Is Selangor’s FOI bill good enough?

By Ding Jo-Ann | The Nut Graph

IF Selangor’s Freedom of Information (FOI) bill is made law, how useful will it be in helping the public gain access to information held by the government? The Pakatan Rakyat (PR) government tabled the bill for its first and second reading on 14 July 2010, and a select committee will now be collating feedback and working out its implementation.
Many have heralded the bill’s introduction as an important first step for FOI. After all, the Malaysian government has an ingrained culture of secrecy. A government circular, in fact, forbids civil servants from divulging any facts about the government’s functioning.
Additionally, government officials have become accustomed to classifying anything they do as “secret” under the Official Secrets Act (OSA). All sorts of documents – from landslide reports, to toll and water concession agreements, to results of corruption investigations – have been stamped secret. Calling government departments sometimes feels like a game of “pass the parcel”, where you are an unwanted package that is handed from one official to another before being placed in a corner and completely forgotten.
While Selangor’s initiative is significant, many have pointed out that the bill does not go far enough in promoting transparency in the current opaque environment. Indeed, any law that will now make it compulsory for civil servants to disclose instead of conceal information must be crystal clear in its intention and implementation. There must be no convenient loopholes or backdoor ways to avoid disclosing information that the public has a right to know.
Even where national security or confidentiality is involved, these interests should be weighed against the harm to public interest due to non-disclosure. Hence, any refusal to disclose information must be accompanied by a proper explanation which can be appealed right up to the courts.
So what should the select committee be looking out for as it goes around collating information on how this bill will be applied? A few problematic sections in the draft bill are listed below:
Deemed rejected

(Pic by sundesigns / sxc.hu)

The bill currently states that any request for information must be answered within 30 days, or seven if it’s a matter of life and death. However, it says that if no answer is forthcoming within the stipulated time, then the application is deemed rejected. This conflicts with another clause which states that applicants must be informed of the reasons any application is refused. Given that government departments can be relatively slow in responding, any such provision would not serve the public interest.
Reason for request
The FOI draft bill requires applicants to state the reason why they are applying for the information. If the information is used for purposes  other than those stated in the application, the applicant can be fined up to RM50,000 or jailed up to five years.
This requirement is unnecessarily onerous. A right to know is a right to know. If the government is serious about the public gaining access to information it holds, it should not require applicants to justify why they are making any request.
In the UK, for example, no such requirement is stipulated in their Freedom of Information Act. In fact, applicants under the UK law need not even use a prescribed government form to make any request under the FOI Act. The public can just send a fax or even an e-mail citing the information required.
No court appeal
The government’s refusal to disclose information can be appealed to the Appeal Board, according to the bill. The appointments process of Appeal Board members has already been criticised because it will be done by the state authority, instead of an independent appointments panel. Moreover, the draft enactment states that the Appeal Board’s decisions will be final. Dissatisfied applicants cannot bring the matter before the courts for further review.
Any first-year law student would know that the three arms of government – the executive, legislature and the judiciary – are meant to act as checks and balances on each other. If the judiciary is ousted from scrutinising the Selangor government’s decisions in implementing the FOI law, what does this say about the PR’s commitment to public accountability?
Such a clause would make the PR no different from the Barisan Nasional (BN). The BN government has enacted similar clauses barring the courts from scrutinising minister’s decisions under the Internal Security Act, OSA and Printing Presses and Publications Act.

('Top secret' by spekulator / sxc.hu)

Leaving a legacy
Having said all that, it is still commendable of the PR government to introduce the FOI bill and open it up for public consultation and debate. It is hoped that these, and other concerns about the loopholes available for the government to subvert the bill’s intention, will be conclusively addressed.
After all, in the event that the PR loses Selangor in the next state election, they must ensure that the FOI law they enact is strong enough to compel the next government to operate an open government. It will also be heartening if the PR governments in Penang, Kelantan and Kedah introduced similar bills.
So, what are your thoughts about the FOI bill? When and if the FOI bill becomes law, what would you like to know from the Selangor government? Tell us in six words. Here are some of our thoughts:
Deborah Loh:
Parts of bill don’t make sense.
Lazy officers just wait 30 days.
Still a good effort, but anti-climatic.
Disclose 20-year development plans for Selangor!
Can FOI stop condo building frenzy?
Ding Jo-Ann:
Ouster clause no different from BN.
What about Penang, Kedah and Kelantan?
Federal government – time to play catch-up.
Will ask about traffic management plan.
BN opposition: unclear about FOI concept.
Gan Pei Ling:
See! Water leaking through bill’s loopholes.
Jacqueline Ann Surin:
Disappointing, PR, really disappointing. Do better!
What’s this? PR exercise for FOI?
Why weren’t best FOI practices incorporated?
I want public water concession agreements.
PR diberi peluang. Tetapi bazirkan peluang.
BN whitewashes ISA amendments. PR FOI.
Koh Lay Chin:
PR ke BN, bacalah fine print.
Thank you, but we would’ve waited.
Please don’t push a half-hearted bill.
Lainie Yeoh:
PR let downs are familiar now.
Some freedoms missing in FOI bill.
Certain parts look more like BN’s.

Pelaburan Merudum: Najib Patut Berundur

Dari Harakah
Oleh Abdul Aziz Mustafa

Kejatuhan pelaburan langsung asing (FDI) sebanyak 81 peratus ke negara ini menghilangkan kelayakan Datuk Seri Najib Tun Razak sebagai Perdana Menteri dan Menteri Kewangan, kata Naib Presiden PAS, Datuk Mahfuz Omar.

Merudumnya pelaburan asing itu menunjukkan betapa buruknya tahap pencapaian Indeks Prestasi Utama (KPI) dan Bidang Keberhasilan Utama Negara (NKRA) Najib sebagai Perdana Menteri dan Menteri Kewangan, katanya.

“Dalam sebuah negara Perdana Menteri adalah Ketua Pegawai Eksekutuf (CEO) yang bertanggungjawab untuk membawa pulangan yang lumayan pada negara dari sejumlah wang yang telah dibelanjakan.

“Kejatuhan kedatangan pelabur asing sebanyak 81% telah menghilangkan kelayakkan Najib sebagai Perdana Menteri dan Menteri Kewangan.

“Najib seharus berundur secara terhormat demi untuk menyelamatkan satu Malaysia “rakyat didahulukan pencapaian diutamakan,” kata Ahli Parlimen Pokok Sena itu.

KPI dan NKRA diperkenalkan oleh pentadbiran Najib untuk mengukur adalah pencapaian dalam pengurusan.

“Dalam sektor korporat perkembangan begini adalah gambaran gagalnya seorang CEO. CEO seperti ini akan dipecat kerana tidak produktif dan gagal membawa pulangan keuntungan kepada syarikat. Kejatuhan 81% kemasukan pelabur asing adalah satu pencapaian buruk dan memalukan.

“Bersediakah Najib untuk berundur?

“Tentu tidak dan Najib akan kata business as usual. Inilah budaya ‘tidak apa’ Umno yang merosakkan negara,” kata Mahfuz.

Beliau melihat kejatuhan pelaburan asing yang begitu teruk itu adalah akibat dari gejala rasuah dan kepincangan sistem perundangan negara sehingga persepsi pelabur antarabangsa terhadap Malaysia begitu buruk sekali.

Menurut beliau, bagi pelabur asing, mereka akan melabur di tempat lain selain Malaysia apabila di Malaysia mereka berhadapan dengan rentetan birokrasi yang kronik dan juga terpaksa membayar tukang-tukang lobi yang mewakili ahli-ahli kabinet dan isteri serta keluarga mereka.

“Fenomena ini membawa kepada rasuah berleluasa. Di Malaysia Umno mengamalkan konsep who you know, not what you know. Kalau hendak kelulusan menteri, perlu bekerjasama dengan balaci-balacinya.” kata beliau.

Menurut beliau lagi, pelabur-pelabur asing juga tidak berminat kepada Malaysia apabila melihat kepincangan sistem perundangan dan keadilan negara.

“Kes Lingamgate, kes rampasan kuasa Umno Barisan Nasional (BN) di Perak, kes sodomi kedua dan lain-lain memberi gambaran law of rule bukan rule of law,” katanya.

Begitu juga dengan kepincangan pengurusan di Sime Darby, Felda, Maybank dan syarikat-syarikat berkaitan kerajaan (GLC) yang lain, kata beliau, kesemuanya memberi tanggapan buruk kepada pelabur-pelabur asing.

“Mereka melihat di Malaysia tidak ada budaya accountability dan responsibility.

“Sime Darby rugi berbillion, ahli lembaga pengarah masih ada, tidak ada sesiapa yang dikenakan tindakan undang-undang atau diberhentikan.

“Maybank buat pelaburan bodoh di Indonesia dengan membeli Bank Internasional Indonesia, CEOnya dilantik jadi menteri kabinet, sekarang jadi Pengerusi Majlis Penasihat Ekonomi Negara (NEAC). Felda susut rizab tunai berbillion ringgit, Najib terus jadi Perdana Menteri yang menguruskan Felda dan (Datuk) Ahmad Maslan terus jadi Timbalan Menteri.

“Mana dia accountability dan responsibility? Pelabur tidak akan melabur di negara yg tidak ada budaya accountability dan responsibility,” tegas beliau.

Laporan Pelaburan Dunia 2010 yang dikeluarkan oleh Pertubuhan Bangsa-bangsa Bersatu menunjukkan jumlah FDI ke Malaysia terus mencatatkan penurunan mendadak pada tahun lalu.

Jumlah itu berkurangan RM19.04 bilion berbanding RM23.47 bilion yang diterima pada tahun 2008 (Perangkaan diambil kira berdasarkan nilai US$1 = RM3.20650).

Perangkaan tahun lalu yang hanya bernilai RM4.43 bilion juga tidak mencerminkan separuh daripada apa yang lazimnya diterima oleh Malaysia pada 1995 hingga 2005.

Prestasi Malaysia juga dianggap memalukan jika dibandingkan dengan ekonomi Thailand dan Indonesia yang tidak mengecut dengan teruk di sebalik menerima tempiasan krisis kewangan dunia itu.

Thailand kehilangan RM14.24 bilion manakala Indonesia pula hanya berkurangan RM8.32 billion dalam FDI mereka, tahun lalu.

Kejatuhan mendadak itu yang dikatakan paling buruk dalam 15 tahun menyaksikan jumlah terkumpul FDI yang mengalir keluar melebihi jumlah pelaburan yang diterima sebanyak RM3.21 bilion.

Indo-Pak: Terms of Endearment

Qureshi, Krishna duke it out in Islamabad

(Asia Sentinel) Irreconcilable differences and mismatched expectations wrecked the Foreign Minister's summit between Pakistani External Affairs Minister Shah Mehmood Qureshi and his Indian counterpart S.M. Krishna last week in Islamabad. That has left the two countries at sea over where they go next for a diplomatic solution, or even if the process should continue.

Domestically, there is growing concern within the Congress-led United Progressive Alliance that the popular mood could turn against the party if the dialogue keeps moving from one flop show to another in the absence of a cohesive Indian policy towards Pakistan. This is a prospect that India's beleaguered political establishment can ill afford, saddled as it is with soaring inflation, deadly Maoist threats and the fast-approaching Commonwealth Games deadline, for which the country is far behind schedule.

There is disagreement as well between various Indian government agencies, triggering serious concern over the course of the Indo-Pakistani engagement. Should New Delhi merely accommodate Pakistan as a troublesome neighbor that must be suffered and thus contained? Or should India continue to seek to befriend Pakistan with the hope of resolving sensitive bilateral issues in the foreseeable future?

The public spat at the Krishna-Qureshi joint press conference marks a new nadir in Indo-Pakistani diplomacy. The two warring ministers squandered the opportunity to break the impasse created by the murderous terrorist attack in Mumbai in November of 2008 and flesh out ways to build mutual trust, cooperate against terror or identify a roadmap for the resumption of the peace process that has been stalled since the Mumbai terror attacks.

In fact the frequent failure of recent bilateral talks including earlier ones at Agra in 2001 and Sharm-el-Sheikh in 2008 has led New Delhi to the question whether India should seek to engage with Pakistan at all. What has contributed increasingly to this skepticism is that despite a gap of 15 years between coordinated bomb blasts which killed 250 people and injured 700 in Mumbai in March 1993 by Pakistani-based terrorists and the second attack on the city in 2008, diplomacy has not achieved any tangible results. Despite numerous attempts to revive an Indo-Pakistani dialogue in the intervening decade-and-a-half, Pakistan's unrelenting hostility towards India has remained unchanged.

This was reinforced by the National Security Advisor, Shivshankar Menon, who confirmed what Home Secretary G K Pillai had said earlier: The interrogation of David Coleman Headley, a Pakistan-based American citizen involved in the 26/11 attack, revealed a clear nexus between the terrorists, the official establishment and intelligence agencies in Pakistan.

And, in Menon's words, "the link is getting stronger." What the Headley revelations also do is to raise questions about the very premises of the Congress-led UPA government's Pakistan policy. Prime Minister Manmohan Singh's belief that there can be normality in the near term with Pakistan through sustained dialogue increasingly sounds unconvincing.

Paradoxically, despite its attitude towards India, Pakistan has been able to gather more support from the global community than India can -- be it America (due to its strategic dependence on Pakistan for geopolitical reasons), the Arab nations, East Asia or even the rest of the subcontinent.

However, the repeated failure of Indo-Pakistani diplomatic talks underscores only one thing -- the inflexible positions adopted by the two nations and their unwillingness to accommodate each other's core concerns. It is this stance that is jeopardizing diplomacy and ruining the chances of achieving desirable results.

Foreign policy analysts suggest that it is time to rewrite Indian policy to factor in the new geopolitical realities – Pakistan's less-than-effective civilian government, and the fact that the ultimate levers of powers in India's neighborhood are controlled by the Pakistani Army if not the notorious Inter-Services Intelligence Bureau, known as the ISI.

"The irony is that issues like Kashmir, peace and security, Sir Creek, Kashmir and Siachen are subjects India and Pakistan have wasted several years of formal dialogue over without achieving any tangible progress," said Narottam Kapoor, senior professor, Political Science, at Delhi University. "Given the long-standing deadlock over proposals for verification of a mutual withdrawal, it's time both the nations resolved issues by thinking out of the box."

Perhaps the two nations can, suggests one school of thought, eschew the Composite Dialogue model that was crafted in 1997 and focus on how the Pakistani Army can be engaged fruitfully in foreign policy matters with India. This approach may just click considering that many of the bilateral problems involve a military solution. However, there is an ongoing contest between the civilian and military wings of the Pakistan establishment, meaning India needs to be cautious in engaging with the Pakistani Army without offending the sensibilities of the civilian government.

Abandoning dialogue, the moderates say, however, is not a good option as witnessed in the past. Even Prime Minister Manmohan Singh has – at Sharm el-Sheikh last year and again at Thimphu – made out a strong case for engagement.

In the wake of the controversy that Krishna's visit to Islamabad has generated, Singh's critics are likely to reiterate that engagement has failed yet again. Already, India's opposition parties are crying themselves hoarse that New Delhi should break off its dialogue.

However, the stakes are so high on both sides that neither can afford to be deflected by diplomatic fireworks. The two need to focus on a dialogue structure which allows both to work towards a sustainable foreign policy solution.

As a former Pakistani High Commissioner to India wrote in The Times of India, "We need to move beyond symbolic gestures to game changers. The process of resolving major issues of concern to each side may take time but it must soon generate momentum and transform the context of our relationship so that solutions hitherto considered out of the question begin to beckon."

No cakewalk this. There are major attitudinal barriers and averse stake-holders in both countries who play the zero sum game. But gradually, if both nations seriously address each others' core issues of concern things just may fall in place. In India's case, it is dismantling structures of terrorism including assurances about prosecution of those implicated in the Mumbai atrocities, removing trade barriers, cultural and people-to-people exchanges, eschewing hostile disinformation, etc.

In the case of Pakistan, it will be a structured and substantive dialogue process, progress towards a Kashmir settlement, improvements in the human rights situation in Kashmir, non-interference in Balochistan, refraining from using America and Afghanistan as pressure points on Pakistan, improved cooperation on water management issues within the context of the Indus Water Treaty, etc.

"It's time we work out a cogent and workable strategy to deal with Pakistan. New Delhi should stay engaged with Pakistan but only after fresh deliberations," a senior Congress functionary told Asia Sentinel.


Neeta Lal is a New Delhi-based journalist contactable at neetalal@hotmail.comThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Discipline the Little Napoleans

By Thomas Lee, MySinchew

It is indeed a relief that Deputy Prime Minister cum Education Minister Tan Sri Muhyiddin Yassin has given an assurance that non-Mulsim religious clubs or societies are not banned in schools.

Muhyiddin has pledged that school clubs and societies related to non-Muslim activities that have been in operation for decades need not be disbanded.

He said the Education Ministry has not issued any directive for such clubs or societies to close.

If such is the case, then disciplinary action must be taken against the officials of the Selangor Education Department and certain school heads who have been flexing their muscles to curb religious activities by the non-Muslim students in the schools.

The recent case of the Klang High School being ordered to close its non-Muslim religious clubs is not an isolate case.

Take the case of the Christian Fellowship (CF) of SMK SS17 Subang Jaya, which has been in existence for more than 10 years before it was banned. It existed even before the 16 December 2000 Surat Pekeliling, compelling any such new non-Muslim religious clubs and societies to obtain approval from the Selangor Education Department before being allowed to operate.

The CF of SMK SS17 Subang Jaya had complied with and met all the conditions as per the 16 December 2000 Surat Pekeliling, but was not officially registered with the Selangor Education Department. In fact, since it was an existing club, there was no requirement for it to be registered. It was a de facto legal entity.

However, in a letter dated 10 March 2009 (ref. JPNS/SPS/PPN/A25080/06/06 Jld. 3), the Pengarah Pelajaran Negeri Selangor, Dr Haji Zahri Aziz, told the SMK SS17 Subang Jaya that the CF and the Buddhist Society were not allowed to be registered (tidak dibenarkan) with the state education department. The new headmistress Puan Zuariah Yusof then ordered the CF and Buddhist Society to cease operation and banned their student members from meeting.

The unilateral decision of the Selangor Education Department to ban the CF and the Buddhist Society is certainly unwarranted and unjustified, a gross violation of the human and consititution rights of the non-Muslim students.

Article 11 of the Federal Constitution on the Freedom of Religion specifically states that:

Every person has the right to profess and practise his religion and, subject to Clause 4, to propagate it.

No person shall be compelled to pay any tax the proceeds of which are specially allocated in whole or in pairs, part for the purpose of a religion other than his own.

Every religious group has the right to manage its own religious affairs, to establish and maintain institutions for religious or charitable purposes, and to aquire and own property and hold and administer it in accordance with the law.

The high-handed manner in which the Selangor Education Department ordered the closure of non-Muslim religious societies in SMK SS17 Subang Jaya, and perhaps other schools in the state, is a direct contradiction of the statement of Deputy Prime Minister cum Education Minister Tan Sri Muhyiddin Yassin that no directive has been issued by the ministry to ban the non-Muslim clubs and societies.

That means that the top officials of the Selangor Education Departments had issued the discriminative directive on their own whims and fancies, in violation of Article 11 of the Federal Constitution, without authorisation, and in insubordination and recalcitrance against the federal government policies.

If such is the case, it will certainly be appalling, outrageous and scandalous if no disciplinary action is taken against such irresponsible and ignominious public officers who give the government of the day a bad image.

As Rev Dr Thomas Philips, president of the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism & Taoism (MCCBCHST), said in the Klang High School case, such a unilateral decision should be opposed with the strongest possible vehemence.
In the SMK SS17 Subang Jaya case, there is no need for its CF to be registered as it has already been existence before 16 December 2000, the date of the Surat Pekeliling.

The school has the log books of the CF meetings during that time. Clause 2 states that CF can be formed after the registrar (Pengarah Pendidikan Negeri) has considered and is satisfied with an application for a school CF. This clause applies only to schools whose CFs have yet to come into existence before 16 December 2000. Clause 3 states that where the school already has a CF, the society can continue to carry on its functions.

Nevertheless, to ensure that all legal requirements are met, the CF of the SMK SS17 Subang Jaya applied to the Selangor Education Department to be registered.

The school then received a letter from the Selangor Education Department that the application to register its CF was rejected.

This case brings to the fore the very significant question of why non-Muslim religious clubs and societies in schools must be approved and registered with the Education Department. Are the other clubs and societies in schools, such as the Art Club, the Speech and Debating Society, the Music and Drama Society, the School Band, etc, required to seek the approval of the Education Department before they are allowed to be formed?

If not, why must the non-Muslim religious clubs and societies in schools be the exception and be forced to apply for approval?
In the SMK SS17 Subang Jaya case, the CF applied for approval but the Selangor Education Department rejected its application. On what ground?

In connection with the directive to get approval for setting up non-Muslim religious clubs in school, I am shocked with the dumbest explanation on this issue made by Deputy Education Minister Datuk Wee Ka Siong.

Wee was quoted by The Star as saying that “schools could not reject such applications”, and “a circular signed by the ministry’s director-general Datuk Shukor Abdullah in December 2000 did not mention that applications to register such organisations could be rejected”.

It is simply flabbergasting that such preposterous and nonsensical explanation could be given by a deputy minister of education. If such application cannot be rejected, why on earth does a non-Muslim religious club has to apply for registration with the state education department?
Deputy Prime Minister cum Education Minister Tan Sri Muhyiddin Yassin’s assurance that the federal government does not ban non-Muslim religious clubs and societies in schools is not the end of the story.

What Muhyiddin should do is to issue a directive lifting all restrictions for the formation of the non-Muslim religious clubs and societies in schools. In other words, make sure the instruction is properly understood and applied by those smart-alec civil servants who should be curbed for flexing their muscles and using bullying tactics.

The freedom to believe, practise and teach one’s religious beliefs and faith is a universal God-given right, enshrined in our Federal Constitution and in the international human rights instruments of the United Nations, and no Little Napoleon in the Malaysian civil service should be allowed to violate it.

The federal government needs to show that it is fair and just to all Malaysians, irrespective of colour, creed, culture, or class, by ensuring that those civil servants that thwart, frustrate, and sabotage the multi-racial, multi-religious, multi-cultural, and multi-lingual nation-building process should be brought to book and disciplined.

Maglin Rebukes Tamil Newspapers For Unhealthy News

SUBANG JAYA, July 25 (Bernama) -- Deputy Information Communication and Culture Minister Datuk Maglin Dennis D'Cruz has rebuked certain Tamil newspapers for not providing "healthy news" for public consumption.

Ethically, he said, newspapers should provide information which was beneficial to the public and therefore, refrain from being used by certain quarters for personal or political mileage.

"The use of newspapers for personal motives is improper because it can create chaos amongst interested parties...this is not healthy in the running of newspapers.

"Newspapers should get their facts right before publishing certain news so as not to create inconveniences to readers," he said.

D'Cruz was speaking to reporters after launching the fifth anniversary celebrations of Volkswagen Beetle Club of Malaysia's 'Bug O Rama' 2010 here Sunday.

On a claim by former People's Progressive Party (PPP) Youth chief Datuk T. Murugiah -- who recently joined the MIC -- to get about 200,000 of his supporters to join the party, Maglin who is PPP vice-president, said his party did not foresee any problem with such a move.

"The fact is, no one from PPP is crossing over (to the MIC) or making such a move...moreover, he (Murugiah) is not a PPP member anymore," he added.

However, he said PPP could get along with MIC and the rest of the Barisan Nasional (BN) component parties.

"We are under the same roof (BN) and working for one motive...therefore, we should work together to help Prime Minister Datuk Seri Najib Tun Razak in implementing 1Malaysia," he said.

Kenyataan Akhbar: Cukup sudah 50 tahun: Mansuhkan ISA dan lain-lain undang-undang penahanan tanpa bicara serta peruntukkan keselamatan yang kuno

1 Ogos 2010 menandakan ulangtahun ke-50 berkuatkuasanya Akta Keselamatan Dalam Negeri 1960 (AKDN).  AKDN membenarkan kuasa menahan seseorang tanpa perlu dibicarakan yang melanggar hak asasi untuk dianggap tidak bersalah sehinggalah dibuktikan bersalah.

Majlis Peguam pada 19 Julai 2010 telah mengemukakan memorandum kepada Kementerian Dalam Negeri menuntut pemansuhan AKDN serta undang-undang lain yang membenarkan penahanan tanpa bicara, iaitu Ordinan Darurat (Ketenteraman Awam dan Mencegah Jenayah) 1969 dan Akta Dadah Berbahaya (Langkah-Langkah Pencegahan Khas) 1985.  Memorandum tersebut turut menuntut Kerajaan Malaysia memansuhkan Akta Kediaman Terhad 1933, Akta Pencegahan Jenayah 1959 dan Akta Buang Negeri 1959.

Memorandum Majlis Peguam menarik perhatian kepada sifat kuno perundangan-perundangan tersebut.  Memorandum itu menyerlahkan bagaimana undang-undang yang membenarkan penahanan tanpa bicara melanggar prinsip-prinsip hak asasi manusia yang diperuntukkan dalam Deklarasi Hak Asasi Sejagat 1948 dan konvensyen-konvensyen antarabangsa lanjutan dari itu.  Ia turut membandingkan undang-undang anti-keganasan dalam bidangkuasa-bidangkuasa lain seperti Australia, Canada, United Kingdom dan Amerika Syarikat yang kesemuanya menyediakan peruntukkan menyeluruh bagi melindungi keselamatan negara masing-masing tanpa mengabaikan ciri-ciri perlindungan kebebasan individu dan hak asasi manusia.  Ini telah dipastikan melalui gabungan beberapa ciri seperti klausa ‘sunset’ yang otomatik, pengawasan kehakiman dengan peruntukkan perahsiaan dan hak mendapatkan khidmat guaman.  Undang-undang Malaysia seharusnya turut memperuntukkan perlindungan yang sama.

Memorandum Majlis Peguam menegaskan bahawa peruntukkan undang-undang Malaysia melalui Kanun Keseksaan dan Kanun Acara Jenayah yang telah dikukuhkan serta peruntukkan imigresen, perundangan untuk pencegahan pengubahan wang dan pencegahan pembiayaan keganasan sudahpun memberi kuasa yang cukup kepada agensi-agensi penguatkuasaan undang-undang untuk menangani cabaran yang dihadapi dari aktiviti jenayah sedemikian, namun pada masa yang sama membolehkan seseorang itu didakwa menurut proses undang-undang yang sewajarnya.  Kuasa menahan tanpa bicara dan menyekat pergerakan bebas adalah langsung tidak perlu dan hanya akan menjurus kepada sikap melakukan siasatan secara acuh tak acuh serta menyebabkan salahguna dan penyalahgunaan undang-undang.

Memorandum tersebut boleh dimuat turun di sini.

Badan Peguam Malaysia menuntut agar Kerajaan Malaysia menghormati dan menegakkan hak asasi manusia rakyatnya.  Sebagai ahli Majlis Hak Asasi Manusia Bangsa-Bangsa Bersatu 2010-2013, Malaysia kini terikat dengan tanggungjawab menegakkan suatu piawaian hak asasi yang tertinggi.  Ini akan hanya dicapai melalui pemansuhan kesemua undang-undang yang melanggar prinsip-prinsip hak-hak asasi manusia seperti AKDN dan lain-lain perundangan yang membolehkan penahanan tanpa bicara serta penyekatan kebebasan bergerak rakyat di dalam kawasan sempadannya sendiri.  Cukup sudah 50 tahun hidup di bawah AKDN (dan tempoh lebih panjang di bawah sebahagian peruntukkan-peruntukkan yang lain).  Sekaranglah masanya untuk membebaskan rakyat Malaysia dari undang-undang yang tidak saksama atau adil.


Ragunath Kesavan
Presiden
Badan Peguam Malaysia

UK all-parliamentary group chief writes to Taib

The chairman of the British parliament’s All Party Parliamentary Group for Tribal peoples, MP Martin Horwood, has written to Taib Mahmud expressing concern about the plight of the Penan as the Sarawak chief minister arrived in the UK.

A barrage of placards greeted Taib at Oxford University’s Said Business School this morning – Photo credit: Survival

Martin Horwood, MP - Photo source: Wikipedia

“The Penan have frequently been subject to violence and intimidation at the hands of loggers operating on their land… Without recognition of their land rights, the Penan are struggling to provide for themselves, and are left vulnerable to violence and exploitation,” Horwood wrote, according to Survival, the movement for tribal peoples.
Horword asked Taib to “halt logging and other developments on the Penan’s land without their free, prior and informed consent, according to international law” and to “ensure that Penan women and girls are protected from sexual violence and the perpetrators of such abuse brought to justice”.

Rosmah & Stevie Wonder | Dad: Quiet down; Jho: I CAN'T HEAR YOU

Sigh. Looks like this blog is going to degenerate into some sort of Jho gossip rag :P First some pics you might’ve seen already, and then some you probably have not re: more Rosmah debauchary.
(ps- is all this just jealousy? You bet. You’ll probably catch me doing worse some day. Just. Hopefully. Not on the rakyat’s dime).
So, just after we read this:

Malaysian millionaire Taek Jho Low has been asked by his father to lie low after news of him and American party girl Paris Hilton exploded on the media worldwide.
His father, a businessman, told Sin Chew Daily he had told his son to be cautious with his words and actions.

We get wind of this:

Ah, see that last one? One day I will be part of the entourage – probably the hamsuplo on the bottom right. Flers fingers like mine, mebbe more ways than one :P
These pictures were reportedly taken at Byblos Nightclub in Saint Tropez. Don’t ask me where that is – not rich or famous enough to know :) This gossip site (with quite the picture) has the amount spent that night at 1.8 million POUNDS (RM 8.8 million today, if you’re counting. In. A. Single. Night.). Erk.
Eh, but you all don’t hate on Jho so much k? Mebbe it’s true love:

Are you thinking what I’m thinking?
CAPTION CONTEST TIME! haha :)
The other thing I came across over the weekend were photos taken during a “Faces of 1Malaysia” dinner was held at the Mandarin Oriental in Washington DC on April 13th, 2010.
These pictures feature, of all people, Stevie Wonder!

Haha, no that video was not from the event. But these pics apparently were:



Do I have any way of proving this wasn’t just some other dinner? Nope, can’t say I do, but if anyone wants to deny it, please feel free.
As I said before, there’s generally no harm in indulging in all sorts of debauchary – I’m no moralist in that regard. That said though:
1. This is the PM and his wife we’re talking about.
2. How much is all this costing WHO exactly?
I think the latter question is the one and only thing that justifies our continued attention.
This obssession with celebrities must also give us pause as to the nature of the second couple – what their priorities are in life, what they want to spend money on, and how they go about spending that money.
More thoughts on these to come soon I hope.
Oh! And I almost forgot. A great little bird from the UK sent me a press statement from the Bruno Manser Fund today:

The Oxford University’s Saïd Business School has come under fire over an invitation extended to Taib Mahmud, the controversial Chief Minister of the Malaysian state of Sarawak. Taib Mahmud will present an opening address at the “Oxford Global Islamic Branding and Marketing Forum” to be held on 26-27 July 2010. British civil society groups have announced a protest rally for tomorrow morning, 26 July 2010, in front of the Saïd Business School.
According to a joint NGO statement, which will be released tomorrow, Taib is “one of Asia’s greatest kleptocrats” who has “systematically plundered the rich Borneo jungles for timber”. “Most of the state of Sarawak has been illegally absorbed into the possession of his cronies and family members through ‘privatisations’ and the handing out of palm oil and timber concessions, via arbitrary state acquisitions of native lands.” This has resulted in “environmental destruction, serious human rights violations and poverty.”
By inviting Taib Mahmud as a keynote speaker, the Saïd Business School is not only offending Sarawak’s native communities and Malaysia’s civil rights movement but is also betraying the Oxford University’s integrity and academic tradition.

Right on the money.
And oh, how did Taib get this invitation in the first place?
I don’t suppose it has anything to do with oh, I don’t know, Washington based lobbying firms perhaps? Ones with secretaries named Jo maybe?
As the cliche has it, the plot thickens.
ps- Must highlight a follow-up from Wendy Brandes, who was quoted as an eyewitness source from last post. Thanks Wendy!

I’m glad you find my telling of the story amusing! I can assure you every word of it is true and even understated. As you say, I’m a complete outsider and have no agenda. I did try to stay polite, since I was an invited guest, and not speculate on how all those celebrities came to be there. It was one of the most peculiar events I had ever been to and I’m not surprised that it’s become part of a larger issue.

pps- Neverending supply of pics. More here

Kalimullah dakwa PM terlibat dalam kes Altantuya

(Free Malaysia Today) - Pertubuhan Pribumi Perkasa Negara (Perkasa) menggesa kerajaan menyiasat dakwaan Datuk Kalimullah Hassan bahawa pembunuhan wanita Mongolia, Altantuya Shaariibuu menggunakan bom C4 pada 2006 melibatkan Perdana Menteri Najib Tun Razak.

Ahli Majlis Tertinggi Perkasa, Zahid Mat Arip berkata, "dakwaan Kalimullah itu disiarkan oleh portal berita "The Malaysian Insider". Dakwaan ini berunsur fitnah bertujuan untuk menjatuhkan Najib."

“Kalimullah telah menyiarkan berita itu sebelum polis membuat penyelidikan terhadap kes berkenaan dan ini menyebabkan imej Najib tercalar.

“Saya yakin beliau mempunyai agenda tertentu untuk menjatuhkan Najib yang ketika itu menjawat Menteri Pertahanan,” katanya ketika dihubungi oleh Free Malaysia Today, hari ini.

Ujar beliau, "siasatan terhadap Kalimullah perlu dijalankan berdasarkan artikel-artikel yang disiarkan bertujuan untuk mengelirukan rakyat tentang kewibawaan seorang tokoh negara.

Menurutnya, Kalimullah bertindak demikian kerana ingin membantu pihak tertentu bagi mengalih pandangan umum supaya menyokong mereka.

Zahid turut mempertikaikan kontrak bernilai jutaan ringgit yang diberikan kepada syarikat milik Kalimullah oleh Lembaga Hasil Dalam Negeri (LHDN).

“Kontrak yang beliau perolehi daripada LHDN itu menimbulkan keraguan orang ramai dan LHDN harus menjelaskan perkara ini supaya tidak disalah anggap," terang beliau.

PERKASA minta KDN siasat isu C4, Kalimullah

(Berita Harian) - Kementerian Dalam Negeri (KDN) diminta menyiasat berhubung artikel yang ditulis Datuk Seri Kalimullah Hassan mengenai bahan letupan C4 ketika beliau menerajui The New Straits Times Press Berhad (NSTP).

Presiden Pertubuhan Pribumi Perkasa Malaysia (PERKASA), Datuk Ibrahim Ali berkata, Ahli Dewan Tertinggi pertubuhan itu, Mohd Zahid Md Arip sebelum ini sudah meminta Kalimullah supaya menjelaskan mengenai artikelnya itu.

Artikel mengenai bahan letupan C4 ini amat serius..., maka kita meminta KDN supaya segera menyiasat mengenai perkara ini, katanya pada sidang media selepas menghadiri majlis perasmian PERKASA peringkat Parlimen Wilayah Persekutuan di sini, semalam.

Kelmarin, sebuah akhbar berbahasa Melayu memetik temu bual Mohd Zahid bersama TV3 yang disiarkan menerusi Buletin Utama Sabtu lalu, yang meminta Kalimullah menjelaskan kaitannya dalam plot menjatuhkan Datuk Seri Najib Razak ketika menyandang jawatan Timbalan Perdana Menteri dan Menteri Pertahanan.

Dalam temu bual berkenaan, beliau mendakwa, Kalimullah dipercayai mempunyai kaitan dengan plot itu dan turut mendakwa, Kalimullah menyiarkan artikel tidak tepat ketika menerajui NSTP mengenai bahan letupan C4 yang digunakan dalam kes pembunuhan model warga Mongolia, Altantuya Shaariibuu pada 2006.

Dalam artikel itu, C4 ini kononnya hanya dimiliki oleh Angkatan Tentera Malaysia (ATM) dan perlu kelulusan tertinggi Kementerian Pertahanan.

Berita ini tidak tepat kerana kita tahu bahan letupan ini juga ada di semua depot senjata Polis Diraja Malaysia dan penggunaannya tidak memerlukan kelulusan tertinggi.

Jika Kalimullah tidak mahu bertanggungjawab, tidak mahu menjawab, dan berdiam diri, beliau jangan marahkan saya. Seluruh rakyat percaya beliau salah seorang yang merancang plot untuk menjatuhkan Najib ketika itu dan agenda itu berterusan sehingga sekarang, dakwa Mohd Zahid seperti disiarkan dalam Buletin Utama itu.

Sacked MIC man to head towards opposition?

By G Vinod - Free Malaysia Today

KUALA LUMPUR: Sacked MIC central committee member KP Samy will decide in one month's time the course of his political future.

As it stands, he has an offer from an unnamed opposition party to join them as well as the option of setting up his own NGO to continue with his intention to help the Indian community.

“I'm still mulling several avenues to continue with my political struggle, be it through an opposition party or setting up my own NGO to assist the Indian community in Klang,”said Samy in a press conference today.

He was sacked by MIC president S Samy Vellu on May 24 for allegedly tarnishing the party. His appeal for reinstatement was dismissed by the party's CWC on July 22.

Samy, a known critic of Samy Vellu, has continously raised the issue of the president sitting on the post for a long time. Samy is also a loyalist of Samy Vellu's arch rival and former deputy president S Subramaniam.

When asked today as to the identity of the opposition party which had offered to take him in, Samy said it was not the time to reveal the identity of the party.

“I do not wish to reveal the name yet, as I'm still undecided,”said Samy. “I will decide within a month on what's my next step going to be.

“However let me reiterate that no matter where I go, I do not wish to have any position of power as I'm only interested in serving the community.”

He also added that his 4,000 supporters are eagerly awaiting for his next move, be it in the opposition party or through his NGO.

Selfish Murugiah

On another matter, Samy also took a swipe at Deputy Minister in the Prime Minister's Department T Murugiah for joining MIC, claiming that the former PPP man had put his interest above that of his supporters.

“A real leader will put his people's interest before himself. Here we have the leader entering the party first, leaving his supporters in a lurch over their fate,” said Samy.

Murugiah joined MIC last week after being partyless for more than a year. He was sacked by PPP for tarnishing the party's image in May 2009.

Samy also dismissed Murugiah's claim of having 210,000 supporters, who have yet to join MIC.

“I challenge him to recruit a minimum of 5,000 people for MIC from major cities in Malaysia.”

“I also challenge party president Samy Vellu to set up an additional 2,000 branches to accommodate Murugiah's supporters,” said Samy.

Samy also did not hide his anger with the manner MIC discarded veteran grassroots leaders like himself but at the same time accepting people like Murugiah who had caused a split in his old party.

“Here is a person who went against his party (PPP) president, took the president to court and yet he is accepted into MIC but people like me who had slogged for the party for 38 years have been sidelined,” he said bitterly.

Keris-armed Orang Asli ready to battle for land rights

By Rahmah Ghazali and Hisyam Salleh - Free Malaysia Today

FMT EXCLUSIVE OLAK LEMPIT: The Orang Asli are prepared to unsheathe their keris to defend their land and rights from “invaders” as a desperate act of resistance.

If they don't fight, they fear they have to answer to their angry ancestors in the hereafter.

However, these humble and unassuming indigenous people prefer not to resort to violence. Instead, they want to battle the Selangor government in court for failing to protect them from the encroaching outsiders who have gobbled up their ancestral land.

They want to take the Selangor government to court next month for failing to act on their behalf against the injustice that had been perpetrated on them since 1990.

Dewi Malam, a Tok Batin representative from Kampung Orang Asli in Pulau Kempas, said the community has lost 17,500 acres of land out of 17,900 acres given them by the fourth Selangor Sultan Abdul Samad more than a century ago.

The land was finally gazetted to them in 1927.

Based on a copy from the National Archive, Dewi said the gazetted land borders ELITE highway all the way down to Kampung Kubang Beras and reaches the border of Pekan Sungai Manggis. It then goes up to Teluk Panglima Garang until Jalan Kebun on the east side of the district.

However, over the years, the land has shrunk because of encroachments by Tenaga Nasional Bhd, ELITE highway, state-owned Permodalan Negeri Selangor Bhd and a contractor LBS Bina Group Sdn Bhd.

And all these invaders, too, cannot escape from facing court scrutiny, said Dewi, 49.

“We are not here to discuss with any of them. We are here to bring the matter to court. That is the only option left because we no longer have faith in the current (Selangor government) leadership.

“We want to fight this in court and let the judge decide our fate,” he told FMT in an exclusive interview at his village here.

He said the legal action against the current state government and other responsible parties would be the first step towards initiating a similar move against the federal government and the previous state administration.

“We want to take one step at a time. First, we will take action against the things that are happening right under our nose. Later, we will look at the bigger picture,” he said.

Royal command to 'kill'

Dewi recalled that the late Sultan Abdul Samad had passed on a “sacred” keris to the Orang Asli community in the area for them to use if their land was invaded.

The keris is believed to be more than 100 years old.

“The Sultan said if there are people who invaded our land, we could use the keris to fight and kill them.

“But we are not like that. Although we are desperate, we will never use violence,” said Dewi, adding that he could bring the keris to court as evidence.

“We are still holding on to this artefact. This was what was given to us to defend ourselves. We will bring it to court if the situation persists.

“We want to show that the late sultan was concerned about us and our rights,” he said.

The future may look bleak for them but they are determined to stand their ground.

“It would be a great loss if our rights were not given back to us... we wouldn’t have anywhere to live if we don’t get what we deserve,” Dewi said.

He, however, said it is not the money they are seeking if the court rules in their favour. More precious to them is their dignity and their rights

“We don’t want the money, we just want our dignity and land back. I am worried that if we do not fight for it now, our ancestors in the hereafter will question us.

“We better get back the land rather than being questioned by them,” he said.

'Umno baiting PAS to destroy Pakatan'

By Fazy Sahir - Free Malaysia Today

PETALING JAYA: Umno is attempting to create fissures in Pakatan Rakyat by baiting PAS on the issue of cooperation, said an academic.

“This is one of Umno’s political tricks. Umno knows that if PAS takes the bait, it will die in seats which the party won on non-Malay support like in Kedah,” Abdul Aziz Bari told FMT.

“In other words, Umno is using PAS to cripple Pakatan because Pakatan is dependent on PAS,” he added.

According to him, Umno was profiting from these political polemics compared to PAS which is still obsessed with its “musuh dalam selimut” (enemy within) thinking.

Abdul Aziz said that Umno was using this to distract the people from the issues at hand, economy and corruption, which Pakatan is constantly raising.

He pointed out that it would be difficult for cooperation between the two parties to materialise because PAS spiritual leader Nik Abdul Aziz Nik Mat was against it.

But from Umno's perspective, this issue was beneficial to them.

"This issue is capable of switching public attention away from the economy and corruption which are important to Pakatan. It’s worked well for Umno.

“Say what you want but Umno has won; just watching PAS scrambling to look for the enemy within says much,” added the International Islamic University law lecturer.

Abdul Aziz also agreed with PAS' Shah Alam MP Khalid Samad that those who had met with Perak Mufti Harussani Zakaria should be sacked from the party.

“I think it is stupid if PAS follows Umno and I agree with Khalid that the leaders who met with Harussani should be sacked. These leaders have clearly gone against party interests,” he said.

Harussani, who offered himself as a mediator to the PAS-Umno unity talks, said several PAS and Umno leaders met him to discuss the issues and asked his views on how to unify the two rivals.

’Cooperation could reduce differences’

Meanwhile, Transparency International (Malaysia) president Ramon Navaratnam said cooperation between the two parties could work if the aim was to improve unity among communities in the country.

“Any form of cooperation between political parties is always good but the aim must be to enhance existing unity. Let’s just hope that this is not a political trick.

“If everyone is supportive of a one community, irrespective of race and religion, then such cooperation would be fruitful. It would also reduce the bickering between the two parties.” he said.

Navaratnam warned however that cooperation cannot just tout Malays and Islam because then it would have negative implications on other parties and the Barisan Nasional concept.

'Al-Qaeda kills French hostage'

The 78-year-old French engineer Michel Germaneau was kidnapped in April in Niger [AFP] Al-Qaeda in North Africa says it has killed French engineer Michel Germaneau, who was abducted in Niger in April. In an audio statement broadcast by Al Jazeera on Sunday, the head of al-Qaeda in the Islamic Maghreb (AQIM) said his group killed the Frenchman on Saturday in response to a raid by France and Mauritania against the group. "[French President Nicolas] Sarkozy was unable to free his compatriot through this failed operation but he definitely opened one of the gates of hell on himself, his people and his nation," the man, identified as AQIM leader Abu Musab Abdul-Wadud, said. "As a quick response to the despicable French act, we confirm that we have killed hostage Germaneau in revenge for our six brothers who were killed in the treacherous operation," the voice in the tape, which resembled that of other recordings attributed to Abdul-Wadud, said. The French presidency in Paris said it had received "no confirmation" of the killing of Germaneau, and was trying to verify the claim. Sarkozy called a crisis meeting of his defence and security advisers for Monday. Cross-border raid Mauritanian troops, backed by French special forces, launched the cross-border raid against an AQIM base in Mali on Thursday and continued the assault for several days. The raid into Mali was a sign of an escalating European and African response to the armed group. Mauritanian officials have said six fighters were initially killed and a seventh later died of wounds.     The military operation appeared to anger Mali, which was not involved, and Spain, which also has hostages held by another al-Qaeda faction in the region. Paris has indicated that both those countries were informed in advance. Germaneau was kidnapped in northern Niger on April 19 and the next month his abductors issued a photograph of him as well as a taped message in which he appealled to Sarkozy to work for his release. He said he suffered from a serious heart illness and had no more medication and that he was struggling with the heat. Germaneau's Algerian driver, who was also abducted, was later released. He said the Frenchman was being held in a desert zone in Mali. On July 11, AQIM gave France a 15-day deadline to help secure the release of its members in the region, warning that Germaneau would be killed if Paris failed to comply. Raid criticised Current and former security officials in Algeria, which has the most experience with AQIM because it grew from a group that originated there, had warned that the raid could put the French hostage in danger and criticised French involvement.     One Algerian security official said the operation would help the fighters recruit more followers by allowing them to cast their campaign as a battle against Western "infidels" and not just fellow Muslims. "The failure will be used by the extremists to spread their anti-Western propaganda," the security official, who did not want to be identified because he was not authorised to speak to the media, told the Reuters news agency. A former Algerian security official said: "France failed to release its hostage. It failed to eliminate Abu Zeid.... "It angered the terrorist group, which will now either demand a ransom or kill the hostage if it has not done it already." AQIM killed British captive Edwin Dyer last year after Britain refused to give in to its demands.    Last April, French troops attacked pirates who seized a yacht off the coast of Somalia. One hostage died and four were freed.

Muslims party on despite religious crackdown

By Beh Lih Yi - Free Malaysia Today

FEATURE KUALA LUMPUR: Dusk has fallen and the party is just beginning for 29-year-old Asyikin, one of the many young Malays who hang out in Kuala Lumpur's vibrant Bukit Bintang nightlife district.

A morality crackdown has seen Malaysian Islamic authorities hand out caning and jail sentences for illicit drinking and sex, and launch raids on homes and clubs in the glare of media flashlights.

But for Asyikin, a petite and attractive business executive dressed in a knee-length skirt and strappy high heels, the campaign hasn't dampened her party mood.

"I couldn't care less, I'm partying. Religion to me is a personal thing," she says as she sips a glass of whisky and greets other regulars at the bars and restaurants that line the narrow streets.

Malays, who make up 60% of the population, are forbidden to have sex out of wedlock or drink alcohol under the syairah legal system which runs in parallel to the civil courts in Malaysia.

In an unprecedented case that grabbed world headlines last year, Muslim model Kartika Sari Dewi Shukarno, 33, was sentenced to six lashes of the cane for drinking beer.

Kartika's sentence was commuted to community service after an uproar from rights groups, but three other women were quietly caned under Islamic laws in February for having sex out of wedlock.

Offspring of the nation's elite

Despite the highly publicised cases, every weekend Kuala Lumpur's top clubs are packed with fashionably dressed youngsters including Muslim Malays -- many offspring of the nation's elite -- socialising and drinking openly.

"I'm a bit more wary after all these cases but it doesn't really affect my mood to go out and party," says Muaz Omar, a civil servant who goes to pubs with friends to watch live band performances.

"People who drink still do go out because even private parties at home are subjected to raids, there is no longer a safe haven," says the 35-year-old, who adds that he does not drink himself.

"The religious authorities should not be a moral police. In religion, if it's a private matter, then it should be a private thing. There must be a rethinking of the way they act."

The crackdown has fuelled debate over rising "Islamisation" of the multi-ethnic nation, and rights groups have urged religious authorities to stop acting as morality police.

"We don't agree with the way they go on, Islam is not about snooping around catching people committing sin," says Ratna Osman, legal manager from leading civil society group Sisters In Islam (SIS).

Ratna blasted the raids as a form of rights violation and an intrusion into people's privacy.

"Unless that person is a drunkard and started going around committing crime or causing accidents, then yes, you can punish them because they endanger people and their own life," she says.

"But if the person commits a sin in a private domain, then it is between him and God. If as a Muslim, you feel compelled to tell him, it should be done in a compassionate way or to educate them."

'Drinking is a big sin'

Religious authorities defend their actions, saying they are merely carrying out their duty to ensure fellow Muslims stay away from sin.

"We don't accept any behaviour that is not condoned by Islam," Che Mat Che Ali, the head of the Islamic affairs department in Kuala Lumpur, said.

"Drinking is a big sin. If you are drunk, you are not in the right state of mind, you yourself will suffer and others may suffer too."

"It's not just something between the person and God, we have a duty to advise them."

The department has rounded up nearly 500 individuals in Kuala Lumpur so far this year for offences including drinking and "khalwat", or "close proximity" which bars Muslims from being alone with a member of the opposite sex.

Ratna warns that if the crackdown continues it will hurt Malaysia's image as a moderate and progressive Muslim nation.

"The outside world looks at us as a country which is leaning towards the Talibanisation of the Muslim community in Malaysia," she says.

But many Malays are unmoved by the ideological debate.

"If you ask me whether I am afraid to hang out with my friends like this after all these cases, the answer is no," says Asyikin, who like many of Malaysia's most privileged youngsters went to university abroad -- in Britain.

"It's a choice of lifestyle. Some people, they really follow the book (religious teachings) and for some, you are born a Muslim, you can't get out of it," she says as she clinks glasses with a friend.

- AFP

That forbidden fruit called Ibrahim Ali

By Stephanie Sta Maria - Free Malaysia Today

FMT EXCLUSIVE KUALA LUMPUR: Biblically, the term "Adam's Apple" is derived from Adam having eaten the forbidden fruit. But now Ibrahim Ali has given this a political twist.

The Perkasa boss has likened himself to the protusion in the throat, but that of politicians. He is something which they cannot swallow or spit out.

In an exclusive interview with FMT, the vocal politician denies dancing to Umno's tune and talks about his love-hate relationship with former premier Dr Mahathir Mohamad.

He also touches on how Opposition Leader Anwar Ibrahim's ears turn red hot when given a Perkasa lashing.

The right-wing Malay movement has become a household name within a short span of time after courting a string of controversies.

Some have described it as an Umno tool while there are those who claim that the movement serves as a mouthpiece for Mahathir.

But Ibrahim finds such tags purely offensive.

He insists that Perkasa is a non-partisan organisation, dedicated to protecting the Federal Constitution and the special privileges accorded to the Bumiputera.

The independent Pasir Mas MP also pointed out that Perkasa has criticised the government and its policies, incurring the wrath of Umno leaders.

At one point, he said, Perkasa was even considered “unfriendly” by those in Umno.

“When we criticise the opposition or other NGOs, we are branded as an Umno tool. But when we criticise the government, no one recognises us as being independent,” he lamented.

Ibrahim also scoffed at the perception by certain quarters that a good and independent NGO is one that acts as a permanent thorn in the government's side.

“That is a wrong perception. An independent NGO is one that is friendly to all parties, critical of policies and outspoken on issues with which it disagrees.

“But as far as the government is concerned, we still need to engage it so that we can put across our demands and opinions,” he said.

However, he reiterated that such a stand does not make Perkasa beholden to Umno.

“Look, even (Minister in the Prime Minister's Department) Nazri Abdul Aziz and (Umno Youth chief) Khairy Jamaluddin have openly said that Umno doesn't support Perkasa.

“We take these statements positively because it underscores the fact that we are not being used by anyone,” he said.

'I am not Dr M's mouthpiece'

While Umno constantly attempts to steer clear of Perkasa, Mahathir, however, has not done the same.

Apart from officiating at Perkasa's inaugural general assembly, the octogenarian also credited the movement for roping in Malay votes for Barisan Nasional during the recent Hulu Selangor by-election.

This has fuelled suspicion that there is more than what meets the eye in terms of the ties between Mahathir and Perkasa.

However, Ibrahim stressed that the buck stops at having respect for Mahathir.

“I am not his mouthpice. I have never practised patronage. He (Mahathir) is a great man and I respect him but I have also criticised him. Our relationship is a love-hate one.

“The difference between Mahathir and the others is that he accepts criticism gracefully. There is no element of revenge. This is what sets him apart from others,” he said.

Ibrahim also recounted his relationship with Anwar, when he was deputy premier, Umno veteran Tengku Razaleigh Hamzah and the late former deputy premier Ghafar Baba.

He explained that he was favoured by all those leaders until he started speaking his mind, which at times entailed criticising them.

“These are the people who trained us before. They kept saying 'we are a democractic party', 'we want the youth to be more open-minded' and 'we're prepared to be criticised'. But when we criticise, they balk and label us as 'troublemakers'.

“Take, Anwar. I was close to him for many years and he would talk about being open to criticism. But when he was on the receiving end of mine, his ears would burn!” he said.

“Respecting and accepting leaders is one thing but if criticism is due then it has to be dealt. I don't believe that your friendship with a leader requires you to support him through right and wrong. And this belief is the stumbling block to my political career,” he added.

Tomorrow: Ibrahim on Perkasa' future plans and on the role of the new media

For Chua, work comes first

By Teoh El Sen - Free Malaysia Today

FMT EXCLUSIVE KUALA LUMPUR: While still haunted by allegations of nepotism, new kid on the block Chua Tee Yong -- son of MCA president Dr Chua Soi Lek -- has decided to follow in his father's footsteps and ignore his critics.

The 33-year-old Deputy Minister of Agriculture and Agro-Based Industry, the youngest deputy minister in the current line-up, told FMT that he was "not too bothered" by all the talk.

Chua's current priority is work, he said, which he described as "hectic" so far.

In the second and last of FMT's two-part interview with Chua, the first-term Labis MP tells us more about his recent appointment and what he thought about MCA's chances in the next general election.

Noticeably reluctant to talk about speculations on his appointment and also on second-term Gelang Patah MP Tan Ah Eng's anger at being allegedly sidelined for his post, Chua instead chose to dwell on his ministry's problems and successes.

Tan was the other name submitted by Dr Chua to the Prime Minister Najib Tun Razak for the Cabinet post. She was, understandably, upset as she is currently the only one among all the 15 MCA MPs who has never held a government post.

Speaking on MCA and the next general election, Chua said in the current political scenario there was no such thing as a safe seat anymore and admitted that similar to the Pakatan Rakyat, MCA had done its fair share of good, as well as bad.

Chua, who was appointed to the MCA central committee in November last year and presidential council in April, said with his Cabinet appointment, he was still "managing by" and indicated that he had no immediate ambitions for a higher MCA post.

Although he never directly mentioned his father in the interview, Chua did show support for the new leadership, which he said was trying its best to reunite party members and, more importantly, gaining back the support of the rakyat.

Here are excepts of the interview:

FMT: On to politics and MCA, people say that you are not qualified enough or too young for the deputy minister's job. What do you think about such perception and does that affect your performance?

Chua Tee Yong: I think there is no need to reply to that; I think in life you don't have to reply to every accusation that is hurled at you. Because then you would be wasting or investing your time in just answering them.

And some people say your father's position helped you get here. And your appointment was based on "nepotism" or "cronyism" rather than merit. How do you respond?

Some believe in my ability and some are congratulating me. I believe there would be a range of responses. I must thank the prime minister for trusting my ability and giving me confidence. I think I will just concentrate on doing my work and not be worried about what people say, because in politics there are always varied opinions of any decisions that we make anyway. So I am not too bothered.

How about (Gelang Patah MP) Tan Ah Eng; people say she was more senior and deserved the post more than you?

I think I do not need to go into her case as she has already said what she has to say. That's it. I don't have to say anything on that.

So far, how has your appointment been?

With my appointment as deputy minister, I would like to thank my constituents. Without their support the past two years, (things) would not have been easy.

In any constituency, the local people play a role to help you to reach out to a wider group of people. I would also thank the MCA and the prime minister for their support. Since I've been appointed, it has been hectic.

In layman's language, can you tell us about what your ministry does?

The Ministry of Agriculture is supposed to provide the services and funds necessary to ensure that we have a certain level of production of food, livestock, and fisheries to sustain the demand and consumption of our country. But, of course, this is ultimately what we hope for, but to attain self-sufficiency is not as easy as it is hoped.

What is your scope of duty in your capacity as deputy minister?

I'm not given a specific task. But the most important thing is to look at where the issues are to help out the rakyat.

How do you feel about your current post in agriculture, do you like the ministry you are in? Do you think you were made for this or do you aspire or think you would be better utilised elsewhere?

I think it's okay... the post I'm having. The most important thing in any post is we need to take the trouble to know it -- to have briefings and dialogues and to go to the ground to understand the issues and try to resolve them.

In any ministry, at the end of the day we are trying to help the rakyat.

You cannot say that if you are trained as an accountant, you have to be in the finance ministry. Likewise, I don't think anyone who study a certain profession must work in the profession they are supposed to be in. I know of farmers who are doctors, engineers and accountants. I believe my experience as an internal and external auditor does help, because with that (background), I would be able to understand issues and deal with management.

Does your duties overlap with the minister's?

We have to maintain contact at all times. We also have our weekly post-Cabinet meetings which is also a good venue for us to see what are the issues being looked at by himself and me. The ministry is big enough to avoid overlapping (laugh). There is certainly a lot of things we need to look at. Certainly there are things we need to improve, things we need to put more effort into to ensure the industry grows -- especially industries we are promoting such as ornamental fish, birds' nest and certain fruits we are looking at.

What are the main challenges of handling this ministry?

Obviously there would be challenges, as we all know. One problem we always have is that we don't own most of the land as it is confined to the state. Every state regardless of whether it is under Barisan Nasional or Pakatan Rakyat, has its own priorities. And usually, development is the key as revenue is gauged by how much they (the state) can get by in terms of land tax, assessment and things like that.

In that sense, can we say that agriculture is slowly being pushed aside here?

I think this is happening in every country, not only in Malaysia. Even in China. In Singapore, there is virtually no agriculture. And in Japan and Taiwan, you have to specifially allocate places for planting.

You mentioned that there are some things you are proud of?

The things the ministry would be proud is the fact that despite whatever inefficiency, we have tried to and have actually successfully maintained a 70% self-sufficiency.

Let's take ornamental fish: the value of our exports here has risen from RM106 million in 2004 to more than RM748 million in 2008. We are trying to increase it even higher. We mainly export Arowana, gold fish, and so on to Europe and the US. But we are not a big player, as the whole industry is worth RM27 billion.

Moving back to MCA, how well do you think the party will do in next general election? What is its position now?

Everyone hopes for a good win in any general election; we don't go in hoping to lose big. We can't tell at this moment whether the next general election will be positive or otherwise. But we are trying our best to reach out to the people and voters. Of course, there will always be issues; likewise, if you look at Selangor, in the two years (Pakatan Rakyat has been governing it), it is already handling some "time bombs". But I do admit that the BN, throughout its 50 years (in power), had had its fair share of good things and also weaknesses.

And how do you see MCA in Johor: is it losing its base?

I think in the current political scenario, there's no such thing as a safe seat. Every election or by-election would require the efforts of the candidate and the machinery to run it smoothly. It is no longer the scenario where you put a 'stone' there and it would definitely win.

How do you see MCA in the future with DAP now in the lead getting in new voters?

To be fair, it's not just DAP but PKR and PAS are also doing this (getting new voters). At the division level, we are already recruiting new voters and members are also starting to work. MCA was in an internal turmoil for awhile, and with the new leadership, more emphasis is being placed to reunite members and do the necessary.

There are now more presidential council meetings to discuss more issues, and we do make a stand on certain topics regardless of whether people agree or disagree. There is also the effort to look at the 10th Malaysia Plan to structure it to what the Chinese community hopes for. We are also having more dialogues with NGOs, associations and residents to get a better feel and reach out to the voters.

How about yourself? In your position, would you contest any posts in the next party election?

Ever since I became an MP, my focus was to acclimatise and get to know my job well and get to know my constituency and touch base with the people in my constituency. But after I was appointed (as deputy minister), I had a whole new ball game to look at in terms of the ministry and its functions and the problems faced.

So I don't really think about that (contesting for party posts) at this moment. But obviously, politicians harbour ambitions, hopes and aspirations, but I'm currently just concentrating (on my current job) and managing it by.

There are so many associations wanting to have dialogue with us. But so far it is still manageable and this is also due to the support of my family.

I would also like to thank my wife for this. Because it's not beeen easy in the sense that there won't be much time for them.

Ravenous Umno is Borneo's bane

By FMT Staff

KUALA LUMPUR: An Umno on the 'death-bed' as described by PAS is asserting itself in Sabah and muscling its way into Sarawak.

Bellowing in the land below the wind is a rising rebellion that Umno president and Prime Minister Najib Tun Razak is having trouble quelling. The reason according to a source, is partition politics and money.

Within the Umno fraternity in Sabah, alignments are consolidating itself and loyalties are being negotiated, as Umno-BN looks to the Borneo states as its saviour, post the 13th general election.

Despite Najib’s recent order to grassroots leaders in Sabah to focus on the needs of the people, the taunts and behind the scenes political scheming continues.

What is now public knowledge is that at least two divisions in Sabah Umno have abandoned 'old values' and decorum.

They have demanded that long-standing BN component member Liberal Democratic Party (LDP) return its seats in Merotai, Tawau and Tanjung Kapor in Kudat to Umno.

What is simmering and likely to erupt soon are similar calls from other divisions aligned to Chief Minister Musa Aman, Deputy Prime Minister Muhyiddin Yassin, Defence Minister Ahmad Zahid Hamidi and Higher Education Minister Khaled Nordin.

Will Najib be able to contain billionaire Musa and his powerful Kuala Lumpur connections?

Can Musa’s billions fuel a landslide victory for Umno in Sabah in the 13th general election or will the burgeoning opposition which is hammering away at the state government for squandering the state’s wealth and sovereignty, and plunging its citizens into the abyss of poverty, succeed in denying them a majority?

So many questions and so little time, if rumours are anything to go by.

Pundits are betting that Najib will call for polls as early as October or November which would apparently work well for Sarawak, where Chief Minister Taib Mahmood is battling his own set of ghosts.

Apart from the fact that ‘everyone in and outside of BN’ wants him out, his latest headache is stemming from recent disclosures on the blogsphere of his immense wealth abroad.

This coupled with his commonly known disdain for natives, the rampant rape of Sarawak’s rainforest by government sanctioned logging concessionaires and the state’s disregard for native customary rights land could dent his support.

BN’s popularity at 64 percent

Unlike Sabah where Muslims are now majority, allegedly as a result of legalising illegals under Project IC aka Project Dr M, Sarawak’s demographics are a little more challenging for BN.

Just under 50 percent of Sarawak’s population are native Dayaks, with some 26 percent Chinese and the balance Malay Melanaus.

A recent Merdeka Centre survey put BN’s popularity at 64 percent but whether this will translate on the ground is something else.

Since its loss to DAP in the Sibu by-election in May 2010, Sarawak BN’s oldest partner Sarawak United People’s Party (SUPP) had openly declared that the next state election would be a great challenge and expects to see some seats fall.

In the 2006 state polls, 71 seats were up for grabs. The opposition won seven state seats and one parliamentary seat (excluding Sibu).

This time round it is aiming to, at the least, deny BN its two-thirds majority. But they may be hard-pressed to achieve this given Sarawak’s vast terrain.

Confident state ministers declared that the opposition cannot touch their rural vote bank and have rubbished warnings by mushrooming agrarian political parties with “they are no threats.”

But wise man Taib is not taking any chances this time, not with an empowered opposition taking pains to detail his impriopriety.

For the first time Taib was lukewarm at a recent suggestion by Pasir Gudang Umno division to set up a Sarawak Umno branch for the 40,000-odd Sarawakians living and working in Johor.

In an unprecedented move Taib, whose Parti Pesaka Bumiputera Bersatu (PBB) is the backbone of Sarawak BN, said Umno and PBB shared the same policy under the BN banner.

Strangely enough Taib, who had until now fobbed off Umno’s persistent attempts at moving into Sarawak said: “Why not, if it is for better management.

“After all, PBB is a member of BN and quite close to Umno in most of its activities because we happen to fight for the same group of people.”

For the record Najib had, during PBB's March convention, openly said that Umno will not move into Sarawak so long as PBB is relevant, but then again he was referring to Umno walking into Sarawak through the front door.

“But we all know Umno’s speciality, its reverse takeovers…like in Perak. There is also the issue of who is doing the muscling, it's not Najib's man!” said the source.

Protest against one of Asia's greatest kleptocrats

By Hilary Chiew

COMMENT One of Asia’s greatest kleptocrats and single-handedly one of the most destructive forces against the environment, the Chief Minister of Sarawak, East Malaysia, Abdul Taib Mahmud, has been invited to present the opening address at the Said Business School’s inaugural Islamic Branding and Marketing Forum, July 26 (Monday).


During his 30 years of iron grip over Sarawak, Taib Mahmud has systematically plundered a country once rich in natural resources, oil and timber. He and his family are now multi-billionaires, while indigenous tribes resort to the law courts to reclaim their ancestral lands.

The Penan are struggling to keep his loggers out of the last corners of their jungle, one of the most precious remaining areas of biodiversity left on earth. A recent report has revealed shocking evidence of their treatment, including the systematic rape and abuse of their women by logging workers, an outrage that Taib has refused to acknowledge or investigate.

Taib has destroyed all but 3% of the Borneo jungle in the state, which had been handed all but intact into the care of his uncle, his predecessor. Habitats which are home to the Orang Utan, proboscis monkey, a plethora of unique plant and animal life have been destroyed due to his rapacious and unsustainable plunder of the jungle. Oil palm plantations span for miles and miles where ancient trees once stood before they were cut down. One would think that proceeds from exports would have been ploughed back into the state but the people of Sarawak remain some of the poorest in Malaysia.

Taib’s “business interests” are notorious. The whole state of Sarawak has been illegally absorbed into the possession of his cronies and family members through “privatisation” and the handing out of palm oil and timber concessions, via arbitrary state acquisitions of native lands. He now runs the state as a family business, maintained through systematic electoral intimidation and fraud.

Taib has laughably advertised his UK visit as a promotion of “green development” in Sarawak and will be focusing on the promotion of Islamic and halal products, his latest venture, during his visit to Oxford. But, we ask – just how “halal” are products produced under the auspices of this man ?

It is a standing disgrace that Oxford University should be extending a hand of welcome and supporting the status of such a man. His wealth and ability to endow is not in doubt; however, there is no possible basis of legitimacy for such wealth, as can only be plainly apparent to all his hosts.

The people of Sarawak are struggling to rid themselves of this man and his parasitical family and to preserve their unique environmental heritage from his further “business ventures”.

Please lend your support to their struggle and to the campaign to preserve what is left of the Book of Life and the Borneo Jungle’s natural wealth. Defend the rights of the indigenous tribes that rely on the rainforest for their livelihoods. Demand that Taib explain the source of money that has enabled him to purchase multi-million pound properties in Canada, US and the UK.

Be there to receive him and protest at the disgraceful invitation that has been extended to him by Oxford University and the Said Business School.