Friday, 17 October 2014
UK: 1,700 female genital mutilation victims since April, Over 140,000 Victims in the UK
140,000 of overwhelmingly Muslim victims of FGM are living in the UK, living with the aftereffects of FGM across England and Wales. Of these women, 10,000 are under 15 years of age. 50,000 are over 50. Most of the women are thought to have migrated to Britain from Muslim counties where the practice of cutting girls’ genitalia is still widespread.
Back in July, UK Prime Minister David Cameron attended a summit with some 500 delegates from 50 countries — including survivors of the practice, heads of state and front line professionals in London.
However, although FGM is illegal in the UK, young girls born in Britain also live with the threat of FGM with an estimated 20,000 at risk of cutting each year.
Last year the Government’s forced marriage unit gave advice in more than 1,300 cases.
Theresa May, the Home Secretary, writing for The Telegraph’s website said it is “heart breaking” that the “hidden crimes” of FGM and forced marriage still exist in society and still threaten the next generation of girls.
- Read more at: http://pamelageller.com/2014/10/uk-1700-female-genital-mutilation-victims-since-april-over-140000-victims-in-the-uk.html/#sthash.awHjVHZo.dpuf
Moroccan held, with young daughters, for trying to join IS
Rabat: A Moroccan man, with his two young French daughters in tow, was arrested in Casablanca Wednesday as he sought to join up with the jihadist Islamic State fighters, authorities said .
The man identified by his initials N.R., who was under police restrictions in France, was picked up at Casablanca airport, the Moroccan interior ministry said in a statement.
He was detained along with his two girls, aged two and four, and a Moroccan woman with whom he had a "traditional" marriage, said the statement, cited by the local MAPP news agency.
His legal wife, a French national, was said to have remained in France.
The arrested couple will appear in court, while no mention was made of the way the children will be handled, or whether they will be returned to France.
The man was said to have been on his way to Turkey when he was arrested.
IS fighters are involved in heavy fighting just across the Turkish border in Syria.
Over 2,000 Moroccan jihadists, including those with dual nationality, are currently fighting in Syria and Iraq, according to Rabat.
Moroccan authorities fear some will return and attempt to carry out attacks at home and has announced heightened security measures, notably at the borders.
The man identified by his initials N.R., who was under police restrictions in France, was picked up at Casablanca airport, the Moroccan interior ministry said in a statement.
He was detained along with his two girls, aged two and four, and a Moroccan woman with whom he had a "traditional" marriage, said the statement, cited by the local MAPP news agency.
His legal wife, a French national, was said to have remained in France.
The arrested couple will appear in court, while no mention was made of the way the children will be handled, or whether they will be returned to France.
The man was said to have been on his way to Turkey when he was arrested.
IS fighters are involved in heavy fighting just across the Turkish border in Syria.
Over 2,000 Moroccan jihadists, including those with dual nationality, are currently fighting in Syria and Iraq, according to Rabat.
Moroccan authorities fear some will return and attempt to carry out attacks at home and has announced heightened security measures, notably at the borders.
Event aims to bridge gap between Muslims and dogs
Organiser Syed Azmi Alhabshi said the 'I want to touch a dog' event is being held in order to help Muslims overcome the negative perception of dogs and how to practice samak (cleansing).
The pharmacist, who hails from Johor, hoped the event would help prevent cruel behaviour towards dogs and even prepare Muslims to save dogs in distress.
However, he explained that the event is in no way a promotion of pet adoption."We are expecting about 600 people. I am overwhelmed with the support thus far," Syed Azmi told Malaysiakini.
Syed Azmi said he has obtained the permission of the Selangor Islamic Affairs Council (Mais) and the police to hold the event.
"So people do not have to worry about attending the event.
"There is support but there will be some bashing too from those who misunderstand the purpose of the event," he added.
The event starts at 8am and includes a short briefing, mini forum and a demonstration of the samak ritual.
He added the forum will also deal with challenges that Muslim animal rescuers, taxi drivers, veterinarians and scholars face in handling dogs.
"After that, samak coaches will be ready to help out anyone to cleanse themselves," he added.
Syed Azmi is looking forward to the multiracial and multireligious event.
"The only thing I am not prepared for is the rain," he quipped.
The event is promoted on Syed Azmi's Facebook account and has received encouraging support.
As minister, Nancy is answerable, says don
"Nancy is trying to save her skin by disowning the statement on Ibrahim Ali, but she forgot she was speaking as a minister, not as an MP or as a private citizen," constitutional law expert Professor Abdul Aziz Bari said today.
“As a member of the cabinet, Nancy is bound by the principle of collective responsibility.
"She
can't point her finger at the Attorney-General's (AG) Chambers, even
though that may be (what the AG Chambers had said)," Aziz told Malaysiakini.Nancy kicked up a firestorm with her parliamentary reply on the government's inaction against Ibrahim for calling for copies of the Malay Bible with the word 'Allah' to be burned.
She later claimed she was merely quoting the AG's Chambers when she replied that no action would be taken because Ibrahim's action was "defending Islam".
To date, no action has been taken against Ibrahim or his pressure group Perkasa for their call early last year to burn the Malay Bible over the 'Allah' row.
"Let's burn.... let's teach them a lesson," reads the flyer Perkasa distributed at that time.
'Nancy, state your stand'
“The policy of Prime Minister Najib Razak's government on sedition is clear, and Nancy as a member of the cabinet is bound by that.
"There are no two ways about it. That is what the constitution says in Article 43(3): that the cabinet must be collectively responsible to Parliament," Aziz said.
He said Nancy must now make it clear whether she agrees with the policy or not.
“There is no room for personal opinion here. It appears that she has, through the Facebook of the officer, indicated her disagreement with the cabinet.
“As such, she must either resign or be sacked by Najib. Nancy can't have the best of the two worlds; disagree with the policy but remais as a minister to enjoy the salary and all the perks.
"The PM must show clear leadership on the policy here; he can't flip-flop,” he said.
Aziz is also among many who have been hauled up under the Sedition Act recently, in his case over two articles published in online news reports.
The Commission for Human Rights (Suhakam) has also slammed the government for selectively using the Sedition Act against critics and opposition leaders, but not other groups who repeatedly make inflammatory and racial remarks.
Lawyers march against Sedition Act
The protesters were seen milling about Padang Merbuk in the Kuala Lumpur city centre as early as 9.30am, and started their march at 11.40am after chanting slogans and hearing speeches by Bar Council representatives.
Among the prominent personalities present were Bar Council president Christopher Leong (right),
former Bersih co-chairperson Ambiga Sreenevasan, her successor Maria
Chin Abdullah, Parti Sosialis Malaysia secretary-general S Arulchelvan,
Himpunan Hijau chief Wong Tack, and opposition parliamentarians Teo Nie
Ching, Nga Kor Ming, R Sivarasa, Ong Kian Ming and Gobind Singh Deo.The protest was organised by the Bar Council, with the support of the Malaysian Bar, which overwhelmingly voted in favour of holding the protest during an emergency general meeting on Sept 19.
However, according to the Malaysian Bar's estimate 2,500 people joined the march.
Dubbed “Walk for Peace and Freedom”, it is the fourth such protest held by the Bar Council in its 67-year history.
The last was in 2011 to oppose a bill that is now known that the Peaceful Assembly Act 2012.
A
group of Orang Asli, dressed in traditional garments, and university
students chanting for academic freedom, were also seen marching with the
lawyers.A small band – with guitar, didgeridoo, tambourine, and a small hand drum – played music while marching and at the sidewalk outside Parliament.
Police presence at the protest was light, mostly to direct traffic, with the help of Kuala Lumpur City Hall enforcement officers and the Bar Council’s own rally marshals.
Rally and counter-rally
Upon reaching the parliament, 10 Bar Council representatives led by Leong met with Minister in Prime Minister’s Department Mah Siew Keong, who received a memorandum from the protesters on behalf of Prime Minister Najib Abdul Razak
The temperature was a scorching 30 degrees Celsius, with little wind and scattered clouds.
Despite
the heat, most of the lawyers were dressed in black jackets – their
full court attire – and chanted slogans outside the parliament while
waiting for their leaders to return.“Long live the people! Abolish the Sedition Act!”, the protesters chanted, while carrying anti-Sedition Act banners and placards.
One particularly good-humoured placard read: “Bloody hell it’s hot. Abolish the Sedition Act and let’s go for ice cream.”
Representatives from journalist group Gerakan Media Marah (Geramm) were at the protest, along with a handful of off-duty journalists, following a call by the group to walk in solidarity with the lawyers.
Meanwhile a group of about 10 youths held a counter rally at the Bank Negara roundabout at the same time.
The group, with some wearing face masks, held placards with messages like 'Preserve Sedition Act'.
Protest is public feedback
At about 1pm, about an hour after entering Parliament, Leong emerged with his entourage to announce the protest a success.
“We have achieved what we have set out to do today, which is to convey our views on your behalf to the prime minister, via Minister Mah (Siew Keong),” he said, before thanking the participants for coming and the police for facilitating the protest.
Nevertheless, he vowed that the Bar Council will continue its campaign against the Sedition Act until it is abolished.Leong repeated his speech at least three times, each time moving from one part of the crowd to another to address them via a megaphone.
Speaking to reporters later, Leong claimed that the number of lawyers who attended the protest number between 1,000 and 1,500, but is unsure how many non-lawyers participated.
Leong said that this walk is in response to the effort initiated by the prime minister to obtain public feedback on the abolition of the Sedition Act and its replacement.
He hoped the leader would remain steadfast and committed to his pledge and promise.
“As they say, ‘Janji Ditepati’ (Promise Fulfilled), so we hope that would be the case in this occasion,” he added.
The protesters dispersed peacefully at 1.15pm.
We'll back you against extremists, lawyers tell PM
It said that on contrary to its purported purpose, the Sedition Act 1948 is what encourages extremist by clamping down on the freedom of expression.
"There
are extremist and irresponsible elements in our society. They spread
misinformation, use intimidation and divisiveness. They exploit fear and
insecurities."They seek to drive a wedge between Malaysians and polarise us. Do not allow them to succeed," it said its memorandum to call for the repeal of the Sedition Act.
It told Najib to continue with his political transformation programme, including his pledge to repeal the Act.
"The Malaysian Bar therefore urges the prime minister and the Malaysian government to continue to commit to and promote the building of a fair, just, harmonious, unified, moderate and progressive Malaysia, and reject all forms of bigotry, racist and religious extremism; to stay the course and to abide by its original and oft-repeated public pledge and promise to repeal the Sedition Act 1948," it said.
The memorandum was handed over to the government by a delegation led by Bar Council president Christopher Leong (right), during the 'Walk for Peace and Freedom' protest.It was received by Minister in the Prime Minister’s Department Mah Siew Keong on Najib’s behalf. The seven-page document can be viewed at the Bar Council website.
The Malaysian Bar, which a statutory body representing all lawyers in Peninsula Malaysia, said the Sedition Act had prevented important issues from being discussed and allowed it to fester, and impeded the development of a more mature, considerate, and accepting Malaysian psyche.
"This legislation serves to perpetuate and entrench the racial, religious and other fault lines in our nation.
"It thus undermines and is counter-productive to efforts to build lasting peace and harmony, strong bonds of unity and real mutual respect in Malaysia," it said.
Race, religion and royalty
Earlier today, after submitting the memorandum, Leong also told reporters that any laws replacing the Sedition Act should be limited to criminalising the incitement and acts of religious and racial violence, and bringing the royal institution into contempt.
"We
know that in multi-racial, multi-religious Malaysia there are some
fault lines, but those fault lines must be managed not by vague and
oppressive laws like the Sedition Act," he said.He said any law that replaces the Act needs to encourage greater interaction and dialogue amongst Malaysians, which would in turn ensure peace, unity and harmony.
The law, he pointed out, should ensure that people would not be intimidated or threatened while participating in discourse.
Ignore Zainuddin’s provocative statements on the Chinese, says MCA
The MCA has called on former Umno minister Tan Sri Zainuddin Maidin not to make provocative and emotional statements following the latter's remark about the Chinese refusing to master the Malay language.MCA Religious Harmony Bureau chairman Datuk Ti Lian Ker said a person like Zainuddin, who made statements without looking at the root cause of the issue, should be ignored.
Zainuddin, the former information minister, had said in a blog posting that the Chinese wanted to identify themselves by speaking in their own dialects.
Zainuddin said that even after 57 years of independence, the Chinese had to be advised to learn Malay, citing Prime Minister Datuk Seri Najib Razak’s call at the recent MCA general assembly.
"But if even after 57 years, they can speak only broken Malay, then it is not impossible that this will not change in the next 50 years, unless a new realisation dawns on them and they can appreciate the hopes of the new MCA president, (Datuk Seri) Liow Tiong Lai," Zainuddin had said.
He had also said that Najib made the call as many Chinese, including the new generation, were not able to converse, read or understand Bahasa Malaysia.
Ti told The Malaysian Insider today that Zainuddin was not helping the situation with his provocative statements.
"Whatever Zainuddin Maidin has said is of no real significance towards providing a healthy solution as he has always failed to understand the root or core problems," the MCA leader said.
Instead Ti pointed out that in the 1960s and 1970s, Malaysians of all races had integrated in English stream schools such as Assunta, Methodist and various convent and LaSallian schools.
"There was little or minimal problems along racial lines from students of different backgrounds," he said.
Ti added, however, that somewhere along the way since the 1980s, these national schools were converted by political indoctrination along racial and religious lines, causing some parents to feel uncomfortable and to look for alternatives for their children.
He added that this indoctrination of schools along racial or religious lines were also noted by former premier Tun Dr Mahathir Mohamad.
"But it was too late to make any reversal when the damage was done.
"So, the issue is not about refusing to master the Malay language or not wanting to go to national schools.
"The issue is about people seeking a proper education system with a good environment for their children, and that is why parents are going for private, international and chinese-medium schools, Ti added.
Ti also said that it was important for people to open their hearts and minds to study and understand the real reasons why the Chinese, and even other races including the Malays, were opting to educate their children in Chinese-medium schools.
Zainuddin, in his blog posting today, lamented that even though Chinese kids were taught Bahasa Malaysia in Chinese-medium schools, the teachers were Chinese and therefore they ended up speaking with a Chinese slang and are studying the language only to pass examinations.
"Why is it that they get so angry when they are called 'pendatang' when they themselves don't want to be identified with the national language and instead prefer to be known by their ‘bahasa pendatang' (foreign language).
"This is self-isolation," Zainuddin had said. – October 16, 2014.
- See more at: http://www.themalaysianinsider.com/malaysia/article/ignore-zainuddins-provocative-statements-on-the-chinese-says-mca#sthash.TQkFY4aC.dpuf
Religious court on collision course with civil court over Kassim Ahmad’s case
A shariah court is insisting on proceeding with activist Dr Kassim Ahmad's case despite an ongoing judicial review, his lawyer said today.
Counsel Rosli Dahlan said the court wanted the trial to begin on October 20, where Kassim had been alleged to have insulted Islam and defied the religious authorities.
Rosli said he was informed by a religious court official in Putrajaya yesterday and that the case would go on as fixed because the Federal Territories shariah chief prosecutor Ibrahim Deris and the Federal Territories Islamic Religious Department (Jawi) were not agreeable to an adjournment.
"The irony is that Ibrahim and Jawi are parties to the judicial review filed by my client. I am dumbfounded why the religious court wants the matter to go on, based on the insistence of interested parties," he told The Malaysian Insider.
On July 24, the Court of Appeal ruled that the High Court has the jurisdiction to hear Kassim's judicial review application to challenge the shariah prosecutor’s decision to charge him with insulting Islam.
The High Court has fixed November 17 to hear the judicial review application.
Rosli said following the Court of Appeal's ruling, religious authorities and the government had asked for some time to file their court papers before the High Court could hear the merit of the case.
"We have no problem with that but we are not deliberately delaying the proceedings because we need to obtain the decision of the civil court first.”
Rosli said he may file an application to stop the Monday's proceedings in the religious court.
A three-man Court of Appeal bench, chaired by Datuk Balia Yusof Wahi, in allowing Kassim's appeal, had said the conduct of (the Federal Territories shariah chief prosecutor) Ibrahim and Jawi could be scrutinised.
On July 14, judge Datuk Zaleha Yusof allowed the Attorney-General’s preliminary objection against the judicial review, citing that the subject matter was within the exclusive jurisdiction of the religious court.
However, Balia said a shariah criminal matter did not come within the meaning under the Federal Constitution.
"Shariah offence is only an offence against the precept of Islam," he had said, adding that the bench was bound by a 1988 Supreme Court ruling in the case of Mamat Daud vs public prosecutor.
The bench chaired by the then Lord President Tun Salleh Abas said all offences created under state shariah enactments were for violation against precepts of Islam.
The offences include consumption of alcohol, eating and drinking in public during day time in the fasting month, and going against a fatwa by religious authorities.
"It is not a criminal matter and therefore subject to judicial review," Balia added.
Kassim, 81, had filed a leave application for judicial review on June 26 and had named Minister in the Prime Minister’s Department Datuk Seri Jamil Khir Baharom, Ibrahim, Jawi and the government as respondents.
He is seeking, among others, an order to strike out Ibrahim's decision on March 27 to prosecute him for allegedly insulting Islam and defying the religious authorities.
He wanted his case in the Shariah Court to be suspended, pending the decision of the judicial review.
Kassim also wanted all actions and decisions by Jawi enforcement officers who raided and seized his publication materials, as well as detaining him from Kedah to the Federal Territories, to be revoked.
He sought a declaration that the action by the Jawi officers and the prosecution against him was ultra vires and contravened the provisions in the Federal Constitution, Federal Territories Shariah Acts and Kedah Shariah Enactments.
Kassim also sought a declaration that the offence of violating a fatwa (edict) issued in the Federal Territories only applied to Muslims in that locality. – October 16, 2014.
- See more at: http://www.themalaysianinsider.com/malaysia/article/religious-court-on-collision-course-with-civil-court-over-kassim-ahmads-cas#sthash.tLkTN9UK.dpuf
Chinese still act like ‘pendatang’
Zainuddin Maidin says Chinese refuse to assimilate with the locals or learn Bahasa Malaysia.
FMT
PETALING JAYA: Former Information Minister Zainuddin Maidin has said the only reason the Chinese are called “pendatang” or immigrants is that they have preferred isolation over assimilation and have refused to learn Bahasa Malaysia.
In his blog, he writes, “Why do they get so angry when they are called ‘pendatang’ when they themselves have preferred self isolation?”
He also said their refusal to learn Bahasa Malaysia hindered their ability to assimilate with the Malays.
Saying the Malays were always ready to embrace others of different races as long as they could communicate in the same language or “dialect”, he cited the village folk in Kelantan, Kedah and Perlis, who achieved this with relative ease.
He also lamented that Chinese in other countries assimilated with locals, unlike in Malaysia where it was a rarity.
He wrote, “After so many years since Independence, the Chinese in Malaysia still do not have a Malaysian identity unlike Indonesian Chinese who speak Bahasa Indonesia, Thai Chinese who speak Thai, Singaporean Chinese who speak English, and American Chinese who speak English.”
Taking MCA’s president Liow Tiong Lai as an example, Zainuddin remarked how proud the prime minister was that Liow despite studying in a Chinese school, delivered his entire speech at the recent MCA annual general meeting, in Bahasa Malaysia.
The issue of language was dealt with extensively in his entry, because according to Zainuddin, after 57 years of independence, the Chinese in Malaysia still spoke “bahasa pasar” or colloquial Bahasa Malaysia.
He related that at MCA’s AGM recently, PM Najib Razak appealed to them to learn Bahasa Malaysia and everyone responded with a resounding “Boleh!”
However Zainuddin was certain that 50 years from now “when Najib asks the Chinese if they can learn Bahasa Malaysia, they will once again answer that they can… but they won’t.”
Maintaining that it is the Chinese who refuse to accept the Malays instead of the other way around, he writes, “Who is building walls and insisting on preserving their ‘pendatang’ identity?”
PETALING JAYA: Former Information Minister Zainuddin Maidin has said the only reason the Chinese are called “pendatang” or immigrants is that they have preferred isolation over assimilation and have refused to learn Bahasa Malaysia.
In his blog, he writes, “Why do they get so angry when they are called ‘pendatang’ when they themselves have preferred self isolation?”
He also said their refusal to learn Bahasa Malaysia hindered their ability to assimilate with the Malays.
Saying the Malays were always ready to embrace others of different races as long as they could communicate in the same language or “dialect”, he cited the village folk in Kelantan, Kedah and Perlis, who achieved this with relative ease.
He also lamented that Chinese in other countries assimilated with locals, unlike in Malaysia where it was a rarity.
He wrote, “After so many years since Independence, the Chinese in Malaysia still do not have a Malaysian identity unlike Indonesian Chinese who speak Bahasa Indonesia, Thai Chinese who speak Thai, Singaporean Chinese who speak English, and American Chinese who speak English.”
Taking MCA’s president Liow Tiong Lai as an example, Zainuddin remarked how proud the prime minister was that Liow despite studying in a Chinese school, delivered his entire speech at the recent MCA annual general meeting, in Bahasa Malaysia.
The issue of language was dealt with extensively in his entry, because according to Zainuddin, after 57 years of independence, the Chinese in Malaysia still spoke “bahasa pasar” or colloquial Bahasa Malaysia.
He related that at MCA’s AGM recently, PM Najib Razak appealed to them to learn Bahasa Malaysia and everyone responded with a resounding “Boleh!”
However Zainuddin was certain that 50 years from now “when Najib asks the Chinese if they can learn Bahasa Malaysia, they will once again answer that they can… but they won’t.”
Maintaining that it is the Chinese who refuse to accept the Malays instead of the other way around, he writes, “Who is building walls and insisting on preserving their ‘pendatang’ identity?”
Ku Li says OSA promotes corruption
The former finance minister also wants the finance minister's powers to be curbed.
FMT
KUALA LUMPUR: Former finance minister Tengku Razaleigh Hamzah has asked for a review of the Official Secrets Act ( OSA) and the Financial Procedures Act (FPA) to curb the powers of the finance minister.
He said the OSA legislation “conceals thousands of lies” and a review was necessary to combat corruption.
The Umno veteran, popularly known as Ku Li, said, “Not everything must be a secret. I am not angry with the government but this is the weakness in our system because we abuse existing powers.”
Speaking of the FPA, he said, “I know this act because I used it when I was in the Finance Ministry,” said the Gua Musang MP when speaking at a forum today.
He said the “absolute powers” vested in the finance minister through the FPA must be reviewed as it provided room for corruption.
The veteran Umno leader said loopholes in the act allowed the minister to award contracts to any party through direct negotiations.
“If we want to control corruption, we must look into the Financial Procedures Act,” he said at a press conference following the forum.
The Financial Procedures Act gives absolute power to the finance minister through Parliament.
KUALA LUMPUR: Former finance minister Tengku Razaleigh Hamzah has asked for a review of the Official Secrets Act ( OSA) and the Financial Procedures Act (FPA) to curb the powers of the finance minister.
He said the OSA legislation “conceals thousands of lies” and a review was necessary to combat corruption.
The Umno veteran, popularly known as Ku Li, said, “Not everything must be a secret. I am not angry with the government but this is the weakness in our system because we abuse existing powers.”
Speaking of the FPA, he said, “I know this act because I used it when I was in the Finance Ministry,” said the Gua Musang MP when speaking at a forum today.
He said the “absolute powers” vested in the finance minister through the FPA must be reviewed as it provided room for corruption.
The veteran Umno leader said loopholes in the act allowed the minister to award contracts to any party through direct negotiations.
“If we want to control corruption, we must look into the Financial Procedures Act,” he said at a press conference following the forum.
The Financial Procedures Act gives absolute power to the finance minister through Parliament.
Sedition Act is a legal issue, not political
Malaysia Bar only stands up against a particular legislation when it was against the rule of law.
KUALA LUMPUR: About 600 members of the Malaysian Bar Council and other Bar associations marched to Parliament House today, sending a strong signal to the government to abolish the Sedition Act.
Penang State Assembly member and lawyer RSN Rayer said the “Walk for Peace and Freedom 2014” was to show that the issue was a legal one, not political. “People will realise that when the lawyers walk, something is really wrong.
“The Sedition Act should not be used in our time. It is a colonial law used against those who opposed British law,” he said.
Negara-ku co-founder Ambiga Seenevasan said lawyers only stood up against a particular legislation when it was against the rule of law.
“There is something very wrong with this legislation. We have already pointed out what’s wrong and the Bar president has said enough about it.
“To have an odious piece of legislation like this is not good for Malaysia,” she said.
Puchong MP Gobind Singh Deo demanded that Prime Minister Najib Razak explain the “U-turn”
after having made his pledge to repeal the Sedition Act in 2012.
“I’m sure the prime minister had studied the position of the Sedition Act before making such a statement back in 2012. And suddenly, there is this U-turn, and people are looking for an explanation.
“So we are here today so that the government can see the lawyers unite and voice their displeasure against the manner in which this Act has been used, if not abused.
“If lawyers stand up and say that something is wrong with this Act, then something must be wrong,” said Gobind.
Law lecturer Azmi Shahrom, who also showed his support, said it was a good initiative to make the point clear that the Act was opposed not only by the people but also by the legal fraternity.
“It does not matter if the government will pay attention to the movement, but the people need to know that this is a bad law.
“I have no control on what the government does, so I’m hoping that the message gets through not just to them, but to everyone,” he added.
Bar president Christopher Leong, in addressing the 600 lawyers present at 9.40am, said the misuse of the Sedition Act “is an unprecedented abuse against lawyers, students, journalists and civil society.
“We are here to claim back the democratic public place. As much as you may try, you cannot stop our freedom of expression, our thoughts,” he said.
Penang State Assembly member and lawyer RSN Rayer said the “Walk for Peace and Freedom 2014” was to show that the issue was a legal one, not political. “People will realise that when the lawyers walk, something is really wrong.
“The Sedition Act should not be used in our time. It is a colonial law used against those who opposed British law,” he said.
Negara-ku co-founder Ambiga Seenevasan said lawyers only stood up against a particular legislation when it was against the rule of law.
“There is something very wrong with this legislation. We have already pointed out what’s wrong and the Bar president has said enough about it.
“To have an odious piece of legislation like this is not good for Malaysia,” she said.
Puchong MP Gobind Singh Deo demanded that Prime Minister Najib Razak explain the “U-turn” after having made his pledge to repeal the Sedition Act in 2012.
“I’m sure the prime minister had studied the position of the Sedition Act before making such a statement back in 2012. And suddenly, there is this U-turn, and people are looking for an explanation.
“So we are here today so that the government can see the lawyers unite and voice their displeasure against the manner in which this Act has been used, if not abused.
“If lawyers stand up and say that something is wrong with this Act, then something must be wrong,” said Gobind.
Law lecturer Azmi Shahrom, who also showed his support, said it was a good initiative to make the point clear that the Act was opposed not only by the people but also by the legal fraternity.
“It does not matter if the government will pay attention to the movement, but the people need to know that this is a bad law.
“I have no control on what the government does, so I’m hoping that the message gets through not just to them, but to everyone,” he added.
Bar president Christopher Leong, in addressing the 600 lawyers present at 9.40am, said the misuse of the Sedition Act “is an unprecedented abuse against lawyers, students, journalists and civil society.
“We are here to claim back the democratic public place. As much as you may try, you cannot stop our freedom of expression, our thoughts,” he said.
Open memorandum to the Prime Minister of Malaysia — Malaysian Bar
1. The Malaysian Bar has walked to Parliament today as part of our on-going campaign for the repeal of the Sedition Act 1948. It is in order to rid ourselves of an unjust law and unneeded crutch, and for the realisation of a better Malaysia.
2. The Malaysian Bar’s walk today is called the “Walk for Peace and Freedom” because we wish to promote a peace anchored by bonds of unity, lasting harmony and true mutual respect amongst Malaysians. We walk for the freedom from fear and intimidation; freedom from extremism; freedom from divisiveness; freedom from exploitation for personal, sectarian and selfish gains; freedom to question, criticise, discuss and debate; freedom to learn; and freedom to grow and mature.
3. The Sedition Act 1948 is inherently flawed. It is designed to subjugate, suppress and oppress. It is NOT designed to promote peace, harmony and unity. As a piece of criminal legislation, it is repugnant to the rule of law because it punishes freedom of speech and expression of thought by the use of imprecise and ill-defined offences. It does not require any proof of ill intention or intention to create disorder. Truth is not a defense. Hence, the Sedition Act 1948 in fact criminalises the truth.
4. The Walk for Peace and Freedom is part of the Malaysian Bar’s response to Prime Minister Dato’ Sri Najib Razak’s call for all right thinking and moderate Malaysians to stand up and speak out. The Malaysian Bar walks so as to give voice to such Malaysians.
Malaysia’s Transformation
5. On 3 April 2009, when Dato’ Sri Najib Razak became Prime Minister, he announced a series of freedom-enlarging measures. He removed the temporary ban on two news publications. He released 13 detainees from detention under the Internal Security Act 1960. He announced the conducting of a comprehensive review of the Internal Security Act 1960. He declared that “[t]hese decisions are timely as we move to enhance the confidence of our citizens in those entrusted with maintaining peace, law and order, while recognizing the need to remain vigilant of the very real security threats we continue to face as a young nation.”1
6. On the eve of Malaysia Day 2011, 15 September 2011, Prime Minister Dato’ Sri Najib Razak took the bold step of announcing that the Internal Security Act 1960 and three Emergency Declarations would be repealed at the next sitting of the Dewan Rakyat and Dewan Negara. The Banishment Act 1959 and the Restricted Residence Act 1933 would also be repealed. He also announced that the government would amend the Printing Presses and Publications Act 1984 to do away with annual printing and publishing permits. The Police Act 1967 would be amended to allow for freedom of assembly, wherein the requirement for a permit or permission to assemble in public would be repealed. These announcements were implemented.
7. Prime Minister Dato’ Sri Najib Razak had in April 2012 also introduced amendments to the Universities and University Colleges Act 1971 to allow for a broader measure of freedom of expression and association by university students. These came into force in August 2012.
8. Following on from these significant developments, Prime Minister Dato’ Sri Najib Razak had on 11 July 2012 announced that the government would repeal the Sedition Act 1948 and replace it with a National Harmony Act. He stated the following in his speech delivered at the “Majlis Makan Malam Jabatan Peguam Negara Bersama YAB Perdana Menteri”:
“Kerajaan telah membuat keputusan agar Akta Hasutan 1948 dimansuhkan dan digantikan dengan suatu rang undang undang yang dikenali sebagai Akta Keharmonian Nasional. Keputusan menggantikan Akta Hasutan dibuat kerana kita mahu mencari mekanisme yang dapat menentukan keseimbangan terbaik diantara keperluan menjamin kebebasan bersuara setiap warganegara sesuai dan selaras dengan peruntukan dan jaminan yang terkandung di dalam Perlembangan Pesekutuan dan keperluan untuk menangani kompleksiti kemajmukan yang wujud dinegara ini. With this new Act we would be better equipped to manage our national fault lines. It would also help to strengthen national cohesion by protecting national unity and nurturing religious harmony….
Kerajaan sedar bahawa umum menganggap Akta Hasutan 1948 sebagai alat kerajaan untuk merencatkan tindakan dan pandangan yang tidak sealiran dengan kerajaan. Walaupun anggapan sedemikian adalah tidak berasas sama sekali, kita perlu menghapuskan persepsi tersebut. Lantaran itu, peruntukan-peruntukan baru ini tidak akan menghalang rakyat untuk mengkritik kerajaan dan pentadbiran keadilan….
Pada analisis akhirnya saya teringat kepada pendapat ahli falsafah tersohor Britain, John Locke: “The end of law is, not to abolish or restrain, but to preserve and enlarge freedom”. Second Treatise Of Civil Government (1690)….
Melalui pemansuhan dan penggubalan undang-undang yang sedang berjalan, kerajaan mahu memastikan ruang demokratik yang mencukupi disediakan untuk perbezaan pendapat serta persaingan idea. Pucuk pangkalnya, kita mahu mencipta sebuah Malaysia di mana prinsip hak asasi manusia dijunjung, kebebasan individu untuk menyatakan pendapat secara terbuka diraikan, seraya kepentingan individu dan komuniti diimbangi.”
9. The Malaysian Bar supports Prime Minister Dato’ Sri Najib Razak’s programme of progressive and systematic reform and political transformation as set out above. His thinking and instincts are correct, and we call upon Prime Minister Dato’ Sri Najib Razak to remain steadfast and to persevere and continue with them.
Evils of the Sedition Act 1948
10. In this regard, we would point out that the Sedition Act 1948, as with its predecessor the Sedition Ordinance, was conceived by our then colonial masters and used as an instrument of oppression. It is an archaic and repressive law, and is the antithesis of democracy, rule of law, justice and human rights.
11. The Sedition Act 1948 has been used to stifle speech and expression, to shut out contrary views and voices, to quell dissent and opposition, to constrict and deny democratic space, and to oppress and suppress Malaysians.
12. The Sedition Act 1948 has been justified on the premise that there are matters that are too sensitive to address, speak about or debate; and that this particular legislation is therefore required to ensure and maintain harmony, unity and public order. Our 57 years of “Merdeka” has clearly shown this to be a myth.
13. The Sedition Act 1948 has instead served to deter or prevent important issues from being properly and genuinely addressed. Some of these issues are effectively “swept under the carpet” and allowed to fester. This legislation serves to perpetuate and entrench the racial, religious and other fault lines in our nation. It thus undermines and is counter-productive to efforts to build lasting peace and harmony, strong bonds of unity and real mutual respect in Malaysia.
14. It is no answer to say that we could improve on its use and implementation to avoid abuse. Our history of such oppressive laws, including the Internal Security Act 1960 (since repealed), has shown us that such laws are frequently abused irrespective of their stated purpose. The recent “sedition blitz” where the Sedition Act 1948 has been used to probe and/or prosecute students, law academics, lawyers, a journalist, members of civil society, Members of Parliament and State Assemblypersons is a glaring example of such abuse. To compound the problem, there are clear instances of selective prosecution. The lesson we learn is that the justness in the use of such laws cannot be dependent on the good faith of the authorities. Laws must in themselves be good and just. The Sedition Act 1948 is not such a law.
15. The statements of Prime Minister Dato’ Sri Najib Razak on his 1Malaysia blog dated 7 August 2012 and 4 April 2013 are to the Malaysian Bar an express recognition by the Malaysian Government that the Sedition Act 1948 is indeed an obsolete and antiquated law that is no longer suitable, relevant or consonant with the times.
An Inclusive Malaysia
16. The Malaysian Bar further recalls the speech of Prime Minister Dato’ Sri Najib Razak at the United Nations General Assembly in New York City on 26 September 2014 where he said:
“[W]e must pursue a different kind of politics…We must break the cycle where one group gains power only to wield it against the other. Where marginalisation leads to radicalisation, as people lose confidence in the state’s ability to provide both security and co-existence. Individuals and ethnic and religious groups need to feel they have a stake in a nation’s success, not its failure. So we should commit to more inclusive politics.”
17. In the same speech, Prime Minister Dato’ Sri Najib Razak also said that, “By demonstrating moderation in the political process, we can ensure no-one is left outside society.”
18. The Malaysian Bar could not agree more with Prime Minister Dato’ Sri Najib Razak’s words on “inclusive politics”. The fundamental freedoms of speech and expression, giving voice to thoughts and ideas, as well as the right to information, are fundamental attributes of a vibrant and thriving democracy, and that are essential for the development, progress and growth of a nation. It is robust debate, diversity of opinion and education that would ultimately promote, inculcate and maintain true and enduring unity, goodwill and mutual respect amongst Malaysians.
19. In the same speech at the United Nations, Prime Minister Dato’ Sri Najib Razak said that, “Malaysia stands ready to share its experience of marginalising extremism, maintaining a multi-religious country, where different faiths coexist and prosper.”
20. It cannot be that Malaysia’s sharing of its experience in fostering moderation is that of restricting freedom of speech and expression, arresting, investigating, intimidating and charging individuals under the Sedition Act 1948. It is precisely the clamping down on views, discourse and expression, and restricting democratic space, under the guise of the Sedition Act 1948, that has the effect of pandering to and encouraging extremist elements, and fomenting disunity and disharmony. 21. It is the use and abuse of the Sedition Act 1948 that has further served to impede the development of a mature, considerate and accepting Malaysian psyche; and perpetuates immaturity; lack of understanding; confusion and ignorance amongst Malaysians; and exploits insecurities, anxieties and fears.
22. The Sedition Act 1948 has no place in our nation, which aspires to be a modern, moderate and progressive democratic society that seeks to respect the rule of law and to engender lasting harmony and unity. The continued existence and use of this legislation only serves to prolong an addiction to a reliance on its draconian provisions as a knee-jerk reaction to expressions of purportedly sensitive issues and dissenting views.
23. We should instead be providing and promoting an environment where Malaysians engage one another in discourse and debate, questions and queries are answered, and criticisms are met with explanations; an environment where we can learn to transform into an inclusive, moderate, harmonious and unified Malaysia.
24. As the Sultan of Perak, His Royal Highness Sultan Nazrin Muizzudin Shah said in his speech at the University Malaya 53rd Convocation held on 13 October 2014,
“… Minda terbuka dapat memerdekakan jiwa individu daripada sebarang prejudis dan buruk sangka. Minda terbuka akan mengupayakan seseorang memahami malah menghormati pandangan pihak lain betapa berlainan sekalipun. Minda terbuka akan menyuburkan perasaan sabar dan toleransi untuk bersedia mendengar hujah yang berbeza betapa sekali tidak dipersetujui. Minda terbuka akan memberikan ruang untuk membolehkan lahir dan tumbuhnya idea baru, menyemarakkan budaya inovasi dan menyuburkan minda kreatif. Minda terbuka adalah komponen amat penting untuk membantu mengukuhkan amalan demokrasi di dalam sesebuah negara…
…Malah minda terbuka adalah faktor yang telah memungkinkan tertubuhnya sebuah negara bangsa melalui kejayaan mencantumkan rakyat daripada pelbagai agama, negeri, kaum, budaya dan bahasa menjadi satu warga kepada sebuah negara Malaysia yang merdeka; minda terbuka juga berjaya menyatukan matlamat di kalangan sembilan Raja yang bersemayam
di istana dengan rakyat jelata di serata kota dan desa. Nyatalah minda terbuka adalah aset sementara minda tertutup adalah liabiliti.”
(Our translation: “…Open-mindedness liberates the spirit of an individual from any form of prejudice or ill-will. Open-mindedness enables one to understand and respect the views of others no matter how contrarian they may be. Open-mindedness enables patience and tolerance to be able to listen to dissenting views no matter how disagreeable they may be…
…Open-mindedness is the factor that has made possible the establishment of a nation by the successful union of people of diverse religions, states, ethnicities, culture and language to form an independent country called Malaysia; open-mindedness also achieved unity of purpose among nine Rajas who reside in the palace with the citizens of all the cities and the countryside. Clearly, open-mindedness is an asset whereas close- mindedness is a liability.”)
Towards a Peaceful, United and Harmonious Malaysia
25. Lasting harmony and unity requires a lot of hard work, patience, understanding and education; not suppression, prosecution and punishment. Yes, the process could be long and would be painful; we will fumble and make mistakes, even serious mistakes, but we will learn and move forward. It is folly to think and believe that the Sedition Act 1948 or laws similar to it are the answers to promote, inculcate and maintain true lasting harmony and unity. How wrong and misconceived can we be to believe that force and punishment would engender respect and goodwill. It instead impedes learning, discourse, growth and maturity.
26. We therefore have grave concerns that the intended National Harmony Act should not seek to recast the Sedition Act 1948 either in whole or in part. We recognise that no freedom is without limits. Thus, incitements to, threats of or acts of racial or religious violence, and bringing into hatred the Royal Institution, are not acceptable in Malaysia.
27. These could, however, be dealt with by other legislation. The intended National Harmony Act or any replacement legislation by any other name should not seek to criminalise thought, speech and expression. It should instead provide a framework that recognises and encourages interaction, discourse, debate and learning. If there is to be a need for some measure of criminal penalties, then such measures must be limited – unlike the provisions of the Sedition Act 1948 that are imprecise and, also unlike other criminal offences, the Sedition Act 1948 does not require mens rea, that is the element of intent – the scope of the new offences must be narrowly defined and confined, and the threshold for breach must be set higher. Only threats of or incitement to, and actual ethnic or religious violence to persons or property should be criminalised, and the element of intention must be present.
28. A copy of the Resolution of the Malaysian Bar calling on the Malaysian Government to abolish the Sedition Act 1948 that was passed at its Extraordinary General Meeting on 19 September 2014 is attached for further information and reference. The Resolution was passed by an overwhelming majority of those who attended the Extraordinary General Meeting. The Resolution sets out in detail the way in which the Sedition Act 1948 has been abused, recounts the recent and unprecedented wave of arrests, investigations and charges, calls for the immediate repeal of the Sedition Act 1948 and the dropping of all action thereunder, and supports the proposed National Harmony legislation.
29. The Malaysian Bar recognises that Islam is the religion of the Federation and other religions may be practised in peace and harmony; the special positions of the Malays and natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities; and the sovereignty of the Rulers — these are clearly set out in the Federal Constitution. The Malaysian Bar upholds the Federal Constitution as the supreme law of the land. The call to repeal the Sedition Act 1948 is not a challenge to those provisions.
30. The Royal Institution, for example, is an integral and important part of our nation-building. Malaysians look to the Rulers to be Rulers and champions for all Malaysians, and not only for a segment of Malaysians.
31. There are extremist and irresponsible elements in our society. They spread misinformation, use intimidation and divisiness. They exploit fear and insecuritites. They seek to drive a wedge between Malaysians and polarise us. Do not allow them to succeed.
32. The Malaysian Bar recalls the preamble to the Rukun Negara: we are a nation dedicated to achieving a greater unity of all her peoples; seeking to maintain a democratic way of life; creating a just society; ensuring a liberal approach to Malaysia’s rich and diverse cultural traditions; and building a progressive society and nation.
33. The Malaysian Bar therefore urges Prime Minister Dato’ Sri Najib Razak and the Malaysian Government to continue to commit to and promote the building of a fair, just, harmonious, unified, moderate and progressive Malaysia, and reject all forms of bigotry, racist and religious extremism; to stay the course and to abide by its original and oft-repeated public pledge and promise to repeal the Sedition Act 1948.
* Christopher Leong is the President of the Malaysian Bar Council.
2. The Malaysian Bar’s walk today is called the “Walk for Peace and Freedom” because we wish to promote a peace anchored by bonds of unity, lasting harmony and true mutual respect amongst Malaysians. We walk for the freedom from fear and intimidation; freedom from extremism; freedom from divisiveness; freedom from exploitation for personal, sectarian and selfish gains; freedom to question, criticise, discuss and debate; freedom to learn; and freedom to grow and mature.
3. The Sedition Act 1948 is inherently flawed. It is designed to subjugate, suppress and oppress. It is NOT designed to promote peace, harmony and unity. As a piece of criminal legislation, it is repugnant to the rule of law because it punishes freedom of speech and expression of thought by the use of imprecise and ill-defined offences. It does not require any proof of ill intention or intention to create disorder. Truth is not a defense. Hence, the Sedition Act 1948 in fact criminalises the truth.
4. The Walk for Peace and Freedom is part of the Malaysian Bar’s response to Prime Minister Dato’ Sri Najib Razak’s call for all right thinking and moderate Malaysians to stand up and speak out. The Malaysian Bar walks so as to give voice to such Malaysians.
Malaysia’s Transformation
5. On 3 April 2009, when Dato’ Sri Najib Razak became Prime Minister, he announced a series of freedom-enlarging measures. He removed the temporary ban on two news publications. He released 13 detainees from detention under the Internal Security Act 1960. He announced the conducting of a comprehensive review of the Internal Security Act 1960. He declared that “[t]hese decisions are timely as we move to enhance the confidence of our citizens in those entrusted with maintaining peace, law and order, while recognizing the need to remain vigilant of the very real security threats we continue to face as a young nation.”1
6. On the eve of Malaysia Day 2011, 15 September 2011, Prime Minister Dato’ Sri Najib Razak took the bold step of announcing that the Internal Security Act 1960 and three Emergency Declarations would be repealed at the next sitting of the Dewan Rakyat and Dewan Negara. The Banishment Act 1959 and the Restricted Residence Act 1933 would also be repealed. He also announced that the government would amend the Printing Presses and Publications Act 1984 to do away with annual printing and publishing permits. The Police Act 1967 would be amended to allow for freedom of assembly, wherein the requirement for a permit or permission to assemble in public would be repealed. These announcements were implemented.
7. Prime Minister Dato’ Sri Najib Razak had in April 2012 also introduced amendments to the Universities and University Colleges Act 1971 to allow for a broader measure of freedom of expression and association by university students. These came into force in August 2012.
8. Following on from these significant developments, Prime Minister Dato’ Sri Najib Razak had on 11 July 2012 announced that the government would repeal the Sedition Act 1948 and replace it with a National Harmony Act. He stated the following in his speech delivered at the “Majlis Makan Malam Jabatan Peguam Negara Bersama YAB Perdana Menteri”:
“Kerajaan telah membuat keputusan agar Akta Hasutan 1948 dimansuhkan dan digantikan dengan suatu rang undang undang yang dikenali sebagai Akta Keharmonian Nasional. Keputusan menggantikan Akta Hasutan dibuat kerana kita mahu mencari mekanisme yang dapat menentukan keseimbangan terbaik diantara keperluan menjamin kebebasan bersuara setiap warganegara sesuai dan selaras dengan peruntukan dan jaminan yang terkandung di dalam Perlembangan Pesekutuan dan keperluan untuk menangani kompleksiti kemajmukan yang wujud dinegara ini. With this new Act we would be better equipped to manage our national fault lines. It would also help to strengthen national cohesion by protecting national unity and nurturing religious harmony….
Kerajaan sedar bahawa umum menganggap Akta Hasutan 1948 sebagai alat kerajaan untuk merencatkan tindakan dan pandangan yang tidak sealiran dengan kerajaan. Walaupun anggapan sedemikian adalah tidak berasas sama sekali, kita perlu menghapuskan persepsi tersebut. Lantaran itu, peruntukan-peruntukan baru ini tidak akan menghalang rakyat untuk mengkritik kerajaan dan pentadbiran keadilan….
Pada analisis akhirnya saya teringat kepada pendapat ahli falsafah tersohor Britain, John Locke: “The end of law is, not to abolish or restrain, but to preserve and enlarge freedom”. Second Treatise Of Civil Government (1690)….
Melalui pemansuhan dan penggubalan undang-undang yang sedang berjalan, kerajaan mahu memastikan ruang demokratik yang mencukupi disediakan untuk perbezaan pendapat serta persaingan idea. Pucuk pangkalnya, kita mahu mencipta sebuah Malaysia di mana prinsip hak asasi manusia dijunjung, kebebasan individu untuk menyatakan pendapat secara terbuka diraikan, seraya kepentingan individu dan komuniti diimbangi.”
9. The Malaysian Bar supports Prime Minister Dato’ Sri Najib Razak’s programme of progressive and systematic reform and political transformation as set out above. His thinking and instincts are correct, and we call upon Prime Minister Dato’ Sri Najib Razak to remain steadfast and to persevere and continue with them.
Evils of the Sedition Act 1948
10. In this regard, we would point out that the Sedition Act 1948, as with its predecessor the Sedition Ordinance, was conceived by our then colonial masters and used as an instrument of oppression. It is an archaic and repressive law, and is the antithesis of democracy, rule of law, justice and human rights.
11. The Sedition Act 1948 has been used to stifle speech and expression, to shut out contrary views and voices, to quell dissent and opposition, to constrict and deny democratic space, and to oppress and suppress Malaysians.
12. The Sedition Act 1948 has been justified on the premise that there are matters that are too sensitive to address, speak about or debate; and that this particular legislation is therefore required to ensure and maintain harmony, unity and public order. Our 57 years of “Merdeka” has clearly shown this to be a myth.
13. The Sedition Act 1948 has instead served to deter or prevent important issues from being properly and genuinely addressed. Some of these issues are effectively “swept under the carpet” and allowed to fester. This legislation serves to perpetuate and entrench the racial, religious and other fault lines in our nation. It thus undermines and is counter-productive to efforts to build lasting peace and harmony, strong bonds of unity and real mutual respect in Malaysia.
14. It is no answer to say that we could improve on its use and implementation to avoid abuse. Our history of such oppressive laws, including the Internal Security Act 1960 (since repealed), has shown us that such laws are frequently abused irrespective of their stated purpose. The recent “sedition blitz” where the Sedition Act 1948 has been used to probe and/or prosecute students, law academics, lawyers, a journalist, members of civil society, Members of Parliament and State Assemblypersons is a glaring example of such abuse. To compound the problem, there are clear instances of selective prosecution. The lesson we learn is that the justness in the use of such laws cannot be dependent on the good faith of the authorities. Laws must in themselves be good and just. The Sedition Act 1948 is not such a law.
15. The statements of Prime Minister Dato’ Sri Najib Razak on his 1Malaysia blog dated 7 August 2012 and 4 April 2013 are to the Malaysian Bar an express recognition by the Malaysian Government that the Sedition Act 1948 is indeed an obsolete and antiquated law that is no longer suitable, relevant or consonant with the times.
An Inclusive Malaysia
16. The Malaysian Bar further recalls the speech of Prime Minister Dato’ Sri Najib Razak at the United Nations General Assembly in New York City on 26 September 2014 where he said:
“[W]e must pursue a different kind of politics…We must break the cycle where one group gains power only to wield it against the other. Where marginalisation leads to radicalisation, as people lose confidence in the state’s ability to provide both security and co-existence. Individuals and ethnic and religious groups need to feel they have a stake in a nation’s success, not its failure. So we should commit to more inclusive politics.”
17. In the same speech, Prime Minister Dato’ Sri Najib Razak also said that, “By demonstrating moderation in the political process, we can ensure no-one is left outside society.”
18. The Malaysian Bar could not agree more with Prime Minister Dato’ Sri Najib Razak’s words on “inclusive politics”. The fundamental freedoms of speech and expression, giving voice to thoughts and ideas, as well as the right to information, are fundamental attributes of a vibrant and thriving democracy, and that are essential for the development, progress and growth of a nation. It is robust debate, diversity of opinion and education that would ultimately promote, inculcate and maintain true and enduring unity, goodwill and mutual respect amongst Malaysians.
19. In the same speech at the United Nations, Prime Minister Dato’ Sri Najib Razak said that, “Malaysia stands ready to share its experience of marginalising extremism, maintaining a multi-religious country, where different faiths coexist and prosper.”
20. It cannot be that Malaysia’s sharing of its experience in fostering moderation is that of restricting freedom of speech and expression, arresting, investigating, intimidating and charging individuals under the Sedition Act 1948. It is precisely the clamping down on views, discourse and expression, and restricting democratic space, under the guise of the Sedition Act 1948, that has the effect of pandering to and encouraging extremist elements, and fomenting disunity and disharmony. 21. It is the use and abuse of the Sedition Act 1948 that has further served to impede the development of a mature, considerate and accepting Malaysian psyche; and perpetuates immaturity; lack of understanding; confusion and ignorance amongst Malaysians; and exploits insecurities, anxieties and fears.
22. The Sedition Act 1948 has no place in our nation, which aspires to be a modern, moderate and progressive democratic society that seeks to respect the rule of law and to engender lasting harmony and unity. The continued existence and use of this legislation only serves to prolong an addiction to a reliance on its draconian provisions as a knee-jerk reaction to expressions of purportedly sensitive issues and dissenting views.
23. We should instead be providing and promoting an environment where Malaysians engage one another in discourse and debate, questions and queries are answered, and criticisms are met with explanations; an environment where we can learn to transform into an inclusive, moderate, harmonious and unified Malaysia.
24. As the Sultan of Perak, His Royal Highness Sultan Nazrin Muizzudin Shah said in his speech at the University Malaya 53rd Convocation held on 13 October 2014,
“… Minda terbuka dapat memerdekakan jiwa individu daripada sebarang prejudis dan buruk sangka. Minda terbuka akan mengupayakan seseorang memahami malah menghormati pandangan pihak lain betapa berlainan sekalipun. Minda terbuka akan menyuburkan perasaan sabar dan toleransi untuk bersedia mendengar hujah yang berbeza betapa sekali tidak dipersetujui. Minda terbuka akan memberikan ruang untuk membolehkan lahir dan tumbuhnya idea baru, menyemarakkan budaya inovasi dan menyuburkan minda kreatif. Minda terbuka adalah komponen amat penting untuk membantu mengukuhkan amalan demokrasi di dalam sesebuah negara…
…Malah minda terbuka adalah faktor yang telah memungkinkan tertubuhnya sebuah negara bangsa melalui kejayaan mencantumkan rakyat daripada pelbagai agama, negeri, kaum, budaya dan bahasa menjadi satu warga kepada sebuah negara Malaysia yang merdeka; minda terbuka juga berjaya menyatukan matlamat di kalangan sembilan Raja yang bersemayam
di istana dengan rakyat jelata di serata kota dan desa. Nyatalah minda terbuka adalah aset sementara minda tertutup adalah liabiliti.”
(Our translation: “…Open-mindedness liberates the spirit of an individual from any form of prejudice or ill-will. Open-mindedness enables one to understand and respect the views of others no matter how contrarian they may be. Open-mindedness enables patience and tolerance to be able to listen to dissenting views no matter how disagreeable they may be…
…Open-mindedness is the factor that has made possible the establishment of a nation by the successful union of people of diverse religions, states, ethnicities, culture and language to form an independent country called Malaysia; open-mindedness also achieved unity of purpose among nine Rajas who reside in the palace with the citizens of all the cities and the countryside. Clearly, open-mindedness is an asset whereas close- mindedness is a liability.”)
Towards a Peaceful, United and Harmonious Malaysia
25. Lasting harmony and unity requires a lot of hard work, patience, understanding and education; not suppression, prosecution and punishment. Yes, the process could be long and would be painful; we will fumble and make mistakes, even serious mistakes, but we will learn and move forward. It is folly to think and believe that the Sedition Act 1948 or laws similar to it are the answers to promote, inculcate and maintain true lasting harmony and unity. How wrong and misconceived can we be to believe that force and punishment would engender respect and goodwill. It instead impedes learning, discourse, growth and maturity.
26. We therefore have grave concerns that the intended National Harmony Act should not seek to recast the Sedition Act 1948 either in whole or in part. We recognise that no freedom is without limits. Thus, incitements to, threats of or acts of racial or religious violence, and bringing into hatred the Royal Institution, are not acceptable in Malaysia.
27. These could, however, be dealt with by other legislation. The intended National Harmony Act or any replacement legislation by any other name should not seek to criminalise thought, speech and expression. It should instead provide a framework that recognises and encourages interaction, discourse, debate and learning. If there is to be a need for some measure of criminal penalties, then such measures must be limited – unlike the provisions of the Sedition Act 1948 that are imprecise and, also unlike other criminal offences, the Sedition Act 1948 does not require mens rea, that is the element of intent – the scope of the new offences must be narrowly defined and confined, and the threshold for breach must be set higher. Only threats of or incitement to, and actual ethnic or religious violence to persons or property should be criminalised, and the element of intention must be present.
28. A copy of the Resolution of the Malaysian Bar calling on the Malaysian Government to abolish the Sedition Act 1948 that was passed at its Extraordinary General Meeting on 19 September 2014 is attached for further information and reference. The Resolution was passed by an overwhelming majority of those who attended the Extraordinary General Meeting. The Resolution sets out in detail the way in which the Sedition Act 1948 has been abused, recounts the recent and unprecedented wave of arrests, investigations and charges, calls for the immediate repeal of the Sedition Act 1948 and the dropping of all action thereunder, and supports the proposed National Harmony legislation.
29. The Malaysian Bar recognises that Islam is the religion of the Federation and other religions may be practised in peace and harmony; the special positions of the Malays and natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities; and the sovereignty of the Rulers — these are clearly set out in the Federal Constitution. The Malaysian Bar upholds the Federal Constitution as the supreme law of the land. The call to repeal the Sedition Act 1948 is not a challenge to those provisions.
30. The Royal Institution, for example, is an integral and important part of our nation-building. Malaysians look to the Rulers to be Rulers and champions for all Malaysians, and not only for a segment of Malaysians.
31. There are extremist and irresponsible elements in our society. They spread misinformation, use intimidation and divisiness. They exploit fear and insecuritites. They seek to drive a wedge between Malaysians and polarise us. Do not allow them to succeed.
32. The Malaysian Bar recalls the preamble to the Rukun Negara: we are a nation dedicated to achieving a greater unity of all her peoples; seeking to maintain a democratic way of life; creating a just society; ensuring a liberal approach to Malaysia’s rich and diverse cultural traditions; and building a progressive society and nation.
33. The Malaysian Bar therefore urges Prime Minister Dato’ Sri Najib Razak and the Malaysian Government to continue to commit to and promote the building of a fair, just, harmonious, unified, moderate and progressive Malaysia, and reject all forms of bigotry, racist and religious extremism; to stay the course and to abide by its original and oft-repeated public pledge and promise to repeal the Sedition Act 1948.
* Christopher Leong is the President of the Malaysian Bar Council.
Malaysian Bar’s Open Memorandum to the Prime Minister | Towards a Peaceful, United and Harmonious Malaysia (16 Oct 2014)
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Malaysian Bar
Open Memorandum to the Prime Minister, Malaysia
Towards a peaceful, united and harmonious Malaysia
16 October 2014
Walk for Peace and Freedom
1. The
Malaysian Bar has walked to Parliament today as part of our on-going
campaign for the repeal of the Sedition Act 1948. It is in order to rid
ourselves of an unjust law and unneeded crutch, and for the realisation
of a better Malaysia.
2. The
Malaysian Bar’s walk today is called the “Walk for Peace and Freedom”
because we wish to promote a peace anchored by bonds of unity, lasting
harmony and true mutual respect amongst Malaysians. We walk for the
freedom from fear and intimidation; freedom from extremism; freedom from
divisiveness; freedom from exploitation for personal, sectarian and
selfish gains; freedom to question, criticise, discuss and debate;
freedom to learn; and freedom to grow and mature.
3. The
Sedition Act 1948 is inherently flawed. It is designed to subjugate,
suppress and oppress. It is NOT designed to promote peace, harmony and
unity. As a piece of criminal legislation, it is repugnant to the rule
of law because it punishes freedom of speech and expression of thought
by the use of imprecise and ill-defined offences. It does not require
any proof of ill intention or intention to create disorder. Truth is
not a defense. Hence, the Sedition Act 1948 in fact criminalises the
truth.
4. The
Walk for Peace and Freedom is part of the Malaysian Bar's response to
Prime Minister Dato’ Sri Najib Razak's call for all right thinking and
moderate Malaysians to stand up and speak out. The Malaysian Bar walks
so as to give voice to such Malaysians.
Malaysia’s transformation
5. On
3 April 2009, when Dato’ Sri Najib Razak became Prime Minister, he
announced a series of freedom-enlarging measures. He removed the
temporary ban on two news publications. He released 13 detainees from
detention under the Internal Security Act 1960. He announced the
conducting of a comprehensive review of the Internal Security Act 1960.
He declared that “[t]hese decisions are timely as we move to enhance
the confidence of our citizens in those entrusted with maintaining
peace, law and order, while recognizing the need to remain vigilant of
the very real security threats we continue to face as a young nation.”1
6. On
the eve of Malaysia Day 2011, 15 September 2011, Prime Minister Dato’
Sri Najib Razak took the bold step of announcing that the Internal
Security Act 1960 and three Emergency Declarations would be repealed at
the next sitting of the Dewan Rakyat and Dewan Negara. The Banishment
Act 1959 and the Restricted Residence Act 1933 would also be repealed.
He also announced that the government would amend the Printing Presses
and Publications Act 1984 to do away with annual printing and publishing
permits. The Police Act 1967 would be amended to allow for freedom of
assembly, wherein the requirement for a permit or permission to assemble
in public would be repealed. These announcements were implemented.
7. Prime
Minister Dato’ Sri Najib Razak had in April 2012 also introduced
amendments to the Universities and University Colleges Act 1971 to allow
for a broader measure of freedom of expression and association by
university students. These came into force in August 2012.
8.
Following on from these significant developments, Prime Minister
Dato’ Sri Najib Razak had on 11 July 2012 announced that the government
would repeal the Sedition Act 1948 and replace it with a National
Harmony Act. He stated the following in his speech delivered at the
“Majlis Makan Malam Jabatan Peguam Negara Bersama YAB Perdana Menteri”:
“Kerajaan telah membuat keputusan agar Akta Hasutan 1948 dimansuhkan dan digantikan dengan suatu rang undang undang yang dikenali sebagai Akta Keharmonian Nasional. Keputusan menggantikan Akta Hasutan dibuat kerana kita mahu mencari mekanisme yang dapat menentukan keseimbangan terbaik diantara keperluan menjamin kebebasan bersuara setiap warganegara sesuai dan selaras dengan peruntukan dan jaminan yang terkandung di dalam Perlembangan Pesekutuan dan keperluan untuk menangani kompleksiti kemajmukan yang wujud dinegara ini. With this new Act we would be better equipped to manage our national fault lines. It would also help to strengthen national cohesion by protecting national unity and nurturing religious harmony….Kerajaan sedar bahawa umum menganggap Akta Hasutan 1948 sebagai alat kerajaan untuk merencatkan tindakan dan pandangan yang tidak sealiran dengan kerajaan. Walaupun anggapan sedemikian adalah tidak berasas sama sekali, kita perlu menghapuskan persepsi tersebut. Lantaran itu, peruntukan-peruntukan baru ini tidak akan menghalang rakyat untuk mengkritik kerajaan dan pentadbiran keadilan….Pada analisis akhirnya saya teringat kepada pendapat ahli falsafah tersohor Britain, John Locke: “The end of law is, not to abolish or restrain, but to preserve and enlarge freedom”. Second Treatise Of Civil Government (1690)….
Melalui pemansuhan dan penggubalan undang-undang yang sedang berjalan, kerajaan mahu memastikan ruang demokratik yang mencukupi disediakan untuk perbezaan pendapat serta persaingan idea. Pucuk pangkalnya, kita mahu mencipta sebuah Malaysia di mana prinsip hak asasi manusia dijunjung, kebebasan individu untuk menyatakan pendapat secara terbuka diraikan, seraya kepentingan individu dan komuniti diimbangi.”
9. The
Malaysian Bar supports Prime Minister Dato’ Sri Najib Razak’s programme
of progressive and systematic reform and political transformation as
set out above. His thinking and instincts are correct, and we call upon
Prime Minister Dato’ Sri Najib Razak to remain steadfast and to
persevere and continue with them.
Evils of the Sedition Act 1948
10. In
this regard, we would point out that the Sedition Act 1948, as with its
predecessor the Sedition Ordinance, was conceived by our then colonial
masters and used as an instrument of oppression. It is an archaic and
repressive law, and is the antithesis of democracy, rule of law, justice
and human rights.
11. The
Sedition Act 1948 has been used to stifle speech and expression, to
shut out contrary views and voices, to quell dissent and opposition, to
constrict and deny democratic space, and to oppress and suppress
Malaysians.
12. The
Sedition Act 1948 has been justified on the premise that there are
matters that are too sensitive to address, speak about or debate; and
that this particular legislation is therefore required to ensure and
maintain harmony, unity and public order. Our 57 years of “Merdeka” has
clearly shown this to be a myth.
13. The
Sedition Act 1948 has instead served to deter or prevent important
issues from being properly and genuinely addressed. Some of these
issues are effectively “swept under the carpet” and allowed to fester.
This legislation serves to perpetuate and entrench the racial,
religious and other fault lines in our nation. It thus undermines and is
counter-productive to efforts to build lasting peace and harmony,
strong bonds of unity and real mutual respect in Malaysia.
14. It
is no answer to say that we could improve on its use and implementation
to avoid abuse. Our history of such oppressive laws, including the
Internal Security Act 1960 (since repealed), has shown us that such laws
are frequently abused irrespective of their stated purpose. The recent
“sedition blitz” where the Sedition Act 1948 has been used to probe
and/or prosecute students, law academics, lawyers, a journalist, members
of civil society, Members of Parliament and State Assemblypersons is a
glaring example of such abuse. To compound the problem, there are clear
instances of selective prosecution. The lesson we learn is that the
justness in the use of such laws cannot be dependent on the good faith
of the authorities. Laws must in themselves be good and just. The
Sedition Act 1948 is not such a law.
15. The
statements of Prime Minister Dato’ Sri Najib Razak on his 1Malaysia
blog dated 7 August 2012 and 4 April 2013 are to the Malaysian Bar an
express recognition by the Malaysian Government that the Sedition Act
1948 is indeed an obsolete and antiquated law that is no longer
suitable, relevant or consonant with the times.
An inclusive Malaysia
16. The
Malaysian Bar further recalls the speech of Prime Minister Dato’ Sri
Najib Razak at the United Nations General Assembly in New York City on
26 September 2014 where he said:
“[W]e must pursue a different kind of politics…We must break the cycle where one group gains power only to wield it against the other. Where marginalisation leads to radicalisation, as people lose confidence in the state’s ability to provide both security and co-existence. Individuals and ethnic and religious groups need to feel they have a stake in a nation’s success, not its failure. So we should commit to more inclusive politics."
17. In
the same speech, Prime Minister Dato’ Sri Najib Razak also said that,
“By demonstrating moderation in the political process, we can ensure
no-one is left outside society.”
18. The
Malaysian Bar could not agree more with Prime Minister Dato’ Sri Najib
Razak’s words on “inclusive politics”. The fundamental freedoms of
speech and expression, giving voice to thoughts and ideas, as well as
the right to information, are fundamental attributes of a vibrant and
thriving democracy, and that are essential for the development, progress
and growth of a nation. It is robust debate, diversity of opinion and
education that would ultimately promote, inculcate and maintain true and
enduring unity, goodwill and mutual respect amongst Malaysians.
19. In
the same speech at the United Nations, Prime Minister Dato’ Sri Najib
Razak said that, “Malaysia stands ready to share its experience of
marginalising extremism, maintaining a multi-religious country, where
different faiths coexist and prosper.”
20. It
cannot be that Malaysia’s sharing of its experience in fostering
moderation is that of restricting freedom of speech and expression,
arresting, investigating, intimidating and charging individuals under
the Sedition Act 1948. It is precisely the clamping down on views,
discourse and expression, and restricting democratic space, under the
guise of the Sedition Act 1948, that has the effect of pandering to and
encouraging extremist elements, and fomenting disunity and disharmony.
21. It
is the use and abuse of the Sedition Act 1948 that has further served
to impede the development of a mature, considerate and accepting
Malaysian psyche; and perpetuates immaturity; lack of understanding;
confusion and ignorance amongst Malaysians; and exploits insecurities,
anxieties and fears.
22. The
Sedition Act 1948 has no place in our nation, which aspires to be a
modern, moderate and progressive democratic society that seeks to
respect the rule of law and to engender lasting harmony and unity. The
continued existence and use of this legislation only serves to prolong
an addiction to a reliance on its draconian provisions as a knee-jerk
reaction to expressions of purportedly sensitive issues and dissenting
views.
23. We
should instead be providing and promoting an environment where
Malaysians engage one another in discourse and debate, questions and
queries are answered, and criticisms are met with explanations; an
environment where we can learn to transform into an inclusive, moderate,
harmonious and unified Malaysia.
24. As
the Sultan of Perak, His Royal Highness Sultan Nazrin Muizzudin Shah
said in his speech at the University Malaya 53rd Convocation held on 13
October 2014,
“… Minda terbuka dapat memerdekakan jiwa individu daripada sebarang prejudis dan buruk sangka. Minda terbuka akan mengupayakan seseorang memahami malah menghormati pandangan pihak lain betapa berlainan sekalipun. Minda terbuka akan menyuburkan perasaan sabar dan toleransi untuk bersedia mendengar hujah yang berbeza betapa sekali tidak dipersetujui. Minda terbuka akan memberikan ruang untuk membolehkan lahir dan tumbuhnya idea baru, menyemarakkan budaya inovasi dan menyuburkan minda kreatif. Minda terbuka adalah komponen amat penting untuk membantu mengukuhkan amalan demokrasi di dalam sesebuah negara……Malah minda terbuka adalah faktor yang telah memungkinkan tertubuhnya sebuah negara bangsa melalui kejayaan mencantumkan rakyat daripada pelbagai agama, negeri, kaum, budaya dan bahasa menjadi satu warga kepada sebuah negara Malaysia yang merdeka; minda terbuka juga berjaya menyatukan matlamat di kalangan sembilan Raja yang bersemayam di istana dengan rakyat jelata di serata kota dan desa. Nyatalah minda terbuka adalah aset sementara minda tertutup adalah liabiliti.”
(Our translation: “…Open-mindedness liberates the spirit of an individual from any form of prejudice or ill-will. Open-mindedness enables one to understand and respect the views of others no matter how contrarian they may be. Open-mindedness enables patience and tolerance to be able to listen to dissenting views no matter how disagreeable they may be……Open-mindedness is the factor that has made possible the establishment of a nation by the successful union of people of diverse religions, states, ethnicities, culture and language to form an independent country called Malaysia; open-mindedness also achieved unity of purpose among nine Rajas who reside in the palace with the citizens of all the cities and the countryside. Clearly, open-mindedness is an asset whereas close-mindedness is a liability.”)
Towards a peaceful, united and harmonious Malaysia
25. Lasting
harmony and unity requires a lot of hard work, patience, understanding
and education; not suppression, prosecution and punishment. Yes, the
process could be long and would be painful; we will fumble and make
mistakes, even serious mistakes, but we will learn and move forward. It
is folly to think and believe that the Sedition Act 1948 or laws
similar to it are the answers to promote, inculcate and maintain true
lasting harmony and unity. How wrong and misconceived can we be to
believe that force and punishment would engender respect and goodwill.
It instead impedes learning, discourse, growth and maturity.
26. We
therefore have grave concerns that the intended National Harmony Act
should not seek to recast the Sedition Act 1948 either in whole or in
part. We recognise that no freedom is without limits. Thus,
incitements to, threats of or acts of racial or religious violence, and
bringing into hatred the Royal Institution, are not acceptable in
Malaysia.
27. These
could, however, be dealt with by other legislation. The intended
National Harmony Act or any replacement legislation by any other name
should not seek to criminalise thought, speech and expression. It should
instead provide a framework that recognises and encourages interaction,
discourse, debate and learning. If there is to be a need for some
measure of criminal penalties, then such measures must be limited –
unlike the provisions of the Sedition Act 1948 that are imprecise and,
also unlike other criminal offences, the Sedition Act 1948 does not
require mens rea, that is the element of intent – the scope of the new
offences must be narrowly defined and confined, and the threshold for
breach must be set higher. Only threats of or incitement to, and actual
ethnic or religious violence to persons or property should be
criminalised, and the element of intention must be present.
28. A
copy of the Resolution of the Malaysian Bar calling on the Malaysian
Government to abolish the Sedition Act 1948 that was passed at its
Extraordinary General Meeting on 19 September 2014 is attached for
further information and reference. The Resolution was passed by an
overwhelming majority of those who attended the Extraordinary General
Meeting. The Resolution sets out in detail the way in which the
Sedition Act 1948 has been abused, recounts the recent and unprecedented
wave of arrests, investigations and charges, calls for the immediate
repeal of the Sedition Act 1948 and the dropping of all action
thereunder, and supports the proposed National Harmony legislation.
29. The
Malaysian Bar recognises that Islam is the religion of the Federation
and other religions may be practised in peace and harmony; the special
positions of the Malays and natives of any of the States of Sabah and
Sarawak and the legitimate interests of other communities; and the
sovereignty of the Rulers — these are clearly set out in the Federal
Constitution. The Malaysian Bar upholds the Federal Constitution as the
supreme law of the land. The call to repeal the Sedition Act 1948 is
not a challenge to those provisions.
30. The
Royal Institution, for example, is an integral and important part of
our nation-building. Malaysians look to the Rulers to be Rulers and
champions for all Malaysians, and not only for a segment of Malaysians.
31. There
are extremist and irresponsible elements in our society. They spread
misinformation, use intimidation and divisiness. They exploit fear and
insecuritites. They seek to drive a wedge between Malaysians and
polarise us. Do not allow them to succeed.
32. The
Malaysian Bar recalls the preamble to the Rukun Negara: we are a nation
dedicated to achieving a greater unity of all her peoples; seeking to
maintain a democratic way of life; creating a just society; ensuring a
liberal approach to Malaysia’s rich and diverse cultural traditions; and
building a progressive society and nation.
33. The
Malaysian Bar therefore urges Prime Minister Dato’ Sri Najib Razak and
the Malaysian Government to continue to commit to and promote the
building of a fair, just, harmonious, unified, moderate and progressive
Malaysia, and reject all forms of bigotry, racist and religious
extremism; to stay the course and to abide by its original and
oft-repeated public pledge and promise to repeal the Sedition Act 1948.
Christopher Leong
President, Malaysian Bar
For and on behalf of the Malaysian Bar
16 October 2014
Malaysia Wins UN Security Council Seat
Datuk Seri Anifah AmanFrom Nani Rahayu Yusof
NEW YORK, Oct 16 (Benama) -- Malaysia won a non-permanent seat in the United Nations Security Council (UNSC), taking 187 out of the total 192 votes.
The voting took place at the United Nations General Assembly hall to fill five vacancies among the Security Council's non-permanent membership.
Foreign Minister Datuk Seri Anifah Aman was at the hall to cast the vote for Malaysia.
Malaysia needed to garner at least 130 votes to get elected.
A total of 193 representatives of UN member countries were eligible to cast their votes to elect the five new members of the council.
The new members will take up their seats on Jan 1, 2015 and will serve on the Council until Dec 31, 2016.
The five seats available for election in 2014, distributed regionally, are: one seat for the African Group (currently held by Rwanda); one seat for Asia-Pacific Group (currently held by the Republic of Korea);
One seat for the Group of Latin American and Caribbean States, (currently held by Argentina); and two seats for the Western European and Others Group (currently held by Australia and Luxembourg).
Lithuania will maintain for another year the seat for the Eastern European Group.
The respective winners for other vacancies were Angola (Africa), Venezuela (Latin America and the Caribbean) and New Zealand (Western European and Others Group) while Spain and Turkey are involved in a third round of balloting to fill the remaining seat.
The five permanent Council members, which each wield the power of veto, are China, France, Russia, the United Kingdom and the United States. Along with Lithuania, the non-permanent members that will remain on the Council until the end of 2015 are Chad, Chile, Jordan, and Nigeria.
Under the UN Charter, the Security Council has primary responsibility for the maintenance of international peace and security. Each of the Council's members has one vote. Under the Charter, all UN Member States are obligated to comply with Council decisions.
The Security Council takes the lead in determining the existence of a threat to the peace or acta of aggression. It calls upon the parties to a dispute to settle it by peaceful means and recommends methods of adjustment or terms of settlement. In some cases, the Security Council can resort to imposing sanctions or even authorize the use of force to maintain or restore international peace and security.
The Security Council also recommends to the General Assembly the appointment of the Secretary-General and the admission of new Members to the United Nations.
And, together with the General Assembly, it elects the judges of the International Court of Justice.
Prior to this, Malaysia has been on the UNSC thrice - in 1965, 1989 till 1990 and 1999 till 2000.
Vexed MIC group wants president's head to roll
Disgruntled MIC leaders and members have
called for party president G Palanivel's resignation due to electoral
discrepancies in the party polls.
"All
those responsible for this fraud, which is a criminal offence that can
cause the party to be de-registered, must resign, including the party
president," said MIC strategy director S Vell Paari.
The son for former MIC president S Samy Vellu was among some hundreds of MIC members and leaders who submitted a memorandum to Prime Minister Najib Abdul Razak at his office in Putrajaya today.
The memorandum expressed their unhappiness with the Registrar of Societies (ROS) allegedly dragging its feet over the complaints filed on the MIC elections.
"What we are basically telling ROS it that it has been more than 10 months.
"We are looking for justice for all those victimised through this illegal election process," said Vell Paari.
Vell Paari (left) added that a “clear fraud has been committed” during the last party elections alleging that ineligible voters had cast their ballots.
“People who have been democratically given the right like Puteri (MIC) have been denied right to vote.
“Same time, those who have been ineligible to vote on that particular day had been asked to vote,” he said.
Three weeks to respond
Former MIC Youth chief T Mohan who led the group to hand over the memorandum said ROS has three weeks to respond to the memorandum, failing which it would take further action.
He said that the handing of the memorandum was endorsed by over 50 MIC branch leaders and almost 3000 MIC members.
Meanwhile, another former MIC Youth chief, SA Vigneswaran, added that the election discrepancies was not just limited to Central Working Committee (CWC) elections but was far more widespread.
“This memorandum not just regarding the election of the vice president but also the complaints received on elections at the branch and district levels.”
However, ROS has denied allegations of not taking any action.
ROS deputy director-general Mohd Norzam Mustapa told Bernama yesterday that they have been conducting an inquiry on the issue.
"For the record, investigations were carried out as soon as the report was received. The investigation papers are almost complete," he said.
"All
those responsible for this fraud, which is a criminal offence that can
cause the party to be de-registered, must resign, including the party
president," said MIC strategy director S Vell Paari.The son for former MIC president S Samy Vellu was among some hundreds of MIC members and leaders who submitted a memorandum to Prime Minister Najib Abdul Razak at his office in Putrajaya today.
The memorandum expressed their unhappiness with the Registrar of Societies (ROS) allegedly dragging its feet over the complaints filed on the MIC elections.
"What we are basically telling ROS it that it has been more than 10 months.
"We are looking for justice for all those victimised through this illegal election process," said Vell Paari.Vell Paari (left) added that a “clear fraud has been committed” during the last party elections alleging that ineligible voters had cast their ballots.
“People who have been democratically given the right like Puteri (MIC) have been denied right to vote.
“Same time, those who have been ineligible to vote on that particular day had been asked to vote,” he said.
Three weeks to respond
Former MIC Youth chief T Mohan who led the group to hand over the memorandum said ROS has three weeks to respond to the memorandum, failing which it would take further action.
He said that the handing of the memorandum was endorsed by over 50 MIC branch leaders and almost 3000 MIC members.
Meanwhile, another former MIC Youth chief, SA Vigneswaran, added that the election discrepancies was not just limited to Central Working Committee (CWC) elections but was far more widespread.
“This memorandum not just regarding the election of the vice president but also the complaints received on elections at the branch and district levels.”
However, ROS has denied allegations of not taking any action.
ROS deputy director-general Mohd Norzam Mustapa told Bernama yesterday that they have been conducting an inquiry on the issue.
"For the record, investigations were carried out as soon as the report was received. The investigation papers are almost complete," he said.
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