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Thursday, 13 November 2014

Hisham: Umno 'tested' by power hungry Malays

NGO claims Malaysian bank promoting LGBT rights

ISIL displays scenes of executions across Mosul: council

Al Shofa

The "Islamic State of Iraq and the Levant" (ISIL) has installed large screens across Mosul which display videos of executions and tortures, the Ninawa tribal council said Friday (November 7th).

"ISIL has installed five screens in al-Majmoua, al-Sarjkhanah, al-Zuhour, al-Mithaq and al-Maydan neighbourhoods in Mosul and began screening videos of various executions, floggings and torture of civilian victims," council deputy head Ibrahim al-Hassan told Al-Shorfa.

ISIL also is broadcasting extremist sermons calling for attacks and urging Iraqis to join the group, he added.

These steps are an attempt by ISIL to intimidate the people of Mosul after rejection against it grew, al-Hassan said.

Saudi teenager calls police after father arranges marriage with handsome young man... but swaps him for a friend in his NINETIES at the wedding

  • Girl, 17, had agreed to marry man in his 20s after meeting him at her home
  • Later discovered husband on wedding contract was nearly 100 years old
  • She has won court case to have her marriage declared 'null and void'

A Saudi girl was forced to call the police on her father after he duped her into marrying a man who was nearly 100 years old.

The 17-year-old had initially accepted her father's wish for her to marry a handsome man in his 20s after meeting the groom-to-be at her house.

But when the wedding contract was drawn up, she was horrified to discover that the paperwork showed her new husband was a different man in his 90s who lived in another city.

Refusing to accept the arrangement, the teenager fled home and called police to prevent her being sent to her new groom in Medina.

The case eventually went to a court which ruled that her marriage should be declared 'null and void', it was reported by local news site Sabq, according to Gulfnews.com.

After the case made national headlines, the father, who lives in the southern area of Jazan, was accused by social media users of 'selling his daughter to the old man'.

While praising the girl for her courage, they say legal action should be taken against him for abusing his daughter's trust.

The case follows that of a 15-year-old child bride from Jazan who locked herself in her bedroom on her wedding night after being forced to marry a 90-year-old Saudi man.

It was reported in January last year that the teenager locked the door from the inside so that her new husband could not enter on their first night as a married couple.

Two days later, she fled back to her parents' home.

The 15-year-old’s arranged marriage sparked outrage and widespread condemnation in Saudi Arabia where activists took to Twitter calling it child trafficking and prostitution.

Her elderly husband said he paid the parents £10,767 for the teenager so they could wed.

But he later claimed he suspected his bride and her parents had set out to swindle him of the dowry.

‘Tis the season of forgetfulness over financial scandals

Dr Mahathir has been one of the most critical voices against 1MDB and says it adds to the nation's debt. - The Malaysian Insider pic, November 12, 2014.So much has happened over the years that one is forgiven for forgetfulness about what went wrong or right in Malaysia.

Malaysians have seen a series of financial scandals, each that seem bigger than the previous one.

Right now, the focus is on 1Malaysia Development Berhad (1MDB). Everyone is concerned about its debts and the government's liability if it fails. That includes Tun Dr Mahathir Mohamad and Tun Daim Zainuddin, and rightly so, as the two men navigated Malaysia through tough economic times in the past.

But what about the huge gaping hole called Perwaja, not to mention Malaysia Airlines (MAS) and PKFZ during Dr Mahathir's long 22 years in power. Or Maminco or Bank Negara's forex scandal if that ever strikes one's minds.

Weren't they scandals that hogged the headlines in the past, only to be quickly dismissed by the government of the day and either government guarantees or public funds poured in to bail them out?

And then Daim talks about widening income gap, blah blah blah... that is blighting the nation. Didn't that also happen in the past few decades and not just a recent phenomenon?

The thing is, the Malaysian economy did not become dysfunctional overnight. The excesses, subsidy mentality were also features in both of Daim's terms in office during the Mahathir years.

Malaysia went through several cycles of economic slowdowns where there was much pump-priming. That playbook has hardly changed in recent years although prime ministers have changed.

See, the only saving grace for all the missteps and mismanagement and gross incompetency or corruption over the decades is that Malaysians are a forgiving lot.

We have not pushed anyone out office for losing billions of ringgit over the years. Financial scandals have not lost anyone public office in Malaysia.

Dr Mahathir and Daim have a right to be concerned as much as other Malaysians about the country's economy and the rising public debt but they have to remind themselves the same happened during their time in office.

There is little difference between them and the current government in thinking that they know best for the country's economy – no matter the criticisms and concern of the ordinary people who have to tighten their belts because the government is not doing exactly that.

They can forget the past financial scandals but Malaysians should not, and not let them get away without accounting for their deeds in public office. – November 12, 2014.

- See more at: http://www.themalaysianinsider.com/malaysia/article/tis-the-season-of-forgetfulness-over-financial-scandals#sthash.SSAy0Ywu.dpuf

Home Ministry to develop RM30 million ‘Traffic Cops’ system – Bernama

The Home Ministry will allocate RM30 million for its enforcement agency to develop an online payment system known as Traffic Cops.

Its secretary-general Datuk Seri Mohamad Khalid Shariff said Traffic Cops was among the methods to be implemented by the ministry to solve the problem on unpaid summonses among foreign traffic offenders.

He said under the provision, the enforcement agency involved would also be equipped with plate number scanners or automated number plate recognition (ANPR) at all entry points to Malaysia.

"Through this system, we hope we can solve the issue of outstanding summonses involving foreign nationals, specifically Singaporeans, because at every entry point to Malaysia, foreign vehicles would be scanned by ANPR to know their traffic offences.

"This means, they must settle their summonses before leaving the country," he said during a Session with the Media: Series 3 of the Auditor-General's Report 2013 in Kuala Lumpur today.

Asked if there were cases of foreign nationals changing their car registration number before leaving Malaysia, Mohamad Khalid said such a scenario was beyond the ministry's ambit.

"The data on vehicle number ownership is under the relevant enforcement agency of the country from where the motorists originate.

"We cannot obtain the data arbitrarily, as such it is difficult to ascertain if the foreign nationals have changed their vehicle number," he said.

The Auditor-General's Report 2013, Series 3, which was released on Monday, states that 16.3 million summonses were issued by traffic police in 2011-2013 and of the total, 121,664 were issued to non-citizens.

The report said of the 121,664 summonses, only 12,713 were settled with RM7.63 million in fines collected. – Bernama

MAS sacks steward held for alleged sexual crime, union, lawyers cry foul

A screengrab of Laura Bushney when she appeared in an interview on Australia's Channel 7. – November 13, 2014.
Malaysia Airlines (MAS) has fired a flight steward languishing in a Paris detention centre since August, even before he is charged and tried for an alleged sexual assault, says the national flight attendants union.

The union, which is crying foul over the sacking, said the action by the loss-making flag carrier was unlawful and against the rules of natural justice.

National Union of Flight Attendants Malaysia (Nufam) president Ismail Nasaruddin told The Malaysian Insider that the employee who had served the national carrier for 32 years was notified of his termination in a letter that was sent to his home in the Klang Valley two weeks after the alleged incident.

"This is unprecedented as the letter was sent when he is still languishing in an overseas detention centre," said Ismail.

Ismail said MAS had given the steward 60 days to appeal against the termination on grounds of "misconduct".

"How is he going to appeal when he didn’t know that he was sacked from his employment?" Ismail asked.

The union has referred the matter to the Industrial Relations Department to reinstate the 57-year-old employee.

Ismail alleged that MAS had divorced itself from the case, and had not provided any assistance to the family of the steward.

"It is the Malaysian Embassy in Paris that has been helping our member and his family to cope during this difficult time," said Ismail, who expressed frustration and unhappiness over the way MAS had handled the case.

Ismail also said that MAS wanted to wash its hands off the incident as it was struggling from the negative publicity generated following the missing MH370 flight and downed MH17 flight.

On March 8, Flight MH370, carrying 227 passengers and 12 crew members, went off the radar over the South China Sea, an hour after takeoff from the KL International Airport at 12.41am. The aircraft was bound for Beijing, China.

Efforts to locate the aircraft are still ongoing in the southen Indian Ocean but there has been no trace of the jet yet.

Flight MH17 crashed in eastern Ukraine on July 17 enroute from Amsterdam to Kuala Lumpur with 283 passengers and 15 crew members on board. The Boeing 777-200 aircraft is believed to have been shot down by a ground-to-air missile.

Lawyer Ragunath Kesavan said that MAS, as the employer, should have made an effort to secure the release of the steward from the detention centre.

"The employee is deemed innocent until proven guilty by a court and MAS should have gone all the way to secure his freedom from the detention centre," he said.

He said the alleged sexual misdemeanour also took place when the steward was on duty.

Describing the sacking as extremely harsh, Ragunath said that MAS could have suspended him and paid 50% of his wages.

"The sacking is very harsh and the right of the employee's livelihood and his dependants have been affected," added Ragunath, who also handles employment and industrial dispute cases.

He said a domestic inquiry should have been held so that the union or the family members could have appeared before the committee to explain what had transpired.

"MAS could redeem itself by restoring the employment of the cabin crew when the matter comes for conciliation before the (Industrial Relations) department," he added.

Ragunath said a gross injustice had been done to the steward who was still being investigated for the crime in France.

"Why is it taking such a long time? In Malaysia one is detained for only 14 days and thereafter must be charged or freed," he said.

Lawyer Shailender Bhar, who has been engaged by the steward's family, said French police had no jurisdiction to investigate the sexual assault on a passenger as the incident did not take place in that country or its air space.

The lawyer said that under the Tokyo Convention, the steward, who has been held by French police for investigation for sexual assault since August 5, should be sent home for investigation.

The Malaysian Insider understands that under the French criminal procedure code, a suspect could be held until the magistrate supervising the investigation gave the nod to frame charges or free the suspect.

There have been cases of suspects who remained in detention for up to four years although the law allows a maximum of 10 years.

Shailender said that from information gathered so far, the complainant, Australian Laura Bushney, 26, claimed that the first incident had occurred on the Paris-bound MAS Flight MH20 at the Kuala Lumpur International Airport before the flight took off.

The second incident took place three-and-a-half hours later while the plane flew over the Bay of Bengal, India, in international air space.

French news portal FranceTVInfo first reported that the steward had been detained for sexually assaulting a passenger during the flight.

The passenger had apparently expressed her nervousness about flying over the Indian Ocean following the disappearance of Flight MH370 and the downing of Flight MH17.

The passenger, it was reported, lodged a police report upon reaching the Charles de Gaulle airport on August 5.

The steward was then questioned and, two days later, taken into custody.

Doubts have been cast on Bushney’s allegations, however, after she appeared on an Australian television station to speak about the incident.

She had also recorded part of the alleged assault on her camera phone instead of trying to stop it, which viewers found illogical.

Social media users criticised Bushney after watching the 30-minute interview, calling her story far-fetched and accusing her of “doing it for money”.

Some questioned how she had managed to record the incident if she was indeed as scared as she had claimed.

Others also took issue with “compromising” photos of her on her Instagram account, but those posts have since been deleted. Some, though, said that as the victim, she should not be blamed.

Bushney had said in the programme that the steward had "begged me not to report the incident, while we were still in the air, as he had a wife and a child".

She said the steward took advantage of her fears about flying on MAS following the MH370 and MH17 incidents by sitting next to her and then eventually touching her on her legs and private parts. – November 13, 2014.

- See more at: http://www.themalaysianinsider.com/malaysia/article/mas-sacks-steward-held-for-alleged-sexual-crime-union-lawyers-cry-foul#sthash.YPOfuO3K.dpuf

Ex-CJ: Ruling could lead to same-sex marriage

 
Former chief justice Abdul Hamid Mohamad has said the recent Court of Appeal ruling recognising the rights of transgender persons could open the floodgates that lead to same-sex marriage.

He said based on the same grounds of judgment, religious laws enacted by states are also in jeopardy of being declared unconstitutional, even though the constitution supposedly empowers the states to enact such laws.

"The grounds given by the court has wide implications.

"When Islamic laws can be declared unconstitutional based on liberal interpretations from the courts of secular countries (India and USA); when Islamic laws are measured against liberal Western-style values; when Islamic laws can be challenged on grounds that it is 'unreasonable' to a judge, including those who are not Muslim, then Islamic laws will be constantly exposed to the possibility of being declared invalid," he said in his blog.

Among the religious laws that are threatened, he said, include laws that allow Muslims to marry more than one wife, and make it illegal for Muslims not to pay zakat (tithes), to consume liquor and to have extra-marital sex and sodomy.

"Moreover, this judgment will pave the way to same-sex marriage. It seems that what I had feared has started," he said.

Our values

He said it is inappropriate to cite Indian and American precedents as “they do not share our values".

"The Court of Appeal judges are clearly very influenced by the Western interpretation of human rights," he said.

He added the judges had erred in ruling based on "unreasonableness" of the law, as their ambit is only to judge if it is "unconstitutional", not if it is reasonable or not.

On Nov 7, the Court of Appeal ruled that Section 66 of the Negri Sembilan Syariah Enactment which bans cross-dressing is unconstitutional.

It ruled that the evidence show the appellate, three Muslim transgender individuals, suffer from Gender Identity Disorder which has no therapy or cure.

Therefore, the Section 66, which opens them to arrests, condemns them to a life of “indignity” and “uncertainty”, the judgment grounds reads.

The Negri Sembilan government said it will appeal the decision at the Federal Court.

WAO to Police: Work with us, not against us

If a shelter allows police to visit with an abusive husband, it cannot provide the victim-survivor with a safe, supportive environment.

FMT

PETALING JAYA: Women’s Aid Organisation (WAO) Advocacy Officer Kristine Yap said that although they valued the role police played in protecting victims of domestic violence, the two parties needed to work together instead of against each other for the sake of the women involved.

Referring to last month’s incident which saw three police officers bringing an abusive husband to the shelter, Yap related in a statement that WAO’s experience with the police had not been “short of challenges”.

According to Yap, the police demanded to search the place for the abusive husband’s wife as one of their children had taken ill after the husband chased his wife out of the house.

She said that the role of WAO was a safe house and shelter that provided a safe and supportive environment where women could rebuild and regain control of their lives.

“More pertinently, the function of a shelter and safe house is to provide physical and psychological safety to a person or family experiencing domestic violence,” said Yap who added that the police should not reveal the classified address of the shelter to anyone, least of all the perpetrator.

“Bringing the abusive husband to the shelter compromises the safety and confidentiality of WAO’s shelter, potentially risking the lives of women and children who seek refuge here.

“On top of that, the police should not turn up at the shelter with the perpetrator, aggressively demanding the staff and residents to let them in,” said Yap.

She said that in such situations, the police should first check whether the wife had made a report against her husband.

Following this, they should confirm the missing person’s whereabouts and safety before meeting the abused woman’s social worker instead of “turning up at the shelter unannounced, causing distress”.

Yap also hoped that the police would assist in taking action if the perpetrator and, or his family members were to create a scene at the shelter gate, hurling insults at the shelter staff and residents.

She said that WAO was always quick to notify the police of any incidents and had cooperated with the police with face-to-face meetings at the Bukit Aman police headquarters in order to ensure a good relationship.

Yap acknowledged the police’s help in intervening at the shelter gates and providing immediate assistance when called upon and hoped that in future, they could continue to improve and strengthen their partnership in their continued efforts to eliminate domestic violence.

No chicks, only empty coops

Participants in the 1Azam poverty eradication programme sold the chickens and did not buy new chicks to continue the cycle.

FMT

KUALA LUMPUR: “When the auditor came, no chickens were found. All that was left were the chicken coops.”

That was the response of Agriculture and Agro-based Industry (MOA) Ministry secretary-general Mohd Arif Ab Rahman to the Auditor-General’s Report 2013 which revealed that the 1Azam poverty eradication programme was unable to increase the participants’ household income.

He said this when asked about the matter during the Auditor-General’s Report 2013 Series 3 media session at the Perdana Auditorium, Angkasapuri here today.

Mohd Arif said the ministry involved in 1Azam provided various forms of aid to programme participants to increase their monthly income, including the supply of chicks.

However, he said it was just sad that some participants failed to make optimal use of the aid.

“We gave them chicks and told them that once the chickens were sold, they should buy new chicks. Yes, they sold the chickens and received the money, but they spent it elsewhere. Now all that’s left are the chicken coops,” he said.

Mohd Arif said with this attitude, the participants would never get out of poverty.

“If they don’t want to try to increase their own income, no aid will ever work,” he said.

Meanwhile, Women, Family and Community Development Ministry secretary-general Sabariah Hassan said 1Azam participants were low-income earners and the poor.

“Through the training and tools provided under the programme, we hoped that the participants’ income would increase up to RM300 a month, but no amount of aid and assistance will help achieve the objective if the participants did not even try to make it work,” she said.

The report, tabled at the Dewan Rakyat last Monday, revealed that participants of the 1Azam programme failed to make optimal use of the aid provided to them to increase their income due to several reasons, including tough competition and capital shortage.

The participants also claimed that most of them were old and not so keen on venturing into business activities.

– BERNAMA

Invoke order to save Ashram, minister urged

Hindraf urges Minister of Tourism and Culture to invoke his powers to save Vivekananda Ashram from being commercially developed.

FMT

KUALA LUMPUR: Non-governmental organisation Hindraf has urged Minister of Tourism and Culture Nazri Abdul Aziz to invoke his powers as minister in charge of heritage under Section 67 of the National Heritage Act 2005, to permanently protect and preserve the Vivekananda Ashram and its surrounding land as a national heritage.

P Waytha Moorthy, as chair of Hindraf, made this request in an open letter to the minister, a copy of which was forwarded to Prime Minister Najib Razak.

In the letter, Waytha reminded Nazri of Malaysia’s position in the World Heritage Committee saying, “It would not auger well for the nation when such a building such as the Swami Vivekananda site is neglected with clear impunity by the trustees as well as the local authorities.”

He said this in relation to the two previous objections from the management of the board of trustees when the Commissioner of Heritage attempted to gazette the Vivekananda Ashram as a heritage site.

Saying the public was “not aware of what transpired beyond these objections”, Waytha said the perception was that the “government did not do anything beyond this to protect the site”.

Lamenting that the government’s “inaction” had led the board of trustees to convert the land status, Waytha said, “We are in the dark whether there was indeed a hearing conducted by the Heritage Commissioner and if so what the outcome of the hearing was.”

He added, “Based on the media reports, it appears that the Heritage Commissioner did not act beyond giving the two notices in 2008 and 2009.”

In the past few weeks, there has been major public uproar over plans by the board of trustees of the Vivekananda Ashram in Brickfields to develop the site as a 23-storey residential building with a six-storey car park while the Ashram itself is to be preserved in its original form.

Just a few out of 1.5 million is not bad

Chief Secretary to the government says not every one in the civil service is corrupt.

FMT

KUALA LUMPUR: The number of civil servants involved in misconduct as raised in the Auditor-General’s Report is small, Chief Secretary to the Government Dr Ali Hamsa said today.

Dr Ali Hamsa, nonetheless, said the government viewed seriously the cases of misconduct and that efforts would be taken to overcome them.

“We have 1.52 million civil employees. The impression given (by the report) was that everybody is doing it. No, I can’t even say that it is the tip of the iceberg. It’s less than that.

“Those involved in wrongdoings are a small group but we would like to address them, he said during the Session With Media: The Auditor-General’s Report 2013 Series 3, at Angkasapuri here today.

He said disciplinary action taken included surcharge, witholding salary and promotions, and termination.

Debt-ridden Gov’t Fund Gives Critics Ammo to go After Malaysia’s Najib

Former premier Mahathir leads the charge

By Asia Sentinel

Malaysian Prime Minister Najib Tun Razak, who has been under fire since the May 2013 general election in which the opposition Pakatan Rakyat received more votes than the ruling National Coalition, has come under renewed pressure in recent weeks, political sources in Kuala Lumpur say.

The campaign, led from behind by 89-year-old former Prime Minister Mahathir Mohamad, is “gaining traction,” one analyst said, primarily over the controversial 1Malaysia Development Bhd sovereign fund, which from its inception has been dogged by questions of mismanagement and other problems and from all accounts represents a witch’s brew of bungling, if not outright corruption.

Najib, according to an UMNO source close to the Mahathir wing of the party, isn’t likely to be dumped at the United Malays National Organization annual general meeting to be held Nov. 24-29 in Kuala Lumpur, although his foes are expected use tactics to try to embarrass him obliquely and to go after his close allies including Khairy Jamaluddin, the Sports Minister, Justice Minister Ahmad Zahid Hamidi and Defense Minister Hishammuddin Hussein using strategies that the sources didn’t explain

Among other things, the rank and file are expected to push through measures that will be regarded as an affront to the premier, including a motion against his stated aim to abolish the country’s colonial-era sedition law. The use of the sedition law against opposition figures in recent months has become an international issue, with critics charging that the law is so vague that it can be used against almost anybody.

While it is regarded as extremely unlikely that that Najib will be sacked as party president at the AGM, the sources said, clearly his days are numbered as both party boss and head of government.

As a harbinger of what may be in the offing, Deputy Prime Minister and party Vice President Muhyiddin Yassin, who at age 67 has repeatedly said he is too old and tired to take over the top job, returned from the Haj to Mecca saying he felt rejuvenated.

Najib has been in trouble with Mahathir for a year and a half, even before the May 5 electoral debacle, in which the Barisan Nasional was able to hold onto the Dewan Rakyat, or Parliament, because of the country’s first-past-the-post voting system and substantial gerrymandering. As it is, the opposition holds Selangor and Penang, two of the country’s most prosperous states. Najib has also drawn considerable fire for the flamboyant behavior of his wife, Rosmah Mansor, who favors enormously expensive jewelry, watches and bags and has made the pages of New York newspapers cavorting in discotheques.

In August, after months of behind-the-scenes criticism, Mahathir announced on his blog, Che Det, that he was withdrawing his support for the prime minister. And, while he has not specifically demanded Najib’s ouster, a legion of allied bloggers including former New Straits Times editor A. Kadir Jasin and Syed Akbar Ali, have been highly critical of him.

Mahathir has also accused Najib of using government funds to buy voters’ support during elections, of favoring imported goods and neglecting local industry, of increasing the minimum wage regardless of cost-of-living increases, of damaging race relations and causing economic and financial damage to the country.

It is the 1MDB fund, however, that has served as a focal point for Mahathir’s criticism. The former premier has been supported in his attacks by former Finance Minister Daim Zainuddin, who has even questioned why the fund should exist.

The sovereign fund was born under unusual circumstances, first as an investment fund run on royalties from Terengganu state oil revenues. Najib in effect nationalized it with the involvement of a flamboyant Penang-born businessman named Jho Taek Low, a friend of Najib’s wife, taking it under the wing of the Finance Ministry and giving it the backing of the Malaysian government. Some RM18.1 billion is parked in overseas institutions, including an unexplained RM7.88 billion in the Cayman Islands, according to exhaustive reporting by The Edge, a Kuala Lumpur-based publication.

The fund has RM48.96 billion (US$14.68 billion) in liabilities against RM51.41 billion in assets, according The Edge. Opposition MP Tony Pua reported earlier this week on the floor of Parliament that 1MDB has missed three deadlines to repay RM317.3 million for land acquired domestically and risks forfeiting millions in deposits. There are fears the Malaysian taxpayer could be on the hook for the debt.

While last week Deputy Finance Minister Ahmad Maslan said on the floor of parliament, the government had only guaranteed RM5.8 billion of 1MDB’s debt, subsequent statements by others have raised suspicions that a great deal more has been guaranteed. Ahmad Maslan conceded in a message to The Edge that the federal government may be forced to step in to meet US$3 billion in obligations under a letter of support the finance ministry had produced, although he said he was optimistic that the fund’s debts could be restructured to meet its obligations.

There are many other problems afflicting not only the national coalition but the economy. GDP growth surprised economists pleasantly at 6.4 percent in the second quarter but, slumped to a still healthy 5 percent in the third, as external demand has fallen with the slowing global economy, not only in the US and Eurozone but China as well.. The precipitous fall in oil prices, from US$125 per barrel to about US$82, has hit exports hard.

Private consumption growth is moderating and inflation is rising at 3.3 percent annually. Household debt, at 86.8 percent, is one of the highest for developing countries. Private investment is decelerating at a still healthy 16.6%, supported mostly by capital outlays in manufacturing and services.

In addition, an explosive auditor general’s report was leaked this week detailing fraud and falsified documents on the part of civil servants including the loss of nearly RM 1 million by a low-level public official who has never been charged despite two police reports. Medical supplies worth RM1.5 million went missing, along with RM7.95 million in medical-related assets without anyone being prosecuted.

Who can count more than two Ministers in the Najib Cabinet who are committed moderates in the great battle between moderation and extremism – the raison d’etre for the foundation of Najib’s Global Movement of Moderates?

By Lim Kit Siang Blog,

I said yesterday that the “ruckus” in Parliament on Monday created by the Selangor UMNO/Barisan Nasional chief, Datuk Noh Omar, the UMNO/BN MP for Tanjung Karang had thrown up a teaser – whether the majority of UMNO Ministers, MPs and leaders are like Noh Omar, who are not prepared publicly to endorse Prime Minister, Datuk Seri Najib Razak’s Global Movement of Moderates (GMM) initiative and yet deny being an extremist.

Actually, the “ruckus” had done more, as it also raised the fundamental question how Najib’s GMM initiative could have any chance of success when it is impossible to identify more than a handful of committed moderates in Cabinet and UMNO/BN leadership!

For instance, how many Ministers and UMNO/BN leaders are fully committed moderates dedicated to the moderate agenda of the GMM campaign, as repeatedly spelt out by Najib in various international forums in the past four years, as follows:

“The fight against extremism is not about Christians versus Muslims, or Muslims versus Jews, but moderates versus extremists of all religions. We therefore need to rally a coalition of moderates; those willing to reclaim their religion, and pursue the path to peace.”

I cannot count more than two fully committed moderates in the Cabinet who are willing to take up the cudgel of moderation against extremism and rally behind a coalition of moderates to reclaim their religion and pursue the path to peace.

Are there more than two Ministers in the Najib Cabinet who are prepared to publicly declare themselves as “moderates” in the great battle between moderation and extremism which was the raison d’etre for the existence of the GMM!

Will Cabinet Ministers who regard themselves as committed moderates in the great battle between moderation and extremism please stand up and identify themselves?

This goes for the UMNO/BN political leaders as well!

Apart from the two “moderate” Ministers in the Cabinet, the rest seems to be either extremists or “nominal moderates” – or Malaysia would not have been plunged into the worst racial and religious polarisation in more than four decades of nation-building, with hate speech and incitement of racial and religious tensions and conflict without having the face the wrath and sanctions of the law becoming quite commonplace.

The MCA, Gerakan, MIC, Sarawak and Sabah Ministers may claim to be moderates, but they are at most “nominal’ or token moderates, who dare not take a stand against the extremists who preach intolerance and hatred against other faiths – demanding for instance that the Perkasa President, Ibrahim Ali should be prosecuted for his threat to burn the Bible as well as demanding that there should be zero tolerance for any threat to burn any holy books of any religion in multi-religious Malaysia.

The first three Prime Ministers of Malaysia, Tunku Abdul Rahman, Tun Razak and Tun Hussein, would be most dismayed if they are alive today to see the sad state of racial and religious relations in the country where, instead of celebrating the country’s ethnic, religious and cultural diversity, reckless individuals and groups are seeking with immunity and impunity to denigrate and diminish this diversity.

Will this height of denigration and demonization of the ethnic, religious and cultural diversity reach a new climax at Umno General Assemblies at the end of the month?

Islamic law is subject to the Federal Constitution, Court of Appeal says in transgender case

Malay Mail 

KUALA LUMPUR, Nov 11 ― State Islamic laws cannot violate Malaysians’ fundamental freedoms that are protected in the Federal Constitution as legislations contradicting the constitution are deemed void, the Court of Appeal said in its written judgment on a landmark transgender case.

A three-judge panel of Malaysia’s second highest court ruled that Section 66 of the Negri Sembilan Syariah Criminal Enactment 1992, which prohibits Muslim men from cross-dressing, was unconstitutional and void as the state law contravened a slew of fundamental liberties, which are personal liberty, equality, freedom of movement and freedom of expression.

“Reading Art. 74(3) and Art. 4(1) together, it is clear (and this legal position is not disputed) that all State laws, including Islamic laws passed by State 11 legislatures, must be consistent with Part II of the Federal Constitution (which guarantees the fundamental liberties of all Malaysians),” the Court of Appeal wrote in its brief judgment.

Article 74(3) of the Federal Constitution states that the power to make laws is subject to conditions or restrictions imposed by the constitution.

Article 4(1) of the Federal Constitution says the constitution is the supreme law of the federation and that laws inconsistent with it shall be void.

The appellate court ruled last Friday in favour of three Muslim transgender men ― Muhamad Juzaili Mohd Khamis, Shukur Jani and Wan Fairol Wan Ismail ― who were convicted of cross-dressing under the Negri Sembilan shariah law that punishes Muslim men who wear women’s attire with a fine not exceeding RM1,000, or jail of not more than six months, or both.

The court panel ― comprising Justices Datuk Mohd Hishamudin Yunus, Datuk Aziah Ali and Datuk Lim Yee Lan ― had said the law was discriminatory as it failed to recognise men diagnosed with gender identity disorder (GID).

In its written judgment, the Court of Appeal noted that the evidence by two psychiatrists and one clinical psychologist on the three transgender men who suffer from GID, or who identify themselves as women, was not rebutted.

According to psychiatrist Dr Ang Jin Kiat, cross-dressing is intrinsic to the nature of the three men suffering from GID and their condition is incurable.

The court also cited evidence from consultant psychiatrist Dr Deva Dass, who said a man suffering from GID feels he should have been the other gender, a “female spirit trapped in a male body”.

The appellate court pointed out that Section 66 of the Negri Sembilan Shariah Criminal Enactment did not provide an exception for those who suffer from GID.

“As a consequence, section 66 places the GID sufferers in an untenable and horrible situation,” said the court.

“They could not dress in public in the way that is natural to them. They will commit the crime of offending section 66 the very moment they leave their homes to attend to the basic needs of life, to earn a living, or to socialise; and be liable to arrest, detention and prosecution. This is degrading, oppressive and inhuman,” the court added.

The Court of Appeal further noted that the Negri Sembilan Mufti’s opinion that a Muslim man dressing as a woman violated Islamic precepts failed to address GID sufferers.

“What is the position in Islam as to the appropriate dress code for male Muslims who are sufferers of GID, like the appellants?” the court questioned.

Asean Community Has No Place For Narrow Nationalistic Sentiments - Najib

From Minggu Simon Lhasa

NAY PYI TAW, Nov 12 (Bernama) -- Prime Minister Datuk Seri Najib Tun Razak said narrow nationalistic feelings must be avoided because it will contradict the spirit of Asean to become a community at the end of next year.

He said extremist ideologies among Asean countries also should not arise in order to maintain peace and security in Asean region.

Najib told this to Malaysian journalists after attending the plenary session ahead of the 25th Asean Summit here Wednesday night .

He said Asean countries including Malaysia had made a commitment to achieve their vision for the grouping to be an economic community by 2015.

Najib said at the plenary session, the Asean countries also discussed the need for a post-2015 vision for Asean and that Malaysia suggested that Asean view 10 years ahead and hold a mid-term review as the world can change rapidly.

"So, any plans we make will have to be modified according to the prevailing situation," he said.

Najib said the theme 'People-Centred Asean' suggested by Malaysia when it chairs Asean next year was welcomed by the members.

"Fundamental to this is acceptance by the people, so the people must understand what actually Asean is and what Asean is doing," he said.

At the plenary session, Najib said he also raised the issue of non-tariff barriers among Asean countries which resulted in trade between member states to be restricted.

"Especially in terms of delay in Customs processes, labelling and other conditions imposed," he said.

Other matters discussed, he said, were on free trade negotiations between Asean and six other countries, namely India, China, South Korea, Japan, Australia and New Zealand.