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Thursday, 24 July 2014

Dozens feared dead in Taiwan plane crash


(CNN) -- A twin-engine turboprop plane crashed Wednesday in Taiwan's Penghu Islands, according to Taiwan's Central News Agency. CNN affiliate ETTV reported that the plane crashed into a residential building.

Officials are fearful that dozens have died, though Taiwan's Transportation Minister Yeh Kuang-shih told reporters there were no casualties on the ground.

Injured passengers have been rushed to Penghu Hospital, and TransAsia Airways has established an emergency response center, according to a statement issued by the airline.

The Penghu Islands are off the west coast of the main Taiwanese island.

The president of TransAsia Airways, Chooi Yee-choong, appeared briefly at a press conference and bowed in front of news cameras. He choked up as he expressed his sorrow to passengers' families and the public for the tragedy. "I sincerely apologize," he said.

There were 54 passengers and four crew aboard, said Jean Shen, the director-general of the Civil Aeronautics Administration.

Before Flight GE222 took off from Kaohsiung, Taiwan, it had been delayed due to conditions related to a typhoon, the airline said.

"TransAsia Airways is exhausting all means to assist passengers, victims and families" and working with investigators, its statement read.

The transportation minister said that two French nationals were among those on board, and French authorities have been notified.

One of the plane's "black box" data recorders was recovered and investigators will examine the crash site Thursday, the minister said.

CNN is working on getting details about the crash, and has spoken with Taiwan's Civil Aeronautics Administration, which is saying only that dozens are missing and others are hospitalized. Officials caution that numbers could change.

The plane crashed near Magong Airport at about 7 p.m., according to CNA. Witnesses told ETTV that they saw homes on fire.

The cause of the crash is unknown so far.

Some media reports said strong winds from Typhoon Matmo, which hit Taiwan early Wednesday, forced the plane to attempt a crash landing.

Shen told reporters that visibility at Magong Airport at the time of the plane's attempted landing was about 1,600 meters (1 mile) and considered acceptable for landing.

Nurul Izzah: Iktiraf Mahkamah Jenayah Antarabangsa (ICC)

Jihadists organise tours in their Syria, Iraq 'caliphate'

BEIRUT: Known for kidnapping, public stonings, lashings and executions, the Iraq and Al Sham (ISIS) is now expanding into tourism, taking jihadists on honeymoon and civilians to visit other parts of its “caliphate”.

Running twice-weekly tours from Syria's Raqa to Iraq's Anbar, ISIS's buses fly the group's black flag and play jihadist songs throughout the journey.

One of the first clients was Chechen jihadist Abu Abdel Rahman al-Shishani, aged 26, who took his new Syrian wife on honeymoon, according to activist Hadi Salameh.

“Just after they got married, he took her to Anbar. These jihadists are very romantic,” Salameh joked.

But the two weren't able to sit together, because “women sit in the back, and men at the front. The bus driver plays jihadist songs all through the ride, and the ISIS black flag flies over the bus. ISIS proclaimed a 'caliphate' last month straddling Iraq and Syria. According to a rebel from eastern Syria, the tours started operating immediately afterwards.

It firmly controls large swathes of northern and eastern Syria, the Iraq-Syria border, and parts of northern and western Iraq.

Salameh said the group's tour buses “start their journey in Tal Abyad (on Syria's Turkish border) and end in Iraq's Anbar. You can get off wherever you want, and you don't need a passport to cross the border. “The activist, who lives in Raqa and uses a pseudonym to avoid retribution from ISIS, told AFP via the Internet the company is for profit.

“Of course it's not free. The price varies, depending on how far you go on the bus,” Salameh said.

Armed escorts

Syrian rebel Abu Quteiba al-Okaidi, who is from the border province of Deir Ezzor, said most of those who use the buses are foreign jihadists.

“Most of them are foreigners. They communicate in English, and wear the Afghan-style clothing preferred by jihadists,” Okaidi told AFP by telephone.

“There is a translator on the bus, who explains to them where they are going. The men on the bus are not armed, but vehicles carrying armed escorts accompany the bus,” he added.

ISIS has its roots in Iraq, but spread into Syria in late spring last year.

It gradually took over Raqa city in northern Syria, and transformed it into its bastion.

In June, ISIS spearheaded a lightning offensive in Iraq that saw large swathes of the north and west of the country fall from Iraqi government hands.

Abu Ibrahim al-Raqawi, another activist living in Raqa city, said “tour buses run twice a week, on Wednesday and Sunday. It works like any bus company would, except that it treats areas under ISIS control in Iraq and Syria as one state. “He also said the bus company is “popular” among those with relatives in Iraq.

“Many people living in this area (northern Syria through western Iraq) have tribal ties stretching across the border. So they use these buses to visit their families,” said Abu Ibrahim.

Speaking to AFP via the Internet, Abu Ibrahim also said others take the bus “to do business, while some just want to take a break from the shelling in Syria”.

Syria's war began as a peaceful movement for democratic change, but was transformed into a war after Damascus unleashed a brutal crackdown on dissent.

Many months into the fighting, jihadists began streaming into Syria.

Time for Parliament reform

In 2011, Malaysians were promised by the Najib Abdul Razak administration that there will be “functional and inclusive democracy”, which he solemnly declared in his Malaysia Day message.

However, making the Parliament function and inclusive is an uphill task and only rarely exciting. One such rare instance was the Parliamentary Select Committee on the Penal Code and Criminal Procedure Code in 2004, where parliamentarians went round the country soliciting views and debating with the public.

The other time was by the Select Committee on National Unity and National Service. Since 2004, we have not experienced any such consultations.

There are many issues of concern surrounding the Parliament and not surprisingly, people have lost faith in the process of law and policy making.

In a study carried out by Ngeow Yeok Meng, et al on ‘Politeness and Ethnic Sensitivities in the Malaysian Parliament’ (2008), she found that out of 222 MPs, 5 percent or 10 MPs were found to be involved in using negative remarks to attack others or to defend themselves, with name-calling using animals such as pigs and snakes or adjectives like “biadap” (rude) and so forth. Not to mention unchecked sexist remarks by parliamentarians such as Bung Moktar Radin.

The larger assault to parliamentary democracy other than name-calling is of course the deliberate acts to silence debates, making one wonders what is still left of democracy in the Parliament.

Recently, N Surendran (Padang Serai) and Fuziah Saleh (Kuantan) were slapped with six-month suspensions for simply questioning the speaker’s decision. Their suspension was not given sufficient time for Parliament to debate but rushed through by the speaker.

In 2011, the passing of the Peaceful Assembly Act was completed within seven days of its introduction. The opposition MPs walked out in protest at the limited time allowance for debate on the amendments to the bill.

We also have a situation where, within one day, eight bills were rushed through on April 19, 2011, including crucial bills like the Election Offences (Amendment) Bill 2012, Universities and University Colleges (Amendment) Bill 2012, and Printing Presses and Publications (Amendment) (PPPA) Bill 2012.

As a result of bad law-making, students and academicians are now taken to task, suspended or persuaded to even take early retirement for expressing views deemed to be anti-government. Also, the PPPA still hovers over media companies’ existence with avenues remain closed for constructive amendments.

All these are but symptoms of an executive-controlled Parliament, with powerful and unelected (i.e., unpunishable by voters) speaker, partisan and arbitrary agenda setting, last-minute tabling of bills, inadequate debate time, unanswered or poorly answered parliamentary questions, no room for non-governmental business, insufficient resource support for MPs, and last but not least, lack of public consultation, access and participation in legislative processes.

Now, what “functional and inclusive democracy”, if we do not even have a functional and inclusive parliament? And, if the August House is but a rubber-stamp of the executive?

Urgent need for reform and public confidence-building

Parliamentary reforms need to happen to restore public confidence. It will restore effective legislative function, give MPs a more meaningful space to debate and counter-propose in the formation of laws and public policies, allow for public feedbacks as well as to ensure we truly have a working, “functional and inclusive” parliament.

Bersih 2.0 and like-minded civil society groups are now working on a comprehensive agenda on parliamentary reform. We would like to invite all concerned members of the public to share with us their knowledge and insights. Here are some of the issues we are looking into.

1. Reform of speaker’s power

The speaker and deputy speakers now enjoy unchecked power and their partial decisions confirm their representation of the interests of only one coalition, and not the entire Parliament. To make matters worse, the speaker is not even an elected parliamentarian so much so he can never be punished by voters!

Hence, it is timely to review the Standing Order that govern the day-to-day running and rules of debates in Parliament, the discipline and code of conduct of MPs, and public businesses.

2. Non-governmental business

In place of the speaker and his deputies’ unquestionable discretion, there must be a bi-party or multiparty mechanism to set the agenda of the House. The parliamentary session now is exclusively occupied by governmental business such as bills tabled by ministers, leaving no room for non-governmental businesses.

Reforms must take place for government backbenchers and opposition parliamentarians must be able to push their agenda. These include (a) greater priority to private members’ bills to ensure they are debated; (b) “voting by division” on every bill and conscience voting so that MPs can take individual positions and not be held back by party whips; (c) recognition and access to ministerial information for shadow cabinet; and (d) “opposition week” for the opposition to raise issues.

3. Ample time for questioning and debates

Time allocation must be reasonable that it is not used as a convenient excuse to bury the opposition or backbench questions. To begin with, question time should be extended to ensure a maximum number of questions - especially the difficult ones - get to be answered orally. There should also be Prime Minister’s Question (PMQ) Time so that the prime minister can be scrunitised and grilled by opposition MPs and government backbenchers.

For tabling of bills, MPs must be given ample time to study the bills and prepare for the debates by way of stakeholder consultation amongst others. Only then, parliamentarians can play the role of lawmakers to propose amendments when necessary and not just be reduced to the rubber-stamp of the Attorney General’s Chambers (AGC), which is now the de facto lawmaking body.

This would mean more days that the Parliament should convened in a year.  In 2012, the Dewan Rakyat met for 68 days or precisely 560 hours 58 minutes. Divided by 222 MPs, on an average an MP had only 2 hours 31 minutes 37 seconds to speak and be heard of the entire year in 2012.

This also comes back to the size of the Parliament. The more MPs, then the less time each of them can speak, and they are more inclined to go for their 15 minutes of fame rather than deliberating on laws and policies substantially.

4. Parliamentary committees

Modern Parliaments set up standing and select committees to facilitate division of labour amongst MPs. This is however under-utilised in the Malaysian Parliament, and most members of the public have probably only heard of one standing committee, the Public Accounts Committee.

With members from across parties, standing committees can be set up to monitor ministerial business or to formulate specific laws or policies. One important advantage of such committees is that they facilitate public access and participation in the legislative and policy-formulation process through mechanisms like hearings, making the political system more consultative.

5. Research support for MPs

MPs are usually left to their device to carry out their own law and policy researches with little or no support in terms of staff and availability of data or information. A handful of Parliament staff are allocated and shared by 222 parliamentarians and this limits building substantive debates that could happen. Budgets need to be set aside to build capacity and support from resource staff.

Parliamentary reform hand-in-hand with electoral reform

At the end of the day, what we really need is an institutional reform of Parliament so as to rebuild it to represent the democracy that we want. The problem will not get fixed even if we see a change of government.

This requires political will, not just from the political parties, but also from the public. Parliamentary reform must be seen as an inseparable extension to electoral reform.

Really, what is the point of fighting for free and fair elections if that would only deliver us dysfunctional parliament and legislatures?



MARIA CHIN ABDULLAH is the chairperson for the Coalition for Free and Fair Elections 2.0 (Bersih 2.0) and the executive director of Empower. She believes politicians are bad masters if not made good servants through free, fair and competitive elections. Bersih 2.0 is having a fund raising dinner to support its work on free and fair elections. More information here.
 

IGP insists police don't favour any race

 
Police have cautioned the public against accusing it of favouritism by questioning its actions in three cases involving the social media.

Inspector-General of Police Khalid Abu Bakar said that those who make comparisons between the three cases imply that police favour certain races, but in fact, the cases differ due to technicalities of investigations.

"In the case of Siti Fairrah Ashykin Kamaruddin the investigation was swift as she had given full cooperation, surrendered and pleaded guilty.

"In the case of Muhammad Zahier Afiq Zarol Nizam, the man recorded kicking him has yet to come forward to assist and police are asking anyone who has information to assist in order to sped up the matter.

"As for Alvin Tan's case, investigations have led to a court case which is still pending.

"Clearly police perform its duties according to procedures and the law, not selectively according to race or religion," he said in a statement.

Siti Fairrah Ashykin was yesterday sentenced to RM5,000 fine and 240 hours of community service following a viral video of her hitting the car of senior citizen Sim Siak Hong, 68, with a steering lock after a fender bender.

Following the conviction, netizens have shared a 2013 viral video of Muhammad Zahier Afiq repeatedly kicked in the face by a Chinese man, and questioned why police are not acting against the man.

Careful what you share

Others have also disseminated a “collection” of videos uploaded onto the internet of ethnic Chinese men arguing with police to get out of a traffic fine, purportedly to show that Chinese people get away scot-free.

Alvin Tan (right) and his girlfriend Vivian Lee were charged with sedition for making a Facebook posting about breaking fast with a pork dish, which was accused of being insulting to Muslims.

Meanwhile, Khalid also advised netizens to be careful in their interactions as there are law against disseminating false information.

He said that those spreading false information can be jailed for no more than one year or fined up to RM50, 000 or both under the Multimedia and Communications Act, while seditious postings can send someone to jail for up to three years or fined up to RM5,000 or both, for the first offence.

"Internet users must be wise in reviewing the information they receive and not be too excited to share it with a third party, as such sensitive issues can undermine racial harmony, public order and national safety.”

Meanwhile, according to Bernama, police denied allegations of racial clashes which supposedly occurred in Buntong, Ipoh as spread via the social media recently.

Perak police chief Acryl Sani Abdullah Sani stressed that there were no such incidents and they did not receive any reports regarding the incident.

"The situation in Ipoh city is safe and under control. Life goes on as usual and the public do not need to worry about going out for activities," the news agency quoted him as saying today.

Acryl Sani cautioned the people against the spread of unsubstantiated information as it can disrupt public order.

Pro-Russian militant admits to shooting down of flight MH17, reports Italian daily

This screenshot from a YouTube clip shows the first signs of the downed MAS flight MH17 after it had crashed in pro-Russian separatists-controlled Donetsk in eastern Ukraine last Thursday. - July 23, 2014.An Italian newspaper has reported the shocking admission by a pro-Russian militant that his unit had shot down Malaysia Airlines flight MH17 last Thursday.

Corriere della Sera reported today an interview with the militant who had unabashedly said pro-Russian forces mistook the passenger plane for a Ukrainian military one.

The report continued with the militant saying that he and his fellow unit members were told to prepare to engage with Ukrainian forces, who would have bailed out of the suspected military aircraft, once they reached the ground.

“On Thursday afternoon, our commanders ordered us to get into the lorries with our weapons and plenty of ammunition. Perhaps 10 minutes earlier, there had been a huge explosion in the sky.

"‘We’ve just shot down one of the Kiev Fascists’ planes’, they told us, warning us to take care because at least some of the crew had reportedly bailed out," the militant told the Italian daily during an interview at the Torez railway station where the train containing the remains of flight MH17's victims had earlier departed for Kharkiv.

“My men and I were looking for parachutes on the ground and in the trees. All of a sudden, I saw scraps of material in a clearing.

“Underneath, I found the body of a little girl, who can’t have been more than five. She was lying face down. It was awful. That was when I realised it was a civilian plane. Not a military one," he was quoted as saying in the interview.

While refusing to give his name and rank, the 31-year-old militant said he was a member of the Oplot paramilitary unit, which, according to Corriere della Sera, has been tasked with guarding the crash site ever since the plane was brought down last Thursday.

This shocking revelation comes five days after separatist leader Igor Girkin had initially posted on social media that the rebels had brought down flight MH17, claiming responsibility for shooting down what they believed to be a Ukrainian military aircraft.

In the posting, which was reportedly made about 30 minutes after the incident, Girkin had written “In the vicinity of Torez, we just downed a plane, an AN-26. It is lying somewhere in the Progress Mine. We have issued warnings not to fly in our airspace.”

The post was deleted not long after, when it was discovered that the plane they shot down was a civilian aircraft.

The next day, a Ukrainian daily published what it said were recordings of phone conversations, firstly between Russian intelligence officers and, subsequently, between separatist commanders, about a downed passenger plane believed to be the crashed flight MH17.

Since MH17 was downed last Thursday, a blame game has ensued between Ukraine and Russia over who is responsible for the deaths of the 298 on board the aircraft which was shot down in eastern Ukraine while on the way from Amsterdam to Kuala Lumpur.

All 283 passengers and 15 crew died in the tragedy, with close to 200 of them being Dutch citizens.

The first flight carrying remains of most of the 298 victims has arrived in the Netherlands today, after leaving the facility in Kharkiv.

Hindraf slams ex-CJ

Hindraf wants police to probe Abdul Hamid for sedition.

GEORGE TOWN: Civil rights movement, Hindraf wants the police to investigate former chief justice Abdul Hamid Mohamad for allegedly inciting racial hatred in a seditious speech at a recent Islamic discourse in Kuala Lumpur.

Chiding Hamid as “racist”, Hindraf national chairman P Waythamoorthy called on the police to be impartial and apply the law equally and take action under the Sedition Act 1948.

He said if politicians, elected representatives, reform minded advocates and activists can be charged on flimsy grounds, there should be no reason not to charge Hamid as well.

In his speech, Hamid had alleged that the position of Islam as the official religion was under threat in DAP-led Penang.

He is alleged to have said that non-Muslims also wanted their respective religions to be given the same status.

Waythamoorthy said it was appalling that time and again extreme leaders and irresponsible individuals were inciting racial hatred when Malaysia should have moved on to be a united nation of peace and harmony.

He said Hamid’s utterances were nauseating and degrading to all Malaysians and is intended to instigate ill feelings amongst the Malay community.

“There cannot be a better term to describe the former chief justice other than being ignorant, who had forsaken all that he studied in law school.

“It’s a grave concern to know that a man with such a racist and extreme mindset has led the Apex court in Malaysia and delivered countless judgements,” he said.

The forum here in which Hamid spoke was organised by Yayasan Dakwah Islamiah Malaysia (Yadim) and attended by representatives from various Malay non-governmental organisations, including Perkasa and the Muslim Consumers Association.

Waythamoorthy also said Hamid was wrong to say that millions of migrants were bestowed citizenship at the stroke of midnight on August 31, 1957.

He said the ex-chief justice should look at historical documents, which clearly reveal that Malay rulers had encouraged the migration and settlement of Indians and Chinese in Malaya.

He said the rulers had agreed to provide land and places of worship to Indians and Chinese to encourage them to make Malaya their permanent home more than a hundred years ago.

He said Penang and Malacca, which were straits settlement like Singapore and Hong Kong, were given separate consideration during the independence talks as there were neither special privileges nor rulers in these states.

He said freedom of religion in these states was an absolute freedom as was practiced in accordance with international standards.

Hence, he said upon Tunku’s assurances of fundamental rights and equality to all races, Malacca (Melaka) and Penang became part of Malaya.

“It is a sin to deny Chinese and Indians their legitimate rights after contributing to this country for more than 200 years when recent migrants from Indonesia, Bangladesh and Pakistan enjoy the status of special privileges while some have even become Cabinet Ministers,” said the Hindraf chairman.

Polis buru lelaki pukul remaja kerana mencuri

Padah 'naik angin' di tempat awam, lagi kes pukul tersebar di laman sosial.

KUALA LUMPUR: Pihak polis kini sedang memburu seorang lelaki yang telah membelasah seorang remaja yang ditangkap kerana mencuri berdasarkan rakaman video yang tersebar menerusi laman sosial sejak beberapa hari yang lalu.

Menurut Ketua Polis Negara, Tan Sri Khalid Abu Bakar, insiden yang berlaku pada September 2013 itu adalah sama sekali tidak wajar dan kertas siasatan kini dibuka.

“Tangkapan awam boleh dilakukan di bawah prosedur kanun acara jenayah, namun pesalah tidak boleh diperlakukan sebegitu, kena serah kepada polis,” katanya

Menurutnya, orang ramai yang mempunyai sebarang maklumat mengenai lelaki berkenaan diminta tampil untuk membantu siasatan agar polis dapat menjejakinya.

Rakaman video selama satu minit empat saat itu menunjukkan seorang lelaki bertindak menendang seorang remaja di bahagian muka kerana tidak berpuas hati terhadap remaja berkenaan.

Ini menimbulkan reaksi negatif dari orang ramai apabila video itu tersebar di laman-laman sosial.

Way cleared for Wan Azizah to be MB

Anwar Ibrahim tells reporters that both PAS and DAP have agreed to support the change.


By Puteri Sabariah

PETALING JAYA: PAS and DAP have agreed to a PKR proposal for Dr. Wan Azizah to be appointed the new Menteri Besar of Selangor, PKR defacto leader Anwar Ibrahim told a press conference today.

“PAS and DAP have agreed that the Menteri Besar’s post will be from PKR,” Anwar said adding they respect this informal arrangement between the parties.

PAS rules Kelantan while the DAP has Penang and there is no dispute over PKR’s rule in Selangor even though PKR only has 14 seats compared to 15 each for PAS and DAP .

Anwar left after the brief press conference.

He also said he will step down as Selangor Economic adviser once Dr. Wan Azizah becomes the Menteri Besar.

He also pointed out that he will not be holding any official post if Dr. Wan Azizah is to replace Khalid Ibrahim.

“The coalition parties – PAS and DAP – will bring the Kak Wan proposal to their respective parties,” Anwar said.

Khalid has said he would like to complete his second term as Menteri Besar till 2018 but Anwar wants Dr. Wan Azizah in the post after Hari Raya, which falls on July 28.

When asked about what would happen if Khalid refuses to step down, Anwar said the party’s leadership would discuss the matter with him.

“The process is still on-going now, and please dont be presumptuous.” Anwar said.

Anwar said PKR deputy president Azmin Ali was also one of the candidates to replace Khalid but the party picked Wan Azizah based on “consensus”.

Leaders from DAP and PAS, including PAS deputy president Mohamad Sabu and DAP secretary-general Lim Guan Eng were also present when Anwar made the announcement.

Khalid’s tendency to unilaterally make decisions in administering Selangor was what had stirred dissatisfaction among Selangor leaders especially from PKR and DAP.

PKR and DAP Selangor both have been critical of Khalid’s performance as Menteri Besar as well his handling of issues, such as water shortages, the Bible seizure and the Kidex highway.

Can secularism benefit Malay-Muslims? - TMI

Secularism has been seen largely demonised amongst Muslims in Malaysia but widely embraced by Muslims from Indonesia in the east to Tunisia in the west. Does religion explain this stark difference?

While theologians may offer nuanced ideational explanations, allow me to offer a simple analysis from the perspective of group competition and power relations.
Secularism is fundamentally about the impartiality of state in the religious sphere, and by derivation, full religious freedom for all. This could mean at least three things to different people.

First, it is about the relationship between the faithful and the atheists. Second, it is about the relationship between the faithful of different religions. Finally, it is about the faithful of different denominations within the same religions.

Secularism has been a dirty word for Malaysian Muslims largely because of the two legacies: the Kemalist legacy in Turkey and the British legacy in Malaya.

The Kemalist Legacy

Beyond Malaysia, hostility is the natural reaction of many Muslims to the militant secularism espoused by Kemal Atartuk.

In Kemalist Turkey, generations of religious Muslims were suppressed and marginalised because of their faith, until the recent rise of Recep Tayyip Erdogan’s Justice and Development Party (AKP).

The state does not only refuse to be partial to practising Muslims but has become partial against them. Like atheist states, militantly or absolutely secular states see religion as a threat to their own existence. This is completely different from the past Muslim Empires – not unlike most polities with an established faith – which were explicitly partial to Muslims.

Perhaps more upsetting for many Muslims is that, in the making of Turkish nationalists, Kemal denied Muslims both inside and outside of Turkey their political identity as Muslims protected and united by a Caliphate.

On the ruin of Ottoman Empire, the last Caliphate which met its end soon after its humiliating defeat in the First World War, Kemal wanted to radically Westernise Turkey both politically and culturally so that she could cease to be the “Sick man of Europe”.

Not unlike what was advocated by some nationalists in China, then the “Sick man of Asia”, for Kamal, modernisation required a thorough break with one’s own cultural root and imitating the enemies.

This is of course emotionally traumatising and enraging for many Muslim nationalists, for whom Islam is the symbol of resistance and political unity.

Why secularism is seen as synonymous as atheism or anti-Islam by many Muslims is then perfectly comprehensible.

The indirect British Legacy

Interestingly, the negative image of secularism may have its second root in the British colonialisation, despite the British's conscious efforts in grooming the Anglophile, conservative and secular Malay elites. Unintended consequence if you will.

What happened? If secularism essentially means state impartiality towards citizens of different faiths, then in the context of Malaya/Malaysia, it would have to mean impartiality between Muslims and non-Muslims, which is at the heart of the 1946 question.

This becomes clearer if we compare Malaya/Malaysia, with Indonesia.

There, the Dutch colonisation not only did not create a religious majority as the communal core for the future nation. It led to the emergence of Christian communities, not just in remote islands like Ambon and Flores, but also in the main island of Jawa, fragmenting the indigenous communities.

Secularism became the rational choice of Indonesian nationalism both during and after the colonial era. Like multi-religious India, Indonesia may break up if secularism is replaced by the explicit dominance of any faith and religious assimilation creeps into the nation-building agenda.

In Malaya, the British moved beyond the port colonies of Straits Settlements to actively intervene in the inland Malay states only as late as 1874. Taking the lesson from the religiously-triggered Indian mutiny in 1857, the British decided to opt for indirect rule in the Malay states to minimise disturbance.

In doing so, the British not only strengthened the Malay states but, through affirming the Malay rulers’ power in religious affairs and Malay custom, also religion as the ethnic boundary of the Malays. That is the historical basis of why “Malays” are by definition Muslim, as stipulated in the Article 160 of the Federal Constitution.

With the Malays being all Muslims and the non-Malays being largely non-Muslims, secularism in the sense of state impartiality towards citizens of different faiths may basically reduce the differential in citizenship rights between the Malays and non-Malays.

In other words, secularism as religious equality is inherently contradictory to the logic of building a Malay-nation, an agenda crytalised in 1946 and established two years later.

Granted, Umno’s Anglicised, Anglophile, conservative elites led by Tunku, Tun Razak and Tun Hussein and pre-Reformasi Mahathir never wanted an Islamic state.

But they only upheld secularism as intra-Muslim religious freedom – in the sense of minimum penetration of the state by religious authorities, but not interfaith religious equality.

In fact, for Sabah and Sarawak, 51 years of Malaysia has been largely a process of erosion of secularism to serve the agenda of Malay nationalism, where non-Muslim Bumiputeras are to gradually become Muslim Bumiputeras and eventually Malays.

Aggressive conversion of non-Muslims into Islam under Tun Mustapha’s Usno and Harris Salleh’s Berjaya was much despised by Christian Bumiputeras in Sabah.

Years before the word Allah became an issue, non-Muslim Bumiputeras had complained about religion-based discrimination in public sector employment and the enjoyment of Bumiputera privileges.

Many “liberal-lifestyled” Muslims supported Umno in the past because it stood for intra-Muslim religious freedom, as compared to policing of Muslims advocated by hard-line Islamists in PAS.

The question is: if secularism as interfaith equality must be weakened by the day to maintain the regime, how long can intra-Muslim religious freedom remain?

The intra-Christian origin of Secularism

Secularism has no future in Malaysia if it remains a dirty word and not a glorious cause for the Malay-Muslims.

But should Malay-Muslims uphold secularism? Can secularism actually benefit the Malay-Muslims?

The answer is a clear “No” if secularism is still seen in the lens of Kemalist legacy, that it means de-Islamisation for the sake of modernisation.

But why should secularism mean the denial of one’s civilisational root? Where the Arab Spring started, Tunisia under an Islamist government has just adopted a secular constitution and guaranteed religious freedom and equal citizenship.

From an ethno-nationalist perspective, the answer is also a clear “No” if this is all about giving the minorities equality.

But this is where the history of secularism in Christian Europe should be revisited.

Secularism was not born out of the need of Christians to deal with the pagans, Jews or Muslims, or to grant these infidels religious freedom. Religious tolerance was not a virtue of Christians in the medieval Europe. The Jews were treated much better in the Muslim Empires than the Christian States. Neither was secularism established to advance atheism.

Secularism was much driven by faith. Rivalry between the kings and the Catholic Church and the growth of secular thought and capitalism did not turn Christian Europeans into atheists. These forces only divided Christians into Catholics and Protestants, many of whom died to defend and advance their faiths.

Today’s rigid view of secularism as absolute separation of state and religion is too much rooted in post-Revolution France, which influenced Kemalist Turkey.

Some one and a half centuries before that, the order of proto-secularism was actually laid by the 1648 Westphalia Treaty to end religious wars between Catholics and Protestants.

The treaty, on which today’s international system of sovereign nation-states are founded, affirmed the “religious freedom” of both the states and their subjects. The kings and princes were free to decide the official state of their polities, but their subjects were also free to choose their faith and entitled to equal treatment before the law. Religious disputes were resolved through secular procedures that excluded religious reasoning.

Secularism thus freed Christians of different denominations from unnecessarily deaths in the name of faith, and later by extension, provided for religious freedom for non-Christians including Muslims. While Christian Europeans later continued to die over nationalism and ideologies in the centuries to come, the Westphalian secularism removed religion from the list of reasons to kill.

One only needs to look at today’s European Union to see the benefit of secularism. Can the European Union simply be possible if the states need to choose between Catholicism, various denominations of Protestantism and Orthodoxy as her official religion?

Ever wonder what would happen to Palestine if the Arab League can be united like the EU? Ironically, the self-styled Caliphate of the Islamic State (formerly Islamic State of Iraq and Sham) actually hopes to unite the Muslims by slaughtering all who oppose their rule – the antithesis of secularism.

Hundreds more times of Muslims had to die in the wars in Syria and Iraq – hell will break loose if Saudi Arabia and Iran directly enter the battlefields – because these Muslim states were, are and can be partial either to Sunnis or Shias or Alawites. Muslims die and suffer, not so much over the theological differences as for each group's survival.

Coming back to home, can Westphalian secularism benefit the Malay-Muslims?

Yes, if the goal is to have the space to be both more pious and more united, as per the Amman Message, which recognises as valid all the main schools of Islamic thought – Sunni, Shia, Ibadhi, Ashari, Sufi and Salafi?

After all, spirituality is about what we can believe while dominance is about what others cannot believe, lest we get confused.

Uproar after India MP ‘force-feeds’ fasting Muslim worker

(The Rakyat Post) – India’s Parliament erupted in anger on Wednesday after television footage showed a hardline Hindu nationalist lawmaker apparently trying to force-feed a Muslim man during the fasting month of Ramadan.

Opposition Congress MPs launched raucous protests in the Parliament, saying the lawmaker had violated the man’s religious beliefs by aggressively trying to shove a chapati or piece of bread in his mouth.

“It is absolutely reprehensible and should be condemned in the strongest possible manner,” Congress party spokesman Manish Tewari later told reporters.

The lawmaker is from the hardline Hindu nationalist outfit Shiv Sena, a key ally of Prime Minister Narendra Modi’s party which swept to power at May elections.

The incident is likely to fan concern among Muslims and other religious minorities over Modi’s Hindu nationalist Bharatiya Janata Party (BJP) government.

The footage, aired on national television, showed a group of Shiv Sena lawmakers confronting a catering supervisor last Thursday in New Delhi.

The lawmakers were complaining about the quality of food offered at a guest house for officials from the state of Maharashtra, where Shiv Sena is based.

The footage showed lawmaker Rajan Baburao Vichare attempting several times to push the bread into the supervisor’s mouth as a crowd gathered.

Vichare said he was not trying to break the supervisor’s religious fast. Instead he was trying to demonstrate that the chapatis being served were too hard.

“This was only a protest against the quality of food and other arrangements at the Maharashtra Sadan (guest house) where all the important dignitaries come and stay,” Vichare told Headlines Today news channel.

“The canteen management here is in a bad state. The chapatis they made didn’t even break, the quality of vegetables and pulses is bad.”

“Making this a religious issue doesn’t make sense,” he said.

The catering company’s general manager said the supervisor had been “deeply pained and hurt” over the incident as “religious sentiments are attached”.

The manager said the lawmakers had marched into the dining hall last week flanked by television crews and threw kitchen items around.

“They also issued physical threats to the kitchen and service staff while using highly objectionable language,” the manager said in an email to a Maharashtra government official, which was obtained by the Indian Express newspaper.

Shiv Sena, which has a history of intimidation and creating unrest against minorities, won 18 seats at the election and is now the sixth biggest party in Parliament.

Analysts say justice for MH17 victims will be very difficult



The battle to bring to justice the perpetrators of the apparent missile attack on Malaysia Airlines flight MH17 will be extremely difficult, not least because Russia is in a position to thwart any attempt to bring it or its citizens before any international or domestic court, analysts said.

The hurdles are immense even after Russia this week endorsed a strongly worded United Nations convention pledging its commitment to hold those responsible to account, analysts said on Wednesday

Whoever was behind the downing of MH17 remains uncertain, although US intelligence officials believe the most likely scenario was pro-Russian separatists hit the plane by accident, mistaking it for a Ukrainian military transport plane.
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There also has been speculation that Russia supplied the Buk-M1 surface to air missile system, also known as a SA-11, to the rebels and trained the separatists in how to use it.

Russia and the separatists deny the accusations, blaming Ukraine – which also has the SA-11 – for the downing of MH17. If an investigation finds Russia and the separatists culpable, it will be a massive challenge to bring the matter to a court, let alone get a conviction.

For an incident like the MH17 disaster involving multiple nations, the International Court of Justice (ICJ) and the International Criminal Court (ICC) typically would be the most appropriate arenas to hear a case. The ICJ adjudicates on disputes between nation states, while the ICC hears matters involving individuals who have committed international crimes such as war crimes.

But, said Alex Oliver, a research fellow at the Lowy Institute, Russia – and Ukraine, for that matter – do not accept the compulsory jurisdiction of the ICJ and don't have to appear before it.

And Russia or Ukraine are not parties to the Rome Statute that set up the ICC, meaning its citizens are not compelled to appear before this court either.

The UN Security Council can force any matter to be investigated by the ICC regardless of whether a nation state has ratified its statutes or not, enabling it to circumvent jurisdictional issues. But Russia is one of five countries that has veto power in the council. The situation was "very complex", Ms Oliver said.

Individual nations affected by the crash – notably the Netherlands, Australia and Malaysia – could also seek prosecutions in their own courts. But they would face enormous hurdles compelling foreign witnesses to appear.

At a Lowy Institute discussion on Wednesday, University of Tasmania academic Matthew Sussex noted that the Russian constitution forbids it from extraditing its citizens to another country.

It won't be any easier to bring pro-Russian separatists before a court either, as Russia can grant them citizenship.

Australian National University international law expert Don Rothwell noted that the Lockerbie disaster, when Libyan agents organised the bombing of a Pan Am passenger jet in 1988, was heard in a domestic court.

The aircraft – en route from Frankfurt to Detroit – crashed in Scotland and the Libyan agents were tried in a specially convened Scottish court set up in the Netherlands. A Libyan intelligence officer, Abdelbaset al-Megrahi, was found guilty and sentenced to life imprisonment, although he was released in 2009 on compassionate grounds.

But the Lockerbie trial only came about after a decade of sanctions forced Libya's then leader Muammar Gaddafi to agree to the trial in exchange for them being dropped.

The case highlights that the most effective way to bring perpetrators of international crimes to justice is often through economic sanctions, diplomatic pressure and sustained adverse media coverage.

Diplomatic pressure and widespread global criticism led to Russia endorsing a UN resolution this week for an independent investigation into the MH17 crash which – critically – also demanded "that those responsible for this incident be held to account and that all states cooperate fully with efforts to establish accountability".

Ms Oliver said the resolution was a hugely positive step on the road to justice but noted that Russia "haven't committed to submitting to any jurisdiction".

Read more: http://www.smh.com.au/world/analysts-say-justice-for-mh17-victims-will-be-very-difficult-20140723-zw2zw.html#ixzz38KXq3y3c

Selangor risks snap polls if Khalid ousted, say lawyers - TMI

The PKR supreme council on Monday endorsed Dr Wan Azizah Wan Ismail as Selangor menteri besar, completing the ‘Kajang move’ to replace Tan Sri Abdul Khalid Ibrahim, but the latter has remained defiant, saying he will serve out his second term as MB. – The Malaysian Insider file pic, July 23, 2014.A snap election is possible in Selangor if Menteri Besar Tan Sri Abdul Khalid Ibrahim is defeated in a no-confidence vote in the state legislative assembly for defying his party's move to replace him, say constitutional lawyers.

They said the Sultan of Selangor, Sultan Sharafuddin Idris Shah, could use his royal prerogative if Khalid made a request to the ruler to dissolve the assembly based on provisions in the state constitution and legal precedence.

Lawyers are mulling the various scenarios following Khalid's defiance of PKR's decision to replace him with party president Datuk Seri Dr Wan Azizah Wan Ismail.

Constitutional lawyer Dr Abdul Aziz Bari said assemblymen in Selangor could attest statutory declarations to show that they no longer supported Khalid.

"A representation could be made to the ruler to show the level of confidence if many were not with Khalid," he told The Malaysian Insider.

In such a scenario, Aziz said the ruler could invite another assemblymen recommended by PR to replace Khalid.

In the alternative, the lawyer said a vote of no-confidence has to be taken against Khalid and if defeated, he has to tender his resignation.

"In the light of certain constitutional principle, the ruler has to appoint a new menteri besar once it is determined that Khalid has been defeated decisively.”

Aziz said a vote of no-confidence was taken against Selangor menteri besar Datuk Harun Idris in 1975 and Datuk Muhamed Nasir (the PAS menteri besar of Kelantan) in 1978.

The confidence vote could be a possibility as Khalid said yesterday he stood by the state constitution which has mapped out special conducts and processes to replace a state leader.

"Until all the processes are completed, I will continue to do my job as the menteri besar with responsibility as requested by the Selangor people," he had said.

The PKR supreme council on Monday endorsed Dr Wan Azizah as Selangor menteri besar, completing the "Kajang move" to replace Khalid.

PKR de facto leader Datuk Seri Anwar Ibrahim said Dr Wan Azizah's name has been proposed and he believed that she could ensure stability for PKR and Pakatan Rakyat.

Today, the Pakatan Rakyat supreme council will meet to endorse the PKR decision on the new menteri besar.

All PR needs to remove Khalid after the supreme council endorses the decision is a simple majority vote in the state assembly to oust Khalid, if he refuses to resign.

PR – comprising of PKR, PAS and DAP – has 44 seats in the assembly while the opposition Barisan Nasional (BN) has the remaining 12 seats. PAS and DAP each has 15 seats while PKR has 14.

Lawyer Nizam Bashir said under the state constitution, the menteri besar and his executive council have to tender their resignations to the ruler if Khalid loses in the confidence vote.

He said the ruler could appoint another assemblyman, who in his opinion enjoyed the confidence of the majority assemblymen to be the new menteri besar, while Khalid could also request that the ruler dissolve the assembly for the people of Selangor to elect a new
government.

"However, the ruler could turn down the request and use his prerogative to appoint another assemblyman as menteri besar," he told The Malaysian Insider.

Nizam said any decision of the Sultan would reflect the will of the people.

"Ultimately, any decision will be done in the interests of the rakyat," he added.

A senior lawyer, who spoke on condition of anonymity, said the ruler's decision to dissolve the house could not be challenged in court.

"Once the ruler accepts the advice of Khalid, no one can mount a legal challenge even if there was an agreement for a smooth transition," he said.

Lawyer Syahredzan Johan said there was a danger of a defeated Khalid advising the Selangor ruler to dissolve the assembly and that he still held the trump card in determining whether a snap election should be held.

"An election is very likely to be held if Khalid requests the ruler to dissolve the assembly," he said.

Syahredzan, however, said it would be an uphill task to unseat Khalid as his defeat also meant all his state executive councillors would have to resign.

The lawyer believes Khalid has the numbers to remain in power as the chief executive of the state.

"Is PR confident of replacing a new menteri besar without dissolution of the assembly?"

Khalid has been facing mounting pressure from the Pakatan Rakyat leadership to resign over his handling of Selangor affairs.

This included the state’s management of its water resources, Kidex highway and seizure of Malay and Iban Bibles by the Selangor Islamic Religious Department (Jais).

Government And Opposition MPs Unite On Seeking Justice For MH17 Victims

KUALA LUMPUR, July 23 (Bernama) -- The tragic Malaysian Airlines (MAS) flight MH17 incident has unite the government and opposition Members of Parliament in working closely and supporting the government to seek justice for the crew and passengers.

Communication and Multimedia Minister Datuk Seri Ahmad Shabery Cheek said their attitude in unanimously giving their full support to the country must be continued so that efforts to bring the irresponsible parties to justice could be done.

"We have gone through a difficult path but the message we convey to the world is clear regardless of whether they are from the big powers like Russia, Ukraine government or rebels.

"Even though we are a small country we have a big heart and we want to do the best we can in getting justice for the victims," he said when met at the Parliament lobby here Wednesday.

Ahmad Shabery also wanted the people to stop all accusations and speculations on the crash, which he described as an insensitive act.

DAP secretary-general and Bagan Member of Parliament, Lim Guan Eng said it was vital for all quarters to unite when the nation was saddened by MH17 crash tragedy in Ukraine last Thursday.

He said the opposition party also wished to show the world that they were together with the government on this matter to strongly condemn the tragedy which had befallen the country's aircraft besides bringing those responsible to justice.

Regional and Rural Development Minister Datuk Seri Shafie Apdal said the international community needed to give its cooperation and support to help Malaysia sought justice for all the victims.

"We do not want to point fingers at anyone or seek revenge but we need to find justice at the international level because it involves a commercial aircraft," he said.

Defence Minister Datuk Seri Hishammuddin Tun Hussein said the approach taken by Prime Minister Datuk Seri Najib Tun Razak, who was not swayed by the geopolitical situation in Ukraine, had managed to persuade the rebels to bring out the crash victims' bodies and obtained the black box for further investigation.

Commenting on the investigation that was conducted by the ministry on the crash, the Sembrong Member of Parliament said :"We have the expertise and consensus from the international organisation that we are going through the process. I believe the most difficult part was to get bodies and the black box out but that has been achieved...we'll move from there","

Deputy Women, Family and Community Development Minister Datin Paduka Chew Mei Fun said Malaysia was really facing a big challenge in the MH17 incident so soon after the loss of MH370 four months ago.

She said it was the time for all the people to be united in facing the challenge by giving their full support to the forces and family members of the victims.

"The motion that was tabled today on the MH17 incident is a timely move, which shows our leaders were concerned and wanted to voice the people's views and show solidarity during the emergency sitting," she said.

Minister in the Prime Minister's Department Datuk Seri Shahidan Kassim said the move taken by Najib was a smart one that also received the support of the opposition parties.

"His effort is one of the best ways to solve this issue and had not the bodies and black box not procured, all parties will point fingers at us," he said.

Minister in the Prime Minister's Department Datuk Mah Siew Keong expressed pride that MPs from the BN and Pakatan Rakyat gave their full support on the motion.

"Whenever all members, regardless of political background, debated on the incident, I felt touched and proud because everyone showed their sympathy and undivided support in facing this challenge.

"Even though MAS has faced big blows twice within a short period, I will still use its services because as a Malaysian, we need to regain confidence in our own product to continue to be marketed at the international level," he said.

Lembah Pantai MP Nurul Izzah Anwar welcomed the motion that was tabled during the special sitting to discuss on the MH17 tragedy today.

"It is a good start. I'm happy to see some issues from my party are being shared. We want to be included during a briefing", she said.

Nurul Izzah also reiterated the party's stand that the parties responsible for the crash should be brought to face justice and an indepth discussion on crash was ongoing.