Nizar’s sixth sense and Shahrizat’s bra

Selangor Umno delegate Habibah Mohd Yusuf says the ex-Perak MB was making claims that Shahrizat wears bras worth RM26,000.

KUALA LUMPUR: The value of Shahrizat Abdul Jalil’s undergarments was a hot topic at the ongoing Umno Wanita meeting this morning with a delegate from Selangor accusing a PAS leader of discussing the wing leader’s alleged penchant for expensive bras.

Selangor Umno delegate Habibah Mohd Yusof had the delegates in stitches when she said PAS’ Bukit Gantang MP Mohd Nizar Jamaluddin was making claims that Shahrizat wears bras worth RM26,000.

“He claimed in a ceramah in Trong, Perak, recently that Shahrizat uses bras worth RM26,000,” Habibah said when delivering her motion to support Shahrizat’s speech as the first delegate at the women wing’s assembly this morning in Dewan Tun Dr Ismail, Putra World Trade Centre.

She said the former Perak menteri besar Nizar, who is also the Pasir Panjang state rep, was attempting to smear the good name of the Wanita wing.

She added that the opposition had resorted to such low tricks as they were afraid of the Umno women’s influence in getting the voters in the coming general election.

“Perhaps he has a sixth sense to be able to see what our leaders wears. Perhaps he also has an eye for her,” said Habibah.

LAWASIA Concern at Malaysian Peaceful Assembly Bill

LAWASIA, the Law Association for Asia and the Pacific, joins its voice with that of its member organisation, the Malaysian Bar, and other members of Malaysian civil society in recording its objection to and alarm at the content of the Peaceful Assembly Bill (the Bill) tabled in the Malaysian Parliament on 22 November 2011 for first reading.

It expresses its particular concern at the haste with which this legislation is set to move through Parliament, with the second reading beginning only two days after the first reading, allowing little time for members of Parliament to familiarise themselves with what are contentious restrictions on freedom of assembly, and with no time to seek public consultation.

Aspects of the Bill appear to be in direct or indirect contravention of human rights norms, established through the Universal Declaration of Human Rights, which at Article 20 (1) declares that:

Everyone has the right to freedom of peaceful assembly and association

and which principle is entrenched in other international and regional instruments.

LAWASIA finds particularly objectionable the constraints and severe restrictions that the Peaceful Assembly Bill places on activities and aspects that are otherwise acceptable in civilised countries. Among others, these include the prohibition of street protests, the age restrictions on who may organise and attend an assembly, and the onerous procedures required to seek permission to hold an assembly.

Further, the powers that are provided to the police to determine practical aspects of an assembly and to exercise force in dispersing an illegal assembly not only constrain considerably a universally-accepted civil liberty but also lack the definition that would safeguard members of the public from the excessive misuse of such powers.

It is noted that members of the Malaysian Bar marched peacefully to Parliament to present their alternative draft Bill to the Deputy Minister for Law and to the Leader of the Opposition on 29 November. This occurred in the presence of a counter demonstration and with only minimal notice provided to police, who handled the situation well. It is significant that this occurred without threat to public order or safety as an illustration that the right to peaceful freedom of assembly by way of street march can be exercised in Malaysia without the excessive restriction that the Peaceful Assembly Bill proposes.

Malathi Das

PRESIDENT

November 30, 2011

Outlawing and in-laws: 2 sisters killed ‘for not conceiving’

“Both women’s throats had been cut and their bodies bore multiple stab wounds,” said Allied Hospital Dr Mubarak Shah.

FAISALABAD: 

Two sisters were allegedly murdered by their in-laws over a domestic dispute in the Pir Mehal police station precincts on Saturday.

According to police officials, Khursheed Bibi, 25, and her sister Asma, 24, were married to Chak No 700/42 residents Sajid and his brother Muhammad Saeed one and half year ago. Neighbours told police officials that the in-laws of both girls began torturing them after they both failed to conceive for over a year.

“They threatened to send them both back to their parents and even threatened their lives,” said a neighbour Rehan Alvi. Alvi told police officials, that the couples had been married according to the consent of village elders and that both families were poor.

Saeed is a motorcycle mechanic based in Rawalpindi, while Sajid is a salesman in a local bakery in Rawalpindi. The brother of the deceased girls, Muhammad Javaid told police that his sisters had been murdered by their in-laws because neither of them had conceived a child. “They were living in a joint family system and both their husbands were often in Rawalpindi and only visited once a month,” he said.

According to police officials, Khurshid Bibi and Asma Bibi’s bodies were found in a mutilated state on Saturday evening. “Both women’s throats had been cut and their bodies bore multiple stab wounds,” said Allied Hospital Dr Mubarak Shah.

Locals in the village complained, saying that they had informed the police of the incident but that the police team arrived late. “It took them 4 hours to arrive at the scene and by then two of the accused had already fled,” said a neighbour.

Police officials have registered a case against Muhammad Siddique, father in-law of the deceased, his sons Muhammad Qasim, Muhammad Usman and daughter in-law Yasmeen under Sections 302, 148/149 of the Pakistan Penal Code and started an investigation.

SHO Pir Mehal Ilyas Sahi told The Express Tribune that all the accused nominated in the FIR were arrested on Sunday. “We have also recovered blood samples from the scene and have found the murder weapons,” he said. Sahi said that the police were still waiting on an autopsy report to confirm the charges.“The accused will be presented before the court for physical remand on Saturday,” he said. 

Published in The Express Tribune, November 29^th, 2011.

Muhyiddin uses race card, urges Malays to reject Pakatan

KUALA LUMPUR, Nov 29 — Umno deputy president Tan Sri Muhyiddin Yassin exploited the race card tonight when he urged Umno to defend the Malay race, culture and institutions from the opposition Pakatan Rakyat (PR).

Hitting out at the DAP in particular, he accused the PR party of being an anti-Islam and anti-Malay force.

Muhyiddin (picture) also dismissed PKR as a spent force interested only in championing the cause of one
 man, and PAS as a party that had shed its Islamic ideology to please the DAP.

“(The DAP) do not respect royal institutions, insult government officers who are mostly Malay, slander our armed forces with insults, dispute our enforcement institutes, dismiss the credibility of our justice system and make a fool out of the Malays to gain power for themselves,” he said when opening Umno’s Wanita, Youth and Puteri wings’ annual general assemblies here.

“DAP’s agenda to form a republic by dismissing values, history and identity of Malaysia as a nation based on sovereignty and Islam as the official religion is evident,” he added.

“If not, do they dare suggest the prime minister’s position be selected based solely on elections and without being chosen by the Yang di-Pertuan Agong? What is the meaning of this?”

Speaking to about 4,000 delegates from the Wanita, Youth and Puteri wings, Muhyiddin called PKR an ultraliberal party lacking moral values for electing a leader with a credibility crisis to head the party.

“They preach values that are against our culture in the name of freedom,” he said.

“Although one facet in PKR preaches religion and another preaches ultraliberalism, they have only one goal — to defend their leader.”

He pointed out that PAS has lost its way by placing both PKR and the DAP’s agendas before its own.

“It is clear the political tsunami during the last general election has drowned out the Islamic state ideology from PAS’s political lexicon,” he said, prompting laughter.

Assuring the crowd that Umno has risen from the political tsunami of 2008, Muhyiddin urged delegates to unite and strive to defend religion, race and country.

“Umno has shown its commitment by uniting people of all races... We shall not stir hatred with other races. We shall not insult other races. We shall not be prejudiced towards other cultures. We are not racist like DAP’,” he said.

Anti-gay group marches against Bar Council

A group of anti-gay protesters also showed up in the march to Parliament but they were directing their anger at the lawyers.

KUALA LUMPUR: An anti-Seksualiti Merdeka group marched to Parliament in opposition to gay rights, just as the Bar Council members gathered to protest the proposed Peaceful Assembly Bill 2011.

In what appeared to be a strange counter-protest, the 20-strong group marched opposite the Bar Council members, shouting anti-gay slogans.
“We are against free sex! We are against anal sex! We are Muslims, Allahukbar (God is great)!” they shouted at the lawyers while the two groups were walking on Jalan Parlimen.

One of them shouted “Balik India (Go back to India)!” at the lawyers.

Speaking to FMT, Gerakan Memartabatkan Pejuang Negara (GMPN) chairman Razali Zakaria claimed that the Bar Council was marching in support of “free sex”.

“The Bar Council’s gathering has elements of free sex. Gathering peacefully is one thing, but they (lawyers) are here because of free sex,” he said.

Majlis Ayahanda Malaysia spokesman Zulkifli Sharif said the lawyers had an ulterior motive in their opposition to the bill.

“We don’t like to see political agendas, which is what we’re seeing here. That gathering is illegal!” he said, pointing at the lawyers.

The group then claimed that the Bar Council had been carrying banners in support of gay rights and free sex.

Before the lawyers started their march at 12.15pm, a separate group of 20 Malay youths were seen holding these banners at the Lake Gardens.

Standing only metres away from the larger body of the lawyers, the group was seen wearing plain yellow T-shirts, holding banners which read: “Free Sex Gathering 2.0″ and “LGBT (Lesbian, Gay, Bisexual, Transgender) Gathering 2.0″

These banners also had the Seksualiti Merdeka logo printed on them.

When quizzed by reporters, many in the group hid their faces, shying from the cameras.

They also refused to speak to lawyers who asked the youths what they were doing there.

Najib: General election is yardstick to party's survival

By Noor Adzman Baharuddin, Mazlinda Mahmood and Azura Abas, NST

KUALA LUMPUR: Delegates to the 62th Umno general assembly have given party president Datuk Seri Najib Razak the full mandate to undertake the battle to face the upcoming 13th general election.

With cries of "Hidup BN" and "1Malaysia" resonating in the Merdeka Hall of Putra World Trade Centre, Najib secured delegates' support for the upcoming general election.

He sought the mandate when delivering the presidential message at a closed door briefing ahead of the assembly on Thursday.

The president's message is viewed as the party's most important message in view of its preparation for the upcoming 13th general election.

He also reminded the 5,000-odd delegates that the party's survival depends on its success in the next general election.

He said Umno has gone through the ups and downs since independence and it could emerge victorious if all party members and leaders at all levels do their bit for the party.

"Our success depends on what everyone at all levels especially the leaders can contribute to win the hearts and minds of the people," Najib who is also Prime Minister said during the two-hour session

He said party members and leaders at all levels must be selfless in serving the party and people.

"Love for the party is very important, retaining power as the government is also important.

"Don't sabotage if you are not chosen as the candidate and let's all learn from our past mistakes in order for Umno to excel and achieve greater heights," he said.

He also said a fair mix of young and old would be chosen as candidates from Umno in the next general election.

Stressing that, the candidates would be winnable ones, the Umno president said party members should leave the selection process to the party leadership.

He said all must sacrifice to ensure the success of the party, as the backbone of the ruling BN coalition.

He also said there was no need for anyone to try very hard to be selected as candidate and that even if any of them was a divison leader but is not a winnable candidate, he will not be chosen.

Priority will be given to leaders in the respective divisions. If there was none, an outsider will chosen and all must give their fullest support and ccoperation to ensure the victory of the chosen candidates," he said.

Najib said all party members must work extraordinarily hard to ensure a massive victory for Umno and BN.

"Umno and party members must rise to the occasion. Work and keep on working harder for the party and the country," he said.

The party president said winning the election would not be based on popular theories especially on picking an election date.

Najib said he did not hold on to any theory but only basing on facts.

"The facts are founded on two facts-what we have done to the people and what the opposition has done.

"If what we have done are agreeable and well accepted by the people, God willing our party will succeed," he said.

Najib also said choosing between party's dignity and one's own: "The party comes first."

Najib said party members and leaders must share with the people that they could only count on Umno and BN.

He said Umno members must work as a team and that Umno was still very relevant to the people.

"We must fight off all attacks by the opposition. Don't be defensive. We must also fight with facts.

"We must have only one team at all levels and we will find strength and victory in unity," he said.

A total of 5,447 delegates are attending this year's assembly. They comprise 2,627 from 191 Umno divisions, 944 Wanita, 942 Youth and 934 Puteri members. There are also 74 representatives from Umno overseas clubs.

A total of 58 foreign delegates from 20 countries, including six from the Communist Party of China, 11 from Mamafisoa Party of Madagascar, three from the Palestine Liberation Movement (Fatah) and two from the Permanent Conference of Political Parties of Latin America and the Caribbean (Coppal) will also attend the assembly.

Seventy-four Umno overseas clubs are also sending their representatives.

Malaysia's UMNO Scandals

How now, brown cow?

A new set threatens

For weeks, just in time for Malaysia’s United Malays National Organization’s annual general assembly which opened this week, the party has been embroiled in an embarrassing scandal involving a 2007 government decision to spend RM300 million (US$94.3 million)to establish a national feedlot corporation to slaughter as many as 60,000 cattle annually under Islamic halal dietary requirements.

The scandal seems emblematic of a long series of such situations that imperil Prime Minister Najib Tun Razak’s vow in April 2010 that the government "can no longer tolerate practices that support the behavior of rent-seeking and patronage, which have long tarnished the altruistic aims of the New Economic Policy.”

The National Feedlot Corporation, as it is known, has never slaughtered 10 percent of the projected total and has since scaled back its target to 8,000 head but hasn’t been able to meet that target either. Worse, the company has been losing millions of dollars every year – while pouring funds into an RM10 million condominium in Kuala Lumpur, among other things, and spending RM800,000 for overseas travel and entertainment.

The scandal is doubly embarrassing because the agreement to establish the National Feedlot Corporation, made when Abdullah Ahmad Badawi was prime minister, went to the family of Shahrizat Abdul Jalil, the Minister of Women, Welfare and Community Development and head of the women’s wing of Umno. Her husband, Mohamad Salleh Ismail, is the chairman. Her three children are respectively the chief executive officer and executive directors of the company. None had any experience in cattle production or beef supply prior to the establishment of the company.

The report of the NFC’s operations was contained in the 2010 report of Malaysia’s Auditor General, which was delayed for weeks before it was finally released. The scandal has generated tensions inside UMNO, with some reformers demanding that Shahrizat be forced out of her job as minister. However, the leadership has circled the wagons to protect her. In particular, Muhyiddin Yassin, the deputy prime minister, has said there was no case to be brought against her. Muhyiddin was the agriculture minister in 2006 when the project was approved. Others who have come to her defense are Abdullah Badawi and his son-in-law, Khairy Jamaluddin, the head of the UMNO Youth Wing.

The National Feedlot scandal is said to have the potential reformers worried because party operatives thought they had the Selangor electorate turned around and that they could take the state back from the opposition Pakatan Rakyat in national elections expected to be called early next year. However, Asia Sentinel has been told, the refusal to hold anybody to account in the feedlot scandal could well turn the tide back against them, especially as other patronage scandals continue to bubble up.

The depth and breadth of the scandals also calls into question moves earlier this year with Najib launching a series of programs to develop bumiputera, or ethnic Malay companies, including allocating an RM2 billion fund for development. In the 2012 budget, Najib also announced the government would allocate RM200 million to guide 1,100 high-performing bumi companies with the potential for listing on the Kuala Lumpur Stock Exchange. Critics are concerned that the patronage system will continue unabated. The current UMNO general assembly was hoped to provide a dramatic backdrop for Najib to win back disaffected Malay voters.

For decades, this patronage has involved highway construction and defense contracts and a variety of other government arrangements with UMNO cronies in a plan formulated by former Prime Minister Mahathir Mohamad. His ambition was to create a cadre of 100 super-rich bumis who in turn would help rural Malays into prosperity under a konsep payung, or umbrella concept routed through UMNO, much the way he envisioned driving the country into industrialization through massive projects. However, many of the companies eventually collapsed and are being supported by government institutions such as Kazanah Nasional, the country's sovereign investment fund, or the Employee Provident Fund.

Contained in the same 2010 auditor general’s report, for instance, is a passage on the decision to privatize a 77-km stretch of highway from Senai to Desaru on Peninsular Malaysia’s southeastern coast. The land acquisition turned out to have doubled, from RM385 million to RM740.6 million, with the road surface described as “undulating.” The project completion “was not in accordance with specifications, causing damage to the road surface and endangering road users.” The company failed to complete construction within the stipulated period of the contract. However, the construction agreement didn’t specify damages in the event it wasn’t completed. Required maintenance is described as “unsatisfactory.”

The company that won the RM1.7 billion contract is Ranhill Corp. Sdn Bhd., which has long been described as UMNO-linked. It is partly owned by Lambang Optimia Sdn. Bhd. Both are headed by Hamdan Mohamad, described as Malaysia’s “water baron,” who operates several utilities and power companies. He was one of several ethnic Malay businessmen who followed former Prime Minister Mahathir Mohamad’s vow to take Malaysian companies overseas. Another shareholder is YPJ Corp. Sdn Bhd., an arm of the Johor State Government, and yet another appears to be UMNO itself, which owns a minority share through an account at Public Bank Bhd., according to records. Ranhill has had a lackluster two to three years, capped by disaster earlier in 2011 when its Libyan operations were caught between the Muammar Qaddafi forces and those of the Libyan rebels aided by NATO air strikes.

Also, earlier this year, Deftech, a wholly-owned subsidiary of DRB-Hicom, won a contract without an open tender to produce and deliver 237 eight-wheeled armored personnel carriers to the Ministry of Defense. DRB-Hicom is 55 percent owned by Etika Strategi Sdn. Bd., which is wholly owned by billionaire Syed Mokhtar Al Bukairy, one of Mahathir’s targeted bumiputras and a man who is extremely tight with UMNO. Opposition member Tony Pua complained on the floor of Parliament that the average price of RM29.4 million for each unit compared unfavorably with a Portuguese Army purchase of 363 similar vehicles for the equivalent of RM4.4 million each from the Swiss MOWAG CmBH Corp, Malaysia is paying a 6.6-fold increase over the Portguese purchase. Saudi Arabia, he said, bought 724 such vehicles for the equivalent of RM9.9 million from General Dynamics Land Systems-Canada, with Malaysia paying almost three times as much Government officials said the contracts don't compare with each other and that the government is getting more equipment, maintenance, etc. for its money.

“Further research has revealed that DRB-Hicom will be acquiring the AWC technology from a Turkish company – FNSS Defence Systems Inc which manufactures the Pars 8x8 AWV models,” Pua said. “With this deal, Malaysia will be its first foreign customer for this vehicle. What is perhaps of greater alarm is the fact that FNSS has announced that they have sold 257 units of Pars 8x8 AWVs to Malaysia for approximately US$600 million or RM1.83 billion or only RM7.1 million per unit,” Pua said in a prepared statement -- considerably different from what the Malaysians said they bought the vehicles for.

Pua also complained about the cost of six offshore patrol vessels from Boustead Naval Shipyard Sdn Bhd at RM1 billion each in the aftermath of another total fiasco. The Auditor General, in a 2007 report tabled in Parliament, alleged that a contract to build naval vessels given to PSC-Naval Dockyard, a subsidiary of Penang Shipbuilding & Construction Sdn Bhd, which was owned by another UMNO crony, Amin Shah Omar Shah.

PSC-Naval Dockyard, which was taken over by Boustead, contracted to deliver six patrol boats for the Malaysian Navy in 2004 and complete the delivery in 2007. Those were supposed to be the first of 27 offshore vessels ultimately to cost RM24 billion plus the right to maintain and repair all of the country's naval craft. But only two of the barely operational patrol boats had been delivered by mid 2006. There were 298 recorded complaints about the two boats, which were also found to have 100 and 383 uncompleted items aboard them respectively.

The original RM5.35 billion contract ballooned to RM6.75 billion by January 2007. The auditor also reported that the ministry had paid out RM4.26 billion to PSC up to December 2006 although only Rm2.87 billion of work had been done, an overpayment of Rm1.39 billion, or 48 percent. In addition, Malaysia’s cabinet waived late penalties of Rm214 million. Between December 1999, according to the Auditor General, 14 “progress payments” amounting to Rm943 million despite the fact that the auditor general could find no payment vouchers or relevant documents dealing with the payments.

The auditor general attributed the failure to serious financial mismanagement and technical incompetence stemming from the fact that PSC had never built anything but trawlers or police boats before being given the contract. Once called “Malaysia’s Onassis” by Daim Zainuddin, Amin Shah was in trouble almost from the start, according to a report in Singapore’s Business Times in 2005.

Eventually Boustead PSC was born out of the Royal Malaysian Navy’s dockyard facilities which were to provide ship repairs and maintenance services. Under the corporatization program advocated by the Malaysian Government, the dockyard was set up as Limbungan TLDM, a wholly owned government company. It has modern facilities to meet the maintenance requirements of the Royal Malaysian Navy fleet, from hull repairs to major overhauls and from radar refitting to weapon systems refurbishment.

The six patrol boats have now cost five times what the Royal New Zealand Navy paid for its patrol vessels, bought at only RM210 each (NZ$90 million) from BAE Systems, the second largest global defense company.

The irrepressible Raja Petra Kamarudin in early November found that the Philippines was buying Hamilton-class patrol ships from the US that would be deployed to the West Philippine Sea area to secure the country’s natural resources. The latest one is to be transferred by the first or second quarter of next year, to guard energy projects in Malampaya off Palawan.

“Malaysia is going to buy six patrol boats at a total cost of RM6 billion or RM1 billion per patrol boat. Of course, Malaysia’s patrol boats are going to be far advanced and more sophisticated than those of the Philippines who paid only RM31.5 million for theirs,” he wrote. “The Philippines’s patrol boats can only patrol the waters. Malaysia’s patrol boats can…well…patrol the waters.”

MP Pakatan Keluar Dewan, Protes Akta Perhimpunan Aman

Keadilan Daily

Ahli Parlimen Pakatan Rakyat keluar dewan rakyat beramai-ramai bagi membantah tindakan kerajaan yang enggan menarik balik Rang Undang-Undang Perhimpunan Aman yang dibahaskan hari ini.

Tindakan keluar dewan itu diketuai Ketua Pembangkang, Datuk Seri Anwar Ibrahim.

Mereka juga membantah keputusan Yang dipertua Dewan Rakyat, Tan Sri Pandikar Amin Mulia kerana hanya membenarkan ahli parlimen kanan pembangkang
untuk berbahas.

Ahli Parlimen Subang, R. Sivarasa berkata, Pakatan membuat keputusan berkenaan sebagai tanda protes, selepas menjangka rang undang-undang itu akan tetap diluluskan.

“Kita memilih tindakan keluar dewan kerana kita sudah menjangka akta ini akan diluluskan juga dengan mereka menggunakan undian majoriti.

“Malah Menteri Di Jabatan Perdana Menteri, Datuk Seri Nazri Aziz juga enggan memberi respon mengenai desakan kita agar rang undang-undang itu ditarik balik,” katanya ditemui selepas Ahli Parlimen Pakatan Rakyat keluar dewan hari ini.

Menurutnya, jika undian belah bahagi diadakan sekalipun, Pakatan Rakyat tidak mampu menghalang rang undang-undang itu dari diluluskan kerana majoriti dalam Dewan Rakyat ialah Ahli Parlimen BN.

Rang undang-undang itu dibahaskan Ketua Pembangkang, Datuk Seri Anwar Ibrahim (KEADILAN-Permatang Pauh), Abdul Rahman Dahlan (BN-Kota Belud), Lim Guan Eng (Dap-Bagan), Abdul Hadi Awang (Pas-Marang), Ibrahim Ali (Bebas-Pasir Mas) dan P Kamalanathan (BN-Hulu Selangor).

Standing up to bullies — Jacob Sinnathamby

NOV 29 — It may sound simplistic but the choice before Malaysians in the coming general election boils down to either good or evil.

And we don’t have to fear evil because evil can never prevail against goodness. You do not have to take my word for this. Hosni Mubarak and Muammar Gaddafi and Saddam Hussein believed that they could rule forever with an iron fist. They subjugated their own people, threatened them, killed them and struck fear into their hearts with secret police.

But when their time came, they were hunted down like animals and treated with utter contempt, treated nothing more than common criminals. They will be remembered with contempt in history. Contrast that with meek and humble people like Gandhi, Mother Theresa and others who are remembered fondly because of the good works they did and because they carved goodness in the hearts of everyone they met.

These people may not have been rich, backed by the state apparatus or holding senior positions in government but they were men and women of virtue and had goodness in their hearts.

Contrast that with people like Ahmad Maslan, the Umno information chief who today sought to create more division in a country polarised along racial and religious lines. Contrast that also with the state-sponsored demonstrators who were allowed to disturb a peaceful march by lawyers who disagreed with the Peaceful Assembly Bill.

Ahmad Maslan speaks through both sides of his mouth, a common characteristic of the likes of Gaddafi. On one hand, he makes a pitch and says that Umno members should not hurt non-Malays. And then before an Umno audience he says that the DAP are agents of Christianisation. Who gave this man the authority to denigrate Christianity, the religion of many Chinese and Indians and east Malaysians?

He then went on to frighten Malays about the loss of political power? When threatened, this is also what Mubarak, Gaddafi and Saddam did; they painted minorities or foreigners as bogeymen.

Interestingly, these dictators also unleashed supporters against their people who went to the streets with legitimate grouses. In the last days in Tahrir Square, Mubarak’s hoodlums tried to intimidate the people calling for his resignation. They rode horses through the crowds and bashed up leaders of the protest movement.

In Kuala Lumpur and Penang, the state-sponsored thugs come dressed in yellow (aimed at discrediting Bersih) and are tasked with the job of intimidating those who don’t agree with the establishment. Today, they were given the task of disrupting the march by lawyers. Like their counterparts in Egypt and Libya, they never fall afoul of the authorities and don’t have to worry about being arrested.

And I believe that if we are united in our love for this country and belief in each other, these forces of evil and their sponsors in the high positions will not prevail.

History has shown that the meek and good-hearted, guided by our belief in God, can wear the mantle of victory over the forces of evil.

It is up to us to stand up to bullies like Ahmad Maslan.

* Jacob Sinnathamby reads The Malaysian Insider.

* This is the personal opinion of the writer or publication. The Malaysian Insider does not endorse the view unless specified.

Peaceful Assembly Bill 2011 passed (Update)

The Sun
by Husna Yusop

KUALA LUMPUR (Nov 29, 2011): The Peaceful Assembly Bill 2011 has been passed by the Dewan Rakyat after debate by six Members of Parliament (MPs) at committee stage, amidst strong protest from the opposition coalition and civil society groups.

Minister in the Prime Minister's Department Datuk Sri Mohamed Nazri Abdul Aziz wound up the debate on the bill in 40 minutes without the presence of any opposition MPs who left the House in the middle of his speech.

In his speech, Mohamed Nazri said the act is not unconstitutional as claimed but was in line with Article 10 of the Federal Constitution which must be read together with Clauses (2), (3) and (4).

"The clauses allow Parliament to impose restrictions deemed necessary or expedient in the interest of the security of the nation or public order.

"So, we can enact the (necessary) laws. If we read the constitution carefully, what the government does today is not at all against the constitution. This is the first lie made by the opposition," he said.

Mohamed Nazri said the core of the new law is to breathe life into Article 10 by including the necessary elements, as the rights granted for the citizens to assemble peacefully is not absolute.

He also said six amendments have been made to the act which was tabled for first reading by Prime Minister Datuk Seri Najib Abdul Razak on Thursday.

One of these concerned the controversial Section 9(1) which makes it mandatory for an organiser to give a 30-day notification to the police prior to holding an assembly in a non-designated venue.

“Today, we have decided to reduce it to 10 days because we listen to the people.

The BN MPs have raised this issue in our meetings.

So, this is not about demands by the opposition.

“The thing with the opposition (is that) when we don’t listen to the people, they said we are mean, but when we listen to the people, they said we are flip-flop,” he said.

The opposition MPs staged a walkout from the Dewan during Mohamed Nazri's wind-up speech.

"We do not see the point of the debate when they still want to pass the bill despite so much protests," Azmin Ali (PKR-Gombak) told theSun at the Parliament lobby after the walkout.

He said the opposition will continue its objection against the bill and will work closely with NGOs and human rights groups to ensure that the people's constitutional rights are protected.

Defend The Political Power Of The Malays - Muhyiddin

KUALA LUMPUR, Nov 30 (Bernama) -- Umno has reaffirmed that it is still a party that champions the Malays and as such it is important that the Malay political power be protected especially from attacks by the opposition who tried to create the perception that Umno is no longer capable of doing so.

Stressing the points in serious tone, Umno deputy president Tan Sri Muhyiddin Yassin said Umno had never surrendered to the pressure by the opposition parties which intended to "weaken every aspect of Umno's struggle to champion the Malay cause."

He said the Malays were getting increasingly uneasy following the large number of slanders levelled against Umno.

"Even in the crazy days of slander, our number one leader was not spared from by slanderous sparks. Even while performing the haj, he was distracted by slander factories working overtime to unleash the slanderous sparkles," Muhyiddin said when opening the simultaneous general assembly of the Umno Wanita, Youth and Puteri movements at the Dewan Merdeka, Putra World Trade Centre here Tuesday night.

He said Umno had recovered from the political tsunami of 2008, which had caused great concern among the Malays regarding their future, by taking a balance and wise approach so that the Malaysia remain strong while Islam was empowered.

While the Malays were troubled over their progress in the economic sector, Muhyiddin said the Barisan Nasional government led by Umno had unapologetically created the Bumiputera Agenda Supreme Council, the Unit Peneraju Agenda Bumiputera (Teraju), the Bumiputera Economic Transformation Programme, and the Rural Transformation Programme.

"All these are the continuation of efforts implemented by Umno all this while in the struggle to enhance the economic status of the Bumiputera," said Muhyiddin, who is also the deputy prime minister.

He said Umno leaders were also steadfast in defending the rights of the Malay and Bumiputera students who were qualified to receive scholarships and other educational subsidies from the government.

"And recently, we set up the Yayasan Peneraju Pendidikan Bumiputera to assist Bumiputera students in getting education funding. With a fund of RM500 million, we target 12,000 Malay and Bumiputera students to benefit from the foundation in the next five years," said Muhyiddin, who is also the education minister.

Muhyiddin subsequently criticised the opposition parties, describing the DAP as the most racist party, Parti Keadilan Rakyat (PKR) as a ultraliberal party without moral consideration while PAS was willing to drop the struggle for an Islamic nation purely to avoid being criticised by the DAP.

"Now, we hear the DAP is actively trying to woo the Malays to join the party. They are offered positions in the party and promised to be selected as the party's candidates in the next general election," he added.

He described Parti Keadilan Rakyat (PKR) as being in critical situation because almost all the founders of the party had left and supported Umno.

On PAS, Muhyiddin said the party, which was deeply committed on its agenda to set up an Islamic nation previously, had now forgotten this objective in its political dictionary.

He said for PAS, which was facing a new political landscape, the support of the DAP and PKR was more important that its principle to champion its own cause.

Peaceful Assembly Bill passed as opposition MPs walk out

The heavens opened up to heavy rain in Penang as the Peaceful Assembly Bill was passed in Parliament after opposition MPs walked out in protest.

Malaysia passes ban on street protests

Activist lawyers decry new law they say imposes tougher restrictions and penalties for demonstrators.



Malaysia's lower house of parliament has approved a ban a on street protests after opposition legislators boycotted the vote and activists criticised the ban as repressive and a threat to freedom of public assembly.

The law is expected to be enforced after parliament's upper house, also dominated by the ruling National Front coalition, approves it as early as next month.

Najib Razak, the country's prime minister, has framed the bill as part of a campaign he launched in September to replace tough laws on security, speech and assembly in a bid to shore up support ahead of elections he is expected to call for next year.

He defended the act on Monday, saying it guarantees the right to peaceful assembly and said the law prohibits public marches to avoid disruptions to general society.

But it has been assailed by opposition politicians who call Najib's reforms an election ploy, and say the bill validates their fears that tough old laws will merely be replaced by strict new rules.

Malaysian and international rights groups describe it as repressive because it bans street rallies and imposes tough restrictions and penalties for demonstrators.

The law was announced only last week, and some critics say the vote was rushed without proper public consultation.

About 500 lawyers and their supporters marched to parliament hours before the vote, urging lawmakers to reject the bill and chanting "freedom to the people'' before police stopped most of them from entering the complex.

The new law would confine demonstrators mainly to stadiums and public halls. Depending on the venue, organisers may be required to give 10-day advance notification to police, who would determine whether the date and location are suitable.

Children under 15 and non-citizens would be barred from attending rallies, which also cannot be held near schools, hospitals, places of worship, airports or gasoline stations.

Demonstrators who break the law can be fined $6,200.

VK Liew, a deputy Cabinet minister in Najib's office who received a protest note from the lawyers on Tuesday, suggested that critics should not be too quick to criticize the law.

"We should look at it holistically, not piecemeal,'' Liew told reporters.

Opposition reaction

Anwar Ibrahim, the opposition leader, said he believed the Peaceful Assembly Act would be "more draconian'' than laws in Zimbabwe or Myanmar.

Other opposition activists indicated they might challenge the law in court, insisting it breaches the people's constitutional rights.

Amnesty International, the UK-based rights group, called the Peaceful Assembly Act "a legislative attack on Malaysians' right to peaceful protest,'' while Human Rights Watch said the law is being pushed through parliament with "undue haste".

"The government must reject the bill as it infringes on the rights of the people and violates the constitution," said Wong Chin Huat of Bersih 2.0, which spearheaded a rally for electoral reform in July that was broken up by police.

Lim Chee Wee, president of the Malaysian Bar Council, said the ban was "outrageous".

"Assemblies in motion provide the demonstrators with a wider audience and greater visibility, in order for others to see and hear the cause or grievance giving rise to the gathering," he said.

Critics including the Malaysian Bar Council and Human Rights Watch maintain the act would grant police too much power over the timing, duration, and location of gatherings.

"This bill is a legislative attack on Malaysians' right to peaceful protest," Sam Zarifi, Amnesty's Asia-Pacific director, said in a statement.

The ruling Barisan Nasional coalition has been accused of routinely using tough laws to block challenges to its five decades in power.

Source: Al Jazeera and agencies

Rise and fall of Headley: From LeT to Chicago jail

In the fourth and concluding part of the series ProPublica's Sebastian Rotella talks about how Laskar-e-Tayiba operative David Coleman Headley was finally nabbed by United States law enforcement agencies, but only after he hoodwinked them for seven years. But the epilogue in the story is rather like the prologue: full of impunity and mystery.

Chapter 7: "Congrats On Your Graduation"

On the night of Nov 26, 2008, Lashkar-e-Tayiba David Coleman Headley was at home in Lahore when his handler Sajid Mir sent him a text message. It said, "Turn on your television."

The siege of Mumbai lasted three excruciating days. The 10-man attack team arrived by sea, landing at a fishermen's slum chosen by Headley for its strategic location. The young gunmen had never been to India. They were guided by Headley's videos and written reports, his provision of GPS coordinates and his work with a Pakistani navy frogman on the maritime approach.

Mir and other Lashkar bosses directed the slaughter by phone from a command post in Karachi. Their calls were intercepted by Indian intelligence and have been subsequently broadcast in international television reports.

Headley watched the coverage with his Moroccan wife; they had reconciled weeks earlier. He got a celebratory email from his Pakistani wife, whom he had moved with their children to Chicago in September. The wife knew about his reconnaissance and praised him in an email using coded language, according to court testimony.

"Congrats on your graduation," the wife wrote on Nov 28, according to court documents. "Graduation ceremony is really great. Watched the movie the whole day."

Headley was already thinking about his next mission.

In October, Major Iqbal and Mir had visited him at home, the first time he had seen his Inter-Services Intelligence and Lashkar handlers together, according to Headley's testimony. They wanted to take their holy war to Europe. They assigned him to scout the Jyllands-Posten newspaper of Denmark, a terrorist target because it had published cartoons of the Prophet Mohammed.

Headley visited his family in Chicago over the Christmas holiday. He learned that yet another tipster had gone to the Federal Bureau of Investigation, according to his testimony. It was a female friend of his mother, who had died earlier in the year. Apparently motivated by news of the Mumbai attacks, the woman contacted the Wilmington, Delware, FBI office, which passed the lead to the Philadelphia field office.

Interviewed on December 1, the tipster said Headley's mother had told her years earlier that her son was fighting alongside militants in Pakistan. The tipster said she believed he was still involved in militant activity. FBI agents reviewed records and found "most or all" of the warnings dating back to 2001, according to a senior US law enforcement official.

On Dec 21, agents interviewed Farid Gilani, Headley's cousin in Philadelphia. He deceived them by saying Headley was in Pakistan, according to testimony. The cousin called Headley in Chicago to alert him, according to testimony. In an email to a militant in Pakistan, Headley speculated that the FBI's interest was related to the allegations months earlier at the US embassy by his Moroccan wife, whom he called "M2."

"So I think that it is OK, just routine, because of what M2 said before," Headley wrote on Dec 24.

This story was co-published with PBS FRONTLINE.

Lawyers end march, say to keep up pressure on assembly law

Hundreds of lawyers marched from Lake Gardens to Parliament to protest the Peaceful Assembly Bill today. — Picture by Clara Chooi

KUALA LUMPUR, Nov 28 — The Bar Council warned the Najib administration today it will “continue knocking on the doors of Parliament” if the Peaceful Assembly Bill is passed without public consultation.

Malaysian Bar President Lim Chee Wee urged the government to consider the council’s proposed alternative to the government’s original Bill, which he described as an “unjust law made in haste ... which will impose unreasonable and disproportionate fetters on freedom of assembly”.

“The Bar will continue knocking on the doors of Parliament if the Bill makes it to the statute books in its current form,” he vowed during a brief press conference in Parliament here.

Lim was addressing reporters just moments after he led hundreds of lawyers in the council’s “Walk for Freedom” march to Parliament as a sign of their open defiance of a law they claim infringes on Malaysians’ constitutional rights.

The prominent lawyer, along with nine other representatives from the council, were allowed through Parliament gates and into the lobby to hand over a copy of its alternative Bill to deputy minister Datuk V. K. Liew and a letter of appeal urging MPs to vote wisely.

“We are not anti-government or pro-opposition. We are anti-injustice and anti-unconstitutionality ... We are pro-justice and pro-rule of law. We have always worked closely with the government,” Lim told Liew when handing over the documents.

MORE TO COME

Dr Subra confident of renewed Indian support

In an exclusive interview with MIC deputy president Dr S Subramaniam, he said the party is confident of getting back the lost Indian votes due to its good work.

INTERVIEW

PETALING JAYA: MIC is confident of regaining the support from the Indian community lost during the last 2008 general election, given the continued hard-work it has put in to address a wide range of Indian-related issues.

Expressing this confidence during an interview with FMT recently, MIC deputy president Dr S Subramaniam said: “We are confident that we will be able to get better support from the Indian community now in comparison to 2008.”

During the one-hour-plus interview at his office in Pusat Bandar Damansara here, the Human Resources Minister took pains to list down the achievements of the Cabinet Committee on Indian Affairs to justify that claim.

This committee was formed in 2008 and is chaired by Prime Minister Najib Tun Razak and under the committee, a Special Implementation Task Force (SITF) is tasked with the execution of the plans.

Heading the task force is none other than Subramaniam himself, who said that numerous programmes have helped change the “feeling of the Indian community towards the government” to be more “positive”.

This, he said, has translated into an increased support, adding that on average, about 60 to 70 percent of the Indian voters support Barisan Nasional, a much higher figure than the estimated 40 percent on average in 2008.

“Through the Cabinet Committee for Indian Affairs, the SITF and specific initiatives of top MIC leadership, many specific issues of the Indian community have been addressed or are in the process of being addressed,” said Subramaniam.

He said the issues that have achieved some results include a RM235 million allocation for building and upgrading Tamil schools for the past three years and another RM100 million for the next year.

Better job opportunities

Subramaniam also said the government has managed to address problems with documentation, with over 9,000 Indians having registered with the MyDaftar campaign.

“Through the MySkill Programme, 2,600 Indian youths have been placed in various government skills training centres, and 400 Indian SPM students were given government scholarships,” he said.

Subramaniam said another initiative, called MyJobs, is in the pipeline to create better job opportunities for the Indian community in the public sector, government-linked companies, army, police, as well as in the private sector.

“We will start the MyJobs programme in December 2011 and continue next year,” he said.

Subramaniam said there have been two main focuses for the Indian community, which he admits are trapped in a low-income cycle – namely, allowing more employment opportunities in the government service and more opportunities for Indian businesmen to take part in government-based projects.

“We have asked the prime minister for a bigger level of involvement (of the Indian community) in mega-projects – that a certain quantum be reserved for contractors from the Indian community.

“We believe that that would have a larger spin-off effect – employment opportunities for a larger spectrum of people and generating more economic activity for the Indians. If these issues have been addressed well, the Indian community’s support for BN will get back to what it was before,” said Subramaniam, adding that there are plans to allow for more loans to aid businesses.

Subramaniam also took a swipe at the Indian leaders in the opposition Pakatan Rakyat coalition, saying that none of them have taken it upon themselves to come out with any concerted attempt to address Indian issues.

Political mileage

He said this can be seen in Penang and Selangor, where mega-issues are not addressed and approach has been “ad hoc, sporadic and one-off”, done merely to get political mileage.

“They even have a deputy chief minister in Penang (P Ramasamy) who came on record to say that he is not the representative of the Indian community, but answerable to all members of the community,” he said.

Subramaniam said that MIC expects no change and is likely to retain and contest in all nine parliamentary seats and 19 state seats in the 13th general election. “Unlikely to be more. Very unlikely there will be less.”

But he addmitted that seat swaps was possible.

Asked if there has been any finalisation of candidates, Subramaniam said: “No, we’ve not done anything”, but added that he discussed such matters with party president G Palanivel “quite often”.

He also said that there would be more new, young faces being fielded in the election, but declined to reveal any names at the moment.

On his own parliamentary seat in Segamat, Subramaniam said: “As it is, I’ll probably be contesting back in Segamat and we’ve been working very hard on that seat.” He said that he visits his constituency weekly.

Asked to gauge his “winability” against people like Chua Jui Meng, rumoured to be eyeing the seat, Subramaniam said simply: “Well, it’s okay. But we cannot take it easy, because with the current political developments, this election will be a very challenging one to everybody; we’re all working very hard in all possible ways to increase our chances of success.”

Below are excerpts from the interview:

On the 13th general election, how prepared is MIC?

Generally, the support of the Indian community as we see it is definitely better than it was in 2008. Our worst situation was in 2008, and since then there has been a greater shift in the support of the Indian community, though it varies from area to area. On average, it’s about 60 to 70 percent of the Indian voters who would probably support Barisan Nasional; this is higher than the 40 percent on average we had in the 2008.

As far as MIC is concerned, the grassroots machinery geared towards identifying Indian voters has already been set in motion. The election machinery at all the branches and divisions is reconciling their membership. We have also embarked on new voter registration (exercise).

In addition, specific problems on the ground have been identified and intervention mechanisms have been put in place. We are confident that we will be able to get better support from the Indian community now in comparison to 2008. National MIC leaders have frequent meetings and interaction with grassroots leaders to motivate them and enhance their performance.

We’ve been able to identify some of the main problems and we’re slowly addressing them. We are able to address issues of Tamil schools in the past few years; we have had a massive campaign to address the problem of documentation within the Indian community, and this has produced some results. We have recently started a campaign to offer greater opportunities in skills training for Indian youths, and this (too) has produced results. We’re also doing something to provide more jobs for Indians, specifically in certain areas within the government. Lack of jobs is something that is a big concern in the Indian community. That’s an issue we had highlighted many times with the top leadership. We’re launching a programme (to provide) better employment (for Indians) in the public services, government-linked companies (GLCs), army, police. I hope that with this, more opportunities will be created. The prime minister himself has been going on the ground and meeting different Indian groups; he has been present in Indian functions like in Batu Caves, and so on. This has brought him closer to the Indian community.

Through the Cabinet Committee for Indian Affairs, the Indian Task Force and specific initiatives of top MIC leadership, many specific issues of the Indian community have been addressed or are in the process of being addressed. They include:

• Tamil schools – the government has allocated RM235 million in the last three years and RM100 million for next year for building and upgrading Tamil schools. This has given a big boost to infrastructure facilities in Tamil schools and created a better environment.
• Documentation issue – over 9,000 people had registered during the MyDaftar campaign carried out with the assistance of the National Registration Department. All the issues are given individual attention; we hope to get approval for 2,000 citizenship for some of the applicants before the end of 2011.
• Through the MySkill Programme, 2,600 Indian youths have been placed in various government skills training centres.
• Some 400 Indian students were given scholarships through the Public Service Department and 1MDB Fund to further their education after SPM.
• The number of training places for untrained attachment teachers (GSTT) teachers to become permanently trained teachers was increased three-fold in the last three years.
• Program Mesra Rakyat was conducted in nine places, where 11 government departments and agencies met with about 13,200 people and addressed many issues.
• MyJobs. We have begun an initiative to create better job opportunities by collaborating with the public sector, GLCs, army, police and leading companies in the private sector. The aim of this programme is to increase employment opportunities for Indian youths and to identify and address the issues which will increase their employability. We will start this programme in December and continue next year.
• Increased opportunities to obtain more loans for micro-enterprises have been made available through Tekun Nasional and Amanah Ikhtiar. The government has recently announced an allocation of RM100 million through Amanah Ikhtiar in the 2012 Budget.
• Estate housing scheme – a revolving fund has been created by the government with an allocation of RM50 million to enable estate workers to purchase houses costing below RM60,000. This is a very friendly scheme which will overcome the obstacles faced by estate workers to own houses.
• The government through the initiatives of the prime minister has given financial assistance to Indian NGOs and temples to the tune of RM10 million last year. This has helped the NGOs to carry out grassroots activities and contribute to the overall development of the community.

There are two main areas where we need assistance: employment opportunities in the government service, and opportunities for Indian businesses to take part in government-based projects. We have highlighted these two areas to the prime minister. He has recently given a grant of RM8 million to facilitate the development of Indian entrepreneurs on a smaller level. We will be doing this via the Suria Cooperative to support the entrepreneurs. We have asked the government for a bigger level of involvement (by the Indian community) in mega-projects – that a certain quantum be reserved for contractors from the Indian community. We believe that that would have a larger spin-off effect – employment opportunities for a larger spectrum of people and generating more economic activity for the Indians. If these issues have been addressed well, the Indian community’s support for BN will get back to what it was before.

How does MIC plan to counter Pakatan Rakyat’s promises? The goodies that Pakatan is dishing out, for example, the promise of an Indian deputy prime minister if it wins?

Of course, these promises are political gimmicks. We have to look at the overall development of the Indian community. Simply promising top government positions to non-Malays if Pakatan were to win the general election is useless because what matters is not the post but Pakatan’s ability to use the position for the welfare of the community.

If you look at it in totality, the recent recognition of the problems of the Indian community and the willingness to overcome them in terms of the transformation programmes in education, business and employment opportunities… these are the real issues that affect the grassroots Indian. Even with an Indian deputy chief minister in Penang (P Ramasamy), it did not increase opportunities to improve the welfare of the Penang Indians. In fact, he (Ramasamy) has gone on record to say that he is not the representative of the Indians in Penang, and that he is there as a member of Pakatan, and that he is answerable to all members of the community.

By and large, the Pakatan Indian leaders have not made it their primary agenda to address the woes of the Indian community. And neither has Pakatan come up with any proposal in Penang or Selangor (which has a sizeable number of Indians) to address the mega-issues facing the Indians. Their whole approach has been ad hoc, sporadic and largely one-off, and merely for getting political mileage.

How is that different in terms of what MIC is doing?

In BN, the whole agenda of the MIC is purely Indian; we don’t have any other agendas as far as the MIC is concerned. Although when we take on government roles… we have different roles (to play). Until today, if there is any issue that affects the Indian community, people don’t blame Pakatan or its leaders for not solving it. The initial blame goes to MIC, and this is even done by the opposition when it has problems in its own state. There is already an acceptance that if it is an Indian issue, it has to be a MIC (issue). MIC is a huge structure that has nearly 3,600 over branches throughout the country, with a total membership of 600,000. I don’t think there is any other structure or network that can go to every area where there are Indians… MIC is part and parcel of the Indian community. It would not be fair to say that MIC has totally failed (the Indian community). There are events in the past which have left some bitter experience within the Indian community… But with all the improvements (we are doing), we hope the Indian community would be able to judge whether MIC is able to deal with the Indian issues or not.

Back to the general election, have the candidates been picked?

No, we’ve not done anything.

How about suggestions/proposals?

On the number of seats, we’ll probably be allowed to contest the same number of seats as before, that is, nine parliamentary and 19 state seats. We’ll be contesting in all of those seats.

Will there be more seats?

Unlikely to be more. Very unlikely there will be less.

Will there be seat swaps?

That’s possible.

How often do you discuss such matters with the (MIC) president (G Palanivel)?

Quite often.

Can we expect new, young faces?

I’m sure there will be. As in all elections, there will be a mixture of old and new faces. The final prerogative of deciding on the candidates is with the president (Palanivel) and Prime Minister (Najib Tun Razak).

Could you tell us any names at the moment?

No (laughs).

As for your own seat…

I’ll probably be contesting again in Segamat and we’ve been working very hard on that seat.

We’ve been told that you have been visiting your constituency every single week, without fail?

Yes, that’s true.

How do you gauge your winability there?

Well, it’s okay. But we cannot take it easy, given the current political developments. This election will be very challenging… we’re all working very hard to increase our chances of success.

There are rumours that (PKR vice-president) Chua Jui Meng is eyeing the seat (Segamat)…

There are rumours that many people are eyeing the seat, but we don’t give much (attention) to that. Because when you go for election, there will definitely be someone who is contesting against you; it could be any person, so you have to do your job and hope for the best.

What is your vision for the Indian community in your present position as a leader?

At the moment, the Indian community is trapped in the low-income cycle. And so we have to get this community out of that; a lot of their other problems are related to this cycle. The two areas that might assist us in that transformation are education and economic improvement. And we are focusing on them.

As far as Tamil schools are concerned, there has been major assistance from the government in the last three years; we’re also seeing students from Tamil schools improving (in their performance). I think that it’s going in the right direction.

We are looking into other ways of increasing the number of students entering public universities by increasing the number of matriculation places. About 500 students were given matriculation seats last year. We have proposed alternative mechanism to the government to make available another 1,000 places. This will increase the opportunities for Indian students in public universities.

In terms of economic performance, the government has created more opportunities to help the Indians, for example the recent announcement of Amanah Ikthiar, where dedicated amounts of loans will be given to the Indian community. Beside under the Tekun scheme, we’ve increased the loans. Now we’re asking for more opportunities for Indian businessmen to benefit from government projects. If these can be done, I think we might see an increase in the number of Indian businessmen. We can’t, of course, do an immediate transformation. But with a clear-cut agenda, we will be able to achieve it. So far the prime minister has been supportive, he has accepted the fact that Indians need assistance and support to get out of this (low-income trap).

Maybe, in the next 10 years or so, we’ll see a major transformation in the lower third of the Indian community, which is where all our problems are. We have a small upper-class Indian and we have a reasonably large middle class, which is quite independent. But our concern is the lower third, where all of our problems are: there is poverty, low income, dependency on the welfare system, crimes, social evils… Some 30 per cent of the total number in the working class are in the lower income group. Transforming them is our biggest challenge. Upward mobility for them can only come from education… So that is the way to get out.

Is freedom truly free?

The government cannot impose a complete ban on street protests unless they are willing to run afoul of the Federal Constitution.

COMMENT

After reading so many reports and articles on the Peaceful Assembly Bill especially with accusations being cast on both sides of the political divide, I believe that we have to go back to the root cause of the issue and examine it in a holistic and pragmatic manner.

First, we must go back to the fundamental question as to whether the law, specifically Malaysian law, really stifles dissent and tramples on human rights.

Indeed, we have examples of ministers using their discretionary authority under the law in cases where there is no probable cause. Therefore that would lead us to believe that power was abused.

Examples include the detention of a reporter, blogger Raja Petra Kamarudin and state assemblywoman Teresa Kok under the draconian Internal Security Act, as well as the extra-judicial declaration that “Bersih” T-shirts are illegal as they represent an illegal organisation.

I would submit that the examples I cited above represent a disproportionate response to the actual situation.

This leads to awkward explanations which include “she was detained for her own protection” and “because it represents an illegal activity” type of reasoning. Hardly impressive.

There is no doubt that the current Barisan Nasional (BN) government has a history of abusing its powers under the law in order to preserve its own affair.

However, by saying these arrests were made “to protect national interest and public property”, many people are led to believe by the mainstream media that the response was correct and proportionate.

Bersih 2.0

The rally that truly called into question the Police Act on illegal assemblies was indeed Bersih 2.0.

That day – July 9, 2011 – is a day which would truly go down in infamy. Dubbed “709″, we witnessed how the police doused the public with chemical-laced water and fired tear gas.

Retreating into Tung Shin Hospital gave no respite to the protesters when the Federal Reserve Unit personnel decided to fire tear gas and water cannons into the hospital compound.

A rally to call for free and fair elections, which was entirely peaceful, was turned violent by police manhandling the protesters. Protesters forced to disperse by violent means could have potentially created a stampede and it is only by the grace of God that there were not more casualties.

Being among the crowds, I believe that the response of the FRU personnel and police was truly disproportionate, although many quarters claimed they exercised a considerable amount of restraint. As a person who ingested tear gas into my system, I would beg to differ.

But what was worse than the police crackdown was the complete cover-up by the mainstream media. The government went all out to deny the truth, and published its own version of events. This is despite an enormous amount of photographic and video evidence, which were posted in real time as the event occurred.

So perhaps the true question that arises is: despite promised reforms, including the repeal of the Internal Security Act (ISA) and introduction of the Peaceful Assembly Bill, where is the check and balance to prevent ministers from abusing their discretion under the laws or issuing extra-judicial proclamations?

Section 27 of the Police Act

The law that is causing the most controversy is Section 27 of the Police Act 1967, which deals specifically with illegal assembly.

The draconian law prohibits any kind of public assembly and gave the police the power to detain persons involved without a warrant.

Holding a demonstration requires a police permit, and senior district police officers have the absolute discretion to approve or deny the permit. Additionally, under subsection 2, they can cancel the permit at any time.

Police also “may do all things necessary for dispersing them and arresting them”. The scope of this provision is massive, which would protect the police from any allegation of brutality.

There is no doubt that this section has to be abolished. It is fundamentally unconstitutional as it contravenes Article 10 of the Federal Constitution, which guarantees the right to assemble peaceably.

After tremendous pressure, the BN government appeared to relent by tabling the Peaceful Assembly Bill.

Truly a reform?

After a lot of condemnation from the Bar Council and opposition MPs, we have to examine whether or not it should be called the “Anti-Assembly Bill” or “Illegal Assembly Bill” as proposed by some quarters.

Notice of the assembly was proposed to be 30 days, which has since been revised to 10 days, after Myanmar’s assembly bill which specified a five-day notice put us to shame.

Under the Police Act, no time period is specified. However, the need for a police permit is eliminated. I would take this development to be a good thing.

However, let’s look into the more contentious part of the Bill. The RM10,000 fine for participation in what is deemed as an illegal assembly, the prohibition of children at gatherings, barring an assembly from a prohibited place – all these place a complete ban on street demonstrations. Moreover, the same scope of power is given to the police as under Section 27 of the Police Act.

This throws up a lot of issues which would potentially cripple the freedom to assemble as enshrined in Article 10 of the Federal Constitution.

Firstly, the fine of RM10,000 is clearly to deter anyone from coming to a demonstration. Who can afford to pay RM10,000? So, even if the cause is legitimate and of national concern, if the police use their discretion to prohibit the assembly, the citizen is penalised heavily as a result.

The prohibition of children is contentious as gatherings are supposed to be peaceful, and families would bring their children along with them.

Penalising the parents for bringing their children along, rather than leaving them at home, would be another reason for people to avoid protests.

Additionally, there is the question of enforcement. When tear gas and chemical-laced water are fired, would the police round up the children first? Unthinkable.

With the list of restricted places so extensive, it appears that protest cannot happen unless you are out in the countryside! The government would say that this is to protect the interests of the people, but basically it is to give the police an excuse to accuse the group of being in a prohibited area, and thus have the authority to disperse the assembly.

This would be especially true of any ceramahs held by the opposition parties, and would affect whoever is in opposition in future.

No to street demos

However, the one thing that riles up opposition MPs more than anything else, is the prohibition of street demonstrations, and that police are given the same scope of powers under the Bill.

This would mean that Bersih 2.0 would be handled in exactly the same way under the new law as under the old. For many, this is unacceptable.

Not everyone agrees with street marches, demonstrations or protests, but to place a complete ban on them would contravene the spirit of Article 10 of the Federal Constitution. Even our courts agree, as evident in Cheah Beng Poh & Ors v Pendakwa Raya [1983] 1 LNS 65. The High Court Judge Hashim Yeop A Sani ruled:

“The court as guardian of the rights and liberties enshrined in the (Federal) Constitution is always jealous of any attempt to tamper with rights and liberties. But the right in issue here, that is, the right to assemble peaceably without arms is not absolute for the Constitution allows Parliament to impose by law such restrictions as it deems necessary in the interest of security and public order. In my view, what the court must ensure is only that any such restrictions may not amount to a total prohibition of the basic right so as to nullify or render meaningless the right guaranteed by the Constitution.”

In the case of Sivarasa Rasiah v Badan Peguam Malaysia & Anor [2010] 3 CLJ 507, Federal Court Justice Gopal Sri Ram wrote:

“Now although the article says ‘restrictions’, the word ‘reasonable’ should be read into the provision to qualify the width of the proviso… The correct position is that when reliance is placed by the State to justify under one or more of the provisions of Article 10(2) of the Federal Constitution, the question for determination is whether the restriction that the particular statute imposes is reasonably necessary and expedient for one or more of the purposes specified in that article.”

Therefore, the BN government cannot impose a complete ban on street protests unless it is willing to run afoul of the Federal Constitution.

Law vs Freedom

So is there a need for a law to govern Article 10, or shall we just leave the law as it is? I believe that we certainly have a need for a law to govern this.

However, does making a law impinge on our ability to exercise our rights as per the constitution?

The issue of peaceful assemblies has certainly been a contentious one in our country, and most recently we saw 300 people stage a protest at the KLCC park against the Bill. But is it correct to allow an absolute freedom?

Some argue that societies with sufficient maturity should not have their rights infringed upon by legislation.

However, I would liken this to removing all the lines, traffic lights, zebra crossings and speed limits on our roads. Now people are truly free to drive on the road, but would you dare? True freedom has boundaries. That way, we know the parameters to operate within.

Therefore, a Peaceful Assembly Bill is certainly essential. However, does the current piece of proposed legislation do us justice? I would submit that it does not. Laws must give space and act as guidelines, but not to the extent that it is stifling.

What are the main issues? One is public security, and the concern that a protest may turn violent. Where this is indeed the case, the burden of responsibility should lie on the shoulders of the culprits and the organisers.

What this would do is that protesters would be able to self-police in order to prevent such incidents from occurring.

How about public order? This is where the police come in. If it is indeed a street protest, the police can cordon off the route and ensure that order is kept by escorting the procession to its final destination. This would ensure that there is no damage done, and the peace is kept. Traders along the way may experience a small interruption, but a business blackout like during Bersih 2.0 would not occur.

I believe that Prime Minister Najib Tun Razak is serious about making Malaysia “the world’s best democracy”. However, Malaysia as a member of the United Nations Human Rights council should surely be held to a higher standard.

Today, lawyers from the Bar Council and others will march to Parliament. Najib has a golden opportunity to do the right thing. Heed the voice of the people and make the appropriate amendments.

Douglas Tan obtained his law degree from the University of Nottingham and currently works in the manufacturing industry. He is an active member of the DAP but does not let it define his opinions.