Menteri Angkuh, Ketepikan Keluhan Peneroka

Dari TV Selangor

Ketua Pembangkang, Datuk Seri Anwar Ibrahim mendakwa Menteri dan Timbalan Menteri yang bertanggungjawab terhadap Lembaga Kemajuan Tanah Persekutuan (Felda) bersikap angkuh dan semborono dengan mengetepikan sahaja keluhan peneroka yang mengadu berkenaan lembaga berkenaan.

Sebelum ini, pada 7 Oktober lalu, Timbalan Menteri di Jabatan Perdana Menteri, Datuk Ahmad Maslan menyatakan Felda bersedia memberikan wang tanam semula sebanyak RM17,000 kepada peneroka tetapi dengan syarat peneroka perlu membuat tanaman semula mengikut panduan yang ditetapkan.

Dalam hujah beliau di Dewan Rakyat pagi tadi, Anwar menjelaskan tindakan ini bermaksud bantahan dan isu yang diketengahkan oleh para Ahli Parlimen Pakatan Rakyat berkenaan Felda selama ini berjaya menarik perhatian pihak yang bertanggungjawab terhadap organisasi berkenaan.

“Saya tidak pertikai maksud baik awal Rancangan Felda dan beberapa faedah serta nikmat yang diperolehi, tetapi seperti mana yang kita tekankan, wajar diberikan penilaian dan pertimbangan semula kerana lebih ramai masyarakat Felda merasakan ada bentuk ketidakadilan berlaku,” tegas beliau yang juga Ahli Parlimen Permatang Pauh.

Katanya lagi, wang tanam semula tidak diberikan sebelum ini bagi mengelakkan wang tersebut disalah gunakan oleh para peneroka.

“Persoalannya sekarang, adakah benar ini akan dilaksanakan? Kita menuntut, rakan-rakan kita nak tanya, bila nak laksanakan?

“Kenapa ada peneroka yang telah menanam sendiri lima, malah sepuluh tahun, wang tanam semula tidak diperolehi?” kata beliau.

Anwar seterusnya menyatakan jika isu ini berkenaan membantu keluarga dan rakan Umno-Barisan Nasional(BN), segera dilakukan tetapi perihal membantu masyarakat kampung termasuk kaum Melayu sendiri tidak kesampaian walaupun menunggu sepuluh tahun.

Katanya lagi, para peneroka terpaksa menyaman Felda kerana kegagalan Felda membayar wang penanaman semula walaupun rundingan dibuat begitu lama.

“Ini keluhan yang mereka (peneroka Felda) keluarkan. Mengapa para peneroka Felda berani bawa kes ini ke makhamah?” tegasnya.

Sebabnya mudah dakwa Anwar, kerana mereka terdesak, bawa ke Felda tiada harapan.

Singapore Justice in the Dock Indeed

(Asia Sentinel)The government goes after the author of a book questioning the fairness of the courts

This week the Singapore government is taking on a 75-year-old British author for publishing a book arguing that the country's secretive but mandatory death penalty for drug trafficking is unevenly applied against poor and marginalized defendants while the wealthy or well-connected are spared.

If the past is any precedent, Alan Shadrake, who wrote Once a Jolly Hangman: Singapore Justice in the Dock (reviewed here in Asia Sentinel) and had the bad judgment to go to Singapore to publicize the book, can expect to be jailed for "scandalizing the judiciary."

The opening argument was made by a deputy attorney general, Hema Subramaniam. The Civil
Division lawyer focused on 14 passages from Shadrake's book, arguing that "the insinuations and imputations contained in these 14 statements constitute an attack to the entire judicial system in Singapore." She argued that the very title of the book contained an "underlying insinuation" that "Singapore judges have been guilty of misconduct and deserve to be judged."

In response, Ravi argued that the "serious-minded and compassionate" book had to be considered as a whole.

"Only by reading the book by its entirety can one properly determine how a reader would understand and interpret the selected quotations," he said, adding that analysis of the judiciary was "a public duty to civil society."

The prosecution raised the issue of whether the content of Shadrake's book was true, an intriguing tactic since truth is not a defense to a contempt charge, but a judge can allow a defendant to argue issues voluntarily injected by the prosecution.

In discussing whether Shadrake had engaged in fair criticism, Subramaniam alleged that there was not "an iota of truth in any of the statements or allegation’s in the respondent’s book." Ravi characterized the Singaporean government's response to his client's book as "somewhat hypersensitive."

Singapore, whose justice system has been heavily criticized for its political bias, has never lost a case like this, and unless something totally unexpected happens, it won't lose this one. In that regard, Shadrake's trial highlights not just the controversy over Singapore's use of the death penalty against traffickers in minute amounts of drugs, but the broader issue of freedom of speech in a city-state where sticking your head up is an invitation to get it shot off.

A wide range of human rights groups say the Singapore courts are used as a tool to silence critics. Any political or press criticism of the government results automatically in defamation suits that have been unanimously won by the prosecution and fines and charges that have bankrupted the opposition and sent major news organizations scrambling for cover.

In July 2008, the International Bar Association issued a 72-page report concluding that "Singapore cannot continue to claim that civil and political rights must take a back seat to economic rights, as its economic development is now of the highest order. In the modern era of globalization, isolationist policies and attitudes are no longer tenable."

For his part, Shadrake remains defiant. For his first hearing in the High Court, he entered the building holding up his fingers in a V for Victory salute and shouting "Freedom and Democracy for Singapore." The government has since backed away from the criminal defamation charge, although it hangs in the air as a threat, and Shadrake was charged with a species of contempt of court called "scandalizing the judiciary," in other words, writing something that could make the court system look bad.

In the months since his arrest – his passport was confiscated, marooning him on the island – he has been granting interviews, basking in his demi-celebrity, repeatedly reiterating his intent to fight the charge and undergoing an angioplasty for a blocked aorta. While the Singaporean government has offered Shadrake leniency if he would purge himself of the alleged contempt by apologizing, he has so far refused to do so.

He is being defended by perhaps Singapore's most prominent defense lawyer, M Ravi. Sometimes, it seems that the defendant in every high-profile death penalty or free expression case in the city-state is represented by M Ravi. That is close to the truth. For a nation with a population of more than five million, Singapore has a tiny number of lawyers, about 3,500. Critics argue that young Singaporeans don't enter the law because they see the profession as a closed shop in which a handful of loyalist firms land the lucrative government contracts and litigation work; others, including Singaporean leader Lee Kuan Yew, bemoan a general lack of local legal talent. And many Singaporean lawyers seem reluctant to represent clients in politically sensitive cases. It is not advisable, lawyers say, to practice any kind of law that brings lawyers into conflict with the government.

That can't be said about Ravi. In the last decade, he has represented death row inmates Vignes Mourthi and Shanmugam Murugesu, whose appeals were unsuccessful, and Yong Vui Kong, whose appeal is pending. It was Mourthi's case that formed a major part of Shadrake's book. Shadrake charged that Mourthi, a 23-year-old Malaysian, was convicted on the basis of a handwritten transcript of a conversation with an undercover officer. However, the officer faced allegations of rape, sodomy and bribery at the time he testified against Mourthi, and subsequently was jailed for 15 months on bribery charges. Those charges were kept from the court.

Ravi has an aggressive and somewhat discursive courtroom style that can yield dividends. In the Yong case, Ravi backed the government into a corner, forcing it to admit that the President of Singapore does not make an independent judgment on clemency petitions but merely executes the will of the Cabinet.

David Chong Gek Sian, the prosecutor, is not the usual hard-bitten career prosecutor from Central Casting. Rather, he looks and acts like the mild-mannered law professor he was. The man who will be leading the charge to imprison and fine Shadrake is not a criminal law lifer. After obtaining his law degree from the National University of Singapore and a master's from University College London, Chong worked in a private civil practice for about five years before accepting a post at NUS. His academic publications focus on maritime and arbitration law. During his years in the Attorney-General's Chambers, he has worked in various policy positions as well as the Internal Affairs Division.

Chong is currently posted to the Civil Division, and contempt cases are, technically, civil rather than criminal actions. He has won before, in recent years successfully pursuing the Wall Street Journal Asia on a similar charge, resulting in yet another judgment against the paper and its editors as usual.

Justice Quentin Loh Sze On is hearing the case. Alan Dershowitz, the outspoken criminal defense attorney and Harvard Law School professor, has stated that he would rather defend a client before an old judge than before a new judge. In Dershowitz's opinion, an old judge is more likely to rule fairly while a new judge is too concerned with promotion and the potentially career-debilitating impact of freeing an unpopular defendant.

Quentin Loh is a very new judge. He was appointed a judicial commissioner in September 2009, and was promoted to Judge of the High Court less than six months ago. The Shadrake trial is his first high-profile case with political implications, and it will be absorbing to see how Justice Loh handles the myriad evidentiary and procedural issues which Ravi will raise.

Justice Loh's background is similar to the prosecutor's. After obtaining a degree from NUS, Justice Loh spent much of his career in private practice specializing in construction, insurance and arbitration. Prior to his elevation to the bench, Loh was a managing partner of Rajah & Tann, the establishment law firm which has represented many of Singapore's most important government-linked corporations, including SingTel and the real estate unit of GIC, the sovereign wealth fund chaired by Minister Mentor Lee Kuan Yew and his son, Prime Minister Lee Hsien Loong.

Under Singaporean law, there is no right to a jury. Loh will make the ultimate decision of guilt or innocence and, if he finds Shadrake to be in contempt, will determine the sentence. Consequently, despite the fact that the courtroom this week will be packed with lawyers, clerks, security and reporters, it could be said that Shadrake and his defense team will be performing for an audience of one.

That is not quite true. Justice Loh will be performing for his own audience, headed by Lee Kuan Yew, Lee Hsien Loong, and a cast of cadres hanging about the Istana.

Neo-Maya, Neo-Malaya

By Azly Rahman

\Verily… the evolution of modern man can be characterized by his worship of the monolith and in building tall structures so that not only he may reach the heavens and touch the gods, but become avatars and demi-gods and enslave fellow men — as those who owns those towers of powers and monoliths of machiavellianism owns the means of writing the script for evolution — ar

And thus sprach Zarathustra,
prophet of long ago who spoke of good and evil
of this world as battleground
of the sacred and the profane
of the triumph of Man
of the triumph of Superman

Ahh, what worth is there
in believing in religion, in philosophy, in the arts
when these are silenced by the State
unto which the necessary evil reigns
when the mantra of civilization and progress hath made Man insane

Bring down the walls
tear down the bricks,
one by one, and all

Peace be unto the nation
that builds towers that touch the sky
Unto which Man shall return
as he hath plundered by the billions
Peace be to the new Temple of the Mayas
of this country now called neo-Malaya
of towers of power built upon the glory
of people’ blood, sweat, tears, and fear
Glory Glory Hallelujah …
Amin amin Ya Rabbil Alam ‘in
InsyaAllah things will be fine,
as they say
Many prayed while the tyrants wine and dine

Build towers as tall as power allows them to be
So that the leaders can spit on the rakyat
from up in heaven yonder
And the rakyat may happily see that as blessings
And ask for more — in a world wherein modernity means assisted dying

In politics and business lie the evidence
of the glorification of the beastiality of Man
couched in language of arrogant knowledge
that philosophy and poetics cannot triumph,
in a world of historical complexity
wherein beasts, plunderers, and hell-raisers triumph
over philosopher-rulers and prophets of hope and deliverance.

Towers of power Man so desires
To enlarge the Inner Rings of Fire
and burn the soul entire
Whilst this too shall pass
As fast as capitalism’s speed in forming caste and class
Whilst this too shall pass — hell-raisers and bloodsuckers
will feast in merriment –
till the state coffers run dry leaving the nation aghast

Ah… progress .. progress .. progress we must as our leaders say
Progress we say as we steal from the poor
and keep true patriots at bay
Let us tell the people we are one nation under god
One Malaysia indivisible and all
As we plunder — before the general election smash us
Crooks and cronies and all
worse than the broken pieces of Humpty Dumpty’s fall

O’ people down below
Excuse us while we kiss the clouds
and embrace the limitless sky in our three-piece suits
and our split-tongued sermons
Excuse me if I have to spit down below from the towers of power
and ignore your sorrows
for you are poor because you are lazy
we are wealthy because we are the chosen ones
our children born with silver spoons guaranteed

O’ chosen ones — manage this land of plenty
And in God we trust
For all is but a grand design foretold
In this land that grooms dynasties living in lust
graced with thrones of gold

Amen. Amen, May God save this nation.

Four Die, 17 Survive In Boat Collision In Anap Tatau River

KUCHING, Oct 18 (Bernama) -- Four people including a five-month-old baby girl were confirmed to have died when a passenger express boat collided with a barge in the upper reaches of Sungai Anap, Tatau in Bintulu, about 2.30pm Monday.

Bintulu Marine Operations Force commander ASP Iswandi Ken said besides the baby, the identities of the woman and two men who died in the incident had not been identified.

He said as at 11pm, 17 passengers including four children aged between one and four years were confirmed to have been saved in the incident.

"The search-and-rescue operation to look for passengers believed to be missing is still on after the capsized boat was brought to the surface using a crane. We are not sure how many passengers are missing," he said when contacted by Bernama here.

It is learnt that the boat was carrying about 30 passengers, mostly women and children, when the tragedy happened while they were on their way from Tatau town to Hulu Kakus.

Among the 11 survivors treated at the Bintulu General Hospital are Zamhari Azmi, 39, Chai Ngim Fat, 39, Mohamad Dol, 44, Elizabert Ang Dian, 28, Enes Oliver Suping, two, Hellena Mena, three, Jekson Ukit, 39, Silvia Jakson Kassim, one, Emilia Jekson, one, Lio Jok, 50, and Dayang Rezalina, 27. The other six have no injuries.

Jekson Uket said the incident happened so fast and he only managed to save his two-year-old child while this wife jumped into the river through a window before the boat overturned.

"I could not save the others," he regretted.

Another victim, Mohamad Dol, 46, an employee with the Land and Survey Department, said the incident happened at a sharp turn of the river near a logging camp.

"Our boat had hit the back of a barge and it overturned. Some of us were rescued by workers at the logging camp," he said.

Shahrizat: Better benefits will boost women’s roles

The Star

PETALING JAYA: The move to grant flexible maternity leave up to 90 days to women civil servants will motivate more of them to stay in the workforce, said Women, Family and Community Development Minister Datuk Seri Shahrizat Abdul Jalil.

She said the Government’s efforts to develop women’s roles and contribution to the economy had also been boosted with a RM30mil fund for various programmes such as the Single Mothers’ Skills Incubator.

“Such steps and others like the Small Office Home Office concept for disabled women will help the Government to achieve 55% in the participation of women in the labour force,” she said in a statement yesterday.

Sharizat said the RM1.2bil allocation in Budget 2011 for the ministry demonstrated the Government’s commitment to the people’s social welfare.

“It proves that the Government is putting more effort into improving the social welfare system in transforming the country into a high-income nation,” she said.

She said RM197mil had also been allocated under the National Key Result Areas to enable households with low earnings to live independently and seek their own income.

“This approach will definitely help more households to get out of poverty,” she added.

Shahrizat said a RM70mil allocation to help non-governmental organisations fight social illnesses was a good measure in taking a holistic approach to deal with problems at the grassroots level.

“This amount is a recognition of the NGO’s important role as a strategic partner with the Government in implementing community development programmes,” she said.

Shahrizat said the people also welcomed the waiving of excise duties for disabled people buying national cars.

“The move is in line with the ministry’s initiatives to give disabled people greater accessibility and mobility. Having a car will also improve their employability,” she said.

Penang to table FOI Bill next week

Penang is to follow Selangor and introduce a Freedom of Information Act.
The Bill will be tabled in the Penang State Assembly next week. This was announced by the Penang Chief Minister at a DAP fund-raising dinner tonight, according to a tweet by Lim Kit Siang.
Deputy CM Ramasamy headed the committee that drafted the Bill.
This move is to be welcomed, of course – but we should hold back on the standing ovation until we examine the contents of the Bill.
The announcement has caught civil society activists in Penang by surprise. A couple of years ago, a few activists were invited in a couple of discussions, in which State Exco member Abdul Malik was involved as well.
Let’s hope the FOI Bill will be made available to the public early for discussion and feedback prior to its tabling in the Penang State Assembly. (After all, it is a Freedom of Information Bill.) And in between readings of the Bill, the widest consultation with groups in Penang is necessary.
Early circulation of the Bill will enable the public to compare it with civil society’s proposed bill, which was drafted by a Freedom of Information Coalition.
It will also allow groups in Penang to find out whether the Penang state government has included in its version of the Bill the key ingredients that were disappointingly missing from the Selangor FOI Bill, namely:
(excerpt from a Nut Graph report, reproduced on the website of the Centre for Independent Journalism)

… too much is missing from the Selangor legislation, including six key points – based on international best practices – which the Malaysian civil society draft had, as follows:

1. Maximum disclosure
This is the key idea mentioned above. Everything the state knows, the people should know, unless there’s a really good reason against it. In contrast, the current draft from the Selangor government, published online, says that information officers “may” give out information. That’s a long way from their being obligated by law to release information. There is no right to know, just the chance that a citizen might be told what she or he wants to know. This leaves the field wide open to personal interpretation and hence, abuse.
2. Narrow exemptions
This is vital to reinforce point one. There is information that the state can’t release because it would endanger lives, for example. But these areas need to be clearly and narrowly defined. Unfortunately, in the Selangor enactment, instead of a clear section on “exemptions”, the enactment defines “information” that excludes certain types of information. Worse, it leaves it open for more information to be added to this exemption list without legislative change. What this means is that anything the state wants to hide can be added into the exemptions, with little transparency.
There should also be a public interest test for these exemptions. So even if information is protected, it can be released if there is overriding public interest. This element is missing in the Selangor enactment.
Whistle blower
3. Protect whistleblowers
It may be that this is difficult to do given the limitations of state powers, but there is no attempt in the Selangor law to provide whistleblowers with any protection.
4. Routine publication
Some information is predictable, largely boring and of interest only to those who list “trainspotting” as an occupation. It can cut down the government’s workload tremendously to publish such information online. The federal-level Statistics Department does a good job of this, as does the Department of Environment and the Communications and Multimedia Commission.
The Selangor law could have included an obligation on state departments to review its output and see what could be easily and cheaply published, for instance, online, on a routine basis. There’s no such obligation in the Selangor law.
5. Low costs, simple procedures
It says in the bill that there will be a fee. It doesn’t say how much. This is one of the easiest ways of keeping secrets from the general population: make sure they can’t afford to purchase information.
The other point is simple procedures. The main problem here is that the Selangor government wants people to give a reason for accessing information and threatens to fine them up to RM50,000 if they use it for anything else. Now, let’s say I want information on water contracts to help me sleep at night. And while reading them, I find something which indicates that there was a huge pay-off to a government officer by one of the contractors. Under the current enactment (with no protection for whistleblowers), I would be fined for revealing this information. More importantly, once again, this goes against the idea that the information belongs to the people and is held in trust by the government.
Forms to access information also need to be simple, and not require information that is irrelevant to processing information requests.
6. An independent administrative oversight body
This is the trickiest bit of all. It may be that the Board of Appeals that is set up under the enactment will be an independent body. But, the procedures for appointment are similar to Suhakam‘s. And we know how much criticism they get.
So, the body needs to be both independent and be seen to be independent, which is hard in a Malaysian context. What civil society proposed was an open appointments process based on published criteria. That way, if applicants, or the general public, were unhappy with the appointees, they would have to state why in reference to those criteria. They could make a case against the appointees based on more than hearsay or malice. And likewise, the selection board could justify their decision on more than just hearsay and goodwill. The current process falls far short of that.
The Pakatan Rakyat government in Selangor has been applauded for being the first government in Malaysia, albeit at the state level, to have introduced FOI laws. Indeed, Selangor’s initiative now puts the pressure on other states and the federal government to follow suit. However, unless Selangor demonstrates a real seriousness about having FOI laws that include best practices in FOI legislation to ensure maximum transparency and openness, Malaysians should hold back on the standing ovation.

Controversy surrounds Singapore’s World Savers Awards Congress

Visitors to the Wilderness Safaris Lodge bathe in this pool – while the Bushmen on whose land it sits have no water. © Survival

The 2010 World Savers Award Congress, due to be held in Singapore on October 20, has been met with criticism over its decision to award a prize to controversial tour operator, Wilderness Safaris.

The congress, to be attended by Academy Award Winners, Mira Sorvino and Louie Psihoyos, will present an award to Wilderness Safaris, despite the company having erected a luxury tourist lodge with bar and swimming pool on the land of the Kalahari Bushmen who are struggling for water.

Wilderness Safaris opened the Kalahari Plains Camp inside the Central Kalahari Game Reserve in 2009, having failed to consult the Bushmen on whose ancestral lands the lodge sits. The lodge sports a bar and swimming pool for tourists, while Bushmen in the reserve are banned from accessing a well which they rely on for water.

The CEO of Wilderness Safaris, Andy Payne, responded to criticism of the lodge by saying, ‘Any Bushman who wants a glass of water can have one’.

The Botswana government has banned the Bushmen from accessing a well, which it sealed and capped when it evicted them from the reserve in 2002. With Survival’s support, the Bushmen won a High Court ruling that said they have the right to live in the reserve. However, the government refuses to allow them to re-commission the well, forcing them to make arduous journeys to fetch water from outside the reserve.

Both the President of Botswana’s nephew, and his personal lawyer, sit on Wilderness Safaris’ board of directors.

Survival International’s director, Stephen Corry, said today, ‘Giving a World Savers award to a profit-making company working hand-in-hand with a government bent on destroying the Bushmen would be laughable if it wasn't so tragic. If this passes as 'ethical tourism', then the expression is just empty PR, devoid of any real meaning’. 

T (+44) (0)20 7687 8734 or (+44) (0)7504543367
E mr@survivalinternational.org
W http://www.survivalinternational.org/

Finsbury wins ‘PR Disaster of the Year’ award

Two Na'vi protested outside Vedanta's 2010 AGM. ©Survival

On the eve of the PR Week Awards, human rights organization Survival International has presented its 'PR Disaster of the Year’ Award to Finsbury PR and its founder Roland Rudd for their work with FTSE-100 mining company Vedanta Resources.

Finsbury is the retained PR agency for Vedanta Resources, which has been the target of a worldwide campaign to stop it building a bauxite mine in the hills of Niyamgiri, Orissa, India. The mine would have had a devastating effect on the Dongria Kondh tribal people who live there.

Survival International launched a worldwide campaign against Vedanta’s treatment of the Dongria Kondh. The ensuing PR battle in the world's press saw Vedanta’s reputation savaged: the company was described in print as ‘the most hated company in the world’, and the project became hugely controversial.

Survival collected evidence of Vedanta’s abuses in Orissa, including its failure to consult the Dongria Kondh. This evidence helped persuade investors, including the Church of England, to disinvest, and led the British government to issue a damning report.

As part of Survival’s campaign:
-    over 10,000 Survival supporters wrote letters to the Indian government
-    650,000 people saw Survival’s film ‘Mine, story of a sacred mountain’, which went viral online
-    Celebrities including Joanna Lumley and Michael Palin spoke out against Vedanta
-    Blue Na’vi from James Cameron’s blockbuster ‘Avatar’ protested against Vedanta, inspiring massive international interest as the pictures spread around the world.

On 24th August the Indian Environment Minister Jairam Ramesh blocked the mine, declaring that the company had shown ‘blatant disregard’ for the rights of the Dongria Kondh. The day of the victory reportedly saw £300 million wiped off Vedanta's share price.

Dr Jo Woodman, India campaigner for Survival International, said today, ‘Finsbury said they were convinced Vedanta’s behaviour was ‘best practice’, but in the end they were the only ones saying so – everyone else, from expert committees to the government itself, was slamming the company’s ‘total contempt for the law’.

Stephen Corry, Director of Survival International, said, ‘Governments and companies abusing human rights often hide behind PR companies and spin doctors. It's a waste of public or shareholders' money: where human rights activists are uncovering the truth, it is inevitably exposed.’ 

Typhoon Megi hits Philippines

Super Typhoon Megi has claimed its first victim in the northern Philippines, with authorities reporting that a fisherman has drowned as the storm brings heavy rain and strong rains.

The man drowned in a river in the city of Tuguegarao on Monday morning as Megi approached the area, Benito Ramos, the nation's civil-defence chief, said.

The northeastern provinces of Cagayan, in which Tuguegarao is situated, and Isabela were the first to feel the impact of the typhoon.

Megi, dubbed a "super-typhoon" by government relief agencies, has brought winds with speeds of up to 260kph, the government weather station said.

The storm was not expected to hit Manila, the capital, directly but authorities have warned the city's 12 million residents to remain on alert.

Schools were closed and thousands of people were evacuated across the north of the Philippines' main island of Luzon in advance of the storm, rescue and relief officials said.

Megi is expected to exit out to the South China Sea on Tuesday.

Complacency warning

Benigno Aquino, the Philippines' president, has ordered all government agencies to be on high alert to prevent casualties, while the coast guard was instructed to ban all fishing vessels from setting off to sea in the north.

"The president is reiterating that all agencies concerned should be ready for the approaching super typhoon Juan [Megi]," Abigail Valte, a deputy spokeswoman for Aquino, said.

She cautioned the public against complacency, amid reports that the weather in some northern provinces remained clear as of early Sunday.

Norma Talosig, the regional chief of the civil defence office, said the government was not ruling out forced evacuation for those who refused to leave their homes despite being told to do so.

"If we have to conduct forced evacuations, we'll do it for their safety," Talosig said on national radio.

"Our main objective is the safety of the community, the safety of the responders."

In Manila, disaster officials said food packs, medicine and rescue equipment, including rubber boats, were ready in areas expected to be lashed by the typhoon.

The Philippines is battered by an average of 20 typhoons a year, some of them deadly.

Tropical Storm Ketsana and Typhoon Parma struck the northern Philippine island of Luzon within a week of each other in September and October last year, triggering the worst flooding in recent history.

The twin storms killed more than 1,000 people, affected nearly 10 million and caused damage to $4.3bn of infrastructure and property, according to the World Bank and international humanitarian agencies.

The US navy's Joint Typhoon Warning Centre in its latest advisory on Sunday said Megi had undergone "rapid intensification", but could weaken as it moves across mountainous terrain after hitting Luzon.

Megi would then begin to steadily reintensify as it leaves the country heading for the South China Sea, it said.

China has urged its vessels to take shelter in ports and urged local authorities to prepare for emergencies caused by wind and rain, Xinhua said.

Islamic conversion law reforms hit 'dead end'

The road to reforming the laws on conversion to Islam appear to hit a snag. Minister in the Prime Minister's Department Mohamed Nazri Abdul Aziz revealed that the Malay rulers are yet to consent to the changes proposed.

"There is a difficulty here, because as you know, Islam is under the purview of the sultans of the states. And in the states where there are no sultans, the Yang di-Pertuan Agong is responsible for Islamic laws.

"So, we cannot do anything at all without the consent of the Rulers' Council. On the conversion issue, the sultans still feel that they need to protect Islam and the Muslim subjects because that is their duty. That is under their purview," said Nazri.

The rulers, he said, were not convinced that amendments to certain Islamic laws would not overlap with their duties as guardians of the Islamic faith in their states.

"They are not convinced that the laws, the amendments proposed by the government, do not touch on their rights as the penghulu (elders) of Islam in the states. So this is something that we have to resolve first.

"But for now, they have not given their consent," Nazri added in a recent interview with Malaysiakini.

Nazri (left) also revealed that he has attempted to explain the matter to the rulers, but to no avail.

"Even though I tried to explain, that we are talking about the rights of a person, the scenario before that person became a Muslim, like his marriage and all that; the rulers still feel that these touch on the rights of a Muslim.

"Even though an individual converts recently, he or she is still a Muslim, and (the rulers) have to be consulted and they have to approve (the amendments). So there is nothing we can do about it," he said.

The government had last year attempted to table amendments to the Law Reform (Marriage and Divorce) Act 1976, Administration of Islamic Law (Federal Territories) Act 1993 and Islamic Family Law (Federal Territories) Act 1984.

The move came after several domestic disputes following secret conversions to Islam, which quickly escalated into a nationwide religious furore.

The last straw for the government came in the case of M Indira Gandhi, a 35-year-old Hindu who nearly lost the custody of her three children after her estranged husband converted to Islam, together with the children, without her knowledge.

A few weeks after the incident, the cabinet issued a ban on parents secretly converting children to Islam, in a move to calm strained race relations in the country.
www.malaysiakini.com/news/102982

In the meantime, the proposed amendments are yet to make it to the first reading in Parliament.


'Why don't state governments speak to the sultans?'

Nazri, who is the de facto Law Minister, then challenged the state governments, particularly the Pakatan Rakyat ones, to take responsibility, considering that Islam was a state matter.

"It is not about BN. It's about any government. And more so when religion is a matter of the state. Then it also becomes a concern for the PAS governments in Kelantan and Kedah, the DAP government in Penang and PKR government in Selangor.

"Because (Islam) is a state issue, so you cannot say that this is a BN problem. It is not. This is the wrong perception," he said.

He also threw the gauntlet at the Pakatan state governments, telling them to reason with the rulers instead of blaming the federal government all the time.

"Why are they not talking to the sultans? Why must it be us all the time? Islam is a state matter and they have direct access to their sultans. So, why aren't they talking?

"I want (Penang chief minister Lim Guan Eng, left) to speak with the Yang diPertuan Agong about the rights of the non-Muslims in Penang, and (Selangor MB) Khalid (Ibrahim) should go and see the sultan about the conversion issue in Selangor.

"Convince the Sultans. If (Pakatan state governments) are fair to the non-Muslims, they should be working hard to convince the rulers about the importance of these law reforms," Nazri added.

Dr M promotes China model as alternative to democracy

Dr Mahathir: If you find good people to run a country, even dictators can make a country develop and develop very well.

KUALA LUMPUR, Oct 18 — Former prime minister Tun Dr Mahathir Mohamad today called democracy a “failed” ideology and held up China’s model of authoritarianism as an alternative “worth studying”.

He said China’s political model — which he termed the “Beijing Consensus” — showed that a nation could develop well even in the absence of freedom, liberty and equality — ideals fundamental to the rival “Washington Consensus”.

“The Beijing Consensus shows that having a non-democratic country can also give a good life for the people,” Dr Mahathir told delegates at the “Creation of the Global Citizen: Media Liberalisation and the New Political Realities” forum organised by Umno here.

“If you find good people to run a country, even dictators can make a country develop and develop very well.”

He pointed out that China’s “correct” application of the Beijing Consensus had allowed the nation of 1.3 billion “very poor” people to become the second richest country in the world.

The former premier also criticised the very premise of democracy, arguing that no issue could achieve total consensus, leading to an electoral split that will promote poor governance.

“Democracy... has failed in many countries,” he said.

“It is not the perfect thing it is touted to be. You find that some of these democracies really cannot work. People cannot make up their minds.

Dr Mahathir cited hung parliaments in Britain and Australia as proof that countries cannot progress when a majority of its voters cannot make up their minds, saying frequent changes in leadership were not good for a nation.

“We see a lot of democracies where leaders change every two years and the country cannot make any progress at all,” he said.

“Even the countries that have made progress find sometimes that democracies hinder the development of the country, make the country unstable and difficult to develop.”

He added that smaller parties roped into ad hoc coalitions to break hung parliaments in democracies will hold the majority hostage to minority demands that were not good for the country as a whole.

Dr M says big projects are way to go

Mahathir: When you spend money, then you create jobs, you create opportunities for doing business.

KUALA LUMPUR, Oct 18 — The Najib administration’s move to reach for Tun Dr Mahathir Mohamad’s playbook of using big projects to stimulate the economy was applauded by the ex-PM himself today.

Dr Mahathir, whose 22-year tenure was characterised by a proliferation of large scale projects and iconic buildings, cited the Warisan Merdeka tower announced in Najib’s Budget 2011 speech last Friday, will be good for the country as it would create economic opportunities.

The 100-storey “supertall” skyscraper, sited adjacent to Stadium Merdeka and Stadium Negara, is expected to cost RM5 billion over the next five years to build. When completed, it will be the tallest building in Malaysia, surpassing even the Petronas Towers.

“What is interesting for me is that money is being spent to build this tower. When you spend money, then you create jobs, you create opportunities for doing business,” he said today.

“I don’t know if it should be a 100-storey tower or not but spending money is good.”

Dr Mahathir was speaking to reporters after delivering the keynote speech at the “Creation of the Global Citizen: Media Liberalisation and the New Political Realities” forum organised by Umno at Putra World Trade Centre (PWTC) here.

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Racist principals: Nazri says better late than never

By Rahmah Ghazali

FULL REPORT KUALA LUMPUR: Minister in the Prime Minister's Department Mohd Nazri Abdul Aziz has defended the snail-paced action against two principals who uttered racists remarks against their students.

According to him, the authorities were in the proces of initiating action against the principals from Kedah and Johor respectively.

The delay, he explained, was a result of having to follow the due process.

“There is an English saying, better late than never,” he told the Dewan Rakyat in response to a question from Lim Guan Eng (DAP-Bagan). “But (in this case), I must stress that it is not too late.”

The minister said this was the first time in the history of the Malaysian civil service where government officials had been cited for racism.

He said the investigation into the Johor case was time-consuming as it involved many witnesses, who had different versions of the incident.

"So the investigating committee had to process every witness' statement to reveal the truth behind the accusation. But most importantly, the principal had been suspended immediately," he added.

Nazri stressed that the government did not want to make a hasty decision, and the principals also had the right to defend themselves.

"In this situation, we need to see the circumstances surrounding their statements, whether the statements were made intentionally or not. They could be angry about something when they uttered the remarks.

"We need to take everything into consideration, only then can we make a fair decision for," he said.

Two months ago, the principal of SMK Bukit Selambau in Kedah had told a group of Chinese students “to go back to China” when he spotted them having breakfast in the school canteen during the fasting period.

Prior to this, the principal of SMK Tengku Abdul Rahman Putra in Johor had ignited a firestorm of protests for making racial remarks when launching the school’s Merdeka celebrations.

The principal, identified as Siti Inshah Mansor, was alleged to have said that Chinese students were not needed here and should return to China while the prayer strings tied around the necks and wrists of Indian students made them look like dogs.

Following this, Deputy Prime Minister Muhyiddin Yassin, who is also education minister, came under fire when he distanced himself from the matter.

Muhyiddin said he could not act against the duo because their high pay-scale placed them beyond the jurisdiction of his ministry, and only the Public Service Department could act against them.

Kit Siang blames BTN, Nazri disagrees
Meanwhile, Nazri said the Johor principal was transferred to the state education department on Aug 23.

He said the government had issued a “notice of accusation” against her on Oct 8, and action would be taken after 21 days.

"We issued the letter after considering that the principal has appealed and retracted her statement during a meeting with non-Malay teachers, " he added.

As for the principal from Kedah, Nazri said the Education Ministry had issued a warning and the principal made a public apology.

"He was later suspended and reassigned to the Kuala Muda district office on Aug 23," he added.

The minister also denied the allegation by Lim Kit Siang (DAP-Ipoh Timur) that the incident was caused by the “indoctrination” of the National Civics Bureau (BTN).

"Isn't the minister aware that these racist remarks were caused by the indoctrination of BTN? There are seeds of racism planted in the courses,” said the opposition leader.

"Instead of just reviewing the courses' module, is it not better for the government to just shut down BTN, which has been acting against the 1Malaysia concept?" he told the Dewan Rakyat.

Nazri disagreed, saying that the modules were already being reviewed to reflect the unity concept and there was no need for it to be shut down.

Even before the dust could settle on the controversy surrounding the principals, BTN's deputy director Hamim Husain landed in the limelight for allegedly making racist remarks during a closed-door meeting.

However, Hamim denied that he had reportedly referred to Chinese Malaysians as “Si Mata Sepet” (slitty eyes) and Indian Malaysians as “Si Botol” (alcoholics) as reported.

What about Namewee?

In a related development, Bung Mokhtar Radin (BN-Kinabatangan) asked Nazri if the government planned to take similar action against rapper Wee Meng Cheng, popularly known as Namewee, over his “racist” remarks in a video clip he had made in relation to the principals.

"We will take action against Namewee but we cannot take a similar action because he is not a civil servant. He is not a principal and not a civil servant. But there are police reports lodged against him, and we will take the appropriate action," replied the minister.

Following this, Guan Eng had asked if other BN MP's were prepared to emulate Nazri's “Malaysian first, Malay second” proclamation.

However, Nazri brushed this off, saying that there was no need for them to do so as they had been united as Malaysian in governing the nation for 59 years.

"But for Pakatan Rakyat, they need to say this repeatedly because DAP is branded as Chinese chauvinists and PAS as Muslim extremists. That is why they need to say it many times," he said.

Muhyiddin contradicts Najib on press freedom

By Patrick Lee - Free Malaysia Today

KUALA LUMPUR: In stark contrast to his boss' statement recently, Deputy Prime Minister Muhyiddin Yassin reminded the Malaysian media that it was not free to do as it pleases.
"Press freedom is not a blank cheque to do whatever we want," he said at the International Forum on “The Creation of Global Citizen: Media Liberalisation and Political Realities” at the Putra World Trade Centre today.

Muhyiddin also warned that the freedom enjoyed by the media needed to be used responsibly.

"The media in this country understands what constitutes fair, free and responsible press... (but) we have to be cautious of what it can do as a communications tool," he said.

Muhyiddin added that it was in Malaysia's best interests to liberalise its media and to increase global awareness. He did not say how the government was going to do this.

Prime Minister Najib Tun Razak had recently said that there was a need for a free media, and that it should report without fear or favour.

Contrary to Najib's views, the government appears to have adopted a hard stance against various local politically-themed media outfits in recent days.

Online portals not spared

In September, cartoonist Zulkiflee Anwar Ulhaque (better known as Zunar) was arrested under the Sedition Act for publishing his latest book, Cartoon-o-Phobia.

Zunar, whose work has been critical of government administration as well as of Najib, has seen three of his previous works banned by the Home Ministry.

Online portals and social media outfits were not spared from the government's far-reaching hands.
Local blogger Ahiruddin Attan was recently questioned by the Malaysian Communications and Multimedia Commission (MCMC) after Information, Communications and Culture Minister Rais Yatim lodged a police report against him.

Attan, or popularly known as Rocky Bru, had allegedly posted a rumour that a minister's son stood to gain from a RM1 billion project organised by Rais' ministry.

According to the Press Freedom Index compiled by international media organisation, Reporters Without Borders, Malaysia stands at 131 out of 175 countries.

Trouble brewing in Batu Sapi for PKR

By Michael Kaung - Free Malaysia Today

SANDAKAN: Hasnar Ibrahim, the new Batu Sapi PKR division chief, has denounced the negotiation and selection of the Pakatan Rakyat (PR) candidate for the Batu Sapi by-election.

Describing it as improper and controversial, he warned the Pakatan leadership of serious consequences if they attempt to simply impose their choice (of candidate) against the will of Batu Sapi people.

Hasnar, who has a stake in the coming by-election, said unauthorized Sabah PKR members had attended a closed-door meeting to select a candidate for the Batu Sapi consituency.

He claims to be among the five PKR leaders being given the mandate to select the PKR candidate for Batu Sapi.

The others in the list are state PKR chief Ahmad Thamrin Jaini, Tuaran division Ansari Abdullah, Kota Kinabalu chief Christina Liew and Tawau chief Kong Hong Ming.

However his name and that of Ansari have been removed and replaced with that of Jeffrey Kitingan and Kalakau Untol.

Hasnar is furious that he was not informed and he only realized this when he was prevented from attending the Sabah Pakatan secretariat meeting scheduled yesterday afternoon at the Sandbay Hotel.

Meeting at another venue

He claimed that Thamrin had called off the scheduled meeting but later proceeded with it in another venue without his (Hasnar's) knowledge. It was also learnt that there was insufficient quorum.

“This is just not right and we are absolutely not happy with it. We in Batu Sapi PKR especially do not welcome both Jeffrey and Kalakau," Hasnar said, adding that both of them were too strong-minded and un-compromising.

He believes that both his and Ansari’s names were dropped from the original list of the select committee in order to get Thamrin nominated as the candidate.

“I know for a fact that someone in the committee has nominated Thamrin for the candidacy, which is against our Batu Sapi members and supporters’ will,” he claimed, adding that his committee had identified someone who is more qualified as the candidate.

A former ISA detainee in connection to distribution of faked Malaysian identity cards during the early 90s, Hasnar also reminded Pakatan central leaderships to honour their promise of giving full autonomy for Sabah Pakatan coalition leaders to decide on Sabah affairs.

“Stop treating us like puppets,” he stressed.

He also urged PKR central leaderships to be wary of being exploited by leaders who are actually “opportunists in disguise”.

Thamrin could not be reached for comment.

Meanwhile, it was reliably learnt that Pakatan leaderships might call for a press conference to announce the Batu Sapi candidacy, in the Parliament lobby, today.

Malicious attacks are signs of fear, says Zaid

By Athi Shankar - Free Malaysia Today,

GEORGE TOWN: Smear campaigns carried out by certain candidates in the on-going party polls are pointers to a fear syndrome gripping PKR, party supreme council member Zaid Ibrahim said.

He said the malicious personal attacks on others, using labels such as “Trojan Horse”, “hidden enemy” and “BN agent”, were carried out to promote a fear culture among party grassroots members.

He called on those spreading the malicious campaign to produce evidence to back their claims or stop their personal attacks.

“This is not good for the party democratisation and reform struggle. Do we want the culture of accusing each other to prevail in the party?

“If this is the culture we want, then we are no different from Umno and Barisan Nasional,” he told some 60 people attending “An Evening with Tok Z” session at Seri Malaysia Hotel yesterday.

The PKR Bayan Baru division’s “Team Rakyat”, headed by M Ngnanasegaran, organised the event.

Zaid suggested that the top leadership take stern disciplinary action against those carrying out the malicious attacks.

“They should be disciplined with stern punitive action for tarnishing the party's image,” he said.

'People are smart'

Zaid said that PKR and Pakatan Rakyat cannot go on merely criticising the government on all issues without suggesting solutions.

He added that the people have voted Pakatan not just to oppose BN, but also to perform as state governments with a difference.

He warned that Pakatan states' failure to deliver would result in people voting out the coalition in the next election.

He cautioned Pakatan not to take the support of the people in the last general election for granted.

“The people are smart... they would quietly vote us out,” he said.

Zaid said the size of the party membership was not an indication of a PKR success, adding that the Conservative party in Britain has only about 300,000 members but is ruling a population of 67 million.

“What we need are active members who can take part in all the decision-making process of the party, not just by-standers” he said.

He added that it was pointless to claim half-a-million membership when only a few hundred took part in the party elections.

“It shows that members were not keen to exercise their one member-one vote rights,” he said.

Vision for PKR

Zaid, who is contesting for deputy president, called for a cohesive reform programme to be carried out within PKR to galvanise members to take an active part in the internal polls.

“What’s the point for us to contest when members do not come out to vote,” said Zaid, who faces PKR powerbroker Azmin Ali and Mustapha Kamil Ayub for the number two slot.

He cited BN’s claim of having 7.5 million members as a fine example that large membership does not necessarily bring success.

If the BN membership was true, said Zaid, the country need not hold general elections because the coalition would win them all since registered voters numbered only 12 million.

Instead, he said the hallmarks of a successful party were political leadership and management quality; the bottom-to-top democratisation and leadership empowerment process; and performance with a difference.

“We must empower the people from bottom to top to be active and involved in decision-making process at all levels.

“We need to reform members to be active, vibrant and dynamic to give ideas and solutions to resolve local problems.

“It is pointless for us to talk about the sky and earth, stars and moons when we fail to sort out these details.

“This is my vision for the party,” said Zaid, who was fondly addressed as “Tok Z” by local PKR members.

When one death is too many

By R. Nadeswaran, The Sun

TWO weeks ago, a 20-year-old Singaporean student was killed in what appeared to be a hit-and-run incident in the upmarket area of Belsize Park in London. Tan Ming Wei was an undergraduate medical student at Cambridge and was reported to have been hit while walking along a kerb in the wee hours of the morning. It made the front page of the Evening Standard the same day and the tragic incident was extensively reported in other national newspapers the following day. I can relate to the anguish of her parents and all that can be said is that no one should ever go through such a traumatic experience.

In a country like the United Kingdom where its society brooks no nonsense when it comes to road safety, one death is one too many. In a society where indis-cipline on the roads is never tolerated, there’s little room for discretion when it comes to flouting traffic regulations. Even if you jump the queue, you are treated like a pariah and get dirty stares for being "uncivilised".

However, the 20 deaths in two crashes in Malacca and Kampar last week are just treated like statistics, adding yet more names to the long list of people who have lost their lives on Malaysian roads. Yes, the Transport Ministry comes out with the same old statement which has become an overused cliché – "We will investigate the cause of the accident" – after which it is business as usual until the next big crash takes place. No one wants to do the "dirty" job of coming down hard on those who choose to break the law. Besides, the mind tells the average Malaysian that there’s no problem because everything can be kau tim. This adds another hurdle in the enforcement of traffic laws.

Five years ago, the Road Safety Depart-ment was set up, but what has been achieved? Other than seeing goodies dished out at toll plazas before the festive rush and the occasional "road safety campaign", there’s little to show. Yes, the department will produce statistics that fatalities have dropped, but 300 deaths over the recent fes-tive exodus is nothing much to shout about.

Motorcyclists and their pillion riders were described as the biggest "risk group" and instead of wielding the big stick, the dep-artment was more interested in sourcing free helmets to be distributed to them. Why this velvet glove treatment when they make no effort to comply with the laws to protect themselves? The rampaging Mat Rempits who have taken control of some streets in Kuala Lumpur are testament to how the law has lost control of itself. Instead of treating them as law-breakers, some have chosen to pamper and pander to their wishes as if these act-ions are going to make them change their notorious lifestyles. In London, crossing the limit at a 20mph (32kph) zone in residential areas draws a compound fine of £95 (RM475) and no one gives amnesty or special discounts for early birds or latecomers in the Malaysian context.

The emphasis in Malaysia has been on speed. It’s been shown time and again that speed is NOT the greatest contributor to road deaths. Poor road design, insufficient lighting or signage, poor road surfaces, badly placed road signs and billboards – and the list goes on. The authorities keep harping on speed limits and it becomes monotonous. Doesn’t anyone care about the potholes as a result of which so many have died? When asked, the answer is always expectable: "Roads come under local councils and we have no control over them."

We must restore sanity on our roads. Don’t even think of "bringing in new laws to make it tougher". We have the laws, but they must be enforced with zealous discipline.

Andrew Evans, transport professor at the Imperial College in London, says that of all everyday activities carried out by people, transport carries the greatest risk per unit time of accidental death or injury. Need more be said? Why then are we not stopping our cars becoming mangled coffins and our roads being the graveyards they have turned out to be?

On Saturday, R. Nadeswaran marked the sixth anniversary of the loss of his daughter in a car crash with a vow to campaign to help end the carnage on our roads. Comments: citizen-nades@thesundaily.com

No need for BN MPs to declare ‘Malaysian first,’ says Nazri

Nazri: We all aware that Barisan has a Malaysian branding.

KUALA LUMPUR, Oct 18 — Datuk Seri Nazri Aziz claimed today that Barisan Nasional (BN) MPs should be exempt from declaring they were “Malaysians first”, as the federal coalition had always “championed” the rights of all races.

Pakatan Rakyat lawmakers have claimed that many BN MPs did not espouse Prime Minister Datuk Seri Najib Razak’s 1 Malaysia concept of “Malaysian first”.

In BN’s defence today, Nazri said that PR lawmakers were the ones who needed to make such a declaration, as he claimed that the opposition coalition was made up of “chauvinists” and “extremists.”

The Minister in the Prime Minister’s department said that Malaysians were already “well aware” of BN’s stand on equality, saying that the opposition instead needed to do so as they were still “new.”

“It is only those who are new that must constantly declare their stand as the rakyat may not trust them yet,” he said, adding that Pakatan Rakyat (PR) was only formed in 2008.

“DAP is a Chinese chauvinist party, PAS is an Islamic extremist party while PKR offers somewhat of a balance. But we all aware that Barisan has a Malaysian branding,” Nazri said in reply to a supplementary question by Bagan MP Lim Guan Eng.

Lim had asked whether other BN MPs were willing to emulate Nazri’s recent actions in declaring himself as “Malaysian first.”

The Minister had, in an open letter to Utusan columnist Awang Selamat, declared himself as “Malaysian first, and Malay second.”

“I am Malaysian first and Malay next, does any bigot have a problem with that?” said Nazri in the open letter published in The Malaysian Insider.

Later on at a press conference, Lim said that Nazri’s reply had failed to state whether other BN MPs were willing to declare whether they were Malaysian first or otherwise.

“Is Nazri alone in this? I don’t see any Umno or BN MPs sharing this view, even the Deputy Prime Minister does not share the same view,” said Lim.

Restricting indigenous rights

As If Earth Matters by Gan Pei Ling | The Nut Graph

IN the upcoming Galas by-election, Umno is expected to harp on “Ladang Rakyat”, a PAS state government development project that has reportedly benefited a private company over the rights of settlers. While Umno is championing the land rights of Malay Malaysian settlers, however, the Orang Asli remain one of the most impoverished communities under the Barisan Nasional (BN) government.

The Orang Asli remain one of the most impoverished communities under the BN government

In the name of development, customary lands belonging to the indigenous peoples have been seized; their forests, houses and crops destroyed with minimal or zero compensation. And yet, Umno has announced its determination to win the votes of the 2,000 Orang Asli voters in the by-election.
How it will do that will soon be revealed when campaigning begins. What is more significant though is that over the years, the BN government has systematically used the Aboriginal Peoples Act 1954 and Jabatan Hal Ehwal Orang Asli (JHEOA) to exert control over Orang Asli communities. A new land policy the BN government passed in 2009 looks set to further restrict indigenous rights even as Umno clamours for settlers’ land rights.
Problematic new land policy
The National Land Council, chaired by Deputy Prime Minister Tan Sri Muhyiddin Yassin, passed a controversial Orang Asli land policy in December 2009. Muhyiddin claimed the new policy would help to eradicate poverty among the indigenous communities in the peninsula.

Orang Asli at a September 2008 gathering in Kuala Lumpur

However, over 2,000 Orang Asli marched to the Prime Minister’s Office in March 2010 to submit a memorandum in protest of the policy that was passed without consultation with the indigenous communities.
Under the new policy, instead of recognising Orang Asli rights over their customary lands, the state would instead “give” them between 0.8 to 2.4 ha of land per family, and an additional 5,000 square feet to build houses.

Colin Nicholas

But Centre for Orang Asli Concerns coordinator Dr Colin Nicholas warns that under the policy, it is likely the Orang Asli will no longer be recognised as indigenous peoples.
“One of the key elements in the definition of indigenous peoples is their collective attachment and control over a particular customary land,” he said in a 9 Oct 2010 Bar Council forum in Kuala Lumpur. Nicholas noted that the new land policy does not take into account the Orang Asli’s unique way of life and the diversity of their traditional land use practices.
“Unlike the Malay [Malaysians] who have their Malay reserves, and the Sabah and Sarawak natives who can make a claim over their native customary rights (NCR) lands, the Orang Asli will only be accorded individual land titles,” Nicholas explained.
Furthermore, only sanctioned development agencies, not Orang Asli themselves, would be allowed to develop the lands. In other words, the Orang Asli would have little control over their land.
Additionally, the communal customary lands known as tanah adat or “roaming areas” will be lost to the Orang Asli under the proposed amendments to the Aboriginal Peoples Act 1954. The Orang Asli would also be prohibited from making land claims in court once they accept the government’s land titles.
Nicholas claimed the new land policy was the federal government’s reaction to restrict Orang Asli land rights after the Adong Kuwau and Sagong Tasi landmark rulings, which extended recognition of Orang Asli rights to their traditional lands and resources.
Aboriginal Peoples Act
Apart from the new land policy, the BN government has also yet to amend or repeal the problematic Aboriginal Peoples Act 1954 that does not fully recognise Orang Asli land rights.
A colonial product, the law was supposed to “provide for the protection, well-being and advancement of the aboriginal peoples of Peninsular Malaysia”.

Augustine Anthony

However, lawyer Augustine Anthony pointed out during the Bar Council forum that all 19 sections in the Act need to be amended, if not repealed.
“For example, under Section 3(3) of the Act, it is the minister that decides who is an Orang Asli (not the Orang Asli themselves).
“Also, under the Act, an aboriginal area or reserve can be changed to Malay reserve or a forest reserve by the state at will,” said Anthony, adding that the Orang Asli cannot transfer, lease or sell their land without the consent of the director-general of Orang Asli affairs.
“Clearly, the Act was established by the British to exert control over the Orang Asli communities during the communist era,” said Anthony. And the BN government has continued to use the same tool to control the Orang Asli since independence.
Who is responsible?

Full house at the Bar Council forum

Conducted in Bahasa Malaysia, close to 200 Orang Asli attended the Bar Council forum that sought Orang Asli feedback on the new land policy. All voted against the new policy.
Additionally, many spoke out against JHEOA and the BN government during the forum. A few complained that the politicians would make sweet promises to grant them land titles during election campaigns, but disappear without a trace after that.
“We can always blame the government, but the way I see it, we Orang Asli must unite and stand up for ourselves, too,” said Tijah Yok Chopil from Jaringan Kampung Orang Asli Semenanjung Malaysia.

Tijah Yok Chopil

“We can’t keep thinking that all our problems including our land woes will be solved once we vote for a particular party. BN or Pakatan candidates, we can’t just sit down [and wait for them to fulfil their election promises]. We need to look for them after the elections,” Tijah, a Semai, said.
Indeed, while civil society and the Bar Council may help to amplify indigenous voices, it is still up to the Orang Asli to continue to pressure the federal and state governments to uphold their rights and fulfil election promises. The Galas by-election will provide just the opportunity to keep doing so.

And so it begins… Sg Rajang level drops

The Rajang River water level reportedly has dropped after flooding began at the Bakun Dam. Already the express boat between Kapit and Belaga has been suspended.

Rajang River water level drops - Photo credit: Borneo Post

Will Kapit now be cut off from vital river transport? What about the area’s future water and energy supply? What other environmental consequences does the Bakun Dam have in store?

Khalid’s decision not to contest: Selangor rakyat comes first

While we wait on a hopefully upcoming website for the MB, I thought I would help share a press statement released today

THE SELANGOR RAKYAT COMES FIRST
I would like to thank all those who supported my candidacy for the post of Deputy President in the coming Parti Keadilan Rakyat elections. Their trust, confidence and willingness to always put the interests of the rakyat first remain an enduring source of inspiration for me.
I would also like to express my gratitude to the special consultation committee – Saudara Tian Chua, Puan Irene Fernandez, Tuan Syed Shahir and Dr Muhammad Nur Manuty – who spent much of their valuable time meeting various leaders in the past week.
My interest in contesting the party elections was informed by a desire to strengthen party unity and promote a commitment to a healthy political culture and principles above all else. I continue to harbour these aspirations for the good of the party and for all Malaysia. After careful and considered discussion with the special committee members, my political secretary Faekah Husin and key Reformasi activist leaders, I am convinced I can advance these goals best by not contesting any of the top party posts in these elections.
The Pakatan Rakyat led Selangor state government is in many ways a blueprint for a Pakatan Rakyat led federal government. In view of the upcoming general elections, I feel my highest duty is to demonstrate the kind of dynamic, principled and rakyat-centric governance that will inspire confidence in Malaysians throughout the country and help spread the Reformasi spirit all the way to Putrajaya.

I also see it as my duty and goal to retain the stronghold that is the Selangor state government. With our continued commitment to the welfare of the rakyat through the Merakyatkan Ekonomi Selangor agenda, we can safely aim to surpass a two thirds majority in the next state elections, retain the current parliamentary seats and deliver the remaining five BN-held seats towards the effort of forming the federal government
The massive focus that has been channeled into the Klang Valley in the recently announced federal budget has also been a factor in my decision. The Greater Kuala Lumpur plan involves projects worth billions of ringgit and it is crucial for the Selangor government to play a major role in ensuring that these projects are managed efficiently and transparently.
To safeguard the interests of the rakyat, the Selangor Government will monitor and scrutinise these developments. We will be paying special attention to the tender process for all projects, especially those involving the construction of commuter and LRT routes (possibly too specific for a statement of this nature and subject), to ensure that the contracts awarded do not profit crony companies at the expense of the rakyat.
In conclusion, I would like to note again that I am confident in the abilities of all the candidates I have seen nominated for top party positions, and am optimistic about their potential to rejunevate the spirit of Reformasi for the party while we in the Selangor state government remain focused in our efforts to realise a genuinely rakyat-centric government. I call on all candidates to maintain the highest standards of a healthy political culture throughout the campaign, and hope they will set an example worthy of aspirants to the federal government.
I look forward to a campaign that will feature sophisticated discourse with regards to the ideals and direction of our party, and a comprehensive roadmap to success in the next general elections. I wish all candidates and members the very best – may these historic elections pave the way for a better Malaysia.
TAN SRI DATO’ SERI ABDUL KHALID IBRAHIM
DATO MENTERI BESAR SELANGOR

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RAKYAT SELANGOR DIUTAMAKAN
Saya ingin merakamkan setinggi-tinggi terima kasih kepada semua yang menyokong pencalonan saya sebagai Timbalan Presiden pada Pemilihan PKR 2010. Kepercayaan dan komitmen mereka kepada kebajikan rakyat merupakan satu inspirasi yang berterusan kepada saya.
Saya juga ingin mengucapkan terima kasih kepada jawatankuasa khas – Saudara Tian Chua, Puan Irene Fernandez, Tuan Syed Shahir dan Dr Muhammad Nur Manuty – yang telah menyumbang masa untuk bertemu dengan pemimpin dan akar umbi parti minggu lepas ini.
Minat saya untuk bertanding adalah berdasarkan keinginan untuk menguatkan muafakat parti dan mempromosikan budaya politik yang sihat serta komitmen yang tidak berbelah bagi kepada prinsip-prinsip murni.
Aspirasi saya adalah untuk menyuburkan pendirian ini demi parti dan demi seluruh Malaysia. Setelah perbincangan yang mendalam dengan jawatankuasa khas, setiausaha politik saya Faekah Husin dan beberapa pemimpin Reformasi, saya yakin saya boleh lebih merealisasikan objektif-objektif ini tanpa bertanding untuk mana-mana jawatan tertinggi parti dalam pemilihan tahun ini.
Kerajaan negeri Selangor yang diterajui Pakatan Rakyat boleh dikatakan sebagai contoh sebuah Kerajaan Persekutuan yang bakal dipimpin oleh Pakatan Rakyat. Memandangkan pilihan raya umum yang akan datang, tugas pertama saya adalah untuk menjadikan kerajaan Pakatan Rakyat sebagai contoh kerajaan dinamik, berprinsip dan berpaksikan kebajikan rakyat di peringkat negeri mahupun di peringkat Perseketuan. Dengan membina keyakinan ini dalam minda rakyat, kita akan lebih dekat kepada hasrat kita untuk menyebarkan semangat Reformasi sehingga ke Putrajaya.
Tugas saya juga adalah untuk memastikan bahawa Selangor dikekalkan sebagai kubu kuat Pakatan Rakyat. Dengan komitmen berterusan kami kepada kebajikan rakyat melalui agenda Merakyatkan Ekonomi Selangor, kami berkeyakinan untuk mensasarkan kemenangan majoriti dua pertiga pada pilihan raya akan datang, mengekalkan kerusi-kerusi parlimen dan memenangi lima lagi kerusi BN sebagai sumbangan terhadap membentuk kerajaan Persekutuan pada pilihan raya umum.
Satu lagi faktor terhadap keputusan saya adalah fokus besar terhadap Lembah Klang dalam belanjawan yang baru diumumkan. Projek “Greater Kuala Lumpur” melibatkan projek berbilion-bilion ringgit, dan kerajaan Selangor mesti memainkan peranan yang besar dalam memastikan projek-projek ini dikendalikan dengan cekap dan telus.
Demi menjamin kepentingan rakyat, kerajaan Selangor akan memantau dan meneliti semua projek ini. Khususnya, kami akan memerhati proses tender, terutamanya dalam pembinaan infrastruktur pengangkutan awam untuk memastikan kontrak-kontrak yang dianugerahkan tidak hanya memanfaatkan syarikat kroni dan merugikan rakyat.
Saya cukup yakin dengan kebolehan setiap calon yang telah menerima pencalonan untuk bertanding dalam pemilihan PKR, dan mengalu-alukan potensi mereka untuk menyegarkan semangat Reformasi dalam parti; pada masa yang sama, kami di kerajaan negeri Selangor terus fokus terhadap menyempurnakan agenda kerajaan berpaksikan rakyat.
Saya berharap semua calon akan mengamalkan kempen yang berasaskan budaya politik sihat yang wajar bagi bakal pemimpin negara.
Semoga pemilihan PKR penuh dengan perbincangan mendalam mengenai prinsip-prinsip asas serta halatuju parti kita serta rancangan mantap untuk mencapai kejayaan pada pilihan raya umum akan datang. Saya mengucapkan selamat bertanding dan selamat mengundi kepada setiap calon dan ahli parti – kita harapkan pemilihan ini akan jadi langkah pertama bagi merealisasikan harapan baru untuk Malaysia.
TAN SRI DATO’ SERI ABDUL KHALID IBRAHIM
DATO MENTERI BESAR SELANGOR

10 killed in stampede at Indian temple

(CNN) -- At least 10 people were killed and as many others injured in a stampede that broke out during a ritual at a Durga temple in Bihar, India, the nation's official Doordarshan news agency reported Sunday via the Indian government's website.

The stampede broke out Saturday night, the news agency said, at the temple in Bihar's Banka district during the "Navrati" festival, one of the most celebrated festivals of the Hindu calendar.

More than 45,000 devotees were at the temple to offer prayers and sacrifice goats when the stampede occurred, officials told Doordarshan. A portion of the sacrificed goat's body fell on some people, creating a scare that led to the stampede, according to the report.

"Ten deaths have been confirmed so far, while four are stated to be in critical condition," District Magistrate Aadesh Chitarmare told the news agency.

Police will not prosecute murderers of schoolgirl Divya Bharathi Murali (16) raped and murdered. (See NST 17/10/10 page 3)

Some ten years ago an Indian school girl Mellisa Odery of Convent Bukit Nanas was similarly raped and murdered. Her murderers were never seriously investigated nor the murderer prosecuted by Attorney General Tan Sri Gani Patail simply because she was an Indian victim. So was the case of dozens of other Indians.

The Polis Raja Di Malay-sia also did not seriously investigate and the Attorney General did not prosecute the murderers of Varsha (12) who was murdered in Kuala Lumpur in the middle of this year and scores of such other murder cases involving Indian victims for example Johor MIC Deputy Chief Dato’ Krishnasamy in 2006, Dato Annamalai, MIC elected State Assemblyman Dr.Joe Fernandez and even many others.

Bangsar Shan was kidnapped, handcuffed by a group of policemen and is believed to have been murdered.

All because the victims were all merely Malaysian Indians, who do not deserve Justice under the Malay-sian sun?

When state Assemblyman Dato Taha was murdered even a serving Minister Dato Mokhtar Hashim was prosecuted for murder even in 1984. Then Mona Fandey and two others were sentenced to death for the murder of another UMNO elected State Assemblyman.

And the lates being the swift murder charges for the murder of Dato Susilawati and three other Malay muslims.

UMNO Malay-sia has become so racist that it matters even what ethnicity the murder victim is.

P.Uthayakumar

Gated or No Gated

Failures of authorities to provide adequate security, many Resident Associations have taken their own measures to safeguard themselves from robbers, burglars and snatch thieves.

But the measures taken by the Resident Associations do not please everyone, particularly those who are unwilling to contribute for the expenses and take part in running their own security management. This is creating tensions among the same community.

Don’t Fight… Don’t  Fight…. Is that what MP Charles Santiago telling Klang Bukit Tinggi Residents?

Also, some of the measures taken, such as putting up fences and blockading back lanes, violate the City Hall regulations.

Recently, the authorities came up with a new guidelines but it may not solve the tensions in at least one Residential area.

Two groups from Klang, Bukit Tinggi have taken their grievances to Klang Member of Parliament Charles Santiago. One in favor of blockading side lanes and another group wants free access.

Kit Siang says Najib trying to ‘out-Mahathir’ Dr M’s mega projects

Lim: It must be asked whether Najib is secretly trying to out-Mahathir Mahathir not only to build a tower higher than Mahathir’s Petronas Twin Towers, but which could be acclaimed as the tallest in the world — however brief the claim.

KUALA LUMPUR, Oct 17 — Lim Kit Siang has accused Datuk Seri Najib Razak of trying to outdo Tun Dr Mahathir Mohamad by building a 100-storey skyscraper rather than a high-income economy.

The influential DAP advisor said today that the Budget 2011 tabled last Friday did not reflect the objectives of New Economic Model (NEM) introduced by the prime minister to transform Malaysia from a middle income country to a high income economy.

“Despite all its bombast and pyrotechnics, Prime Minister Datuk Seri Najib Razak’s 2011 budget is not a child of the New Economic Model but bears all the marks of old discredited policies which have landed Malaysia in the middle-income trap for more than a decade, setting the country towards a failed and bankrupt nation come 2019,” said Lim in a statement.

“Former Prime Minister Tun Mahathir’s obsession with mega projects like the proposed RM5 billion 100-storey Warisan Merdeka tower is back with a vengeance,” said the DAP parliamentary leader.

“It must be asked whether Najib is secretly trying to out-Mahathir Mahathir not only to build a tower higher than Mahathir’s Petronas Twin Towers, but which could be acclaimed as the tallest in the world — however brief the claim?” he added.

When tabling Budget 2011 on Friday, Najib said that the Warisan Merdeka would be a Permodalan Nasional Bhd (PNB) project, sited adjacent to Stadium Merdeka and Stadium Negara and is expected to cost RM5 billion and will be the tallest tower in Malaysia upon its completion in 2015.

“Najib’s 2011 Budget is not convincing that it represents the first budget of a New Economic Model to transform Malaysia from a middle income country to an inclusive and sustainable high-income developed country by 2020, emphasising high-skilled human capital, efficient public services, a reinvigorated private sector and equal opportunity for all Malaysians,” said the Ipoh Timur MP.

He also doubted if the Najib administration plan increase talents in the domestic job market would succeed due to the prime minister’s lack of political will to implement the NEM vision of ensuring equal opportunity.

“What surety is that the National Talent Blueprint is not condemned to failure like previous “Brain Gain” programmes for the simple reason that there is no political leadership and will in the Najib administration to achieve the vision spelt out by the New Economic Model,” said Lim.

Dr Mahathir embarked on a massive development spree after he took power in 1981 by building highways, the Penang Bridge, opening new industrial estates and oversaw the construction of the Petronas Twin Towers, the KL International Airport, intra-city train lines, several ports and the new administrative capital Putrajaya and its neighbouring Cyberjaya which was central to the Multimedia Super Corridor (MSC) project.

In Budget 2011, Najib announced the construction of the new Mass Rapid Transit (MRT) service for Kuala Lumpur, the Warisan Merdeka Tower, the Kuala Lumpur Islamic Financial District (KLIFD), the redevelopment of the Sungei Besi Air Base and the Rubber Research Institute land in Sungai Buloh.  - The Malaysian Insider