Battle of the Eastern Front

Until we know who the candidates are there is very little we can do as far as election strategy goes. Nevertheless, the Chinese are going to be the ‘kingmaker’ and, with a 50:50 tie, their 11% is going to be very significant indeed.

THE CORRIDORS OF POWER(Malaysia-Today)

Raja Petra Kamarudin

The million ringgit question during the Permatang Pauh by-election was whether the 8 March 2008 ‘magic’ is still there? Was March 8 a one-off, flash-in-the-pan or was the Tsunami still strong?

Some in Umno forecasted that Arif Shah would win by at least 5,000 votes. Others in Umno, not so optimistic, forecasted that Anwar would win, but by less than 10,000 votes. Anwar won by more than 15,000 votes, exceeding even what Dr Wan Azizah won in the general election just over five months earlier.

Actually, Anwar won by more than 18,000 votes if you take into account the 1,000 ‘missing’ names (those who voted on March 8 but had their names deleted and could not vote on 26 August), the 1,000 voters bussed in on 25 buses, the 600 voters who discovered that someone had voted in their place using their identity cards, and the 400 postal votes. This came to about 3,000 extra votes for Umno.

Anyway, Anwar won two out of three votes or 66.6% in spite of the cheating. So March 8 was no fluke-shot or flash-in-the-pan. The voters very much wanted change and they demonstrated this in Permatang Pauh during the by-election.

That same question is now being raised for the 17 January 2009 Kuala Terengganu by-election. One difference though. Permatang Pauh was Anwar’s seat. No one thought he would not win it. The only question was by how many votes. Kuala Terengganu, however, is Umno’s seat. This means the opposition is not defending its seat like in Permatang Pauh but is trying to grab an Umno seat.

But Kuala Terengganu is not really an Umno seat as such. The Parliament seat of Kuala Terengganu comprises of four state seats -- Batu Burok, Wakaf Mempelam, Ladang and Bandar. And the seat has ding-donged between Umno and the opposition from time to time. It is like one election it goes to Umno and the next it goes to the opposition. So, since Umno held it the last time, it might just swing to the opposition this time around.

Batu Burok is split between government and opposition. Most government officers live in Batu Burok. So, invariably, they would normally vote government. But Batu Burok also comprises of Kuala Ibai, which is a PAS stronghold and where few Umno people dare stray into lest they get pelted with stones. Yes, the Kuala Ibai fishermen and farmers are most passionate about their support for PAS and woe to any Umno man or woman who attempts to campaign in that area.

This means, if the government officers swing to the opposition, like they did in 1999, then PAS would win Batu Burok. I will not know the current sentiment of the government officer residents of Batu Burok until I go down to the ground next Month -- and I plan to spend about two weeks in Kuala Terengganu from the 5th to 18th January to not only assess the situation but to help campaign for PAS as well.

Wakaf Mempelam is Mustapha Ali’s stronghold. So we can assume that PAS will secure this area unless Mustapha’s popularity has declined drastically since I was last in Terengganu. Mustapha, in case you did not know, is the PAS ‘mafia boss’ of Terengganu and once my neighbour when I lived there for about 20 years.

Ladang is unique. The Ladang folks have always been anti-establishment except for the period when the late Bakar Daud was its State Assemblymen. Bakar Daud was the football association President and Captain of the Terengganu football team. He was also very ‘generous’ every election, plus in between elections, and he ‘took care’ of the Ladang folks very well. Money, of course, talks, while bullshit walks. And throw in the Terengganu folks’ passion for football and Bakar Daud had it made.

When Onn Jaafar of Johor resigned from Umno to form Parti Negara, he chose Ladang as his seat and won. For a Johorean to win in Terengganu -- and opposition on top of that -- is quite a feat. But, as I said, Ladang is unique and no one can predict how the Ladang folks will vote come 17 January 2009. They might yet surprise everyone.

Bandar comprises of Losong and Kampong Cina. Bandar is the only MCA (state) seat in Terengganu. The rest -- 31 state and 8 parliament seats -- are all Umno. However, in the 1990 general election, the Chinese in Kampong Cina voted opposition while the Malays in Losong voted MCA. MCA, however, lost because, while the Chinese were solid in their support for the opposition, the Malays in Losong were split 50:50.

In the recent general election, the votes for the Kuala Terengganu parliamentary constituency were split almost 50:50. The calun bebas got about 600 votes, which is about the number of votes that PAS lost. If there were no calun bebas what would have been the outcome? Would Umno still have won or would that seat now be a PAS seat? If PAS had won then this would mean we would not be seeing a by-election come 17 January 2009.

Yes, Kuala Terengganu is not Kuala Terengganu. Kuala Terengganu is Batu Burok, Wakaf Mempelam, Ladang and Bandar. And Batu Burok is government officers, fishermen and farmers while Bandar is strong Chinese. And the Chinese, who form about 11% of the 80,000 or so voters, are Hokkien and Hainanese. This makes Kuala Terengganu most interesting and extremely unpredictable.

Much will depend on the candidate chosen by PAS and Umno. For PAS, there are four possibilities. Mustapha Ali, Wan Abdul Muttalib Embong, Mohamad Sabu (Mat Sabu) and Dr Syed Azman Syed Ahmad Nawawi. All four have their strengths and weaknesses.

Mustapha Ali is the ‘mafia boss’. But he does not get along well with DAP and PKR. So there is a danger that the other Pakatan Rakyat members may not be campaigning too enthusiastically.

Wan Muttalib is a lawyer and very wealthy. But he is not popular with some of the PAS grass-root leaders because of his ‘loose cannon’ tendencies. Because of his success and wealth, Wan Muttalib can sometimes be quite arrogant and this pisses off quite a few people.

Mat Sabu is very popular. Even the DAP and PKR people like him. But he is an ‘outsider’ and this poses a problem. Terengganu folks are very regionalistic. Even if someone from Besut, in North Terengganu, contests in Kemaman, in South Terengganu, there would be acceptance problems. So Mat Sabu may face a problem if the Terengganu folks prefer a ‘local’ rather than an ‘orang luar’.

Syed Azman, I suppose, has no baggage. But, being a professional, he has problems ‘coming down’ to the level of the villagers, fishermen and farmers. You need to be ‘one of them’ to win them over. I have personally seen Syed Azman walk pass without shaking hands with those standing around waiting to greet their leaders. And this is a cardinal sin in Malay politics, especially when it comes to rural Malays.

Umno may probably choose Wan Farid Wan Salleh or Zubir Embong. Wan Farid is Abdullah Ahmad Badawi’s Political Secretary but his hands are tainted with the shooting of the two Bersih demonstrators in Batu Burok awhile back. He is also implicated in the mismanagement and abuse of the RM1 billion a year Wang Ehsan or oil royalty.

Wan Farid’s brother, Wan Hisham, together with Patrick Lim, is the man behind the RM300 million a year Terengganu Monsoon Cup. Whether Terengganu folks can forgive Wan Farid for the shooting during the Bersih rally, plus for the abuse of billions of ringgit of oil royalty, is left to be seen -- but it would be most interesting if Umno fields him because there would be a lot of issues to use against him.

Zubir Embong is yesterday’s news and if Umno fields him then PAS need not work too hard because many in Umno itself will see to it that he loses. He is from the Bakar Daud-Wan Mokhtar era and no longer acceptable. Umno would be better off choosing a fresh candidate rather than Zubir if Wan Farid is not going to be it.

So that’s how it stands thus far. Until we know who the candidates are there is very little we can do as far as election strategy goes. Nevertheless, the Chinese are going to be the ‘kingmaker’ and, with a 50:50 tie, their 11% is going to be very significant indeed.

Do I dare predict the outcome of the Kuala Terengganu by-election? Not at this stage. The by-election can go either way. And remember, it is not about Kuala Terengganu but about Wakaf Mempelam, Kampong Cina, Ladang, the government officers, the farmers and the fishermen. This is probably the most ‘mixed’ seat in the whole state of Terengganu.

Surprised but not alarmed

The Straits Times

SECURITY analysts were taken by surprise yesterday when they found out that Malaysia had released terrorist Yazid Sufaat and more than a dozen Jemaah Islamiah detainees in the past month.

They believe Yazid, who had links to the Al-Qaeda, still poses a security threat to Singapore and other countries.

However, they are not alarmed by the move, pointing to the cooperation between Singapore and Malaysia, as well as other neighbouring countries, in dealing with terror threats.

'Singapore's threat monitoring is very robust,' said Dr John Harrison, of the International Centre for Political Violence and Terrorism Research at Nanyang Technological University (NTU).

'I'm sure they are working closely with their partners in Malaysia and elsewhere to make sure threats don't develop and mature.'

Analysts like Dr Rohan Gunaratna are also confident of Malaysia's assessment of the danger Yazid poses.

'Certainly, the Malaysians would have thought it through carefully,' said Dr Gunaratna, who heads the NTU centre.

News of the release of the Indonesian, Malaysian and Filipino detainees was published in The Straits Times yesterday.

A Malaysian official had told the newspaper that they were freed after a government advisory board at Perak's Kamunting Detention Centre said they were no longer a security threat.

Singapore's Home Affairs Ministry, when asked to comment on the release, noted that Singapore will continue to 'work closely with our regional partners on counter-terrorism, which includes exchanging intelligence'.

Also, 'regional authorities, including Singapore, have taken strong action in arresting and detaining terrorist elements within their respective jurisdictions', the ministry added in its statement to The Straits Times yesterday.

However, Dr Gunaratna believes security agencies should keep a close watch on Yazid, for three reasons.

One, the 43-year-old, who was arrested in December 2001, had allowed two terrorists to use his home in Kuala Lumpur. They were Khalid al-Midhar and Nawaf al-Hazmi, hijackers of the plane that crashed into the Pentagon, the US military headquarters, on Sept 11, 2001.

Two, Yazid, a former army captain, is a biochemist who had headed an Al-Qaeda anthrax programme on using the deadly biological agent for terror attacks.

Three, he had a hand in terrorist attacks in Indonesia and had travelled extensively in the region, including Singapore.

'Yazid Sufaat is one of the most dangerous terrorists in Asia,' said Dr Gunaratna.

But, he added: 'The Malaysian Special Branch is a very professional organisation, and their assessment of Yazid Sufaat should not be doubted.'

Singapore has over the years released JI detainees too, after assessing that they no longer posed a threat. In the past six years, more than 30 have been freed.

Their release depends on, among other things, their response to a rehabilitation programme that includes religious counselling by a volunteer group of Muslim experts in Islamic theology.

In Malaysia, however, not much is known publicly about its rehabilitation programme, said Dr Kumar Ramakrishna, head of the Centre of Excellence for National Security at the S. Rajaratnam School of International Studies.

But the analysts interviewed believe Malaysia would take the necessary steps to ensure Yazid is not a threat.

They noted especially the restrictions on his movements. He cannot leave Selangor, his resident state, without the approval of its police chief.

Dr Kumar also took heart from the cooperation between the security agencies of Singapore and Malaysia.

He noted how they acted in concert in arresting JI terrorists in December 2001, soon after the Sept 11 attacks.

However, the need to stay vigilant cannot be over-emphasised.

Said the MHA: 'The pervasive threat of international terrorism means that Singapore, like many other countries, needs to remain alert to the potential threat posed by any terrorist element, remain vigilant and maintain stringent border security measures to deter and prevent the entry of terrorists.'

'Many non-Muslim native women unaware of rights'

(Daily Express) here is a need for native women, particularly non-Muslims, to be aware of their rights pertaining to the family as prescribed under Sabah's native customary laws.

State Community Development and Consumer Affairs Minister, Datuk Azizah Mohd Dun, said it is imperative that they acquire such knowledge so that they would know which authority to refer their problems to.

"Muslim women nowadays are well aware of their rights under the family law and they would refer any matters related to marriages and property distribution to the Syariah Court.

"But many non-Muslim women are unaware of their rights provided for under the native customary laws. In fact many do not understand the important provisions as well. Consequently, they do not know where to go when facing family-related problems," she said at the opening of a Family Law Seminar on Native and Customary Laws, Tuesday.

The Legal Committee under the Sabah Women's Advisory Council (MPWS) organised the seminar to create and enhance awareness as well as disseminate legal information on family matters under native customary laws to the participants.

Another objective was to provide a platform to discuss the strengths and weaknesses of the Native Court system, including comparing conflicting issues in native laws vis-a-vis Syariah and Civil Courts.

By being aware of their legal rights, Azizah said native women regardless of their religious beliefs can be proactive and would not feel hesitant to take action if necessary.

"The native customary law is a unique legal system as it has long existed and been practised by the native people of Sabah.

The most apparent topic that often gives rise to problems is the issue of polygamous marriage which brings into question the issuance of birth certificates for the children, the status of the children born from such marriages and beneficiaries for family properties, she explained.

"Also, I note that the women are often the victims of discrimination in the Native Court when it comes to distribution of income and family properties as the men and nearest male kin would normally receive the bigger portion compared to the women," Azizah said.

She hoped that the 200 participants of the seminar comprising lawyers, native chiefs, district chiefs, marriage registrar, syarie judges, women NGOs and government departments would have a better understanding of the issues which arise when handling such problems.

PPP will not leave BN

(Bernama) People's Progressive Party (PPP) advisor S I Rajah said today the party would not leave the Barisan Nasional (BN).

"I met the BN chairperson and the secretary-general at the Parliament House today, and gave them an assurance that PPP would not leave the BN coalition," he said in a statement.

Prime Minister and BN chairperson Datuk Seri Abdullah Ahmad Badawi had said yesterday that it was up to PPP to leave the coalition, following its threat to do so if the Internal Security Act (ISA) was not abolished before the next general election.

The government sticks to its decision not to abolish the ISA as it was deemed necessary in safeguarding the country's security.

Rajah said PPP president Datuk M Kayveas should have obtained the consensus of the grassroots members' support first before issuing an ultimatum to BN.

The real meaning of sacrifice

Is Najib prepared to sacrifice power and position? Is he prepared to give up his post as Deputy Prime Minister and reject the post of Prime Minister that he is expected to take in March 2009? That is the real sacrifice and is what sacrifice is all about.

NO HOLDS BARRED

Raja Petra Kamarudin

This is what the New Straits Times reported on 8 December 2008:

Najib: We must make sacrifices

PEKAN: Deputy Prime Minister Datuk Seri Najib Razak said the significance of Hari Raya Aidil Adha lies in the fact that if Muslims seek to progress and succeed in their endeavours, spiritually and materially, it would not come without sacrifice.

He said the awareness of the need to sacrifice for success should be inculcated in all Muslims.

"The need to sacrifice, which is a blessing from God, is not only a matter of faith but also in our tasks undertaken," he said, at the handing over of 179 head of cattle and two camels to representatives of surau and mosques in his constituency.

Present at the function was Najib's wife, Datin Seri Rosmah Mansor.

Because of the heavy rain at Najib's family house, the hand over of the cattle and camel was shifted to the Sultan Ahmad Shah Convention Centre at the town centre here.

The live animals were brought into the convention centre in a lorry and Najib handed them over to the coordinator of the programme.

The animals, which will be taken to the respective surau and mosques in the Pekan constituency, will be slaughtered after Aidiladha prayers today. – NST, 8 Dec 2008

************************************************

How often do we hear Muslims talk about ‘sacrifice’ and ‘jihad’? These two words are probably the most used words alongside the words ‘akidah’ and ‘tawhid’.

Today I do not want to talk about akidah or tawhid. I already debated this matter with the ustaz from Jakim while in Kamunting and the debate went nowhere. Basically, they look at things from the theoretical point of view but offer no solutions as to how to put theory into practice. When we offer them examples of practical applications gone awry they quickly look at their watch and tell us that time does not permit us to prolong the debate and that we should break for lunch.

No, they do not want to confront reality in spite of them knowing that theory can sometimes be a great departure from practice. Communism, in theory, sounds good. In practice it’s another thing altogether. Capitalism is another ‘theory’ that is proving disastrous. It has now dawned on the world that capitalism may yet trigger the ‘end of the world’ that we have known for 200 years and that we may be seeing, at the point of a gun, the beginning of a new system that will replace capitalism.

Did not Jesus physically evict the moneychangers from the temple? 2,000 years later we might, again, be evicting the moneychangers from the Temple of Capitalism. Money has become worthless, at least the paper money that we know today.

Will we see the exit of ‘paper’ and the re-emergence of barter trade? Seven of my goats for one of your cows! Fifty of my chickens for one of your goats! One cow for a vote for Barisan Nasional -- five cows for an Umno Supreme Council post! One handshake from Nurul Izzah Anwar or a kiss on the cheek from Hannah Yeoh for one vote for Pakatan Rakyat! (I voted for Hannah Yeoh for just a sweet, enchanting smile. But then I come cheap -- ooo….what a smile from a sweet young thing can do for me.)

The list of barter trading possibilities is endless so let your imagination run wild on this one. (I can already anticipate the comments from readers on the barter trading they are going to propose). Yes, soon, paper money will be so worthless no one will want it. It will have to be goods for goods or goods for services, and vice versa. That’s how it used to be until some smart aleck replaced the system with paper money. And that was the beginning of our problems, and which is going to haunt us come 2009.

And Najib Tun Razak wants to become Prime Minister just when this economic earthquake hits us. If I were Najib I would allow Abdullah Ahmad Badawi to stay on till 2010. I would not want to be the Prime Minister who takes the blame for the worst economic period in Malaysian history. And the Finance Minister 2 says that we shall not be having a recession in 2009. Sheesh, where did he learn economics?

Anyway, back to the subject matter. Najib talked about ‘sacrifice’ in his statement on Hari Raya Korban (the Ide’ of Sacrifice). For those who do not know what Hari Raya Korban is all about, it is a festival to celebrate Abraham’s sacrifice of his son, which was originally ordered by God and then, just as he was about to carry out God’s command, was replaced by a sacrifice of an animal, at the command of God.

“What has Abraham got to do with Islam?” some of you may ask. The Quran says that all the followers of Moses and the followers of Jesus who follow the way of Abraham are the true submitters (Muslim). So the way of Abraham is the way (adeen) of Islam. And that is why Kofi Anan, in his speech in the UN, said, “We are all children of Abraham (meaning Jews, Christians and Muslims).”

Does this therefore make Jews, Christians and Muslims brothers/sisters? 99% of those from the Abrahamic faith would answer “No!” They will argue that Jews, Christians and Muslims are enemies of one another. This is not surprising considering that Jews, Christians and Muslims are enemies amongst themselves, what more inter-religion.

Sacrifice and jihad come together. They cannot be separated. They are like Siamese twins where two bodies share one internal organ. And I am not talking about the jihad of fighting the Russian army in Afghanistan. That is the Small Jihad. I am talking about the Greater Jihad. I am talking about the Great War. I am talking about the war you wage against yourself.

Jihad is the war you wage against temptation, lust, jealousy, greed, envy, vanity and egoism -- just to mention but seven of the many ills afflicting humankind. “Get thee behind me Satan,” say the Christians. And Muslims too believe that Satan has made a deal with God to tempt humankind and lead him astray. The Christians and Muslims actually believe the same thing in many things.

When we talk about lust it is not just about sexual lust. Lust for power and wealth are in fact more dangerous than sexual lust. When you lust for power and wealth you will stop at nothing to get them and this is what makes humankind most immoral. When you are envious about the success of others and you too want the power and wealth that others have this too makes you immoral. When you are vain and have a huge ego and think that you too deserve power and wealth the immoral streak in you takes over.

Can you see how temptation, lust, jealousy, greed, envy, vanity and egoism come as a package? Normally, when have one, then you have all seven. And the Greater Jihad is the fight against the ‘seven deadly sins’? These seven are all within us. It is something that lurks in our hearts. And fighting it is harder than fighting the Russian army in Afghanistan.

"The need to sacrifice, which is a blessing from God, is not only a matter of faith but also in our tasks undertaken," said Najib. I agree and I welcome that statement from Najib. But ‘sacrifice’ is more than just about slaughtering a poor cow and eating its meat afterwards. It is bigger than that. Sacrifice is about embarking on the Greater Jihad to shut out the feelings of temptation, lust, jealousy, greed, envy, vanity and egoism. If you can’t do this then you have sacrificed nothing, other than an unfortunate cow.

Is Najib prepared to sacrifice power and position? Is he prepared to give up his post as Deputy Prime Minister and reject the post of Prime Minister that he is expected to take in March 2009? That is the real sacrifice and is what sacrifice is all about. That is the Greater Jihad, the Jihad of sacrifice -- the rejection of temptation, lust, jealousy, greed, envy, vanity and egoism. But all we have seen thus far is the sacrifice of cows. You did not sacrifice anything. It was the cow that sacrificed its life, albeit reluctantly since it had no choice in the matter.

I love talking about Jihad and sacrifice. It is my favourite subject. But many who also talk about it do not understand its concept. It is not about killing cows to eat its meat. It is not about fighting the Russians in Afghanistan. It is about you telling Satan, “Get behind me.” I know there are many Satans already standing behind Najib, waiting for him to take over as Prime Minister. But this is not quite what I mean. These Satans standing behind Najib are waiting to rip off what is left of our country come March 2009 when Najib takes over as Prime Minister.

In conferring award, a message from the Sultan

KUALA LUMPUR, Dec 11 — Sultan Sharafuddin Idris Shah, the Sultan of Selangor, has made an implicit endorsement of the recent appointment of Low Siew Moi as acting general manager of the state economic development corporation (PKNS), by awarding her a Datukship.

Low, whose appointment on Nov 1 sparked controversy following protests from politicians and other groups who argued a Malay should have been given the post, was one of just 20 people awarded Datukships on the occasion of the Sultan's birthday today.

By awarding her the Datukship, the controversy is likely to be put to rest as few groups would like to be seen to be challenging the appointment of someone who has just been awarded a state title.

Low, a 35-year veteran in PKNS, was awarded the Datuk Sultan Sharafuddin Idris Shah (DSIS) (Second Class) award.

She had been appointed to the post of acting general manager on a one-year contract by Selangor Menteri Besar Tan Sri Khalid Ibrahim, who said a suitable Bumiputera replacement would be selected eventually to be her understudy.

It is understood that Low's appointment is part of efforts by the Pakatan Rakyat state government to revamp operations at the state agency, which is facing huge losses.

But Low's appointment as acting PKNS general manager drew objections from various quarters, including six PKNS unions, which claimed that it did not fulfil the aspirations of the establishment of PKNS which was to upgrade the socio-economic status of Bumiputeras.

Khalid remained adamant that Low would be the PKNS acting general manager until November 2009.

He argued the appointment of one non-Malay would not erode the rights of the Malays.

The controversy came as the volume of debate grew over race relations issues.

It also came amid the backdrop of unhappiness among some Malay nationalist groups who felt non-Malay communities were beginning to challenge and question Malay rights.

But the Selangor Sultan and some of the other Malay Rulers have made concerted efforts recently to step in and diffuse any racial rows.

In recent interviews, the Sultan has assured both the Malays and non-Malays that their rights were protected.

He has also refused to take the bait of appearing to supporting any group or political party. The Sultan has expressed unhappiness with politicians for exploiting race.

Human rights: what's stopping Malaysia?

The Nut Graph

by Elizabeth Looi and Shanon Shah

“MALAYSIA has only signed two out of the eight core international human rights treaties,” says Alice Nah, National Human Rights Society (Hakam) executive committee member.

“As time goes on, however, Malaysia's reluctance to sign these treaties will become more untenable, particularly if it wants to be a recognised and respected member of the United Nations (UN),” she tells The Nut Graph in an e-mail interview.

Considering the spate of state-led crackdowns on public assemblies, and detentions of activists and opposition politicians under the Internal Security Act (ISA) in recent months, Malaysia seems miles away from this particular goal.

The 60th anniversary of the Universal Declaration of Human Rights (UDHR) is marked on 10 Dec 2008. The UDHR was adopted by the UN General Assembly in1948 in France. While not legally binding, it is considered a moral obligation for signatories to honour its principles. And this is also why 10 Dec is now internationally recognised as Human Rights Day.

What is legally enforceable is the series of eight UN treaties referred to by Nah that were subsequently derived from the UDHR.

Of the eight treaties that have entered into force, Malaysia has only ratified Cedaw and the CRC — both acceded in 1995 — and with reservations. Malaysia has signed but not ratified the Convention on the Rights of Persons with Disabilities.

What's stopping Malaysia?

Why is Malaysia so reluctant to ratify the rest of the UN treaties? Tan Sri Simon Sipaun, Human Rights Commission of Malaysia (Suhakam) vice-chairperson, says the commission has recommended for the government to ratify the treaties on economic, social and cultural rights, and on civil and political rights but there has been no positive response so far.

“I imagine that the government must have its own reasons for not ratifying them at the moment. Possibly one of the important factors which [the] government has to consider before deciding is associated with the (bumiputera) affirmative policy which could be interpreted at the UN level as discriminatory,” he tells The Nut Graph.

Another Suhakam commissioner, Datuk Dr Denison Jayasooria, elaborates: “The continued reliance on legislation which violates fundamental liberties such as the ISA on preventive detention, the Official Secrets Act and the Printing Presses and Publications Act on freedom of expression makes it difficult for Malaysia to ratify the UN bill of rights.”

Denison cites other laws such as the Police Act which restricts public assemblies, and the Universities and University Colleges Act that control university students' articulation of alternative views.

Hakam's Nah explains: “The human rights treaties specify what states can and cannot do to people — they are legally binding. Perhaps Malaysia is afraid of making such commitments.”

Suaram executive director Yap Swee Seng acknowledges that Suhakam has been trying to get the Malaysian government to ratify these treaties, but without any luck. He tells The Nut Graph, “The common excuse by the government is that we need to change our domestic laws so that they are compatible with these treaties before we ratify them. The NGOs, of course, consider this a lame excuse.”

At the heart of the problem is perhaps Suhakam's status as a national human rights body. Although it was established by Parliament under the Human Rights Commission of Malaysia Act 1999, Suhakam's mandate is to investigate human rights abuses. But it can merely advise the Malaysian government, nothing more.

By comparison, the mandate for the National Human Rights Council of Korea includes “other matters deemed necessary to protect and promote human rights”. This allows the Korean commission, among others, to file its opinions on human rights issues with the courts.

Even so, the Korean commission's independence has recently come under threat by the South Korean government. Additionally, all is not lost with Suhakam — it has a wide mandate to inculcate human rights awareness and education, even in government schools.

Holding accountable

The UN treaty system is not without its criticisms. The first is that it is extremely bureaucratic. Apart from the different treaties, there is also currently a Human Rights Council, which in 2006 superseded the Commission on Human Rights.

The current council also has a separate mechanism called the special procedures to address either specific country situations or thematic human rights considerations around the world. The bureaucratic morass is made worse by the fact that the UN is an inter-governmental organisation. In other words, governments can spend an inordinate amount of time wrangling over even the tiniest of details in a particular declaration or convention.

For example, the Vatican and the US under Bush have consistently blocked attempts to include the right to abortion in any UN effort to defend sexual and reproductive rights. A block of Muslim countries, often led by Malaysia, has also consistently opposed the UN's efforts to protect the basic rights of lesbians, gays, bisexuals, and transsexuals. Many Muslim countries prefer the Cairo Declaration on Human Rights in Islam, which is not legally binding.

These criticisms notwithstanding, Nah says that the UN treaties would still be important instruments in holding the Malaysian government accountable to its human rights track record.

“As with any human process, there are faults in the UN system, but these faults can be overcome if there is political will.”

She notes that the Malaysian government will need to report to the UN's Universal Periodic Review of its human rights track record in February 2009. This is basically Malaysia's human rights report card from the UN. Continuous poor performance will be embarrassing.

Civil society activist and DAP Member of Parliament (MP) for Klang, Charles Santiago, says it's imperative for Malaysia to sign all the UN human rights treaties.

“We need to force political parties to take a position on UN treaties. It is also important to ensure that in policy-making, rights must become part and parcel of the process. MPs must be familiar with this as well,” Santiago tells The Nut Graph in a phone interview.

According to Santiago, framing the right to development, water or housing ensures an enabling environment that helps all poor people, regardless of race and religion.

At the moment, however, Suaram's Yap says that there needs to be more awareness. “Ratifying treaties is still a pretty new concept to a lot of people. People might not know what these treaties are and what the benefits are of ratifying them.”

Nevertheless, Yap remains hopeful about growing public awareness and its impact on political leaders.

“I think with the [current] political changes, there is much more room for human rights work. [After] the past 10 to 20 years, people are now more aware of human rights. [This] is an important foundation [for] progress. So I am quite optimistic about our human rights prospects.”

Hill-slope projects: Contrasting positions of S’gor and Pg

Compare and contrast the Selangor and Penang governments’ contrasting stands on hill-slope development. Both of them are under Pakatan rule, but look at the difference in their positions. You tell me which sounds more principled…

The Penang government’s position from the Malaysian Insider:

KUALA LUMPUR, Dec 10 — Penang’s Chief Minister wants the federal government to set up a geotechnical engineering unit under the Public Works Department to ensure the safety of all hillside developments.

In light of the latest landslide incident in Bukit Antarabangsa which killed four people, Lim Guan Eng said Malaysia should learn from the painful experience and emulate Hong Kong, where 80 per cent of the buildings sit on slopes.

Says one long-time Penang resident:

A good reflection of where this DAP government stands with regard to hill-slope development. Very business friendly….

Lim Guan Eng knows full well that the Federal Govt will NOT implement such a suggestion. But he makes it anyway so he looks good, like he cares but in effect, he does not. Because, if he really cared (for public safety), instead of taking care of business interests, he would have called for a full moratorium or stop on hill development in Penang.

This perception is by no means an isolated one among those concerned about the environment in Penang. The following is a comment from another long-time resident of Penang, a foreigner who “is saddened by the destruction of Penang’s once beautiful north coast, where Moonlight Bay has become ‘Moonscape Bay’ and a disaster waiting to happen.”

I never thought I would see it but awareness and sentiment finally seem to be moving against the madness of clearing and building on dangerous hill slopes. It is a pity though that Penang is still far behind Selangor in taking the necessary measures to prevent further tragedy and environmental degradation. Selangor Exco member Elizabeth Wong’s article “Bitter vindication” in theSun 10 December p.16 should be read and disseminated widely. The issue really is one of putting “people” ahead of “profits.”

This is theSun report he was referring to:

Bitter vindication
by Elizabeth Wong

ONE of the earliest policy decisions by the Pakatan Rakyat Selangor government was to throw out any housing and building applications for Class 3 and Class 4 hillslopes to preserve environmentally sensitive areas and prevent landslides. This was decided at an executive council meeting on April 2.

Selangor became the first state in the federation to have complied with the Federal Town and Country Planning Department’s Total Planning Guidelines 1997 (2nd edition, 2001) which states that no housing development should be allowed on slopes with 25° and above gradients.

Developers thought it was a late April Fool’s joke. Since our ban, they have used all means – the media, blogs, lobbying by state reps and MPs etc to change our minds. We were vilified as “anti-business” and “anti-development”. I have even had some of our Pakatan MPs asking us to make exceptions for Class 3 slopes.

I was told they particularly disliked me and called me “lan-si” (arrogant) just because during a public meeting of developers, NGOs, residents and the exco, one of the key developers questioned how the state government could stop hillslope development, and I answered, “Because we can…” And none were too happy when I had to repeatedly wave the Total Planning Guidelines book at them.

And every couple of months, we have had to repeat our policy decision. Even as recent as last month, developers were insisting that they had the right to develop hill slopes and some had told a couple of exco members that they were planning to sue us. One of them said we would have to compensate them RM330 million (25% of our state budget) for possible loss of profits. Imagine the pressure of a lobby group whose combined income and assets dwarfs the state government!

Saturday’s tragedy proves the correctness of the decision of the state government. But vindication which comes after the loss of four lives and more homes is unspeakably bitter. There are some 5,000 residents living in the vicinity of the Bukit Antarabangsa landslide who face uncertainty and may have to vacate their homes.

We ask that developers stop pursuing and pressuring us to review our policy, and instead thoroughly go through every single technicality of their existing hillslope projects.

While Ikram and the Public Works Department are responsible for pinpointing the cause of the tragedy, the state government will immediately review all approved hillslope projects by the previous administration, whether standing or partially built.

Those where there is no construction yet but approved before March 8 should not be allowed to proceed, especially along the same range of Bukit Antarabangsa and Hulu Kelang – which should include Taman Hijau and Bukit Melawati.

We had come too late. Many of the hillslope projects have been standing for a number of years, some were half completed when we came into power. Without proper maintenance of slopes and drainage on these private lands, tragedy will strike after many years, always after the period of indemnity is over. Those areas shown to be prone to landslides such as in Hulu Kelang, where the Public Works Department had flashed its red card in 2005, more stringent conditions will be imposed on existing projects.

All developers and private land owners have to protect and reinforce their own hillslopes if they want to continue to prosper, own property and do business in Selangor. We recently received complaints from Ampang, Kajang, Cheras and Pandan where private landowners and developers have neglected to protect hillslopes and there are already signs of wear and tear. Some have used plastic sheets and some said they were bankrupt and don’t have the funds to repair their slopes. Whatever. If they do not do the necessary, we will blacklist them.

We ask that “people” be put ahead of “profits”.

We are heartened that finally, after eight months of battling the housing industry, the federal government has come to our side to give Selangor, both the moral and policy support it needs, with both the prime minister and deputy prime minister calling for all hillslope development permits to be cancelled.

We can only hope the federal government doesn’t forget Dec 6, 2008 - like what had happened to Highland Towers (1993); Taman Hillview (2002) and Kg Pasir (2006) - which was less than a kilometre from Saturday’s landslide. Lest the lives lost would be in vain.

The writer is assemblywoman for Bukit Lanjan and state executive councillor in charge of the environment. Comment: letters@thesundaily.com

Shaping Policy

I have said elsewhere that decisions of the Federal Court do not only determine the issues in the particular case the court decides on. Being the apex court and empowered to only hear appeals that involve questions of novelty or public importance, decisions of the court in many ways define the policy of the law. These decisions set precedents and are binding on all other courts.

In an ideal context – in which decisions are made impartially, correctly and with regard to all relevant considerations – this is a good thing. Decisions of the apex court would guide the administration of the law so as to ensure uniformity of decision making by the High Court and the Court of Appeal. This would allow for certainty in the law, a vital feature of a functioning system of law.

It follows then that in less than ideal situations, where decisions are made incorrectly or by reference to considerations that are not relevant to the issues being adjudicated, decisions of the apex court become problematic for setting bad precedents. As a lawyer, I have seen how judges struggle with getting around these bad decisions in attempting to do justice.

These less than ideal decisions are particularly problematic where they involve matters of governance, either at the level of government or lower down the chain of administration. Decisions of the apex court here would not only define the policy of the law, they would also shape administrative policy. In most cases involving the government or other administrative bodies, it is more usual that these entities would have been sued for alleged wrongdoing. By upholding or dismissing claims, the apex court would be setting down parameters and sending signals, one way or the other, to these entities.

Put another way, bad or shortsighted decision-making could, and most probably would, result in bad administrative policy.

It is my respectful view that the decision of the Federal Court in the Highland Towers case (MPAJ v Steven Phoa [2006]) is a problematic decision for having immunized the State Government and local authorities from liability. It must be recalled that in its said decision, the Federal Court found that the MPAJ was not liable for its negligent acts or omissions for being protected under the Street, Drainage and Building Act (s.95(2)). In so concluding, the Federal Court had effectively told the MPAJ, and other administrative bodies protected under that provision or provisions similar to it, that they could act with impunity. One can only imagine how this has shaped attitudes of local councils throughout the nation.

There are two ways that the decision could be considered. The first is supportive of the decision for the court having applied the law as written. After all, the section does provide “…shall not be subject to any action, claim, liability or demand whatsoever…” and courts cannot rewrite the law.

The second is not supportive. Though the Court is obliged to apply the law, it is nonetheless obliged to apply it purposively with due regard to the intention of legislature. It cannot have been the intention of legislature to immunize all actions or inactions. The provision was obviously aimed at protecting the parties identified for acting (or not acting) within the scope of what could be reasonably expected of such parties, seen in the phrase “..in accordance with the Act..”. There are situations, such as where the parties have acted in bad faith or in a manner not countenanced by the law, that legislature could not reasonably have intended to give immunity for.

I favour the second view not because my sense of social justice is appeased by it but because that view is more consistent with the guarantee of access to justice and equality before the law under the Constitution. These are features of the core of the Rule of Law; no person is above the law. This approach is also consistent with jurisprudence across the common law world on the subject. Significantly, the Court of Appeal in the Highland Towers case took the view that the MPAJ was not immunized from liability.

There are very real and practical implications of the decision of the Federal Court. Consider its impact on the state of affairs in Bukit Antarabanga. Going by the said decision, individuals who have lost everything have no recourse even if it could be shown that the local council acted with complete disregard to their interests. That cannot be right.

The decision in Highland Towers appeared to have triggered the start of a trend of protectionist decision making on the part of the court. In October this year, the apex court held in Government of Malaysia & 3 Others v Lay Kee Tee & 183 Others that such provisions rendered parties concerned immune from suit as a consequence of which such claims could be struck out without going to trial. The claimants there were denied their day in court unlike the claimants in Highland Towers.

The court in Lay Kee Tee raised another barrier to claims against governments by laying down a pre-condition to actions against governments (State or Federal) as follows: if one wants to sue the government for wrongs done by an agent of the government, then one must not only identify the agent, one must also make the agent a party (or defendant) to the action failing which the claim is struck off without going to trial. The court came to this conclusion through an interpretation of the relevant legislative provisions (Government Proceedings Act) that runs counter to established practice through the years both in the country and elsewhere in the common law world.

One sues the government for what is called vicarious liability. The Government not being a person, it cannot act other than through its agents. In law, where an agent is negligent, his principal is vicariously liable. There has never been any need to sue the agent in order to make the principal liable. One had merely to establish the wrongdoing of the agent to make the Government liable.

All that changed with the decision in Lay Kee Tee, which drastically changed the ground rules. Consider a situation like that in a pending action against the police and the government for inaction on the part of the police during the Kampung Medan riots. The claimant there claims that police officers stood by while he was being attacked. He now has to identify the police officers he says did not take steps and make them parties. How he does that is anyone’s guess especially since the police force is not about the volunteer the identities of those involved (this is fair considering that the burden of proof is on the claimant). Suing the government has always been difficult; it has become virtually impossible.

These decisions and others that have been too accommodating of unfettered discretion on the part of the authorities are worrying as they signal an unduly narrow view of fundamental liberties. They also indicate a misapprehension on the part of the Judiciary as to its roles. The institution is not intended to blindly apply the law; it must infuse the law with those elements that mark this nation as a democracy founded on the Rule of Law.

Citizens must be allowed to seek redress for wrongs done to them by the State of its agencies; their right to do so cannot be rendered illusory. As emphasized above, his is not just a matter of one person’s wrongs being addressed and compensation. The decisions handed down have shaped policy and attitudes. If public officers are allowed to feel that they are beyond the reach of the law as they have been, they will act as they please and not necessarily in the way they are expected.

The Federal Court must appreciate more fully that its decisions are not handed down in vacuum. They shape society, sometimes drastically.

Malik Imtiaz Sarwar

PPP: Terlajak perahu boleh diundur..

Perhatian kini bertumpu kepada Parti Progresif Rakyat (PPP) setelah pucuk pimpinan Barisan Nasional tidak peduli pada ‘ gertak’ presiden parti itu Datuk M Kayveas nak keluar jika kerajaan tidak membuat sebarang pindaan yang bersesuaian terhadap ISA sebelum pilihan raya umum Ke-13.

Ini adalah kali pertama BN bersikap tegas terhadap parti gabungannya yang cuba buat perangai selepas ia berdepan dengan tsunami politik para pilihanraya umum Mac lalu.

Kalangan para pemerhati politik tidak terkejut dengan kenyataan bersahaja Pengerusi BN Datuk Seri Abdullah Ahmad Badawi selepas mempengerusikan mesyuarat Dewan Tertinggi BN Selasa menyerahkan kepada PPP memilih jalannya sendiri jika tidak setuju dengan ISA.

Para pimpinan UMNO dikatakan sudah muak dengan tindak tanduk kalangan parti komponen yang cuba membuat berbagai tuntutan keterlaluan kerana mengandaikan parti yang menjadi tunjang BN itu sudah lemah akibat badai tsunami pilihanraya umum lalu.

Mereka dikatakan merasakan jika BN tidak bertindak tegas pada tindak tanduk parti komponen seperti ini berbagai isu dan tuntutan lain yang tidak ada penghujungnya akan terus berbangkit dari masa ke semasa.

Lagipun UMNO sebagai sebuah parti sebenarnya tidak mengalami pukulan seteruk parti-parti komponen BN lain iaitu MCA,MIC,Gerakan dan PPP semasa pilihanraya umum lalu.Sebaliknya mereka cuba menuding jari kearah UMNO untuk menutup kelemahan masing-masing.

PPP sendiri kini tidak mempunyai sebarang kerusi di Parlimen dan Dewan Undangan Negeri.Kayveas sendiri tewas di kerusi parlimen Taiping yang dimenanginya semasa pilihanraya umum 2004.

Apakah Kayveas sedia berpegang kepada kata-katanya dengan mengucapkan selamat tinggal kepada BN ?

Ibarat kata ' terlajak perahu boleh diundur...terlajak kata buruk padahnya".

Juga bagaimana pendirian kalangan pimpinan PPP yang lain dalam isu yang besar ini?

Rabu sekurang-kurangnya sudah terdengar ada suara yang mempersoalkan Kayveas.

Penasihat PPP, S.I. Rajah menegaskan kenyataan yang dibuat oleh Kayveas mengenai ISA merasmikan persidangan Perwakilan Pemuda dan Wanita PPP akhir bulan lalu merupakan pandangan peribadinya.

Katanya Presiden PPP itu sepatutnya mendapatkan persetujuan para ahli akar umbi parti itu terlebih dahulu sebelum membuat kenyataan seumpama itu.

Menariknya Rajah menegaskan PPP tidak akan keluar daripada Barisan Nasional (BN) sebaliknya mencadangkan Kayveas meletakkan jawatan.

“Sebagai penasihat parti dan bekas senator, saya telah bertemu dengan Pengerusi BN, Datuk Seri Abdullah Ahmad Badawi dan Setiausaha Agung BN, Datuk Seri Tengku Adnan Tengku Mansor di Parlimen pagi ini dan memberikan jaminan PPP tidak akan meninggalkan BN,” katanya dalam satu kenyataan.

Sementara itu difahamkan Kayveas yang kini berada di Amerika telah mengarahkan pimpinan PPP mengadakan satu mesyuarat khas hari ini (Khamis) untuk membincangkan mengenai kedudukan parti itu dalam BN.

Seorang pemimpin kanan parti itu telah dipetik sebagai berkata mereka akan mengeluarkan satu kenyataan selepas mesyuarat berkenaan

HINDRAF MEETING IN UK

HINDRAF(UK) MEETING

DATE : 9th DECEMBER 2008 (TUESDAY)

TIME : 6.30 PM

VENUE: PORTSMAN ROOM
THE LEONARD HOTEL
15 SEYMOUR STREET W1H 7JW
MARBLE ARCH LONDON

A meeting to discuss Malaysian Minority Rights and Indian marginalisation issues with prominent representatives from USA and Malaysian Independent bodies & proposals for HINDRAF's future action plans.

Key Speakers : Ms Ishani Chaudry Director of Public Policy studies HAF USA
: Ms Tricia Yeoh Director for Public Policy Studies Malaysia
: Mr.K.Kabilan Senior Editor Malaysiakini
: Mr.Eddin Khoo Senior Journalist ABC (Australia)
: Mr.P.Waytha Moorthy Human Rights Advocate Malaysia

Please make every efford to attend and contribute to HINDRAF action plans for 2009.

Confirm by email to waytha@hotmail. com or Samy 07852 468011


T.Rajah
Chairman
HINDRAF LONDON

Gov plans new commission on police, enforcement agencies

By Shannon Teoh

KUALA LUMPUR(Themalaysianinsider), Dec 10 — The government will set up an Enforcement Agencies Integrity Commission next year as part of reforms to the police and other agencies with enforcement powers.

Besides the police, the new commission, expected to be known by its Malay acronym Siap (Suruhanjaya Integriti Agensi Penguatkuasa), will have jurisdiction over Customs, Immigration and other agencies with public enforcement powers.

The commission will set out procedures and guidelines on how enforcement is to be conducted, as well as investigate complaints of misconduct and abuse of power.

An aide to the Prime Minister told The Malaysian Insider today that a bill will be tabled in Parliament next year and forms the final package of Datuk Seri Abdullah Badawi’s reforms he intends to complete before leaving office.

Abdullah tabled two bills today for the formation of the Malaysian Anti-Corruption Commission (MACC) and the Judicial Appointments Commission (JAC).

The new commission appears to be an enhanced version of the aborted Special Complaints Commission to deal with complaints of misconduct and abuse of power against the police.

In 2005, the Royal Commission to Enhance the Operation and Management of the Royal Malaysian Police had recommended the establishment of the Independent Police Complaints and Misconduct Commission.

In 2007, the government instead tabled a bill to form a Special Complaints Commission which would have both the Inspector General of Police and the Director-General of the Anti-Corruption Agency as automatic members.

This bill was withdrawn amid heavy criticism and was due to be retabled early this year, but Parliament was dissolved ahead of the March 8 general elections.

A new bill to set up the new commission on enforcement agencies is likely to be tabled in Parliament at the beginning of 2009.

“You can call it a revised version of the police commission,” the aide to the PM said.

The Malaysian Insider was told that in principle, the proposed commission has been accepted by the relevant parties, including the Attorney General Tan Sri Abdul Gani Patail and Inspector General of Police Tan Sri Musa Hassan.

Some finer details are still being finalised.

Speaking to the press in Parliament today, the Prime Minister said he hoped the MACC and JAC bills would be passed by the end of the current sitting of Parliament on Dec 18.

“Well, I hope to,” he said at a press conference after tabling the bills at 11.40am this morning.

“If we are serious and not rambling, because you can debate for a month and not finish, but if we are focused and just stick to what is necessary, not meandering, I think we can get it passed by end of the year,” he added.

However, he said that it was up to the Speaker to decide how much time will be allocated to debate the second and third readings required to pass a bill.

“Various parties will have their own views and stand, but what is important is that the approach and negotiations have already been done with various parties. Views have been taken into account to table this bill. It is not a compromise but an approach that is acceptable by all,” he added.

Abdullah said that these bills were important to address the untoward perception on Malaysia’s level of corruption and judicial integrity.

He also reiterated that he was acting on promises made during the 2004 general election to bring reform to institutions in the country.

“I do not want to talk about legacy. It is what should be done. I should have done it in the past four years but a lot of other things got in the way. I shall work until the last second I am PM,” he said.

He also denied reports that certain BN MPs were not happy with the formation of the JAC.

Police Detain 50 Jerit Members For Investigation

(Bernama) Sungai Siput police today detained 50 members of the Oppressed People Network (Jerit) who were riding bicycles from Kuala Kangsar to the city, here, and recorded their statements.

A police spokesman said the group, aged between 13 and 16 who were yesterday detained and released in Kuala Kangsar, were stopped at two roadblocks in Sungai Siput and Kanthan and were later released after their statements were recorded.

Wearing red tee-shirts, the group were detained for normal checks just like the other road users, he said when contacted today.

The same group had been detained at a roadblock at the Kuala Kangsar Toll Plaza at about 12.30pm yesterday as they were alleged to have refused to cooperate with the police when they were questioned.

In the incident yesterday, the Member of Parliament for Sungai Siput, Dr S. Jeyakumar who was in another car, was also detained and taken to the Kuala Kangsar Police Headquarters to have his statement recorded before being released on police bail, he said.

Meanwhile, Jerit coordinator K.Kunasekaran, 44, said the programme formed part of a campaign to send a memorandum to Prime Minister Datuk Seri Abdullah Ahmad Badawi on Dec 18.

"If our group is harassed at every police roadblock, it will certainly delay our journey to our destination," he said.

Since the group started its cycling expedition from Perlis to Perak, it had passed through nine police roadblocks aimed at asking the members to furnish their identity cards, he said.

Kunasekaran said the Jerit members would cycle from Sungai Siput to Ipoh tomorrow to meet with Perak Menteri Besar Datuk Seri Mohamamad Nizar Jamaluddin and hand over a memorandum.

Kayveas Tunggu Apa Lagi...

UGUTAN berasas Presiden Parti Progresif Rakyat (PPP) M Kyveas untuk keluar dari BN jika Akta Keselamtan Dalam Negeri (ISA) tidak dilakukan pindaan mana-mana yang perlu nampaknya tidak dilayani oleh Pengerusi BN, Abdullah Ahmad Badawi. Sebaliknya Abdullah menyerahkan kepada Kyveas samaada hendak keluar BN atau tidak.

"Terserah kepada PPP jika pemimpinnya mahu berbuat demikian (meninggalkan BN)," begitulah kata Abdullah. Kata-kata itu boleh difahamkan sebagai Abdullah sudah menghalau Kyveas dari BN. Mungkin beliau tidak ada masa untuk melayan tuntutan-tuntutan begitu kerana beliau sendiri pun sudah berada di penghujung waktu.

Kyveas (foto) baru-baru ini membayangkan partinya akan keluar dari BN sekiranya kerajaan tidak pinda akta berkenaan. Menurutnya ISA perlu dipinda pada tempat-tempat tertentu mengikut kesesuaiannya. Permintaan Kyveas itu lebih lunak sedikit berbanding dengan tuntutan pembangkang yang mahu akta berkenaan dihapuskan terus kerana ianya dianggap zalim dan kejam.

Nah.. sekarang ini apa yang Kyveas hendak fikirkan lagi. Perahu sudah di air dan dayung sudah ditangan. Ugutan beliau tidak dipedulikan oleh kerajaan. Penjelasan dibuat Abdullah selepas mesyurat Dewan Tertinggi BN semalam itu sudah jelas mengenai layanan kepada PPP itu.

Begitulah nasib parti kecil dalam gobok bernama BN ianya dilayan mengikut sejauh mana suara yang ada tanpa melihat kepada keperluan dan kepentingan isu yang dibangkitkan. Jadi kalau parti kecil seperti PPP hendak memperjuangkan sesuatu untuk rakyat dalam BN, ibarat kata samalah seperti lagak anjing yang menyalak bukit.

Persoalan kini selepas permintaan dan syarat dikenakan Kyveas itu tidak dilayan, apakah Presiden PPP itu akan mencari hujah dan alasan lain pula untuk terus kekal dalam BN? Kyveas terkenal sebagai seorang yang berani dan berterus terang. Sebelum ini pun macam-macam kenyataan yang beliau lakukan.

Kalau beliau tiba-tiba berpandangan lain dan mencari hujah baru bagi terus kekalkan dalam BN nampak sangatlah Kyveas bermain politik untuk dirinya sendiri dan gesaan itu bukan bertolak dari hati dan dasar perjuangan sebenarnya. Jika beliau tidak tunaikan apa yang dikatakan itu sedikit sebanyak maruahnya sebagai ahli politik terhakis.

Sekiranya Kyveas hendak bertindak, keluar dari BN dan memulakan perjuangan baru inilah ketika dan masanya. Kyveas tentu juga menyedari akan kedudukan dan suasana dalam BN kini. Komponen itu dalam keadaan lemah dan terumbang ambing. Mereka yang menyuarakan rasa tidak senang kepada BN bukan saja PPP tetapi parti lain juga termasuk MCA dan Gerakan.

Jadi untuk dilihat sebagai pemimpin yang berpandangan jauh elok sangatlah kalau Kyveas mengotakan kata-katanya itu - bawa PPP keluar BN. Pada hemat saya mungkin Kyveas pun tahu yang tuntutan beliau itu tidak akan dilayani. Cuma kenapa beliau membuat syarat itu mungkin dia sudah ada perancangan lain dan memikirkan masa depan partinya.

Kalau Kyveas benar-benar ingin membawa PPP keluar BN, nah masanya ketika inilah. Kyveas boleh buktikan kehebatan partinya. Selama ini PPP dilayan sebagai hendak tidak hendak saja dalam BN. Parti itu hanya mendapat peruntukan satu kerusi saja dalam pilihan raya lalu.

Apa kata menjelang pilihan raya kecil Parlimen Kuala Terengganu pada 6 Januari nanti Kyveas membuat pengistyharan PPP keluar BN dan menunjukkan komitmen pertamanya dengan Pakatan Rakyat pada hari pernamaan calon. Kyveas boleh gunakan pilihan raya itu sebagai testimoni samada partinya tidak berpengaruh atau sebaliknya.

Dan saya percaya kalau Kyveas bergabung dengan Pakatan Rakyat ianya diberikan kedudukan yang lebih baik daripada apa yang yang diterima semasa berada dalam BN. Yang pastinya jumlah kerusi untuk PPP dalam pilihan raya tentulah bukan satu seperti dilakukan BN ke atasnya sebelum ini.

Adalah elok sangat elok kalau Kyveas membuat keputusan untuk keluar BN pada saat ini. [wm.kl 10:00 am 10/12/08]

Suspected JI terrorists released from ISA

The Star

KUALA LUMPUR: Suspected Jemaah Islamiah terrorist Yazid Sufaat, who allegedly housed several terrorists involved in the September 2001 attacks on the United States, has been freed from under the Internal Security Act.

Inspector General of Police Tan Sri Musa Hassan said Yazid, 44, was released together with another Malaysian on Nov 24.

“We released him as he had shown remorse and repentance after almost seven years of rehabilitation.

“He was released on several conditions. He has to report to the police regularly and cannot leave Selangor without police permission.

“Our officers will also be monitoring him as well as several others who have been released over the past years to ensure they do not go back to their old ways,’’ he said.

It is learnt that the government had over the past year released 17 suspected JI members including eight Indonesians.

Yazid, a biochemistry graduate from a university in the US who was detained in Jan 2002, is said to have allowed his home to be used in early 2000 as a meeting place for al-Qaeda members planning the Sept 11, 2001 attacks in the United States.

Two of the men were identified as Khalid al-Midhar and Nawaf al-Hazmi, who were aboard the plane which crashed into the Pentagon in Washington.

The former militrary officer had also been implicated in the 2000 Christmas Eve bombings in Medan.

He was also questioned by US investigators in November 2002 over his connection with French citizen Zacarias Moussaoui.

Yazid’s wife, Sejahtul Dursina @ Chomel Mohamad, an IT company director in Ampang, was also detained under the ISA.

The California State University graduate who was nabbed on April 17, 2002, but released on June 13 in 2002.

Ka Chuan - don’t be a second Samy Vellu

The Bukit Antarabangsa landslide disaster on Saturday, 6th December 2008, claiming five lives and dislocating 5,000 people after destroying 14 bungalows, is sheer criminal negligence after the Highland Towers tragedy 15 years ago on Friday, 11th December 1993.

It is sad and shocking testimony that the 48 who died in the Highland Towers tragedy 15 years ago had died in vain as the lessons had not been learnt by the relevant government authorities and parties.

The Prime Minister, Datuk Seri Abdullah Ahmad Badawi blamed developers and buyers when he lamented:

“Malaysians never want to learn from past experiences. They want good views while developers only seek to profit; but no one takes safety and soil stability into consideration”.

Conspicuously absent from Abdullah’s blame list are the various government agencies and authorities who should be even more culpable in giving approvals or closing an eye to dangerous hillside developments and in totally ignoring the lessons of the Highland Towers tragedy 15 years ago.

Subconsciously admitting that it was indefensible to exonerate the government from responsibility for the criminal negligence resulting in the Bukit Antarabangsa disaster, Information Minister Datuk Ahmad Shabery Cheek complained that it was not fair to slam the Government for failing to act every time a disaster happens.

“It is unfair to say the Government did not act. We cannot put the blame on just one authority. After all, you need two to tango, but this time there are three – the government, the developers and buyers.”

But the real unfairness is the government’s shirking of responsibility, and this was why when the Ampang Jaya Municipal Council Inquiry Report into the Highland Tower Tragedy was made public in June 1994, putting the blame solely on the developer, the Highland Towers victims were incensed at the exoneration of responsibility by the various government authorities, in particular the Ampang Jaya Municipal Council.

I am shocked that the Housing and Local Government Minister, Datuk Seri Ong Ka Chuan, who had been missing for the past four days of the disaster, has surfaced today to rule out human negligence as the cause of the Bukit Antarabangsa landslide disaster and to declare natural causes as the probable factor.

Ong should not be a second Samy Vellu with excuses of “acts of God”.

This attitude of government immunity and impunity for sheer criminal negligence has continued unchanged in the past 15 years from the Highland Towers Tragedy to the Bukit Antarabangsa disaster, and will ensure not only the 48 who died 15 years but the five who perished last Saturday would have died in vain as nothing would have been learnt from these man-made disasters with future hillslope disasters waiting to happen with more victims.

No wonder, Dr. Benjamin George, who survived the Highlands Tower disaster, was not convinced that things would get better when he said: “In three months, the tractors will start work again. I have survived long enough to see all this nonsense repeated.”

Affected Bukit Antarabangsa residents are entitled to ask why several tell-tale signs of impending landslides days and even weeks before Saturday’s landslide disaster had not been acted upon by the authorities to issue landslide warnings, especially as a geological firm had been awarded a RM1.6 million contract to “solely monitor the geological conditions” in Bukit Antarabangsa area, including earth movements.

Residents refer to a landslide which cut off a portion of the Jalan Bukit Antarabangsa main road just six days earlier, while a landslide victim, businessman Hassan Saad, 49, claimed that he had notified the relevant authorities about fallen trees and earth movements close to his home in Taman Bukit Mewah in October but his complaints were not taken seriously by the Ampang Jaya Municipal Council (MPAJ).

There can be no two ways about it – there should be a Royal Commission of Inquiry into the Bukit Antarabangsa landslide disaster with a three-prong terms of reference:

• firstly, to inquire into the circumstances and causes of Saturday’s Bukit Antarabangsa landslide tragedy;

• secondly, a larger mandate to inquire whether and why the Federal, state and local government agencies have not learned the lessons of the Highland Towers tragedy 15 years ago, specifically for Bukit Antarabangsa but even further afield; and

• thirdly, why other countries like Hong Kong could end landslides by ensuring hillslope safety despite development.

Finally, there should be full and independent inquiry into the serious complaints by Bukit Antarabangsa victims about some irresponsible members of the search and rescue (SAR) operations team, in particular, the shocking complaint by the husband of accountant Eng Yee Peng, who died in the landslide at Bukit Mewah in Bukit Antarabangsa on Saturday, who alleged that when he sought help from the rescue team to save his wife who was still alive, he was given a hoe and asked to dig and find his wife on his own.

I believe the majority SAR members are responsible and honest but the handful of black sheep who were callous and inhuman must be ferreted out to face the full force of the law.

(Speech in Parliament on the urgent, definite, public importance motion on the Bukit Antarabangsa landslide disaster)

MOZZARELLA CHEESE

1. I was in Langkawi the day before Raya Haji and had a busy time looking at my projects.

2. The horse breeding is doing well with three foals sired by Albarik, a pure Arab. The foals are also doing well. We expect more this year.

3. We are looking for an Arab mare so that we will produce pure Arab foals by Albarik.

4. The local boatyard is making good progress with my fibreglass catamaran. I ordered the boat partly to give the yard a chance to build something it had not tried before, partly to use the boat for catching squids. It is the squid season in Langkawi and at night you can see hundreds of boats with their powerful spotlights forming a semi-circle in the sea. The squids get attracted to the lights and it is easy to catch several pounds of squids with a hooked line or net.

5. I was saddened to see quite mature teak and mahogany trees being chopped down to widen the road north to Ayer Hangat.

6. My friend had tried to bring in a foreign wood carver to Langkawi to start a new cottage industry. It seems that our immigration policy does not allow anyone above 50-years to come and work in Malaysia. What a pity. Our skilled engineers, pilots, architects etc can go out but skilled foreigners cannot come in. On the other hand unskilled labourers may come in legally or illegally.

7. The net result is that our brains are being drained out, no brains are coming in but the brainless may come in and even settle in our country. You can figure out the end results. I hope the Government realises this and maybe design a new immigration policy.

8. Then my friends took me to the most interesting new industry in Langkawi. It is the production of mozzarella cheese, the cheese used in making pizza.

9. Mozzarella is an Italian cheese and the small facility is owned and operated by an Italian who's married to a Malaysian. He also operates a butchery where the cows are slaughtered and the meat is properly and professionally cut by a young Langkawi person who had been trained in Italy (actually in San Marino, an independent state in Italy).

10. I tasted freshly made mozzarella and it was delicious. Mozzarella is made with buffalo milk and the little "factory" is next to a Government project to breed buffaloes.

11. One day I hope this Langkawi mozzarella factory will become a tourist attraction, and the world will eat Langkawi mozzarella in their pizzas.

12. Telaga Harbour in the Northwest of Langkawi is full of yachts, including mega yachts. People say the marina reminds them of the Mediterranean, with Italian, Spanish, and Russian restaurants as well as a Chinese steam-boat restaurant. You can sit at a table on the harbour front and watch the yachts (some 130 of them) in the protected harbour.

13. There is a plan by someone to put some kind of floating platform in the marina for performances to be held.It is a great idea but the turning circle for yachts in the marina is small. The platform, I am afraid, will get in the way for big boats. However, I have no say in this matter.