RMAF hostel: Tussle over federal-local powers

An RMAF hostel under construction in Tanjung Bunga, Penang, has been the site of another tussle between federal and local authorities.

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This time, according to a source, federal authorities allegedly refused to acknowledge Penang Island Municipal Council (MPPP) jurisdiction for the proposed hostel, located along Jalan Geh Chong Keat, until last month.
The construction of the hostel for RMAF trainees was carried out without a building plan/building permission approved by the MPPP, said the source.
After receiving complaints from neighbouring residents, the MPPP intervened and stopped work.
After months of inaction, the ministry agreed to abide by MPPP requirements. The building is now already completed and awaiting its OC.
“Clearly this shows how the (local authority) is being disregarded,’” said a source familiar with the problem. He said there are three other cases of similar tussles over jurisdiction namely, the Botanic Garden, and problems in Balik Pulau and Permatang Pauh.
An MPPP councillor explained that under the Town and Country Planning Act, the local authority needs to be consulted about federal projects. And under the Local Government Act, the council is given authority to approve or reject plans.
”I am sure there are other cases of federal projects going ahead without MPPP permission or approvel,” she said, citing the case of an ongoing school project in the Dato Keramat area. “But in the case of schools, we have no heart to adopt a hard line.”

India's Israeli-Arab tightrope walk

 By Ramananda Sengupta- Al Jazeera

India has traditionally endorsed and espoused the Palestinian cause [GALLO/GETTY]

"We do have a defence relationship with India, which is no secret. On the other hand, what is a secret is what is the defence relationship. And with all due respect, the secret part of it will remain secret." - Mark Sofer, Israel's ambassador to India, in a recent interview given to OutlookIndia.com.
India and Israel were born within months of each other. While the former became an independent state on August 15, 1947, the latter was born on May 14, 1948, following the decision of the United Nations to partition British Mandate Palestine.
India, which had opposed this partition, remained officially cold to the Jewish state. In May 1949, it voted (in vain) against the admission of Israel into the UN. In early 1950, after recognising the state of Israel, a visibly reluctant New Delhi allowed it to set up an "immigration office" in the port city of Mumbai. This eventually morphed into a "trade office" and then into a consulate.
But New Delhi dithered over according full diplomatic recognition to Israel until early 1992, when the two nations formally opened their respective embassies in Tel Aviv and New Delhi.

Pro-Arab leanings
Indian foreign policy in the early days after its independence was heavily pro-Arab, partly due to the fact that India has a huge Muslim population which empathised with the Arab world and viewed Israel with suspicion and distrust. But that was not the only reason.
Almost a decade before independence, the father of the Indian freedom movement, Mohandas Karamchand Gandhi, had clearly articulated his position on the issue. In an editorial in the Harijan, a widely circulated Indian weekly, on November 11, 1938, Gandhi declared: "My sympathies are with the Jews ... but my sympathy does not blind me to the requirements of justice. The cry for the national home for the Jews does not make much appeal to me ... Why should they not, like other peoples of the earth, make that country their home where they are born and where they earn their livelihood? Surely it would be a crime against humanity to reduce the proud Arabs so that Palestine can be restored to the Jews partly or wholly as their national home."
India's first prime minister, Jawaharlal Nehru, agreed. Nehru was among the founder members of the Non-Aligned Movement (NAM), along with Presidents Josip Broz Tito of Yugoslavia and Gamal Abdul Nasser of Egypt. This relationship with Nasser and other Arab members of the movement made it difficult for Nehru to align openly with Israel. Besides, while the NAM was an attempt to stay non-aligned during the Cold War, Israel was seen as too closely aligned with the US.
Another reason for India's coldness towards Israel was that, after independence, a large number of Indian workers migrated to the Gulf. The money that they sent back to India formed a sizeable chunk of India's foreign exchange inflow.
This foreign policy position laid out by Nehru and Gandhi was challenged, however, by opposition parties in India from both ends of the political spectrum; they consistently argued for better relations with Israel.

Establishing relations
Although formal relations between India and Israel were established only in 1992 during the tenure of Indian Prime Minister Narasimha Rao, informal relations in the areas of defence and intelligence had commenced long before that. It is interesting that Rao, who was prime minister from June 1991 to May 1996, also aggressively wooed Iran, a nation which did not recognise Israel's statehood, preferring to describe it, instead, as "the Zionist regime".
India's historically hostile relations with Pakistan are often cited as a key reason for the India-Israel defence and intelligence link. But military aid from Israel (mostly in the form of artillery shells) was received by India even during the 1962 India-China border war, which ended only when the Chinese unilaterally withdrew to their pre-attack positions.
Before Rao officially recognised Israel in 1992, Indian and Israeli intelligence officials often met surreptitiously in third countries, particularly after the India-Pakistan war of 1971.
During that war, which led to the birth of Bangladesh from Pakistan's eastern wing, Israel again helped India with mortars and ammunition. One of the Indian heroes of that war was the then eastern command chief, General JFR Jacob - a Jew.
Then, during the Kargil war of May-July 1999, when India attempted to repel Pakistani intruders who had taken up positions on the higher reaches of the Kargil mountains, Israel quickly sent Heron and Searcher unmanned aerial vehicles, or UAVs, to locate and identify the Pakistani-held positions. It also supplied ammunition for the Bofors field guns and night vision equipment, both of which played key roles in the conflict.

Endorsing Palestinian cause

Yasser Arafat, the late leader of the PLO, made several visits to India [GALLO/GETTY]

Paradoxically, India also, simultaneously, endorsed and espoused the Palestinian cause. On its website, the Indian ministry of external affairs says with regard to its relations with the Palestinian people: "India's empathy with the Palestinian cause and its friendship with the people of Palestine have become an integral part of its time-tested foreign policy. In 1947, India voted against the partition of Palestine at the United Nations General Assembly. India was the first non-Arab state to recognise the PLO [Palestine Liberation Organisation] as sole and legitimate representative of the Palestinian people in 1974. India was one of the first countries to recognise the state of Palestine in 1988. In 1996, India opened its Representative Office to the Palestine Authority in Gaza. The office was moved to Ramallah in 2003."
The founder and chief of the PLO, Yasser Arafat, had made numerous visits to India, where he was always received warmly. In April 1984, Indian Prime Minister Indira Gandhi visited Arafat's headquarters in Tunis after a state visit to Libya. When Gandhi was assassinated a few months later by her bodyguards in New Delhi, a shocked Arafat wept in public.
One might wonder how New Delhi reconciled these seemingly irreconcilable positions. It did so by getting the Palestinian Authority on board. Zikrur Rahman, the Indian representative to the Palestinian Authority in Ramallah, told the London-based Al-Haqeq newspaper on 12 May 2007: "When we recognised Israel and normalised relations with her, we did that after taking the approval of the Palestinian leadership; we said, after you agree we'll recognise [Israel] .... The Palestinian leadership told us: 'There are signed accords between us [and Israel] and we are now talking to the Israelis; your establishing relations with Israel helps us.'"
India has also been consistently contributing huge sums of money as grants for budget and development aid to the Palestinian Authority. A recent example took place during the visit of Palestinian President Mahmoud Abbas to India in February 2010.
On that occasion, Prime Minister Manmohan Singh announced a grant of $10mn as budget support to the Palestinian National Authority. This followed several earlier grants of similar amounts, as well as assistance with the development of schools, stadiums, roads and hospitals. India also trains Palestinian diplomats.

An 'unwritten axis'
Over the years, however, the India-Israel relationship has burgeoned into a situation where Israel is poised to become the largest defence supplier to India, a position currently held by Russia. Israel also trains Indian special forces, which are then deployed in the troubled region of Kashmir and in India's north-east areas.
Apart from strategic and military interactions between the two nations, Israeli sensors and satellites are used extensively to monitor the Kashmir border to detect infiltration by insurgents from Kashmir and Pakistan.
The events of 11 September 2001 and the subsequent "war on terror" served to further strengthen this relationship. So did the 26 November 2009 Pakistani terrorist strike in Mumbai. The three-day ordeal left some 200 people dead and more than 300 wounded. Six of the dead were Jews at the Chabad House, a Jewish centre near Nariman point, which was specifically targetted.
But it is not just defence and security that India and Israel collaborate on, though those sectors form a huge, though mostly secret, chunk of bilateral relations. India is also increasingly using Israel's sophisticated drip irrigation technology to boost agricultural production. Non-military bilateral trade stood at $4.2bn in 2009, up from $200mn in 2001. Information technology, telecommunications, energy, chemicals, agriculture, and even real estate and space exploration are areas where there are significant business exchanges.
India recently put an Israeli satellite into orbit. The two sides already have several joint working groups, committees and other bilateral institutional mechanisms. Key among these are foreign office consultations, counter-terrorism, defence cooperation, trade and economic cooperation, agriculture, science and technology, and a dialogue between national security advisers.
While officially tight-lipped over nuclear cooperation, the two states clearly share deep concerns about the possibility of nuclear proliferation by Pakistan, as well as Iran's nuclear ambitions.
In September 2003, during the visit to India by Israeli Prime Minister Ariel Sharon (the first such visit by an Israeli prime minister), his deputy (now late) Yosef Lapid told journalists that an "unwritten, abstract" axis had been created between Israel, India and the US. While there was no "formal triangular agreement ... there is mutual interest of the three countries in making the world a more secure place for all of us. There is American support for development of this unwritten axis," Lapid told reporters in New Delhi. Therefore, "in the abstract sense, we are creating such an axis".
In a talk delivered at the Indian Council for World Affairs the same day, he warned that both nations face threats from terrorism and "fanatic" Muslims, and said the "moment terrorists laid hands on nuclear weapons the face of the world will change".

Noting that Israel had accepted the possible existence of a Palestinian state, Lapid said this could become a reality the moment "Arabs stop terrorising us". At the same time, the strengthening of Indo-Israeli ties should not be a "disturbing factor" for Arab countries, and "the Indian government has a right to establish relations with any country," he added.

Arabs 'losing India'

The Mumbai attacks brought India and Israel closer together [GALLO/GETTY]

"What made India change its mind and throw itself in the arms of a country that occupies Arab and Palestinian land, to the point where it has played host to Ariel Sharon?" asked Mustafa El-Feki, the chairman of the foreign affairs committee in the Egyptian parliament, and a former Egyptian ambassador to India, in an article in Al-Ahram Weekly.
"India and Israel have their own separate political agendas. India wishes to have access to US and Israeli technology, particularly in the development of weapons. Israel, for its part, wishes to have the political backing of a powerful nation," he wrote.
El-Feki pointed to several reasons for this cosy relationship between India and Israel.
First, we have made the error of viewing the Indian-Pakistani conflict from an Islamic perspective. We have tried to "Islamise" the ongoing conflict in South Asia, posing as protectors of Islam and custodians of the international community. And we have overlooked the regional role of India, with Arab leaders showing up in New Delhi much less frequently than before.
Second, he wrote, was the rejection of India's application for membership of the OIC. "A country with 120 million Muslim citizens applied for membership and what happened? Islamic countries, in typical naiveté, rejected the Indian application, imagining this would please Pakistan and teach India a lesson," he said.
Third, according to El-Feki, after the collapse of the Soviet Union and the end of the Cold War, India moved closer to the US for both political and economic reasons. He argued: "I wouldn't be surprised to see India assume the role of a policeman in the Indian Ocean and the outskirts of the Gulf, with US blessing and with the aim of encircling so-called Islamic violence. This would be in harmony with Israel's agenda, and it may pave the way to a scheme of joint control over the Greater Middle East."
Making a strong case for an even-handed Arab approach towards India and Pakistan, the former ambassador to India recalled that during his time in India, the Palestinian ambassador to New Delhi enjoyed the privilege of meeting the Indian prime minister at any time he wished to do so. But as the Islamic phenomenon spread and some Arab policies acquired a religious tint, India grew visibly suspicious of the Arab and Islamic worlds. To make things worse, Arab diplomacy in India was lackadaisical over the past two decades ... We have lost India so far for no good reason, I should say .... It is time we mend this error. It is time to bring Arab countries closer to both India and Pakistan, rather than take one side or keep our distance altogether. I believe the Arabs have only themselves to blame for India's change of heart on the Palestinian question."

'Enlightened self-interest'
Despite the rapidly increasing synergy with Israel, however, India continues to enjoy reasonably cordial relations with the Arab League and the Gulf Cooperation Council. India has been attending the annual Arab League summits as an observer since 2007, and the first Arab-India Cultural Week was held in New Delhi in 2008.
In a statement released on the eve of the 65th anniversary of the Arab League on March 27 this year, the League declared: "There is a need for collective and dedicated efforts for strengthening Indo-Arab ties with further building up of relations between India and the Arab world, including in the fields of Science and Technology, Education, Health, Telecommunication and Energy."
As far as the Gulf Cooperation Council (UAE, Bahrain, Saudi Arabia, Oman, Kuwait and Qatar) is concerned, while New Delhi enjoys reasonably cordial ties with the individual states (which supply almost 70 per cent of its oil and energy needs), attempts to forge a free trade agreement with the Council have been held up due to issues over whether oil should be part of the agreement.
India's current prime minister, Manmohan Singh, has often described the country's growing relationship with the US, as well as the recent endorsement of US/UN sanctions against its long-term ally, Iran, as acts of "enlightened self-interest". Many in his government use the same phrase to describe the relationship with Israel.
India - and Israel - have taken pains to spell out that this relationship is not at the expense of India's relations with the Arab states. Indian diplomats and politicians keep pointing to the fact that India has publicly condemned Operation Cast Lead, Israel's name for the blistering three-week long attack on the Gaza Strip in late 2008-early 2009.
India also joined in the international condemnation of the May 31, 2010 pre-dawn Israeli attack on the Turkish Ship Mavi Marmara, which led the "Gaza Freedom flotilla" carrying humanitarian aid for the people of the blockaded Gaza Strip. Nine people were killed in the attack by Israeli commandos.
"India deplores the tragic loss of life and the reports of killings and injuries to the people on the boats carrying supplies for Gaza. There can be no justification for such indiscriminate use of force, which we condemn. We extend our sympathies to the families of the dead and wounded. It is our firm conviction that lasting peace and security in the region can be achieved only through peaceful dialogue and not through use of force," said a statement from the ministry of external affairs.
But while successive governments in New Delhi have been quietly trying to maintain and develop India's relationship with Israel without overly antagonising the Arab world, there are times when the stress shows. Take, for instance, the article written by recently-removed minister of state for external affairs, Shashi Tharoor, in January 2009. Tharoor was India's candidate for the UN secretary general's post in 2006. He quit after losing to Ban Ki-moon, and joined Indian politics. The syndicated column, distributed worldwide, was run by Israel's Haaretz newspaper with the title: "India's Israel Envy". The article, which coincided with Israel's operation Cast Lead, caused an uproar, both domestically and internationally.
During his election campaign in March 2009, the opposition used the article to imply that Tharoor endorsed the Israeli military operation in Gaza. Earlier, several Arab diplomats in New Delhi also voiced their concern, asking whether Tharoor's article reflected the ruling Congress Party's position on Israel.
Tharoor was subsequently forced to write another article defending himself, and clarifying that he had not endorsed Israel's military campaign in Gaza, and pointing to what he regarded as his long and consistent pro-Palestinian stand during his stint at the United Nations.

India-US relations
Another critical factor in the changing Indo-Israeli relationship is the rapidly developing ties between India and US. Given the strong US-Israel relationship, New Delhi does not want to rock the boat by openly antagonising Israel. Besides, the Indian diaspora in the US, which is growing increasingly active politically, admits to looking at the American Jewish Council (AJC) and America Israel Political Action Committee (AIPAC) as role models. As one analyst put it, India and Israel move closer together each time the India-Pakistan conflict escalates.
Officially, New Delhi insists that this relationship does not signify a change in its position on Palestine, or its ties with the Arab world. Privately, however, Indian diplomats point to the fact that despite numerous Indian overtures, the Arab world consistently backed Pakistan's position on Kashmir, while Israel endorsed the Indian stand.
In 2003, after Ariel Sharon's visit to India, then Indian foreign minister Yashwant Sinha had tried to allay Arab fears by telling the Pakistani newspaper The News: "The fact that Sharon visited New Delhi in no way makes us complicit to what the Israeli are doing or saying. We have explained our position with regard to Palestinian cause in very clear terms as indeed we have done repeatedly to Israel."
Responding to a question on India's relations with the Arab world, particularly in the context of Israel's decision to expel PLO leader Yasser Arafat, Sinha said: "I don't think Palestinians are in any doubt about Indian policy. The problem arises only with those people inside India and outside India who are more Palestinian than the Palestinian themselves."
Recently, a senior Indian foreign ministry official (who requested anonymity) remarked when quizzed on the status of India-Arab relations: "We are very keen to maintain friendly relations with both the Arab world and Israel. But it would help us a lot if the Muslim world took a more nuanced stand on Pakistan and Kashmir."

Ramananda Sengupta is the chief editor of the Indian news website www.sify.com.

The views expressed in this article are the author's own and do not necessarily reflect Al Jazeera's editorial policy.

This article was first published by the Al Jazeera Centre for Studies.

Moorthy case: MAIWP acted in bad faith, court told

Moorthy case: MAIWP acted in bad faith, court told

(Malaysiakini) In the ongoing battle surrounding Mount Everest climber S Moorthy who was buried as a Muslim despite his widow objections, the lawyers of the bereaved S Kaliammal has accused the Federal Territory Religious Council (MAIWP) of acting in bad faith (mala fide) when it obtained an ex-parte (based on a single party) order from the Syariah Court to declare the deceased a Muslim.

Counsel M Manoharan told the Court of Appeal today that MAIWP's application was made suddenly and with haste, on Dec 21, 2005 just one day after Moorthy's death without informing his client Kaliammal (right, in photo), thus depriving her of her right to be heard.

Manoharan said this during submissions for Kaliammal's application to reverse an earlier High Court decision in Devember 2005 to dismiss her bid for a declaration that Moorthy was a Hindu at the time of his death.

"This ex-parte order may also cause the non-Muslims to fear, because the Syariah Court seems to be trespassing in areas which it has no jurisdiction. In this case it has denied Kaliammal her rights," said Manoharan when approached by Malaysiakini after the conclusion of the Appeals Court hearing today.

The earlier High Court decision was made by judge Mohd Raus Sharif based on the ex-parte order from Kuala Lumpur Syariah High Court, which ruled that Moorthy, also known Mohamad Abdullah, was a Muslim and thus his religious status was out of the Civil Court's jurisdiction.

Kaliammal filed an application for a judicial review of the decision in January 2006, but had to wait nearly two years because M Manoharan had subsequently been detained under the Internal Security Act.

"We want the case to be sent back to the High Court and be heard again based on merit," said Manoharan.

He contends that as Kaliammal is a non-Muslim, the Civil Court must be the court to try the case, and not the Syariah Court which is exclusively for Muslims.

"She wants to (establish) the religious status of her husband at the time of his death," he explained.

Manoharan (left) in his submission criticised the MAIWP for using the "the back door" ruling of obtaining the ex-parte order, when they really should have brought their evidence - that Moorthy has converted to Islam - to the Civil Court to be heard and ruled on

At this juncture the bench requested the lawyer to rephrase his words, whereupon he changed the term "back door" to "without telling anyone", to stress what he maintained was the stealth of the move by the MAIWP.

Manoharan also claimed that they have evidence in the form of affidavits that will prove that "at all material times" Moorthy was a Hindu, evidence which he says was never heard by the High Court in making its earlier dismissal of their application.

'Only doing our job'

However Sulaiman Abdullah, the lead counsel for MAIWP, which is named as the first respondent in the appeal, strongly refuted Manoharan's allegation that the council had any bad intentions.

"The council was only trying to do its job in difficult circumstances," said the counsel.

Sulaiman also argued that Mohd Raus had ruled correctly in declining jurisdiction, as the matter of the religious conviction of a Muslim ultimately falls under the powers accorded to the Syariah Court, as provided for by the constitution under 'powers accorded to the state'.

Senior Federal Counsel Mohamad Nasir Bin Disa, lead counsel for the Kuala Lumpur General Hospital and the federal government – the second and third respondents respectively - also denied that the application for the Syariah Court order was made without Kaliammal's knowledge, saying that nothing in her affidavit said that she was unaware of the matter.

Counsels for both the government and the religious council maintained that they have informed Kaliammal of their intention to seek the order, but she "did not avail herself" to cooperate with them.

"We met her and told her that we are going to get the order, but she and her lawyers said that they will not have anything to do with the Syariah Court," he added when met by Malaysiakini after the court had adjourned.

Judgement on Aug 6

Both the counsels for the religious council and the government are asking that the court set aside the appeal, but has decided not to ask for costs.

After hearing the submissions from both sides, the Appeal Court judges who presided over the case - Zainun Ali, Wahab Patail and Clement Alan Skinner - fixed Aug 6 to announce their judgement.

"We have listened to all the points, but it will take several days of deliberation for us," said Zainun.

Moorthy was part of Malaysia's 1997 Mount Everest team and one of two members who reached the peak.

His death and subsequent Muslim burial in 2005 sparked an ugly row among Muslims and non-Muslims, exposing conflicts in Malaysia's dual-track civil and syariah law.

Chief Secretary says Penang CM’s accusations excessive

KUALA LUMPUR, July 21 — Chief Secretary to the Government Tan Sri Mohd Sidek Hassan today defended Penang State Development Officer Nik Ali Mat Yunus and described the allegations by Penang Chief Minister Lim Guan Eng against Nik Ali as excessive and should not have been made in the open.

Mohd Sidek, who is also the Cabinet Secretary, said the Cabinet at its meeting today took a serious view on Lim’’s statement against Nik Ali particularly on the issue over illegal sand mining in Balik Pulau, demolition of the arches at the Penang Botanical Garden and the allegation that no seat was

provided for the Penang Chief Minister during the launch of the Penang Hill Railway.

“These three issues, for which Nik Ali was blamed by the Penang Chief Minister, were not under the jurisdiction of the officer as the State Development Officer,” Mohd Sidek said in his brief statement, here today.

He said the Penang Chief Minister should follow the correct procedure by channelling complaints on these issues to the relevant department/agency.

Previous press reports stated that the rift between Lim and Nik Ali emerged when the Chief Minister was alleged to have made several statements criticising the officer.

Among other things, Lim had labelled Nik Ali as “incompetent, useless, unprofessional and a coward” and that he should be sacked with regard to the issue on the illegal sand mining in Balik Pulau. — Bernama

Raja Petra probe: Malaysia happy with British cooperation

KUALA LUMPUR: Malaysia is satisfied with Britain's cooperation in investigations pertaining to blogger Raja Petra Kamaruddin, who is reportedly in London. Attorney-General Abdul Gani Patail said the matter must be handled according to legal channels, with one country repecting the laws of another.

"Yes, I have no complaints. Everything has got to be done by legal means. One does not flout another country's laws and it is much more, even so, for the authorities in both countries to respect the laws of the other country," he said.

Abdul Gani was speaking at a press conference after the signing of the Treaty on Mutual Assistance in Criminal Matters between Malaysia and Britian here today, to cooperate in the prevention and combating of transnational criminal activities.

Asked if the treaty would help in bringing back Raja Petra from London, the

attorney-general said: "It will help in all cases, not only Raja Petra. But remember, we still have to comply with each other's laws. This is not simple."

Abdul Gani said there was no extradition treaty between Malaysia and Britan, and that was a separate process from the treaty signed today.

However, he said Malaysia could make a request to any country on the directive of the home minister, and subjected to the laws of the country involved.

"There has always been an understanding on this extradition but so far, we have not made any application to the United Kingdom for a proper extradition treaty.

"An extradition treaty is a matter for us to think about later, but we are very happy with this mutual assistance treaty today," said Abdul Gani.

Raja Petra fled the country after two warrants of arrest were issued, following his failure to be present in court proceedings on April 23 and May 23 last year, for allegedly posting seditious and slanderous articles on his website.

Asked if written replies by former private investigator S Balasubramaniam to the Malaysian Anti-Corruption Commission (MACC) was admissible in a court of law in this country, Abdul Gani replied:

"Whatever MACC does, it has to comply with our laws to determine admissibility. You don't actually need to have your statement recorded by the police. Documents are all admissible in court, provided you comply with the law. So, it's fine with me," he said.

The private eye courted controversy when he made two conflicting sworn declarations related to the murder of Mongolian model Altantuya Shaariibuu.

The MACC recently decided against going to London to record a statement from Balasubramaniam and instead, submitted questions for him via his lawyer.

- Bernama

Don't wear 'devilish' Man Utd jersey, Muslims warned

 

KUALA LUMPUR: Muslims must not wear the famous Manchester United red jersey because of the "devil" emblem on its team crest, Malaysian clerics said today.
Manchester United and the rest of the English Premier League are massively popular in Muslim-majority Malaysia and the rest of the Asian region, but conservative religious scholars said the jersey is un-Islamic.

Also off limits are the shirts of teams including Brazil, Portugal, Barcelona, Serbia and Norway, all of which carry images of the cross on their team emblems.

"This is very dangerous. As a Muslim, we should not worship the symbols of other religions or the devils," Nooh Gadot, a top Islamic cleric from Johor, said.

"It will erode our belief in Islam. There is no reason why we as Muslims should wear such jerseys, either for sports or fashion reasons," said Nooh, an adviser to the Johor religious council.

"Even if it (the jersey) is a gift, we should decline it. It is even more sinful when people realise this is wrong and still buy these jerseys to wear," he added.

Nooh said there was no "fatwa", or religious edict, against the shirts but that one was not needed when it was clearly wrong for Muslims to don such a garment.

"These Muslims should repent, repent immediately," he said.

Another leading cleric, Harussani Zakaria, a cleric from Perak, agreed that devils should be shunned, not celebrated.

"Yes of course in Islam we don't allow people to wear this sort of thing," he said. "Devils are our enemies, why would you put their picture on you and wear it? You are only promoting the devil."

Malaysia is a generally moderate Islamic country, but conservative clerics have issued controversial edicts in the past including a ban on the ancient practice of yoga, which is criticised for including Hindu religious elements.

- AFP

Malaysia unfit to be in Human Rights Council, says Suaram

By Rahmah Ghazali

KUALA LUMPUR: Malaysia does not deserve to be in the United Nations Human Rights Council if it continues with its “rampant” human rights violations, said human rights watchdog Suaram.
The situation has deteriorated under Prime Minister Najib Tun Razak's watch since he took office in April 2009, said Suaram coordinator John Liu at the launch of Malaysia Human Rights Report 2009 here this morning.
Liu cited the use of controversial preventive laws such as the Internal Security Act (ISA), Emergency Ordinance (EO) and the Dangerous Drugs Act (DDA), which permit detention without trial, which had brought the country to an all-time low under Najib.
Altogether, he said that more than 1,000 people have been detained under the preventive laws until the end of last year.
He said that the EO and DDA had many more detainees, including minors, compared to the ISA, which has 16 detainees.
“Some 819 people were detained under the EO, including 36 minors, and this is in blatant contravention of the Convention on the Rights of a Child and the Child Act Malaysia.
“Until February 2010, somde 412 people were detained under the DDA; so in total, more than 1,000 have been incarcerated without being tried in court,” said Liu.
"Reviewing and amending such laws is not sufficient. Even the UN Human Rights Council has said so in response to calls to abolish the ISA," he said.
“In 2009, there were nine detainees under ISA. Even when the government talks of amending and reviewing the law, it continues to detain people. The number is now 16,” he said.
In its 228-page report, Suaram highlighted alleged abuses of power by law enforcement agencies, such as the Malaysian Anti-Corruption Commission, deaths in custody, heightened intolerance towards dissent, mass arrests during protests against the government and critics of the government “targeted for harassment”.
It also focused on the plight on refugees and asylum seekers and the alternative media which has become the latest “victim” of political interests.

Less optimistic

Liu expressed fears about the Barisan Nasional government’s resistance to change although international reports were not favourable to it.
This was proven when at least two international reports in 2009 drew attention to the collusion between the immigration authorities in trafficking and refugees at the border.
“This is a major threat that we discerned in 2009 and it is expected to continue in 2010,” he said.
Malaysia also failed to comply with minimum human right standards in spite of recommendations made by bodies like Suhakam and the UN Human Rights Council.
“Inspite of this, it still did not stop Malaysia from seeking election into UN Human Rights Council in May 2010,” said Liu.
Suaram director, Dr Kua Kia Soong, was also less optimistic when asked whether Malaysia had a chance to get into the respectable council.
“If you ask any Suaram member, I’m sure you will know the answer,” he laughs.
“Those lobbyists in the UN asked us (whether Malaysia is qualified), but I don’t think we deserve to be in the council. Definitely not,” he said.
Former ISA detainee Mat Sah Mat Satray, who related his experience under detention for eight years, also attended the two-hour conference.

Five-point recommendation

Suaram urged the government to repeal all detention without trial laws, pointing out that “these legislations severely violate fundamental human rights”.
Other longstanding demands to the government include:

• Setting up immediately an independent and effective oversight monitoring body to ensure accountability in the police force and other law enforcement agencies;
• Repealing repressive legislations and/or provisions in laws which undermine freedom of speech, expression and assembly;
• Recognising the status and rights of refugees and asylum seekers;
• Ratifiying all the remaining core international human rights treaties (Malaysia has only ratified two of the nine core treaties); and
• Strengthening Suhakam’s independence and implementing the commission’s recommendations.

Moorthy's religious status: Court to decide on Aug 6

PUTRAJAYA: The Court of Appeal will decide on Aug 6 on whether the Civil High Court has the jurisdiction to determine the religious status of the late Everest climber Sergeant M Moorthy whose conversion to Islam has been disputed. A three-men panel comprising Zainun Ali, Abdul Wahab Patail and Clement Allan Skinner fixed the date today to deliver their verdict in the appeal brought by Moorthy's widow S Kaliammal after completing hearing submissions.

Justice Zainun said the panel members needed several days to deliver their decision on the matter because there were merits to consider, although there were no novel points.

If the court rules in favour of Kaliammal, 35, then her case would be reverted to the High Court for hearing.

She is appealing against the Dec 28, 2005 High Court ruling which had refused to determine the religious status of her late husband on the grounds that a matter of this nature was under the exclusive jurisdiction of the Syariah Court.

Kaliammal had filed an originating summons on Dec 21, 2005 to the Kuala Lumpur High Court, which, among other things, sought a declaration that Moorthy was a Hindu.

The following day, the Kuala Lumpur Islamic Affairs Religious Council obtained an ex-parte order from the Syariah Court stating that Moorthy had embraced Islam prior to his death.

The order also permitted the council to bury Moorthy, whose Muslim name is Mohamad Abdullah, according to Islamic rites.

He was buried on Dec 28, 2005 at the Taman Ibukota Muslim Cemetery in Gombak, Selangor. Moorthy became paralysed from the waist down after a fall during training at the Sungai Udang Camp in Melaka on Aug 14, 1998 and was confined to a wheelchair. The former army commando went into a coma following a fall from the wheelchair and died at the Kuala Lumpur Hospital'S intensive care unit on Dec 20, 2005.

Fair trial

In the appeal proceeding, lawyer M Manoharan representing Kaliammal said the Civil High Court could hear his client's application because Kaliammal, being a non-Muslim spouse, only had recourse to a court of civil jurisdiction.

He said it was in the interest of Kaliammal for a fair trial since the Syariah order declaring Moorthy a Muslim, was obtained ex-parte by the council.

Manoharan said the Civil Courts possessed the requisite powers and jurisdiction to deliberate upon matters relating to renouncement and conversion of Islam.

Counsel Sulaiman Abdullah for the council argued that the matter should not be remitted to the High Court for determination because the existence of a Syariah order stating that Moorthy was a Muslim, was sufficient to put to an end to the matter.

"The primary issue is justice to the deceased. Since there is evidence from the council that he is a Muslim, then he should be buried in a Muslim cemetery. The council is a body responsible for looking after the interest of converts including burial," he said.

Senior Federal Counsel Arik Sanusi Yeop Johari said Kaliammal had remedy under the law to challenge her late husband's conversion by testifying in the Syariah Court relating to Moorthy's religious status.

However, he said Kaliammal opted not to use her rights which was provided under Section 83 (2) of the Federal Territory Syariah Court Evidence Act 1997.

- Bernama

Raid on PKR HQ

Raid on PKR HQ aborted due to warrant glitch

By Jamilah Kamarudin - Free Malaysia Today
 PETALING JAYA: The police raid on the PKR headquarters hit a snag when it was discovered that there were defects in the search warrant.
Some 30 policemen had gone to the party headquarters in Tropicana Damansara here purportedly to look for a computer belonging to PKR supreme council member Badrul Hisham Shaharin, popularly known as Chegu Bard.

The police were also waiting for the Seremban-based Badrul's arrival.

However, the raiding team with officers from Seremban left empty handed after recording the statements of two PKR officials, including the party's communications director Jonson Chong.

Badrul is being investigated over an article in his blog which allegedly insulted the King and the royal institution.

He was arrested on July 9 in Seremban and was quizzed for three hours. His house was also ransacked on the same day.

Meanwhile, Chong said the search warrant was defective because it did not state the section under which Badrul's alleged offence falls.

“This is a technical error on the part of the magistrate," he said.

According to Chong, the warrant should have stated Sedition Act 1948 but the document only contained the section which empowers the magistrate to issue the warrant.

Furthermore, he said Badrul had admitted to have made the blog posting. “There is nothing to hide. He never objected or denied the posting,” he added.

Chong also said there was no reason to search the PKR headquarters since the published material was available online and any extra information should be obtained from Badrul or his computer.
"They agreed not to proceed with the search and recorded statements from me and PKR organising secretary Radin Shamsul Kamal,” he added.

Malaysia intolerant of dissent

(Reuters) - MALAYSIA arrested nearly 1,000 anti-government protestors in 2009, signalling 'heightened intolerance', an influential and independent human rights group said on Wednesday.

Political tensions rose in this South-east Asian country following record 2008 polls losses by the government now led by Prime Minister Najib Razak.

Tensions are still high and could rise further with the sodomy trial of opposition leader Anwar Ibrahim resuming next month.

'Because the Prime Minister sought to regain his losses in 2008, 2009 saw a huge crackdown on dissent and the opposition,' said John Liu, a coordinator with SUARAM or Voice of the Malaysian People group.

Mr Najib took office in April last year pledging political and economic reforms to revive his coalition and woo foreign investments to the South-east Asian country.

The rise in political tensions and increasing competition from faster reforming regional neighbours like Indonesia have weighed on investor sentiment towards Malaysia where investment has languished.

Make public the specific proposals made by the Sabah Chief Minister’s Department Laboratory on the Management of Illegal Immigrants in Sabah

New Straits Times today front-paged its exclusive story of 55 proposals by various government agencies in a laboratory to combat terrorism and reduce the high number of illegal immigrants in the country.

These 55 proposals are to tabled at the Cabinet Committee on Foreign Workers chaired by the Deputy Prime Minister Tan Sri Muhyiddin Yassin when it meets on August 2.

What has happened to the earlier Laboratory on the Management of Illegal Immigrants in Sabah formed under the Sabah Chief Minister’s Department a few months ago, which is to come up with a new strategy and specific proposals to end the long-standing problem of illegal immigrants in Sabah?

Sabah faces the worst problem of influx of illegal immigrants, causing the state’s population to explode from some 400,000 during the formation of Malaysia in 1963 to three to four million today – with over half of the population believed to be foreigners.

Various Cabinet Committees to resolve the Illegal Immigrant problem in Sabah together with their respective deadlines have come and gone but the problem of illegal immigrants in Sabah have only got worse.

The promise by one Prime Minister after another to resolve the illegal immigrant problem in Sabah have also come and gone, but no one can see any solution in sight.

Is the problem of illegal immigrants in Sabah coming under the wing of Muhyiddin’s Cabinet Committee on Foreign Workers or is it treated separately like the Sabah Chief Minister’s Laboratory on the Management of Illegal Immigrants.

Sabahans and Malaysians are entitled to clear answers.

In the meanwhile, the proposals for resolving the problem made by the Sabah Chief Minister’s Department Laboratory on the Management of Illegal Immigrants should make public for discussion and consultation.

Low Taek Jho, Paris Hilton, Rosmah & RM 11 billion

ps- Please don’t forget to stand with Fadiah! Much more impt than this!
Isn’t it weird to have Paris Hilton and Rosmah in the same sentence? *shudders*
The Nutgraph has really come into its own, avoiding the saturated online news landscape and focusing on features and investigative reporting.
Their work on the New York Times Rosmah ad (here and here) was really fantastic, and a fun read.
Among the speculations that arose from there was the involvement of Low Taek Jho in the Rosmah ad. Yeah. This “fat bastard” (as one Twit put it):

Many have highlighted his Mr. Paris Hilton persona, but recently, Anil Netto did some more serious homework.
Let’s start with TNG’s work. These are two must read articles – the first, and the second.
They basically follow a trail of APCO-like public relations companies (esp in terms of sketch factor), in trying to determine who really arranged for the ad, and for Rosmah’s fake award.
Somewhere along the line:

Jones replied to Tichansky after reading Tichansky’s e-mail to The Nut Graph, and surprisingly copied us in an e-mail we received on 2 June, saying: “This is great. Thank you! Please send, and I’ll forward to Joh.”

This appeared to be an accident, and many suspected that there was a misspelling :)
TNG bravely followed up:

Henry Thomas Jones of Laurus Group DC, a “small public relations firm”, sent an e-mail on 7 June accusing The Nut Graph of blowing up a “trivial matter” and being unprofessional.
The Nut Graph had written to Jones on 3 June to ask what his involvement in the award and the ad was after he had surprisingly copied us on an e-mail to Tichansky. In that e-mail, sent on 1 June, Jones had responded to Tichansky’s e-mail to us which defended Rosmah as the award recipient. Jones told Tichansky: “This is great. Thank you! Please send, and I’ll forward to Joh.”
The Nut Graph then wrote to Jones, who is known to have worked in a powerful lobbying company and is a seasoned political campaigner, to ask him if Laurus Group, DC was the one that ordered and paid for the ad congratulating Rosmah. We also asked if he was involved in lobbying for Najib’s meeting with President Barack Obama and for Rosmah to be conferred an award.
Additionally, we asked him who “Joh” was, and whether it was a particular individual whose name has been circulating among the New York-based media, and among local business and political circles. Jones did not reply.
However, after our 7 June report on the NYT’s mistake, Jones’s apparent involvement, and the mysterious “Joh”, Jones wrote a scathing e-mail that said:
“‘Joh’ … is my receptionist, Jo. When typing on the iPhone, it is not uncommon for me to misspell words. In this instance, I added an ‘h’. My firm provides occasional PRO BONO services to the Business Council for International Understanding.

(nat: OH, iPhone ftl? hahaha)

“It is unfortunate that such a trivial matter, a misspelling in an internal communication, gives rise for your publication to generate unsubstantiated allegations, and then to publish the same. From an American perspective, I find The Nut Graph‘s standards for publication to be less than professional.”
Despite being asked to clarify in an e-mail we sent on 8 June, Jones did not reveal his receptionist’s full name and contact details. He also did not explain why a receptionist in his firm would need to be copied on a correspondence between him and his client.
He did not specify what about The Nut Graph’s reporting on 7 June constituted “unsubstantiated allegations”.

I don’t know why Mr. Jones is getting his knickers in a twist, if this really is a small issue?
Also, secretary or assistant we might understand. Receptionist? Err.
Another lead worth following is that there were considerable rumours going around that the Rosmah ad was connected to Taib Mahmud’s money, down in Sarawak.
Lo and behold, thanks to Anil:

Low is a non-executive director of UBG Bhd. He is a representative of Majestic Masterpiece Sdn Bhd and Abu Dhabi-Kuwait-Malaysia Investment Corporation (ADKM), a 53 per cent shareholder of UBG, whose chairman is Mahmud Abu Bekir Taib, son of Taib Mahmud. (UBG has acquired a couple of CMS companies.)

Ouch.
Anyway, why should we really care about all this? A few hundred k is a lot of money, but not tons.
Oh. But wait. There’s more? After all, mebbe a few hundred thousand ringgit ain’t quite enough to put you on a boat with Paris in Paris.

Again, Anil:

Meanwhile, 1MDB is a “strategic development company” owned by the Malaysian government. The firm started life as the Terengganu Investment Authority (TIA), which was set up to manage Terengganu’s RM1 billion annual revenue from oil royalties under what would be the country’s second sovereign wealth fund. TIA was established with the approval of the federal and state governments in March 2009, around the time Najib was set to take over as PM.
One of the key figures who advised the King (who comes from Terengganu) to establish the TIA was Low Taek Jho, reported the Edge on 14 December 2009.
(Low was previously reported in the Malaysian Insider, which cited a Singapore Straits Times report, as being part of Najib’s inner circle and having close ties with Middle East investment funds.)
The original idea behind TIA was to create a sovereign wealth fund with RM5 billion from the federal government and another RM6 billion to come from Terengganu’s securitised future oil royalties receivable from Petronas.

Good lord. RM 11 billion?
Yeah, I think there are some people who’d consider that kinda ‘hawt’.
I think what we’re looking at here is a Najib lieutenant that was entrusted to help siphon of billions of our money, and who got a little carried away.
(Not that he wasn’t willing to share the glamour, mind -

Apart from the NYT ad, Rosmah and Najib were also feted on 16 April at the five-star St Regis Hotel in New York where the award ceremony was held.
The star-studded event was emceed by Oscar-winning actor Jamie Foxx and attended by Hollywood glitterati including Oscar-winning Robert De Niro and Charlize Theron, and Emmy Rossum. Performances by Grammy-award nominee Leona Lewis, and the Harlem Boys Choir were also held. A rendition of We Are the World led by Foxx and sung by De Niro, Theron and others ended the night.
Various blog postings and Tweets on the event talk about how well Foxx warmed the party up. One blogger, who attended the event, wrote that Foxx performed a “flirty” karaoke version of You’ve Got a Friend with Rosmah, and danced with Najib.

That’s it? That’s why they work so hard to steal our money? To rub shoulders with movie stars?
Imagine what it would have costs to have those stars ‘entertain’ the PM of some far-off, tiny country.
Had enough of these guys? I have.
ps- added info via @Aisehman: also don’t forget dat bsides MCing at Hair’sz event, Foxx also gave Jho a car as gift, as reported
pps- Wah!! Eyewitness?! Via @anthraxxxx and @suanie

Stand w/Fadiah: spoke out against slave labour, hauled up by MACC

ursday, July 22nd:
10.30am: Handover of memo to Minister of Defence, to guarantee safety of Sgt. Tharmendran
(MINDEF, Jln Padang Tembak, KL)
1.30pm: Solidarity with Fadiah Fikri
(MACC, Rumah Perseketuan, Jln Sultan Hishamuddin, KL)

Fadiah on the right

Unbelievable. They’re doing it again.
Fadiah Fikri, from Lawyers for Liberty, the nicest person you’ll meet, is a relentless crusader for human rights. The attempt by her and others to speak up for the rights of migrant workers exploited in the construction of new Istana Negara, has now got her hauled up for questioning with the MACC on Thursday.
Said Istana Negara has a price tag of RM 800 million, but it appears that that only covers crony fees, and left nothing for payment to the human beings that are actually building the place (like the pyramids, built on slave labour).
While no action against has been taken against a single employer, and idiots like Ezam Nor yelp and scream about derhaka and racism, it is the brave few who dare to speak up for the downtrodden that are hauled up.
Don’t stand for this nonsense, Jangan jadi satu lagi Teoh Beng Hock! Stand together with Fadiah tomorrow at the MACC!
(and if you can, join what will likely be many of the same people in the morning, to stand up for Tharmendran)
The Star:

Many foreign workers hired to build the new RM800mil Istana Negara claim they have not been paid over the last three months despite working seven days a week.
Living in fear and frustration, the workers alleged they were exploited and cheated and held to ransom by their employers because many of them do not have work permits.
There are more than 1,000 migrant workers from Indonesia, Bangladesh, Nepal and Vietnam hired by more than 130 sub-contractors who are involved in the Jalan Duta palace project.
Most of them stay in kongsi or long wooden houses near the construction site.
According to workers interviewed by The Star, some employers threatened to call the police when they persisted in asking for their wages.
Several workers even claimed they were harassed by the police and Rela officers and that their possessions like mobile phones, cigarettes and canned drinks were confiscated.
Indonesian Punawi, 32, who does plastering work, said he had not been paid for five months and barely had any money left for food.
“I only manage with one meal a day and that’s because the foodstall owner allows me to eat on credit. My work permit has expired and I don’t have RM3,000 to renew it,” he added.
Jatim, 37, said their employer would hold back their wages for three to four months and they would subsequently be paid a month’s salary.
Some employers, he claimed, would extend loans of RM50 to RM100 per week to the workers, leaving them in debt.
Jatim’s wife, Salimah, 32, who lives with him at the kongsi near the construction site with their five-month-old baby, said they often lived in fear of police raids.
“Each time there is a raid, I grab my baby and run. Some of us have to spend the night in the jungle to escape the authorities.”

French soccer stars questioned over prostitution ring

French star Franck Ribery was questioned Tuesday in connection with an alleged underage prostitution ring.

Paris, France (CNN) -- Two members of the French national soccer team, Franck Ribery and Karim Benzema, were being questioned by French police Tuesday in connection with an alleged underage prostitution ring, French police said.

Ribery, who also plays for German team Bayern Munich, and Benzema, who plays for Spanish side Real Madrid, were being questioned by a police brigade that specializes in surveillance of prostitution.

The case emerged earlier this year after police raided a night club near the Champs Elysees in Paris and detained 18 girls on suspicion of prostitution.

One of the girls, Zahia Dehar, appeared on the cover of Paris Match in April and told the magazine she had sexual relations with several players on the national team, including Ribery, whom she had met at the club. She said in the interview she hadn't told them she was younger than 18 at the time.

In an initial court hearing on the case, Ribery admitted he had sex with Dehar but insisted he did not know she was a minor. Benzema has made no public comment.

Neither of the players spoke to reporters Tuesday. A lawyer for Ribery said outside the police station where the players were questioned that her client had done nothing wrong, and that he would have had to have known the girl's real age in order for it to be an intentional offense.

The questioning adds to a disastrous summer for the French national squad, which crashed out of the World Cup in the first round following two draws and a defeat that left them at the bottom of their group of teams. It was an embarrassing exit for the team that had reached the final of the last World Cup, in 2006.

Forward Nicolas Anelka was sent home from the tournament after an argument with coach Raymond Domenech, causing the rest of the French players to refuse to show up for training.

French team director Jean-Louis Valentin publicly announced his resignation to the media, and team captain Patrice Evra -- who had publicly argued with the team's fitness coach during training -- was omitted from the team's match with South Africa.

Once the team arrived back in France, striker Thierry Henry spoke to French President Nicolas Sarkozy, and French lawmakers grilled outgoing coach Domenech about the events.

Syariah lawyers want heavier penalties for Islamic offences

KUALA LUMPUR, July 21 — The Malaysian Syariah Lawyers Association (PGSM) urged the government today to impose heavier penalties for Islamic offences and to standardise religious criminal laws in all states.

Its deputy president Musa Awang also claimed that the existing laws which provide for maximum imprisonment for three years, fine of RM5,000 and six strokes of the cane, had failed to deter Syariah offenders.

He said that the “3:5:6 formula” stipulated by the Syariah Courts Act 1984 was too light and outdated.

“It has been 20 years since the Syariah Courts Act 1984 was amended which has encouraged a lot of people to take the easy way out by pleading guilty, because the punishment is not as severe as the civil courts,” Musa told The Malaysian Insider.

“For offenders RM5,000 in 2010 is nothing because they can come up with the money in one day,” he added.

Musa said that amendments were necessary to protect the image of the Syariah courts.

“From a maximum fine of RM5,000, maybe it should be increased to RM20,000 or more. In Islam, gambling, adultery and consuming alcohol are considered major sins, but RM5,000 is too low,” he said.

Musa also wanted the punishment to be standardised in all states.

“For example in Selangor, if convicted for consumption of alcohol the punishment is fine and imprisonment, but in Pahang the punishment is fine, imprisonment or caning,” he said.

“The same with gambling, there are different punishments in Selangor and in other states. Same offence but different punishment,” said Musa.

He added that the different punishments could cause confusion.

“When different punishments are meted out, society will not respect the courts. We do not want this to happen,” said Musa.

“Is Selangor’s Islam different from the one in Pahang? Or is Islam in Pahang more extreme as it provides for caning for Syariah offenders? So there is a need for uniform laws so as to protect the image of the judiciary,” he added.

Policemen keeping watch on PKR headquarters

FMT ALERT PETALING JAYA: About 30 policemen have arrived outside the headquarters of PKR at Tropicana Damansara here this morning. They are keeping watch on the building, apparently awaiting for the arrival of PKR supreme council member Badrul Hisham Shaharin, popularly known as Chegu Bard.

Najib set to 'charm' Sarawak's Orang Ulu

By Pushparani Thilaganathan - Free Malaysia Today

MIRI: Riding on 64.1% popularity high in Sarawak, Barisan Nasional chairman Najib Tun Razak is set to head straight for the state’s deepest interiors tomorrow to “see for himself the real situation” among the Penan, Kelabit, Kenyah, Kayan, Saban, Berawan and Lakiput communities.
Najib is keeping his word. He had once told Sarawakians that he wanted a first-hand look at the state’s remotest areas, accessible only by boat, helicopters or trekking.

This will be only the second time since independence that a prime minister has ventured into the interiors of this vast landlocked state sliced by the mighty Rajang river.

The last visit was when former prime minister Dr Mahathir Mohamad visited Long Bedian in 2003.

Excitement is high among the simplistic Orang Ulu sub-ethnic communities as they await Najib’s arrival to launch a bridge in Long Banga in Ulu Baram, which is an eight-hour drive from here along a dirt road.

Ulu Baram is home to the Orang Ulu comprising the Penan, Kelabit, Kenyah, Kayan, Saban, Berawan and Lakiput. Together with downriver tribes, Lun Bawang and Lun Dayeh, they make up 5.5 % of Sarawak’s population, a voter base that state BN officials have touted as unreacheable to the opposition. (The recent Merderka Centre Survey polled 11.2% support for the opposition Sarawak, but political analyst Faizal Hazri notes that Pakatan Rakyat will need 20% swing in votes to take Sarawak.)

According to Telang Usan assemblyman, Lihan Jok, the Orang Ulu are a minority community long since left behind by progress.

The prime minister’s visit, he said, will give them a chance at experiencing development.

“I believe this historic visit by Najib to Ulu Baram will pay off. He can see for himself their needs and explain many things to them.

“We are a minority community that has long been left behind by progress and development because we live in the far interiors of the rainforest,” Jok said.

The wish list

Reiterating his confidence in the imminent change which Najib will bring, Jok said he had forwarded the people’s wish list to the Prime Minister’s Department during his recent visit to Putrajaya.

“We’ve asked for development that will directly benefit each community’s quality of life and I believe the government will implement these plans for the Orang Ulu,” said Jok.

He said all the Orang Ulu sub-communities will be given a fair share of the development plan.

“For the Kelabit who live in the highlands, we have asked for roads and a bridge linking them to Miri city.

‘For the Penan, we have asked for clinics. The Penan community needs better healthcare and clinics that are closer to their settlements.

“For the Kenyah in Telang Usan, we have focused on economic development such as mini rubber estates for them to improve on their income.

“For the Kayan in Ulu Baram Tengah, we have also asked for a road and a bridge linking them to the outside world.

“And for the Berawan and Lakiput communities, they live in the low-lying areas and face regular water problems so we have asked for clean water to be supplied for their daily use,” said Jok.

While Jok has put forth the infrastructural needs of the Orang Ulu community, another group is fervently hoping to convince Najib to save its women and children from an endemic scrounge.

Said a source close to the Penan Support Group (PSG): “We know the visits into the Sarawak interior is time consuming but since he (Najib) is here in Baram, we sincerely hope that he will meet with groups like us.

“We want to tell him the real issues… that the Penan children are vulnerable. They are prone to rape and sexual exploitation because they are dependent on the logging companies for transport to schools... There are no schools near their settlements.

‘The fact is, he is the only one who can put a stop to this wide-ranging endemic exploitation.”

The PSG incidentally has rankled both state and federal governments with its recent report entitled “A wider context of sexual exploitation of Penan women and girls in Middle and Ulu Baram, Sarawak,” which contains intimate details and first-hand interviews of the scrounge in the interiors.

"Many BN leaders have slammed us. They find these confessions embarrasing and say the Penan are lying. But the report is factual and far more real than police reports and professed government action," said the source.

Coming soon: Malay sequel to Kg Buah Pala

By Athi Shankar - Free Malaysia Today

GEORGE TOWN: Umno is planning to turn the Kampung Pokok Asam re-development project into another Kampung Buah Pala fiasco, should one read between the lines of an Umno leader's comments on the issue.
Teluk Bahang assemblyman Dr Hilmi Yahaya demanded that the state government work out compensation for the affected Malay residents of Kampung Pokok Asam on the same quantum formula tabled for Kampung Buah Pala's Indian residents.

He said the compensation offered to residents of the now demolished Kampung Buah Pala was the highest ever given in the state.

Since 24 Kampung Buah Pala residents were offered RM500,000 double-storey houses each, Hilmi said it is only fair that the 23 families affected by the new township project in Kampung Pokok Asam receive the same compensation.

“The state government should broker a similar compensation based on the precedent set in the Kampung Buah Pala project,” insisted the Penang Barisan Nasional secretary.

Although the fundamental dynamics between Kampung Buah Bala and Kampung Pokok Asam are different, Umno is bent on capitalising on the issue, which is set to be another thorn for the DAP-led state government.

What Hilmi failed to disclose is that unlike the residents of Kampung Buah Pala, Kampung Pokok Asam residents have been squatting on the developer's land for years without rent.

In the case of Kampung Buah Pala residents, they were staying for more than two centuries on what they claimed was trust land given to their forefathers by colonial estate owners – the Brown family.

At the height of the fiasco, all ex-Kampung Buah Pala residents, minus nine, were verbally offered a double-storey house each in the same area by Chief Minister Lim Guan Eng's administration.

But the ex-villagers are still in the dark over this as the offer was not documented in black and white.

Kampung Pokok Asam has been gazetted for a mega project, comprising flat units, luxury houses and shophouse lots, to be developed by Nova Mulia Development Sdn Bhd.

Even though the developer owns the three-acre land and has a court eviction order, Nova Mulia has nonetheless offered the residents between RM75,000 and RM120,000 in compensation.

'Don't use them as political pawns'

Last week, PAS state deputy commissioner Mujahid Yusuf Rawa cautioned Umno against using the villagers as “pawns” for the party's political interests.

“The developer owns the entire project site. We can only hope for the company’s goodwill in accepting our proposal for preserving the village as a Malay heritage site and to look into post-development resettlement for the villagers,” he said.

Mujahid Yusuf defended the state government's decision to approve the project plan given that it was already in the pipeline of gazetted projects during the previous Barisan Nasional administration.

He said Umno was merely trying to stir Malay sentiments against the Pakatan Rakyat government by spreading misinformation about the issue.

However, Umno state secretary and state opposition leader Azhar Ibrahim disagreed.

While conceding that the project was initiated by BN, he also pointed out that the previous state government inserted a clause demanding that the developer resolve the compensation issue before the project can be approved.

He accused the current government of ignoring the clause when approving the project.

“Pakatan is now pretending to protect the villagers’ interests when it should have done so prior to approving the project,” he said.

Twist in BN's land promise for Tamil school

By G Vinod and B Nantha Kumar

FMT EXCLUSIVE LUKUT: A Tamil school, which operates from a double-storey rented shoplot here, was promised land by Barisan Nasional during the Bagan Pinang by-election last year.
But the story has now taken a twist.

A member of SRJK (T) Sungai Salak's Parent-Teacher Association (PTA) said despite the initial promise of six acres, a new school building is now being constructed on a three-acre site.

“During that time (the by-election), another Tamil school SRJK (T) Kem Askar Melayu was awarded a plot of land worth RM1.8 million to build its own school.

“But for some reason it did not want to move. So we urged the state government to give the land to our school,” explained the parent, who wished to remain anonymous.

According to him, a pro-government group called MyNadi had helped them secure the land during the by-election period.

“We actually spoke to Prime Minister Najib Tun Razak's aide then and the matter was later raised with the PM and we received the land,” he said.

The parent added that the six-acre plot was allocated on condition that both Sungai Salak and Kem Askar Melayu Tamil schools merge.

However, the latter opted not to merge and the Sungai Salak Indian community was delighted thinking that their school would get the land.

“But our hope was dashed. In September 2009, the Education Ministry sent a letter informing us that the school would have to share the land with the new District Education Department,” he said.

The Education Ministry also promised to find another three acres in the near future for the school.

“But our question is, why wasn’t the six-acre plot given to us when it was gazetted for two schools?” asked the parent, who hopes that the government would clear the air on this matter.

'Cannot become a fully-aided government school'

The parent pointed out that by erecting the school on a three-acre land, SRJK (T) Sungai Salak would not qualify to become a fully government-aided institution.

“The government's requirement is that a school must be built on a minimum of five acres in order to qualify to become 'sekolah kerajaan bantuan penuh' (fully-aided government school).

“Right now the new premises is being erected on a three-acre site. I don’t know if we still qualify to become a fully aided government school,” he said.

Currently, SRJK (T) Sungai Salak is supported by its PTA and donors. The school spends about RM1,400 a month for rentals and other expenses.

The school moved to the shoplot after it was “forced out” of another premises, which it shared with SRJK (T) Spring Hills.

“A local MIC leader pressured the Spring Hill school to force us out. So after five years, we moved to this shoplot. We did not get a single sen from the government. The parents and some donors spent almost RM80,000 to relocate the school,” said the parent.

The PTA member also expressed concern about the new location of the school.

“I am concerned for the safety of the children. It is being built in a relatively remote area covered with oil palm trees. You never know, some dangerous animals or unscrupulous people may prey on our children,” he said.

Is Syria Anti-Muslims?

By G. Krishnan

Following the French government’s effort to ban the niqab and burka in public premises, it must come as particularly surprising to many that Syria appears to be following in the footsteps of France (and Turkey) by restricting the use of the niqab.

Based on recent reports in the international media, it appears that “Syria has forbidden the country's students and teachers from wearing the niqab”.

The Syrian government, grounded in secularism, seems intent on keeping what it sees as “extremism” in check. Perhaps not so ironically, we have not heard much of an outcry against Syria from religious zealots and various misguided liberals, as we did when this issue in the French context first became widely publicised.

I am curious if the religious zealots and even pseudo-liberals will also jump on the case of the Syrian government and accuse it of being anti-Islamic. Perhaps the pseudo-liberals and religious extremists do believe that Syria, whose population is well over 85 percent Muslim, has a government that is anti-Muslim?

If I were a betting person, however, I would bet that we won’t find a hue and cry in the Islamic world about Syria’s recent action to ban the niqab and burka as we did when the topic happen to make the headlines in the case of France.

It is understandable that religious zealots would invariably have an issue with secular principles. However, it is deeply disappointing indeed when so-called liberals jump on the same bandwagon with religious bigots to condemn secular governments such as France when it seeks to elevate and preserve secularism.

It seems that pseudo-liberals have a problem when a secular country such as France seeks to preserve its identity as a secular nation, but become tongue-tied when predominantly Muslim countries such as Syria or Turkey act in a similar vein to affirm their commitment to secularism.

Too many liberals are quick to latch on to simplistic claims about xenophobia, anti-Islamism, and such without appreciating the more subtle and nuanced elements of such means to preserve the distinction between religion and a secular system of governance.

We’ve seen all too well what tends to happen when a secular government begins to indulge - and then over-indulges – religion, and especially self-professed religious experts.     

Despite all its flaws and shortcomings, hats off to the Syrian government – a member of the Organisation of Islamic Conference - for understanding the need to preserve religion in the private sphere.  

G. Krishnan

Who wants PAS-Umno unity?

By Gan Pei Ling | The Nut Graph,


For an Islamic state

“Jika Umno dan PAS bekerjasama banyak perkara boleh dilaksanakan termasuk hukum hudud berbanding tindakannya bekerjasama dengan DAP dan PKR (Parti Keadilan Rakyat) yang ternyata mempunyai dasar dan matlamat perjuangan yang berbeza.”

Lokman Nor Adam, who represented the Information, Communications and Culture Ministry’s special affairs department, commenting during an 11 July 2010 forum titled Can Malay Malaysians unite?. The former PKR member said it would be impossible for PAS to set up an Islamic state without cooperating with Umno to gain a two-thirds majority in Parliament. (Source: Malaysia mudah asal dasar Islam jika PAS, Umno bersatu, Utusan Malaysia, 11 July 2010)

For Muslim unity

“Semua pihak di dalam kedua-dua parti itu harus sedar bahawa kegagalan mereka menjalinkan kerjasama dalam isu-isu disepakati akan terus melemahkan kedudukan umat Islam di negara ini.”

Malaysian Muslim Youth Movement (Abim) president Razak Idris, suggesting the establishment of a special committee for Umno-PAS cooperation. He said both parties should set aside old grudges and work together to unite Muslims.
Following Lokman and Razak’s statements, Utusan Malaysia got both PAS spiritual leader Datuk Nik Abdul Aziz Nik Mat and Umno deputy president Tan Sri Muhyiddin Yassin to comment on the idea. Both were quoted as saying they were open to cooperation between both parties. (Source: Wujudkan jawatankuasa khas, Utusan Malaysia, 12 July 2010)

For Malay Malaysian unity

”Kalau kita terus berpecah-belah, kita akan terima kekalahan (pada PRU-13), itu sahaja. Dan akan berlaku satu bentuk penjajahan baru.”

Perak mufti Tan Sri Harussani Zakaria, claiming that Malay Malaysians would lose power in the next general election if Umno and PAS still refused to unite. He went on to claim that leaders from both parties had consulted him about unity between both parties. (Source: Melayu hilang kuasa pada PRU-13?, Utusan Malaysia, 17 July 2010)

Umno: We can talk

“I do not want to make any more statements because the Umno deputy president (Muhyiddin) has already issued a statement … I just want to say that Umno is itself strong, and it is not that we are too weak that we have to forge a new friendship with PAS.”

Umno president Datuk Seri Najib Razak, commenting on the issue of cooperation between Umno and PAS.
On 13 July, Muhyiddin said Umno was open to working together with PAS on economic and cultural issues apart from “building unity for the good of the ummah and country”. He added that non-Muslims should not feel threatened by these talks.
On 18 July, Najib said PAS should stop criticising Umno and imposing preconditions if the party was serious in wanting to hold talks with Umno on Malay Malaysian unity. (Source: Umno not too weak as to forge new friendship with PAS – Najib, Bernama, 14 July 2010)

PAS: Not a chance

“PAS is not open to any discussions with Umno. The issue is closed. We are with Pakatan Rakyat and that’s final.”

Nik Aziz, commenting on certain parties’ attempts to revive unity talks between Umno and PAS. Bernama also reported on 16 July that the Kelantan menteri besar was only willing to meet Muhyiddin to discuss cooperation between the state and federal governments, especially on the issue of oil royalty.
PAS vice-presidents Salahuddin Ayub and Mahfuz Omar also refuted Harussani’s claim that PAS leaders had approached the Perak mufti to help mediate talks between Umno and PAS. Both said their party would not work with Umno. (Source: Embrace Islamic policies first, Nik Aziz tells Umno, Free Malaysia Today, 16 July 2010)

A gross violation of the civil service code

By Thomas Lee Seng Hock | Mysinchew

The current spat between Penang Chief Minister Lim Guan Eng and the state development officer Nik Ali Mat Yunus highlights a fundamental flaw in the Malaysian civil service.

In the democratic system of government, of which Malaysia professes to practise, the civil service is a politically non-partisan and neutral body, with all its officers supposed to function and operate impartially in the implementations of the policies, programmes, and projects of the elected government.

Article 132 of the Federal Constitution states that federal civil servants hold office at the pleasure of the Yang di-Pertuan Agong, and state civil servants at the pleasure of the respective Sultan. Which means that the civil servants are not beholden to any political party but to His Majesty’s government of the day. His Majestic is above politics, and so must all those civil servants appointed under his royal command and name.

As is supposed to be the practice, a change in the government after a general election is not supposed to affect the administration and public service of the nation or a state as the civil service’s loyalty is absolutely with His Majesty’s elected government of the day.

The fundamental flaw in Malaysia is that civil servants think they are officers of the Barisan Nasional, specifically Umno, and even with a change of government at the state level, they operate as if Umno is the authority and Umno leaders their bosses, taking orders only from Umno.

Such a dangerous attitude borders on sedition, as if it could be interpret to mean the civil servants are not serving His Majesty’s elected government, but taking order from those not authorised constitutionally to give them.

The very fact that Nik Ali participated at a press conference called by Umno and used it to launch an unwarranted and unjustified verbal attack on the chief minister is a gross violation of his status as a non-partisan and neutral civil servant.

The fundamental integrity and probity of the civil service have been desecrated by Nik Ali’s involvement in the political press conference initiated by an Umno state assembly member, something not to be taken lightly by the Cabinet and the Public Service Commission.

Nothing less than an appropriate disciplinary action should be taken against Nik Ali for such a serious case of lese majeste. And he should be made to apologise to His Majesty for exposing the civil service to ridicule and derision, and to the chief minister.

Guan Eng, and perhaps also the other Pakatan Rakyat state chief executives like Tan Sri Khalid Ibrahim of Selangor, has been facing a lot of difficulties in the running of the state government due to uncooperative civil servants whose loyalty is apparently to Umno.

In the Nik Ali case, Guan Eng has no choice but to publicly reprimand the federal officer for allegedly not being accountable and responsible for his mistakes which affect the well-being of the state.

“These officials get high pay and do nothing for the people and instead cost losses. We hope he can be more professional,” Guan Eng was quoted as saying by various newspapers.

Guan Eng has also claimed that Nik Ali tried to sabotage the state government openly and blatantly. On this allegation, the very fact that Nik Ali was at an Umno press conference with prepared media statements to lambaste the chief minister proves that Guan Eng is telling the truth.

Obviously, Nik Ali has failed as a senior civil servant to exercise his impartiality and neutrality when he allowed himself to be used by Umno to attack Guan Eng, calling the chief minister rude.

If the Najib administration truly professes to practise the “People first” concept, then justice must be done and seen to be done for the people of Penang, who elected Lim Guan Eng as their chief minister, by taking disciplinary action against the federal officer who violated the sacred principle of impartiality in the civil service.

That is the least Datuk Seri Najib Razak should do to show the people that he is a fair, just and righteous prime minister, worthy of their respect.