

At its working best the NEP secured national unity and provided a stable foundation for economic growth. Taken out of its policy context (a context that James helped frame) and turned into a political programme for the extension of special privilege, it has been distorted into something that its formulators, people such as the late Tun Razak and Tun Ismail, would have absolutely abhorred: it is now the primary justification and cover for corruption, crony capitalism and money politics, and it is corruption, cronyism and money politics that rob us and destroy our future.

No one who really cares about our country can approve of the role the NEP now plays in distorting the way we think about the economy, of our people, of our future, and retarded our ability to formulate forward-looking economic strategy.

The need for a wholistic approach to development based on the restoration and building of confidence.

We need a wholistic approach to development that takes account of the full potential of our society and of our people as individuals. We need an approach to development that begins with the nurturing and empowerment of the human spirit. Both personally and as a society, this means we look for the restoration of confidence in ourselves, who we are, what we are capable of, and the future before us.

I return to the question of the Middle Income Trap that I alluded to some time ago. I am glad that notion has since been taken up by the Government.

The middle income trap is a condition determined by the quality of our people and of the institutions that bind them. It is not something overcome simply by growing more oil palm or extracting more oil and gas. Our economic challenge is to improve the quality of our people and institutions. Making the break from the middle-income trap is in the first place a social, cultural, educational and institutional challenge. Let me just list what needs to be done. Before we can pursue meaningful economic strategy we need to get our house in order. We need to:

1) undertake bold reforms to restore the independence of the police, the anti-corruption commission and the judiciary. Confidence in the rule of law is a basic condition of economic growth.

2) reform the civil service

3) wage all out war on corruption

4) thoroughly revamp our education system

5) repeal the Printing Presses Act, the Universities and Colleges Act, the ISA and the OSA. These repressive laws only serve to create a climate of timidity and fear which is the opposite of the flourishing of talent and ideas that we say we want.

6) Replace the NEP with an equity and unity policy (a kind of “New Deal”) to bring everyone, regardless of race, gender, or what state they live in and who they voted for, into the economic mainstream.

These reforms are the necessary foundation for any particular economic strategies. Many of these reforms will take time. Educational reform is the work of many years. But that is no excuse not to start, confidence will return immediately if that start is bold. As for particular economic strategies, there are many we can pursue:

· We need to tap our advantage in having a high savings rate. Thanks to a lot of forced savings, our savings rate is about 38%. We need more productive uses for the massive funds held in EPF, LTH, LTAT and PNB than investment in a low yielding stock market in which they are already over-represented. One suggestion is to make strategic investments internationally in broad growth sectors such as minerals. Another is that we should use these funds to enable every Malaysian to own their own home. This would stimulate the construction sector with its large multiplier of activities and bring about a stakeholder society. A fine example of how this is done is Singapore’s use of savings in CPF to fund property purchases.

· The Government could make sure that the the land office and local government, developers and house-buyers are coordinated through a one-stop agency under the Ministry of Housing and and Local Government. This would get everyone active, right down to the level of local authorities. The keys to unleashing this activity are financing and a radical streamlining of local government approvals.

· We have been living off a drip of oil and cheap foreign labour. Dependence on these easy sources of revenue has dulled our competitiveness and prevented the growth of high income jobs. We need a moratorium on the hiring of low skilled foreign labour that is paired with a very aggressive effort to increase the productivity and wages of Malaysian labour. Higher wages would mean we could retain more of our skilled labour and other talent.

· Five years ago I called for a project to make Malaysia an oil and gas services and trading hub for East Asia. Oil and gas activities will bring jobs to some of our poorest states. We should not discriminate against those states on the basis of their political affiliations. No one is better placed by natural advantage to develop this hub. Meanwhile Singapore, with not a drop of oil, has moved ahead on this front.

· We should ready ourselves to tap the wealth of the emerging middle class of China, India and Indonesia in providing services such as tourism, medical care and education. That readiness can come in the form of streamlined procedures, language preparation, and targeted infrastructure development.

These are just some ideas for some of the many things we could do to ensure our prosperity. Others may have better ideas.

Conclusion

We are in a foundational crisis of our political system. People can no longer see what lies ahead of us, and all around us they see signs of decaying institutions. The country will continue to haemorrhage wealth and talent

To reverse that exodus we must restore confidence in the country. We do not get confidence back with piecemeal economic measures but with bold reforms to restore transparency, accountability and legitimacy to our institutions. Confidence will return if people see decisive leadership motivated by a sincere concern for the welfare of the country. The opposite occurs if they see decisions motivated by short term politics. Nevermind FDI, if Malaysians started investing in Malaysia, and stopped leaving, or started coming back, we would see a surge in growth.

In the same measure we must also break the stranglehold of communal politics and racial policy if we want to be a place where an economy driven by ideas and skills can flourish. This must be done, and it must be done now. We have a small window of time left before we fall into a spiral of political, social and economic decline from which we will not emerge for decades.

This is the leap we must make, but to make that leap we need a government capable of promoting radical reform. That is not going to happen without political change. We should not underestimate the ability of our citizens to transcend lies, distortions and myths and get behind the best interest of the country. In this they are far ahead of our present leadership, and our leadership should listen to them.

*Speech on the launch of the Second Edition of No Cowardly Past: James Puthucheary, Writings, Poems, Commentaries

PJ Civic Centre

March 22, 2010

Creating a level playing field

thenutgraph.com


(Silhouettes by mzacha / sxc.hu)

PRIME Minister Datuk Seri Najib Razak is all set to role out a new economic model for growth in Malaysia. The indications are that the subsidy regime and price controls will be abolished once the new economic model is in place. This would be in line with Najib's other efforts to promote competition and achieve "high-income" status. In April 2009, for example, the government abolished bumiputera quotas for 27 service sub-sectors. Two months later, it scrapped the 30% bumiputera equity ownership requirement in public listed companies.

These economic reforms, however, have rung alarm bells in certain quarters, who believe the reforms signal an end to preferential treatment for bumiputera established under the New Economic Policy. Member of Parliament Datuk Ibrahim Ali, for example, told Malaysiakini that Malay Malaysians were still "amateurs" compared to the premier-league Chinese Malaysian community. Therefore, according to Ibrahim, subsidies and government assistance for Malay Malaysians should continue until they have caught up.

But are Ibrahim's assumptions correct? Are all Malay Malaysians still lagging behind their fellow citizens economically? And is the continuing of subsidies the best way to help those who have less opportunities to improve their economic status?

With a limping worldwide economy, widening budget deficit, and increasing competition from our Asian neighbours, can Malaysia even afford to continue distorting the market economy through ethnicity-determined government handouts?

Learning to compete

Universiti Kebangsaan Malaysia economist Professor Dr Ragayah Mat Zin, who is with the Institute of Malaysian and International Studies (Ikmas), disagrees with the assertion that Malay Malaysians are not ready to compete. "Not all Malay [Malaysians] are poor," she says. "That's the problem. Whenever we talk about subsidies for Malay [Malaysians], whether it's scholarships or affirmative action, it's not the poor Malay [Malaysians] who benefit, it's more often the rich ones.

"We should 'give fish' only to those who cannot fish. For those who can, they must be made to fish. They cannot sit back and wait for government handouts. If we don't work for it, we'll not be able to improve and become a high-income nation," she says in a phone interview.


Denison Jayasooria
"We have to learn to compete," says Datuk Dr Jenison Jayasooria, principal research fellow at UKM's Institute of Ethnic Studies. He says that opposing liberalisation would only disadvantage Malay Malaysians. "If people really want Malay [Malaysians] to benefit, they need to help them build capacity and empower them to face competition in the open market. Don't assist them by isolating them."

Competing worldwide

Denison points out that the "enemy" is not within the country. "It is outside," he says, noting that Malaysia is already finding it difficult to compete with countries like Indonesia and Thailand, more so with bigger economies like China and India.

He argues that while the government can control the distribution of resources within the country, foreign investments are not beholden in any way, and will move on if our economy is no longer competitive. "Then what do we do?" he asks. "We have to enable positive competition. If not, we're going to see negative growth."

Ratings Agency Malaysia chief economist Dr Yeah Kim Leng agrees, saying we should no longer be fixated on distributing economic wealth within the country. "Instead, we should concentrate on attracting businesses through good government policies and regulations. This would help create jobs, enhance employees' skills, and result in positive spillover effects to suppliers and service providers. Only through growth and empowerment can we have sustainable distribution.


(Pic by juliaf / sxc.hu)
"By focusing on [internal] distribution, we may actually be missing the point and killing the goose that laid the golden egg," argues Yeah. "If the government sets the wrong rules, businesses and capital will migrate. The government must ensure we have an economy that is dynamic and continues to sustain growth and create jobs."

Benefiting the poor

Yeah adds that promoting market forces helps to bring out the best in people, so that every person's potential can be maximised. However, he says, enhancing greater market efficiency is not incompatible with assisting the poor and disadvantaged.

"Economics is not heartless. While we promote market forces and efficiency, we note that there are different inherent abilities and endowments.

"So there is a place for affirmative policies for the needy and disadvantaged. This is widely practised [worldwide], mainly to assist minorities and disadvantaged groups who do not have equal access to opportunities."


Yeah
Ragayah, whose research interests include development economics and income distribution, says international statistics show that liberalisation is actually good for the poor. "When demand is stimulated, there is a multiplier effect which will benefit everyone. This will actually lift the income of the absolute poor," she says, adding that the poor would also benefit from cheaper imported goods.

Liberalisation would also lead to increased production in areas where Malaysia has a comparative advantage, she notes. This would lead to a more efficient use of resources, hence making us more attractive as an investments destination.

She says helping the poor doesn't necessarily mean implementing subsidies that distort the market, which is ultimately expensive and unsustainable. "In Malaysia, we subsidise everybody, the rich and the poor. Subsidies [for items such as toll and petrol] in fact tend to benefit the rich more than the poor, because they consume more."

Ragayah says that as the population increases, paying out huge subsidies is not sustainable and would be counter-productive. She says the government needs to target assistance at the poor, otherwise government expenditure would balloon. "We should just target the poor, regardless of ethnicity. If there is marginalisation, then affirmative action is needed."

She adds that the government should assist groups, such as poor farmers, to compete by helping them be more efficient in production and take advantage of the increased opportunities provided by liberalisation.

Indeed, liberalisation will not result in opportunities lessening, says Denison, who adds that the only people who should fear liberalisation are those who are unable to run businesses competently.

Malaysia: End ‘Charade of Justice’ at Anwar Trial

–For Immediate Release–

Malaysia: End ‘Charade of Justice’ at Anwar Trial

Proceedings Violate Basic Fair Trial Rights

(New York, March 23, 2010) – The Malaysian government should drop all charges in the politically motivated trial against opposition leader Anwar Ibrahim, Human Rights Watch said today. The so-called “Sodomy II” trial, which has been plagued by serious due process problems and government interference, is scheduled to resume on March 25, 2010.

The government has accused Anwar of consensual homosexual conduct with Mohammed Saiful Bukhari Azlan, a former aide, on June 26, 2008, in a private condominium. Court decisions denying Anwar’s lawyers access to critical evidence held by prosecutors, and the publication of unreleased trial evidence in a ruling party newspaper, raise serious concerns about whether Anwar will receive a fair trial.

“The government should end this charade of justice and drop the charges against Anwar,” said Phil Robertson, deputy Asia director at Human Rights Watch. “Every step of the way, the court has blocked Anwar’s lawyers from preparing a thorough defense.”

Several of the court’s rulings subvert the discovery process, a crucial component of the right to prepare a defense, Human Rights Watch said. Anwar’s lawyers have been denied pre-trial access to DNA specimen samples, statements by the plaintiff and key prosecution witnesses, notes from doctors who examined Saiful, and original copies of CCTV surveillance system tapes from the condominium at the time of the alleged incident.

Even after the trial began, on February 2, 2010, the court ruled against providing the defendant a list of prosecution witnesses, much less witness statements.

Human Rights Watch is also deeply concerned about political interference in the trial by the ruling coalition. The court took no action in response to articles in Utusan Malaysia, a newspaper owned by UMNO, the lead party in the ruling coalition, containing information gathered during the court’s in camera fact-finding visit to the condominium.

“The publication of unreleased trial evidence in what is effectively a government newspaper is an appalling attempt by the government to interfere in the Anwar case,” Robertson said. “This is just the latest instance of the ruling coalition trying to call the shots in this trial of a major opposition leader.”

Other instances of government interference have surfaced during the 20 months since the charges were first leveled against Anwar. The most damaging episode was the involvement of Attorney General Tan Sri Abdul Gani Patail, who in March 2009 transferred the case from a Sessions Court to the High Court, limiting the defendant’s right to appeal should he lose the case.

At the time the attorney general issued the order, he was under investigation by the country’s anticorruption agency over allegations that he fabricated evidence in Anwar’s first sodomy case, in 1998.

Should Anwar be found guilty, the court could sentence him to a 20-year prison term and whipping. He would also be forced to relinquish his parliamentary seat. Even if Anwar is imprisoned for only one day or fined at least RM2000 (US$600), he would be barred from standing for election for five years.

Human Rights Watch also has concerns about the authorities’ investigation of the case and development of charges. Saiful was not examined until 48 hours after the alleged incident, and the first doctor from Hospital Pusrawi (Pusat Rawatan Islam) reported he found no evidence of anal penetration. Saiful then visited Hospital Kuala Lumpur, a government hospital, and a report endorsed by three specialists from that hospital also found “no conclusive clinical findings suggestive of penetration to the anus and no significant defensive wound on the body of the patient.”

Saiful originally alleged he was raped but when it was pointed out that Anwar, a then 61-yearold man with a bad back, was no physical match for a healthy 24-year-old, Saiful’s complaint was revised to indicate consensual homosexual conduct.

The charges were filed under an antiquated law, a holdover from British colonial rule, that criminalizes “carnal intercourse against the order of nature,” both consensual and nonconsensual.

Human Rights Watch opposes all laws used to criminalize consensual homosexual conduct between adults, and has repeatedly urged the Malaysian authorities to repeal those provisions and replace legislation on non-consensual sexual acts with a modern, gender-neutral law on rape.

“The Malaysian judiciary will only come into disrepute by holding another show trial of the country’s opposition leader,” Robertson said. “Rather than politicizing the courts and

undermining fair trial rights, the Malaysian government should cease the dirty tricks, drop the charges against Anwar, and return politics to where they belong, in the elected Parliament.”

To read the July 2009 Human Rights Watch news release, “Malaysia: Politics Drive

Upcoming Anwar Trial,” please visit:

http://www.hrw.org/en/news/2009/07/13/malaysia-politics-drive-upcoming-anwar-trial

To read the August 2008 Human Rights Watch news release, “Malaysia: Drop Political

Charges Against Opposition Leader,” please visit:

http://www.hrw.org/en/news/2008/08/06/malaysia-drop-political-charges-against-oppositionleader

To read the July 2008 Human Rights Watch news release, “Malaysia: Political Motivations

Undermine Anwar Case,” please visit:

http://www.hrw.org/en/news/2008/07/20/malaysia-political-motivations-undermine-anwar-case