Wednesday, 19 November 2014
Indonesia's female police recruits subjected to virginity tests
Jakarta: Young female police recruits in Indonesia start their careers with what's called the "two-finger test" to assess if they are virgins.
Michael Bachelard
Indonesia's new women officers are required to be single and virginal, but the digital penetration test the police medical officers use as part of their physical examination leaves them feeling traumatised and humiliated, according to interviews conducted recently by Human Rights Watch.
In 2010, the then-head of police personnel, Brigadier General Sigit Sudarmanto, announced that the invasive testing procedure would stop. But still the National Police job recruitment website confirms that: "In addition to the medical and physical tests, women who want to be policewomen must also undergo virginity tests".
Eight female police applicants in six Indonesian cities who endured the "two finger" test as late as this year have told researchers from the human rights body of the pain and humiliation involved.
One young applicant, who was 18 when she was tested in Bandung, near Jakarta, in 2013, said she had learned about the test "only when I was about to take the physical examination".
"[They told us] we could resign from the selection process if we did not want to go through with it, but most of us had gone through so much preparation already, and I felt I had no power to object.
"Twenty female applicants were told to enter a hall … we were then told to go into a room and lie down. The medical staffer, a female, then carried out the 'two-finger' test. I was humiliated and scared … There were candidates who fainted due to the stress."
Another recruit was 19 when she took the test with 20 others in Pekanbaru, Sumatra, in 2014.
"We were asked to take off our clothes, including our bras and underpants. It was humiliating. Only those who were menstruating could keep their underpants on. We were asked to sit on a table for women giving birth. A female doctor did the virginity test ... the 'two-finger' test … It was humiliating."
The test is a discredited procedure that purports to assess whether a woman's hymen is intact.
A director of women's rights group Nurani Perempuan, Yefri Heriyani, is quoted in the report saying the test had left many police women traumatised.
"It will affect their lives in the long term. Many of them blame themselves," she said.
A former police psychologist, Sri Rumiati, said she had objected to the testing in 2010, but her colleagues had replied: "Do we want to have prostitutes joining the police?"
A police spokesman told Fairfax Media that both new male and female recruits were required to be unmarried because they had to "change their character from civilian to semi-military mindset". They can marry after two years in the force.
But it is only women's virginity that is tested.
Nisha Varia, the associate women's rights director at Human Rights Watch, said the Indonesian National Police's use of virginity tests was "a discriminatory practice that harms and humiliates women".
"Police authorities in Jakarta need to immediately and unequivocally abolish the test, and then make certain that all police recruiting stations nationwide stop administering it."
Indonesia's predominant religion is Islam, and, even though premarital sex is common, officials and religious leaders still place a high value on female virginity. A South Sumatra school district last year proposed administering a virginity test on its new high school students.
About 3 per cent of Indonesian police officers are female, but the National Police plans to increase this to about 5 per cent with an unprecedented mass recruitment drive, in which 7000 female cadets have undergone a special seven-month training program.
Indonesia's new women officers are required to be single and virginal, but the digital penetration test the police medical officers use as part of their physical examination leaves them feeling traumatised and humiliated, according to interviews conducted recently by Human Rights Watch.
In 2010, the then-head of police personnel, Brigadier General Sigit Sudarmanto, announced that the invasive testing procedure would stop. But still the National Police job recruitment website confirms that: "In addition to the medical and physical tests, women who want to be policewomen must also undergo virginity tests".
Eight female police applicants in six Indonesian cities who endured the "two finger" test as late as this year have told researchers from the human rights body of the pain and humiliation involved.
One young applicant, who was 18 when she was tested in Bandung, near Jakarta, in 2013, said she had learned about the test "only when I was about to take the physical examination".
"[They told us] we could resign from the selection process if we did not want to go through with it, but most of us had gone through so much preparation already, and I felt I had no power to object.
"Twenty female applicants were told to enter a hall … we were then told to go into a room and lie down. The medical staffer, a female, then carried out the 'two-finger' test. I was humiliated and scared … There were candidates who fainted due to the stress."
Another recruit was 19 when she took the test with 20 others in Pekanbaru, Sumatra, in 2014.
"We were asked to take off our clothes, including our bras and underpants. It was humiliating. Only those who were menstruating could keep their underpants on. We were asked to sit on a table for women giving birth. A female doctor did the virginity test ... the 'two-finger' test … It was humiliating."
The test is a discredited procedure that purports to assess whether a woman's hymen is intact.
A director of women's rights group Nurani Perempuan, Yefri Heriyani, is quoted in the report saying the test had left many police women traumatised.
"It will affect their lives in the long term. Many of them blame themselves," she said.
A former police psychologist, Sri Rumiati, said she had objected to the testing in 2010, but her colleagues had replied: "Do we want to have prostitutes joining the police?"
A police spokesman told Fairfax Media that both new male and female recruits were required to be unmarried because they had to "change their character from civilian to semi-military mindset". They can marry after two years in the force.
But it is only women's virginity that is tested.
Nisha Varia, the associate women's rights director at Human Rights Watch, said the Indonesian National Police's use of virginity tests was "a discriminatory practice that harms and humiliates women".
"Police authorities in Jakarta need to immediately and unequivocally abolish the test, and then make certain that all police recruiting stations nationwide stop administering it."
Indonesia's predominant religion is Islam, and, even though premarital sex is common, officials and religious leaders still place a high value on female virginity. A South Sumatra school district last year proposed administering a virginity test on its new high school students.
About 3 per cent of Indonesian police officers are female, but the National Police plans to increase this to about 5 per cent with an unprecedented mass recruitment drive, in which 7000 female cadets have undergone a special seven-month training program.
Demand to Revoke CNN Reporter's Press Pass for Attack Headline
Headline presenting Har Nof massacre as 'Israeli police shot two Palestinian civilians' crosses red line for Samaria leader.
By Uzi Baruch and Tova Dvorin
Yossi Dagan, the head of media relations for the Samaria Regional Council, filed a formal complaint Tuesday with the Government Press Office (GPO) against a CNN reporter for equating the terrorists involved in the Har Nof massacre with the victims.
According to Dagan, American CNN reporter Ben Wedeman was responsible for the headline describing the massacre under the headline, "Israeli police shot dead two Palestinian civilians" - when, in fact, the shooters were Palestinian terrorists who killed four Jews and wounded eight others as they prayed the morning service before being killed in a gun battle with police.
Dagan charged that the headline was a serious violation of international journalism ethics, and called to revoke Wedeman's press license and, generally, bring anti-Semitic coverage of terror attacks by foreign journalists to an end - permanently.
"There is no reality elsewhere in the world where journalists can report a terror attack in this style," he stated. "This rule should also apply to foreign reporters in Israel. There is good and there is bad, there are killers and there are victims."
"The media arena in recent years has become an equally important battlefield for Israel, and it must use all the tools at its disposal to demand certain baselines in its media coverage," he continued. "Coverage like this legitimizes the next murder; whoever loses in this loses the next war as well."
Dagan also noted that the Samaria Regional Council has been closely scrutinizing foreign media coverage of events, and that this represents a disturbing trend.
"CNN's strange headline is a direct continuation of a series of other reports in the context of the Israeli-Palestinian conflict that appeared recently," the letter said, and noted for example that the report on the car rampage near the Jerusalem light rail last month by the Associated Press began with the title "Israeli police shot a man in East Jerusalem."
By Uzi Baruch and Tova Dvorin
Yossi Dagan, the head of media relations for the Samaria Regional Council, filed a formal complaint Tuesday with the Government Press Office (GPO) against a CNN reporter for equating the terrorists involved in the Har Nof massacre with the victims.
According to Dagan, American CNN reporter Ben Wedeman was responsible for the headline describing the massacre under the headline, "Israeli police shot dead two Palestinian civilians" - when, in fact, the shooters were Palestinian terrorists who killed four Jews and wounded eight others as they prayed the morning service before being killed in a gun battle with police.
Dagan charged that the headline was a serious violation of international journalism ethics, and called to revoke Wedeman's press license and, generally, bring anti-Semitic coverage of terror attacks by foreign journalists to an end - permanently.
"There is no reality elsewhere in the world where journalists can report a terror attack in this style," he stated. "This rule should also apply to foreign reporters in Israel. There is good and there is bad, there are killers and there are victims."
"The media arena in recent years has become an equally important battlefield for Israel, and it must use all the tools at its disposal to demand certain baselines in its media coverage," he continued. "Coverage like this legitimizes the next murder; whoever loses in this loses the next war as well."
Dagan also noted that the Samaria Regional Council has been closely scrutinizing foreign media coverage of events, and that this represents a disturbing trend.
"CNN's strange headline is a direct continuation of a series of other reports in the context of the Israeli-Palestinian conflict that appeared recently," the letter said, and noted for example that the report on the car rampage near the Jerusalem light rail last month by the Associated Press began with the title "Israeli police shot a man in East Jerusalem."
'Race ties will worsen if Sedition Act abolished'
“The reason I decided to be a part of those asking for the Act to be maintained is the building of hatreds...
“Things are being built to be extent that the situation may boil over and beyond what took place in May 1969,” he said, making reference to the May 13 race riots in that year.
Zaman (right),
who is also chairperson of the Malay Consultative Council’s (MPM)
integrity bureau, said four issues were driving some Malaysians to call
for the Sedition Act to be preserved.These are the concerns over the special privileges of the Malays; the position of the Malay language as the national language; the status of the monarchy; and the position of Islam.
“There is a strong reason why we say the Sedition Act should be retained. If you want to make improvements to it, that is a different matter.
“But if you want to repeal, we say ‘no’,” Zaman said yesterday as a panellist at a roundtable discussion on the Act, organised at Universiti Malaya by the human rights NGO Proham, which is made up of former commissioners of the Human Rights Commission (Suhakam).
Laws cannot create harmony
Another panellist, National Young Lawyers Committee chief Syahredzan Johan, argued that legal avenues were not the way to combat hatred except as a last resort. The solution is to engage directly with extremists.
Syahredzan said that laws by themselves cannot create harmony, which should come from engagement, tolerance, understanding and acceptance.
If a racist or bigot is sent to jail, he would still be bigoted when he leaves prison and be resentful about his experience, while other bigots would simply go underground to air their views.
“So, we will have this faux veneer, this faux shine of harmony, where we all sing ‘Kumbaya’ with Malays, Chinese, Indians, Iban, and Kadazan all living peacefully.
“But
there are pockets of extremism within us, and because they cannot voice
them out and no one is engaging with them because we can’t see them
with the laws that we have; sooner or later, it is all just going to
boil over,” Syahredzan (right) said.If bigots could air their views freely, there would be enough people who would call them out, and society would become more mature in that process.
He said the problem with the Sedition Act is that it does not have the right compromise between freedom of speech and maintenance of public order, but there are other laws in the Penal Code and the Malaysian Communication and Multimedia Commission (MCMC) Act that can protect against threats to public order.
If it is felt that the existing laws are inadequate, Syahredzan added, then there should be discussions on alternative legislation, such as the laws proposed by the National Unity Consultative Council (NUCC).
The NUCC is formed by PM Najib Razak to recommend laws to replace the Sedition Act, which he had promised to repeal two years ago. Since then, right-wing groups have protested the move.
Harking back to 16th century
Another speaker, Proham chairperson Kuthubul Zaman, said Malaysia’s use of the Sedition Act against political dissidents has taken the use of the law in the country back to its 16th century origins in the United Kingdom.
In explaining the history of the Sedition Act, Kuthubul said it was a remnant of a UK court practice known as the Star Chamber, which was used as a tool for the Tudor Dynasty to maintain power at a time when the English monarch’s right to rule was considered divine and absolute.
Although
the Star Chamber was abolished in 1641, some of it survived in English
Common Law and was later codified, and then brought into the statute
books of the British colonies.Since then, Kuthubul (left) said, many of these colonies have either abolished the law, or narrowed the definition of sedition by limiting it to actions that are intended to incite rebellion or similar unrest.
In contrast, in Malaysia there is no need to prove intention or whether unrest had been caused by an allegedly seditious remark or action.
“You say it, you will be found guilty... by ignoring contemporary standards and principles and by ignoring the rights guaranteed by legislative restrictions in the Federal Constitution, Malaysian jurisprudence has returned sedition to its 1606 origins in the court of Star Chamber.
“Malaysia’s Sedition Act allows for absurdities of the kinds satirised in the children’s story ‘The Emperor’s New Clothes,” lamented Kuthubul.
Pakatan MPs consider Bill on inter-faith custody
"By the next session, if the government dos not come up with something, we might push for a Private Member's Bill. We will look at our options and we will consult the Bar Council and NGOs," DAP's Ipoh Barat MP M Kulasegaran said today.
Kulasegaran,
a lawyer, said this at a press conference at the Parliament lobby, at
which PKR's Subang MP R Sivarasa and PAS' Sepang MP Hanipa Maidin, both
lawyers as well, were also present.The MPs gave de facto law minister Nancy Shukri until March to come up with a concrete solution to solve the inter-faith custody of children problems.
Kula said that the law should be amended to explicitly state that divorce and custody cases when one spouse converts to Islam should be handled and heard by the civil court alone.
“The section must spell out clearly and unambiguously that notwithstanding the conversion in all respect of custody and maintenance shall be dealt only by the civil court,” he said.
“The government is not taking the lead and worse still dragging its feet (to resolve the issue),” he added.
He said that aside from publicised court cases, many other people are suffering due the legal uncertainty in interfaith custody battles.
“Many families are suffering due to these anomalies,” he said.
'Why not say Chinese are 'rich' due to BN?'
Instead, he questioned why Zairil did not say that the state’s Chinese are ‘rich’ due to BN’s previous administration.
As such, the Kemaman MP said the statement by Zairil was biased and racist in nature.
“Why say the problem of the Malays in Penang was inherited from BN’s administration? Why didn’t he (Zairil, left) say that the success of the Chinese was from BN’s success?“But I know that he will say that the Chinese are successful because they are good and smart and that the Malays are the way they are because the government is at fault.
“His statement shows how shallow he is and the statement was biased and racist,” Shabery told a press conference today.
He asserted that individuals like Zairil only "hide" behind organisations which are “racist without racism” as they claim they are not racist, yet there are racist elements in the policies they champion.
“These kind of people hide behind meritocracy but are actually racist. ‘Racist without racism’ is something that needs to be scrutinised as it happens everywhere."
Shabery last week was quoted by Umno Online, as saying that a "particular state" was hiding behind the policy of meritocracy in order to subtly discriminate Malays.
Zairil in his response, said the Pakatan government in Penang does not purely promote meritocratic policies but also needs-based policies.
Asean to consider impact of cultural, religious practices on child rights – Bernama
Delegates from across Southeast Asia are meeting today for the Asean Consultation on Cultural and Religious Practices Impacting on the Rights of Children.The event that is taking place in Jakarta from today until Thursday, according to a press release from the United Nations Children's Education Fund (Unicef).
It said representatives from governments, United Nations (UN) agencies, civil society organisations and academia will join religious and cultural leaders to analyse religious and traditional practices that have implications for child rights in Southeast Asia, using the UN Convention on the Rights of the Child (CRC).
The event aims to build a network of child rights advocates among the various stakeholders, and will end with joint recommendations on promoting children’s rights.
“This consultation is one of the Asean priorities for 2012–16 in promoting the rights of children through religious and cultural practices,” said Ahmad Taufan Damanik, Indonesia's Representative for Child Rights to the Asean Commission on the Promotion and Protection of the Rights of Women and Children (ACWC).
“Spirituality and religion can have a profound influence on children’s development and socialisation, with the potential to reinforce protective influences and promote resilience,” said Daniel Toole, Unicef Regional Director for East Asia and the Pacific.
“But if our shared goal of creating a world fit for children is to be realised, we all need to speak about issues that harm children, share solutions, and work together to implement them.”
Unicef said religion and culture could be a positive force in society, promoting the enjoyment of child rights.
However, while many cultural values of Asean member countries contribute to the protection of child rights, some practices can undermine it by objectifying children, discriminating against girls, exploiting children and condoning violence against them.
A 2006 study by the Special Representative of the UN Secretary-General on Violence against Children found that a range of violent traditional practices which harm children may be perceived as normal in their communities, particularly when they do not result in lasting visible physical injury.
All Asean member states will be expected to have national consultations to end any form of violence against children from religious and cultural practices.
The event is organised by the Indonesian Representative to the ACWC, in cooperation with Unicef’s East Asia and Pacific Regional Office, Indonesian Ministry of Foreign Affairs and the Indonesian Ministry of Women’s Empowerment and Child Protection. – Bernama, November 18, 2014.
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Instalment plans causing poor Malaysians to pay more, says Khazanah reportl
While lower-income households may have televisions, refrigerators and cars, such ownership does not indicate prosperity but debt, as families pay more than the value of these goods through hire purchase plans with high interest rates.
Giving an on-the-ground picture of whether Malaysians are truly benefiting from economic policies, a Khazanah Research Institute report on "The State of Households" released yesterday showed inequality in many areas, including the fact that the rich pay less for the same items because they can afford to pay in cash.
Poorer Malaysians who rely on instalment plans to purchase goods are paying more than their wealthier counterparts for the same items, due to the high interest rates, the report stated.
This “ansuran mudah" scourge has caused Malaysians to spend most of their income, have little savings, and become more susceptible to price increases, the institute noted.
The report said that consumers who opt for instalment payment offers could pay up to 50% in annual percentage rate (APR) for products, such as televisions, washing machines and fridges.
“The wealthiest pay by cash, the better-off choose credit based on interest rates and the least well-off choose the installment payments offer that they can afford,” it said.
“Low-income households, who have low financial literacy and limited access to debt, appear to choose financing based on the affordability of the monthly or weekly installments rather than the true APR.”
The report revealed that a RM24,936 Perodua Viva at an interest rate of 3.38% for nine years may cost only RM271 a month.
However, consumers would be paying RM6,827 in interest, or 27.38% of the total price, at an APR of 6.14%.
“With a nine-year loan, the Perodua Viva seems affordable at RM271 per month. But the reality is that the buyer pays more than a quarter of the purchase price in interest payments,” said the report.
“The problem is more acute with consumer durables, as the rates are almost 50%.”
The report said that households earning less than RM3,000 have a relatively low share of total household debt but their borrowings are proportionately higher than the rest, at seven times their annual income.
“The pressing concern then is how much debt low-income households have taken relative to their ability to pay.
“They spend most of their income and have little savings, making them susceptible to financial stress should interest rates and inflation continue to rise,” said the report.
Other examples of consumer items in the report was how a Samsung television costing RM1,549, paid at an installment of RM15 a week for five years would rack up a total interest of RM2,419, or 156.14% of the original price. The APR would be at 46.05%.
If a consumer purchased a RM1,024 Toshiba Washer based on a weekly installment of RM10 for five years, they would be paying a total interest of RM1,657, or 161.78% of the product’s price. The APR would be at 47.41%.
The interest rate for a Toshiba refrigerator priced at RM1,049 would be RM463, if paid at a weekly installment of RM16 for two years, with an APR of 37.9%.
“A very high proportion of households own cars (78%), motorcycles (66%), refrigerators (96%) and washing machines (91%),” said the report, citing figures from 2012.
“Almost every household owns a television (98%) and a mobile phone (95%), while 57% subscribe for pay TV (Astro). However, only 39% have an internet subscription.
“Most cannot be buying all these with cash, since their incomes are low. They can only be doing so on credit,” the report said.
These higher debts to service resulted in lower savings, as shown from data from Amanah Saham Bumiputera (ASB), the unit trust fund for Bumiputeras.
ASB data showed that the bottom 71.4% of unit holders in 2013 have an average of RM554 in their accounts compared with the average for the top 0.2%, which is RM725,122, said the report.
Wealth and income disparity was also evident from Employees Provident Fund (EPF) data which showed the savings of the top 17,061 members being greater than the total savings of the entire bottom 44% which comprises 2,854,419 members, it said.
“Active EPF members in the 41-55 age group, who are on the brink of retirement and have their careers’ worth of savings, have on average RM147,057 each.
"But this is distorted by the richest 5,446 members who have on average RM1.56 million in savings.
“The bottom 13.5%, meanwhile, have an average savings of RM3,580 and the next 7% an average of RM14,848.
“Low savings and low wealth are a result of low incomes. Low EPF savings of the bottom 20.5% and high wealth inequality are consequences of disparities in income,” said the report.
It added their low levels of savings would mean most families would be in trouble in the event of a shock, such as a reduction in income, unemployment or other emergencies.
The report proposed that the government require all providers of consumer credit to prominently advertise the true APR, in an effort to protect those susceptible to installment payments.
It also mooted a realignment of responsibility, noting that the regulation of credit was distributed between Bank Negara Malaysia, the Ministry of Domestic Trade, Cooperatives and Consumerism, and the Ministry of Urban Wellbeing, Housing and Local Government.
The report also proposed teaching financial literacy in schools.
Meanwhile, the report noted that higher income households have a higher propensity to save and their savings generated returns and further increased their wealth, contributing to the widening wealth gap.
“We have many wealthy people: Malaysians were the top foreign home buyers by transactions in Singapore in 2012; Malaysians were the fourth largest buyers (4%) of newly built London property in 2012; around 7,000 houses costing more than RM1 million are sold in Malaysia each year; Malaysians purchase many luxury cars,” it said.
In 2013, 28,298 luxury cars were sold to Malaysians, including brands such as Volkswagen, BMW, Mercedes Benz, Audi, Lexus, Land Rover, Mini Cooper and Porsche. – November 18, 2014.
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Dr M: Education system dividing Malaysians
Nothing in the Federal Constitution provided for vernacular schools and maintaining them was a political decision.
FMT
KUALA LUMPUR: Former Prime Minister Mahathir Mohamad, in his latest blog posting, conceded that the poor are being forced to put up with inferior education so that politicians can continue to be popular.
He notes that the rich, including the children of the politicians, are going to English medium schools abroad and international schools in the country while the poor go to the Malay-medium based national schools when they are not attending vernacular schools.
The Tamils and Chinese, for example, go to vernacular schools. Meanwhile, the Orang Asal in Sabah and Sarawak prefer to send their children to Chinese schools along with a handful of Malay students.
The bottomline, says Mahathir who was education minister from 1974 to 1978, is that the education system is dividing the country along the lines of race and class and widening the gap between rich and poor.
He warned that the job market favours the English-speaking, confined increasingly now to the rich, while the poor in the country only speak Tamil, Chinese and Malay.
He admitted that although all his children went to national schools, his grandchildren attended private schools in Malaysia and abroad.
“They do speak the national language but their kind of schooling widens the gap between races as well as between the rich and poor,” he lamented.
“National schools were supposed to bring us all together as a nation.”
He goes into the history of education in the country, what was happening at the dawn of independence in 1957 and what was supposed to happen but didn’t.
He warns that the return to Malay in the teaching of mathematics and science would be a loss of knowledge for the nation and would not be good for the poor.
English schools at the time of independence, noted Mahathir, were attended by all ethnic groups. “Apart from racial separation because of the ethnic language-based schools, we now see a separation of rich children and poor children,” he reiterated in his blog posting.
He said that nothing in the Federal Constitution provided for vernacular schools and maintaining them was a political decision.
KUALA LUMPUR: Former Prime Minister Mahathir Mohamad, in his latest blog posting, conceded that the poor are being forced to put up with inferior education so that politicians can continue to be popular.
He notes that the rich, including the children of the politicians, are going to English medium schools abroad and international schools in the country while the poor go to the Malay-medium based national schools when they are not attending vernacular schools.
The Tamils and Chinese, for example, go to vernacular schools. Meanwhile, the Orang Asal in Sabah and Sarawak prefer to send their children to Chinese schools along with a handful of Malay students.
The bottomline, says Mahathir who was education minister from 1974 to 1978, is that the education system is dividing the country along the lines of race and class and widening the gap between rich and poor.
He warned that the job market favours the English-speaking, confined increasingly now to the rich, while the poor in the country only speak Tamil, Chinese and Malay.
He admitted that although all his children went to national schools, his grandchildren attended private schools in Malaysia and abroad.
“They do speak the national language but their kind of schooling widens the gap between races as well as between the rich and poor,” he lamented.
“National schools were supposed to bring us all together as a nation.”
He goes into the history of education in the country, what was happening at the dawn of independence in 1957 and what was supposed to happen but didn’t.
He warns that the return to Malay in the teaching of mathematics and science would be a loss of knowledge for the nation and would not be good for the poor.
English schools at the time of independence, noted Mahathir, were attended by all ethnic groups. “Apart from racial separation because of the ethnic language-based schools, we now see a separation of rich children and poor children,” he reiterated in his blog posting.
He said that nothing in the Federal Constitution provided for vernacular schools and maintaining them was a political decision.
MyWatch wants action against ‘outriders’
There must be some kind of action which can be taken against them under the law.
FMT
KUALA LUMPUR: MyWatch, the Malaysian Crime Watch Task Force, says that it has received numerous public complaints that civilians on high-powered motorcycles, are virtually masquerading as police, and providing outrider services for their well-heeled employers.
These leather-jacketed outriders are even telling other road users to make way for their employers, said MyWatch chairman R. Sri Sanjeevan in a statement. “They have no consideration for others. They are making a nuisance of themselves on the road.”
The NGO is surprised that the police are not aware of these outriders and stressed that there must be some kind of action which can be taken against them under the law.
Generally, other than VVIPs, civilians too can request for outrider services from the police for funerals and weddings, among others. Police can provide private security guard services too.
It was not immediately clear whether the “unauthorized” outriders were breaking any law.
KUALA LUMPUR: MyWatch, the Malaysian Crime Watch Task Force, says that it has received numerous public complaints that civilians on high-powered motorcycles, are virtually masquerading as police, and providing outrider services for their well-heeled employers.
These leather-jacketed outriders are even telling other road users to make way for their employers, said MyWatch chairman R. Sri Sanjeevan in a statement. “They have no consideration for others. They are making a nuisance of themselves on the road.”
The NGO is surprised that the police are not aware of these outriders and stressed that there must be some kind of action which can be taken against them under the law.
Generally, other than VVIPs, civilians too can request for outrider services from the police for funerals and weddings, among others. Police can provide private security guard services too.
It was not immediately clear whether the “unauthorized” outriders were breaking any law.
Zaid: Shabery Cheek’s logic hanging by a thread
Zaid Ibrahim says Umno’s argument that the lack of affordable housing in Penang is an attack on Malays lacks depth or sense.
FMT
PETALING JAYA: Lamenting the total lack of depth in arguments put forth by Umno in their scramble to find suitable topics for Chinese-bashing, former law minister Zaid Ibrahim has attacked Ahmad Shabery Cheek on his latest racist rant about the lack of affordable housing in Penang.
In his latest blog posting, Zaid cynically referred to Ahmad Shabery, who is Minister of Communication and Multimedia, as an “intellectual” whose “sophisticated” whining that “Malays are not welcome to live in Penang” was a lazy argument, lacking any “real evidence” and relied solely on Umno’s “old style of public bashing just before the UMNO General Assembly”.
Saying outright that “Umno has to start making sense”, Zaid was referring to the argument put forth by Ahmad Shabery that the DAP-led Penang state government was racist because the lower-income group was being deprived of affordable housing.
Arguing that Ahmad Shabery was actually referring to Malays because they made up the bulk of those in the lower income group, Zaid said, “By Ahmad Shabery’s logic therefore, the PAP Government (in Singapore) is also practising racial discrimination” as the wealthy were pushing up property prices, leaving Singaporeans without affordable housing.
Zaid said Ahmad Shabery should factor in the influx of money from Singapore and Hong Kong that contributed to skyrocketing property prices.
He also said Ahmad Shabery did not consider that many Malays themselves had sold their land for a good price and relocated.
Lamenting that Umno always tried to make everything a racial or religious issue, Zaid said, “Why do UMNO leaders always have to bring race and religion into everything, even when they’re talking about something basic such as housing?
“Are they incapable of discussing urban housing needs based on reality and facts?”
Saying the contributory factor to the lack of affordable housing in Penang was manifold, Zaid also made one pertinent statement: “… the Barisan Nasional itself has failed to resolve the poor’s housing problems nationwide.”
“Have they proposed any alternative plans to Lim Guan Eng (Penang Chief Minister), which he then refused on unreasonable grounds?” Zaid asked, adding he was not convinced DAP was a “stupid organisation”.
Zaid said, “Penang Malays currently comprise 40 per cent of the vote and Malay men can marry four wives, which means future demographics will favour the Malays in the medium and long term.”
Zaid said DAP was smarter than to make Malays feel unwelcome in Penang seeing as it was in their interest to keep the Malays happy so DAP could maintain their control over Penang come the next general election.
Saying Ahmad Shabery had “to work harder” to convince others that Malays were being sidelined in Penang, Zaid added, ““Surely they cannot rely just on Khairy to do all the clever stuff.”
PETALING JAYA: Lamenting the total lack of depth in arguments put forth by Umno in their scramble to find suitable topics for Chinese-bashing, former law minister Zaid Ibrahim has attacked Ahmad Shabery Cheek on his latest racist rant about the lack of affordable housing in Penang.
In his latest blog posting, Zaid cynically referred to Ahmad Shabery, who is Minister of Communication and Multimedia, as an “intellectual” whose “sophisticated” whining that “Malays are not welcome to live in Penang” was a lazy argument, lacking any “real evidence” and relied solely on Umno’s “old style of public bashing just before the UMNO General Assembly”.
Saying outright that “Umno has to start making sense”, Zaid was referring to the argument put forth by Ahmad Shabery that the DAP-led Penang state government was racist because the lower-income group was being deprived of affordable housing.
Arguing that Ahmad Shabery was actually referring to Malays because they made up the bulk of those in the lower income group, Zaid said, “By Ahmad Shabery’s logic therefore, the PAP Government (in Singapore) is also practising racial discrimination” as the wealthy were pushing up property prices, leaving Singaporeans without affordable housing.
Zaid said Ahmad Shabery should factor in the influx of money from Singapore and Hong Kong that contributed to skyrocketing property prices.
He also said Ahmad Shabery did not consider that many Malays themselves had sold their land for a good price and relocated.
Lamenting that Umno always tried to make everything a racial or religious issue, Zaid said, “Why do UMNO leaders always have to bring race and religion into everything, even when they’re talking about something basic such as housing?
“Are they incapable of discussing urban housing needs based on reality and facts?”
Saying the contributory factor to the lack of affordable housing in Penang was manifold, Zaid also made one pertinent statement: “… the Barisan Nasional itself has failed to resolve the poor’s housing problems nationwide.”
“Have they proposed any alternative plans to Lim Guan Eng (Penang Chief Minister), which he then refused on unreasonable grounds?” Zaid asked, adding he was not convinced DAP was a “stupid organisation”.
Zaid said, “Penang Malays currently comprise 40 per cent of the vote and Malay men can marry four wives, which means future demographics will favour the Malays in the medium and long term.”
Zaid said DAP was smarter than to make Malays feel unwelcome in Penang seeing as it was in their interest to keep the Malays happy so DAP could maintain their control over Penang come the next general election.
Saying Ahmad Shabery had “to work harder” to convince others that Malays were being sidelined in Penang, Zaid added, ““Surely they cannot rely just on Khairy to do all the clever stuff.”
Azmin Ali steps in to stop eviction of PAWS
Selangor menteri besar saves shelter animals from a bleak future after the PJ District Land Office demanded PAWS vacate the site in six days.
FMT
PETALING JAYA: In a classic case of good triumphing over evil, Selangor Menteri Besar Azmin Ali has graciously agreed to suspend an eviction notice issued by the Petaling Jaya District Land Office instructing the PAWS Animal Welfare Society to move out in six days.
In a jubilant Facebook posting after a hastily arranged meeting between shelter manager Edward Lim and Azmin Ali, the management of PAWS thanked their menteri besar for being “very responsive” and helping solve the matter of eviction amicably.
Saying, “The eviction notice has been suspended”, PAWS also thanked Wani Muthiar for paving the way to meet up with Azmin Ali yesterday afternoon.
An earlier posting thanked all those who supported PAWS for their love and care, and read, “Words can’t begin to describe our heartfelt appreciation to all who support us.”
The message also thanked Selangor state excos Ean Yong Hian Wah and Elizabeth Wong as well as MBPJ Councillors Sean Oon and Peter Chong who banded together to help resolve the matter of the eviction.
Speaking to shelter manager Edward Lim yesterday just before his meeting with the menteri besar, FMT was told that PAWS received an eviction notice from the PJ District Land Office dated November 10, ordering them to vacate the premises in two weeks. No reason was given for the notice.
“It would take at least six months to a year to properly set up a new shelter, and that still depends on the money and resources we have,” said Lim who added that the sudden eviction came as a nasty shock since the shelter had been occupying the site from 1987.
Lim, who has worked there for 11 years, said he was not around when the notice arrived. He explained, “They (PJ District Land officers) just came and left the notice at the office. The three officers did not even leave their details or say anything.”
The 400 dogs and 200 cats at the PAWS Animal Welfare Society faced an uncertain future and possibly even death by euthanasia if they were forced to shut down operations.
However thanks to the intervention of Azmin Ali, this will not be the case.
Lim explained that PAWS was founded in 1987 by a group of local and expatriate volunteers and was maintained by donations from various corporations, generosity from the public as well as proceeds from merchandise sold at occasional animal-related or community events, organised by and for animal lovers.
Upon hearing about the eviction notice, several animal lovers flocked to the shelter to do their bit for the animals.
“I found out on Facebook yesterday. I know adopting one cat does not justify leaving the rest here but at least I’m doing something good,” said Norashiqueen Bte Ashraff Hassan.
Eric Lim, an insurance agent felt it was most unfortunate that the animal shelter was forced to shut down since they had been doing a great job for the welfare of unwanted animals for years.
Besides giving abused and abandoned cats and dogs a second chance, PAWS has maintained good relations with the Petaling Jaya City Council as well as the Shah Alam Municipality, who both send strays they round-up to PAWS for medical attention and re-homing.
The animal shelter sits on a one acre plot of land originally donated by Sime Darby Plantation Berhad in the 80s, but is now owned by the government, a revelation the management recently discovered when the notice was served.
PAWS currently has three veterinary surgeons and several full time staff on top of the volunteers that come and help with its daily operations.
PETALING JAYA: In a classic case of good triumphing over evil, Selangor Menteri Besar Azmin Ali has graciously agreed to suspend an eviction notice issued by the Petaling Jaya District Land Office instructing the PAWS Animal Welfare Society to move out in six days.
In a jubilant Facebook posting after a hastily arranged meeting between shelter manager Edward Lim and Azmin Ali, the management of PAWS thanked their menteri besar for being “very responsive” and helping solve the matter of eviction amicably.
Saying, “The eviction notice has been suspended”, PAWS also thanked Wani Muthiar for paving the way to meet up with Azmin Ali yesterday afternoon.
An earlier posting thanked all those who supported PAWS for their love and care, and read, “Words can’t begin to describe our heartfelt appreciation to all who support us.”
The message also thanked Selangor state excos Ean Yong Hian Wah and Elizabeth Wong as well as MBPJ Councillors Sean Oon and Peter Chong who banded together to help resolve the matter of the eviction.
Speaking to shelter manager Edward Lim yesterday just before his meeting with the menteri besar, FMT was told that PAWS received an eviction notice from the PJ District Land Office dated November 10, ordering them to vacate the premises in two weeks. No reason was given for the notice.
“It would take at least six months to a year to properly set up a new shelter, and that still depends on the money and resources we have,” said Lim who added that the sudden eviction came as a nasty shock since the shelter had been occupying the site from 1987.
Lim, who has worked there for 11 years, said he was not around when the notice arrived. He explained, “They (PJ District Land officers) just came and left the notice at the office. The three officers did not even leave their details or say anything.”
The 400 dogs and 200 cats at the PAWS Animal Welfare Society faced an uncertain future and possibly even death by euthanasia if they were forced to shut down operations.
However thanks to the intervention of Azmin Ali, this will not be the case.
Lim explained that PAWS was founded in 1987 by a group of local and expatriate volunteers and was maintained by donations from various corporations, generosity from the public as well as proceeds from merchandise sold at occasional animal-related or community events, organised by and for animal lovers.
Upon hearing about the eviction notice, several animal lovers flocked to the shelter to do their bit for the animals.
“I found out on Facebook yesterday. I know adopting one cat does not justify leaving the rest here but at least I’m doing something good,” said Norashiqueen Bte Ashraff Hassan.
Eric Lim, an insurance agent felt it was most unfortunate that the animal shelter was forced to shut down since they had been doing a great job for the welfare of unwanted animals for years.
Besides giving abused and abandoned cats and dogs a second chance, PAWS has maintained good relations with the Petaling Jaya City Council as well as the Shah Alam Municipality, who both send strays they round-up to PAWS for medical attention and re-homing.
The animal shelter sits on a one acre plot of land originally donated by Sime Darby Plantation Berhad in the 80s, but is now owned by the government, a revelation the management recently discovered when the notice was served.
PAWS currently has three veterinary surgeons and several full time staff on top of the volunteers that come and help with its daily operations.
The case for vernacular schools
Umno vice president Hishammuddin Hussein is anticipating that the motion on vernacular schools will be the hottest topic at his party’s general assembly to be held next fortnight (Nov 25-29).
The call to abolish vernacular schools, termed Sekolah Rendah Jenis Kebangsaan – SRJK (C) for those using Mandarin as medium of instruction and SRJK (T) for those using Tamil – is expected to dominate the debate by Umno delegates.
Among the SRJK vocal critics are Umno’s Cheras division chief Syed Ali Alhabshee and Petaling Jaya Utara deputy division chief Mohamad Azli Mohemed Saad.
Urging their abolishment, Syed Ali said vernacular schools are seen as the platform for fostering thick racial sentiments. He was reported by FMT on Oct 7 as saying that such a negative development could bring about division and discord between the youth of various races in the country.
Syed Ali is an advocate of single-stream education where all primary schools must teach in the national language, Bahasa Melayu, in the Sekolah Kebangsaan (SK).
Meanwhile, Mohamad Azli was quoted by the NST in its Oct 5 article ‘Umno assembly should discuss position of Chinese schools’ as calling upon the annual convention at the Putra World Trade Centre (PWTC) to discuss whether multi-streaming should be maintained.
“Many are of the opinion that Chinese vernacular schools have been exploited by opposition parties to incite hatred towards other races, and spread racial and anti-government sentiments,” he said.’
It is against this backdrop of the above allegations and a predicted-to-be explosive Umno meeting that the Nov 11 forum titled ‘Should there be one stream of schooling in Malaysia?’ was jointly organised by Gabungan Bertindak Malaysia with the LLG, Tamil Foundation, Ikram, Kuala Lumpur and Selangor Chinese Assembly Hall (KLSCAH), Aliran and the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST).
Presenting the vernacular school viewpoint
Held yesterday evening at the LLG Cultural Development Centre in Kuala Lumpur, the forum sought to bring the debate into neutral and open ground. (The eponymous LLG centre is named after Chinese educationist Lim Lian Geok).
Among the forum speakers was Centre for Policy Initiatives (CPI) director Dr Lim Teck Ghee.
In his presentation, Dr Lim said that while government policy on multi-stream education has remained unchanged, certain Malay nationalist groups as well as a few Umno leaders were still continuing with their campaign of agitation aimed at closing down vernacular schools.
Dr Lim described some of these people as being professional agitators who were bent on creating racial strife and attempting to cast the SRJKs as a scapegoat for the country’s race relations crisis.
According to him, the academicians and professionals who were supporting these agitational groups were either ignorant or “apple polishers” seeking to curry favour with the political masters.
Racial discrimination is most divisive factor
There is no empirical evidence to show that vernacular schools undermine national unity, Dr Lim noted. Neither can it be proved that the currently almost mono-ethnic national schools advanced racial integration in any way superior to the role played by vernacular schools.
What evidence there is, Dr Lim explained, indicated that ethnic heterogenous interaction in the so-called “integrated schools” had resulted in disunity and mistrust rather than help bring about unity and integration.
Highlighting a study conducted in 1968-69, he said the poll taken of 7,000 students had found race-based affirmative action to be the factor most responsible for creating inter-ethnic mistrust among the respondents.
The survey had covered 34 secondary schools with mixed student population. Aside from their multiracial enrolment, the schools surveyed were also those where competition for educational mobility was most pronounced.
Dr Lim expressed his belief that the finding is likely to be confirmed by a new study if one were to be done today. He suggested that it is overall government policies on race and religion in the socioeconomic and cultural areas that should be examined and blamed for the deterioration in national unity and integration.
SRJKs included in National Education Blueprint
Observing how SRJKs are increasingly the school of choice for many non-Chinese parents, Dr Lim pointed out that data from the National Education Blueprint revealed Chinese schools to have at present a more multiracial enrolment compared with SKs.
“Most Malaysians are aware that the diversity of school systems is an advantage in our increasingly globalised world and competitive economy,” he opined.
The blueprint, which is the country’s education roadmap for the next dozen years up to 2025, has reiterated that the diversity of cultures and peoples is fundamental to Malaysian identity. It additionally reaffirms the conventional philosophy that students learn best when taught in their mother tongue through their formative years.
The way forward
In his concluding remarks, Dr Lim called on Education Minister Muhyiddin Yassin to provide a White Paper in support of his own recent statement in Parliament that the government has been fair in its allocation to the different schooling streams.
Dr Lim said this reassurance is necessary due to widespread public perception that the SRJKs continue to be discriminated against and treated as “stepchildren” by the government and the Ministry of Education.
Full disclosure of funding allocation, school-building policy, school and class enrolment size and other pertinent issues, he added, would help put to rest the pervasive concern. Otherwise non-Malays might consider SRJKs to be the convenient political football that is kicked around whenever the Malay power centre is under duress.
Let all the 33 Cabinet Ministers reveal whether their children and grandchildren had been educated under the national education system or whether they are products of private and international schools, at home or abroad
By Lim Kit Siang Blog, Former Prime Minister Tun Dr. Mahathir has warned that the social-economic disparity in Malaysia will grow bigger with rich parents sending their children to study English in international schools and abroad while the poor are left behind in national and vernacular schools here.
The former Prime Minister was not revealing any secret when he said that Ministers send their children to private schools and international schools which use largely English as the teaching medium, whether at home or abroad, as this phenomenon started not now but during his 22-year premiership from 1981-2003.
Surely Mahathir was not unaware that his own Ministers were sending their children to private and international schools, whether locally or abroad, demonstrating their lack of confidence in the national education policy and system?
Although the Deputy Prime Minister and Education Minister, Tan Sri Muhyiddin Yassin had boasted that Malaysian youngsters are receiving better education than children in the United States, Britain and Germany, even UMNO leaders and delegates do not believe him – which is why he would not dare to ask the Umno General Assembly to endorse his claim as he would be in for a shocker!
It is true is that the problem of lack of confidence in the BN national education system and policy is now even more serious than in the past, and undoubtedly, there are more UMNO/BN Ministers and leaders who are sending their children to private and international schools, locally or abroad, at present than during Mahathir’s time.
Let all the 33 Cabinet Ministers reveal whether their children and grandchildren had been educated under the national education system or whether they are products of private and international schools, at home or abroad.
Education is one important reason for the crisis of confidence in the Umno/BN government and leadership and why the majority of the national electorate had voted against UMNO/BN in the 13th General Elections resulting in the formation of a minority government and Prime Minister for the first time in Malaysian history.
Recently, former finance minister Tengku Razaleigh Hamzah lamented that Malaysia isn’t getting what it paid for despite pouring billions into the country’s education system.
He said Malaysia spent double than other Asean countries on education in terms of ratio to gross domestic product, more than Japan and South Korea in 2011, but “the heavy spending on education in terms of gross domestic product ratio is not worth it, or at least it does not give the desired return in terms of quality and increased productivity”.
Malaysia may have achieved the notoriety of having spent most on education in terms of ratio to gross domestic product but yet having the least confidence in the national education system among the country’s government and political leadership, including Ministers and Deputy Ministers, whose children opt out of the national education system.
These are the real issues which the UMNO General Assembly should focus on, why Malaysia is stuck in the bottom third of the countries surveyed in international assessments and not making any significant moves towards the upper tier of the top one-third of the countries; why 15-year-olds in Shanghai, Singapore and South Korea are performing in international assessments as though they had four or even five more years of schooling than 15-years-olds in Malaysia in mathematics, science and reading, instead of resorting to the histrionics and hysterics of racist politics as calling for the closure of Chinese primary schools.
Understanding the decision in the transgender case
The Star A Humble Submission by Syahredzan Johan
RECENTLY,
the Court of Appeal delivered a decision that rocked the nation. It
allowed the appeal of three transgender persons who had challenged the
constitutionality of Section 66 of the Negri Sembilan Syariah Criminal
Enactment.
The
Court, chaired by Justice Mohd Hishamudin Mohd Yunus, unanimously found
that the said Section violated Articles 5, 8, 9 and 10 of the Federal
Constitution and as such, unconstitutional.
The
Section provides that any Muslim male who is found to be wearing
women’s attire or posing as a woman is guilty of an offence and may be
punished by way of a fine of not more than RM10,000.00, or imprisonment
of not more than 6 months or both.
The
three appellants in the case are physically male. Yet, they are not
like any normal male person. They, in fact, suffer from a medical
condition known as "gender identity disorder" (GID). Those who suffer
from GID, although they are born physically male, feel that they are
women. They express themselves as women and exhibit mannerisms of the
female gender, such as wearing women’s clothes and make-up.
The
three appellants tendered medical evidence of their condition from no
less than three experts. From the reports, it was established that GID
is not "curable" and is permanent. The reports also established that the
female mannerisms of the three appellants was not something they chose,
nor could they do anything about it. The Negri Sembilan government, in
responding to the suit brought about by the three appellants, did not
rebut the medical evidence that was presented.
As
a result of their medical condition, the three have constantly been
harassed, arrested, detained and charged by the religious authority in
Negri Sembilan, acting under Section 66 of the Enactment. It was
difficult for them to even step out of their house and live their lives
as normal persons as they were constantly subjected to the enforcement
of the law.
Imagine,
being punished for a medical condition that one can do nothing about.
Imagine, if it was another medical condition that was criminalised,
instead of GID.
Based
on this, the appellants claimed that their fundamental liberties
enshrined in the Federal Constitution had been violated by Section 66 of
the said Enactment. They claimed that their right to life under Article
5, right to equality and non-discrimination under Article 8, freedom of
movement under Article 9 and the right to freedom of speech and
expression under Article 10(1)(a) have all been violated by the
authority pursuant to the said Section 66.
Although
the individual states have jurisdiction to enact laws pertaining to the
religion of Islam, including Syariah criminal laws such as Section 66
of the Enactment, these laws must still be consistent with the highest
law of the land - the Federal Constitution.
As
stated by Datuk Dr Shad Saleem Faruqi in a recent article, it is the
Constitution, and not the Syariah, that is the litmus test of
constitutionality. Even though Article 3(1) of the Constitution declared
that Islam is the religion of the Federation, this Article does not
override all other constitutional provisions. Even Syariah enactments
must fall within the ambit of the Constitution and must not deny the
rights of minorities.
There
is no proviso in Section 66 of the Enactment that excludes GID
sufferers from the criminal sanctions. If there were such a proviso, it
could be argued that the Section can be saved from being declared as
unconstitutional. Yet, the law as it stood made no such distinction and
thus violated the constitutional rights of GID sufferers such as the
appellants.
This
case should not be seen as a challenge to the Syariah. If we take away
the Syariah label, the same principles should still apply to determine
the constitutionality of the provision. Nor should this case be seen as
acknowledging LBGT rights, such as "opening the doors" to same-sex
marriages, as alleged by certain quarters. All that the three appellants
were seeking through the due process of the law was simply to live as
human beings, free from harassment and punishment for something they did
not choose nor could do anything about.
* Syahredzan Johan is a lawyer and appeared as amicus curiae in the case for the Bar Council.
> The views expressed are entirely the writer's own.
Click
here to access a copy of the brief judgment of the Court of Appeal, dated 7 Nov 2014.Keputusan Mahkamah Rayuan Dalam Kes Transgender
Click
here to access a copy of the brief judgment of the Court of Appeal, dated 7 Nov 2014.
13 November 2014
Keputusan Mahkamah Rayuan yang mengisytiharkan seksyen 66 Enakmen Jenayah Syariah (Negeri Sembilan) 1992, secara ringkas.
Pada
7 November 2014, Mahkamah Rayuan Malaysia telah secara sebulat suara
mengisytiharkan bahawa seksyen 66 Enakmen Jenayah Syariah (Negeri
Sembilan) 1992 (satu undang-undang yang dibuat oleh Dewan Undangan
Negeri Sembilan) adalah bercanggah dengan pelbagai peruntukan
Perlembagaan Persekutuan. Panel Mahkamah terdiri daripada Yang Arif-Yang
Arif Hakim-hakim Mahkamah Rayuan Dato’ Mohd Hishamuddin bin Mohd Yunos,
Dato’ Aziah binti Ali dan Datuk Lim Yee Lan.
[DIBETULKAN]
Alasan Penghakiman yang ringkas telah disediakan oleh pengerusi panel,
Hishamuddin JCA, dan dapat dibaca di sini. Satu terjemahan kepada Bahasa
Melayu telah dibuat oleh Justice for Sisters Sisters in Islam dan dapat
dibaca di sini. Yang Arif Dato’ Hishamuddin adalah tidak asing kepada
rakyat Malaysia, dan merupakan satu “wira” hak asasi manusia di kalangan
hakim-hakim kami.
Undang-undang
Negeri Sembilan itu telah dibuat mengikut kuasa negeri itu membuat
undang-undang jenayah Islam, dan telah membuatkannya satu jenayah untuk
seorang lelaki memakai pakaian wanita atau berlagak sebagai seorang
wanita.
Akan
tetapi, tiga orang Perayu di dalam kes itu telah disahkan oleh pakar
psikologi dan pakar psikiatri sebagai mengalami Gender Identity Disorder
– satu keadaan medikal yang tidak boleh dirawat, dan mengakibatkan
mereka mengekspresikan diri mereka sebagai wanita. Sememangnya, mereka
tiada pilihan dan secara asalnya merasakan diri mereka sebagai wanita.
Mahkamah
Rayuan telah mengesahkan bahawa mana-mana undang-undang yang dibuat
oleh satu badan perundangan di Malaysia sememangnya mestilah dibuat
selaras dengan peruntukan Perlembagaan Persekutuan. Mahkamah telah juga
menitikberatkan bahawa kes itu bukannya satu keputusan mengenai sama ada
seksyen 66 tersebut adalah selaras dengan ajaran agama Islam, tetapi
sebaliknya sama ada undang-undang itu (yang dibuat oleh ahli Dewan
Perundangan Negeri Sembilan pada tahun 1992) adalah menepati
Perlembagaan Persekutuan.
Perlu
diingati di sini bahawa Fasal 4(1) Perlembagaan Persekutuan menyatakan
bahawa Perlembagaan itu adalah undang-undang agong (“the supreme law“)
Malaysia.
Mahkamah Rayuan, secara ringkas, mendapati bahawa seksyen itu mencabuli
a) hak asasi untuk hidup dengan menghormati harga diri seseorang (right to live with dignity) [Fasal 5(1) Perlembagaan Persekutuan] kerana seksyen 66 mengakibatkan mereka hidup dalam keraguan, kesengsaraan dan secara terhinab) hak asasi untuk bekerja (right to livelihood) [Fasal 5(1) dan 8], kerana mereka tidak dapat keluar daripada rumah secara terbuka untuk pergi ke tempat kerja merekac) hak asasi untuk bergerak ke mana-mana tempat di dalam Persekutuan [Fasal 9(1))d) hak asasi kesamarataan [Fasal 8(1)]e) hak asasi agar tidak diletakkan di dalam keadaan yang mendiskriminasikan mereka oleh kerana jantina mereka [Fasal 8(2)]f) hak asasi untuk mengekspresikan diri mereka [Fasal 10(1)(a)]
Peguam
bagi perayu-perayu adalah LoyarBurok-ker Aston Paiva dan Fahri Azzat,
dengan pelbagai peguam pemerhati dan peguam yang bertindak sebagai rakan
Mahkamah.
Price Of RON97 Reduced By 20 Sen A Litre
KUALA LUMPUR, Nov 18 (Bernama) -- The retail price of RON97 petrol will be reduced by 20 sen a litre, from RM2.75/litre to RM2.55/litre throughout the country effective midnight tonight.
Deputy Finance Minister Datuk Ahmad Maslan confirmed the matter on his Twitter account Tuesday.
A copy of the letter to the effect sent by the Finance Ministry to Petronas Dagangan Berhad was uploaded with his Twitter posting.
The price of the fuel is determined by managed float, and depends on market forces.
Deputy Finance Minister Datuk Ahmad Maslan confirmed the matter on his Twitter account Tuesday.
A copy of the letter to the effect sent by the Finance Ministry to Petronas Dagangan Berhad was uploaded with his Twitter posting.
The price of the fuel is determined by managed float, and depends on market forces.
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