Forget the old road, develop the whole state

By Paul Raja
COMMENT Finally, Prime Minister Najib Tun Razak has to come down himself to announce the grant to implement the Beluru-Lapok road project in the Baram district in Sarawak.
The Baram district is easily bigger than any one of the small Malaysian states. But strangely, in terms of budget allocation, the money for it is trickling in once in a while.

It is not surprising that Najib made the announcement. Many years ago during previous elections, former works minister S Samy Vellu had also mouthed the same thing: he promised that the road would tar-sealed but until now nothing has moved.

The state leaders – ministers and YBs alike – have also made similar statements but they are short on action. The people have lost count of the number of announcements that have been made.

So it is not so amusing to hear oft-repeated promises again. Those promises are the same as the name of the road – “Lapok” (old in Malay).

With or without announcement, people no longer care. Why should they? All that they want to see is that the road is tar-sealed. An announcement does not interest them at all and neither does it excite them.

Instead, it works the opposite way. It makes people more angry. You know why? Because all these public statements are more often than not just empty promises.

People now have higher expectations. The Baram folk are not only crying for the Lapok road. They are also yearning for an comprehensive development for Baram in particular and Sarawak as a whole.

They want tar-sealed roads to all the villagers in Baram and the state. They want electricity, healthcare, clean water, telecommunications and Internet services, education and any other public services that can be found in Putrajaya.

Why should a prime minister come all the way to Sarawak to distribue only goodies? Goodies are only for little children.

NCR land issue again
Najib also unveiled a RM20 million allocation to conduct a survey of native customary rights (NCR) land. But we do not harbour much hope.

A few years ago, the federal government had announced a RM100-million budget to develop NCR land. People were really looking forward to it to promote native economic interests.

However, until today we have not heard what had happened to the RM100-million allocation. The NCR landowners who genuinely wanted to develop their NCR land to plant oil palm don’t seem to get much assistance.

So this is another empty promise. What is the meaning of the slogan: "People First, Performance Now”?

When Najib and his grand entourage went to Long Banga, they flew in aboard 10 helicopters.

Media reports said: “Najib leaves indelible mark in Long Banga.”

I couldn't agree more with this. If the prime minister leads by example, he should take a 4WD from Miri to Long Banga, which is accessible by logging treks from Lapok. Why use helicopter?

“
The Penans don't expect a miracle. They are as human as we are. They all expect what the other Sarawakians are entitled to.

Najib and his men should have taken the trouble to see for themselves how much hardship the people of Sarawak, particularly in the rural areas, have endured ever since Merdeka.

Najib missed this opportunity of seeing the people up close and rectifying the wrongs of past national leaders.

If he had taken the trouble to drive up the timber trek to the Baram River, he would have understood what the Baram folk are experiencing.

But now that is history. Yes, he did leave an indelible mark. But it is a mark that proves yet again that leaders only enjoy their power while the people continue to slog.

People were mesmerised to see a prime minister in the village. But what changes had taken place? Mahathir Mohamad and Abdullah Ahmad Badawi had been to several villages in Sarawak, and these villagers are still no better off than the ones that were never visited. It makes no difference.

The only indelible mark that Najib has left in Long Banga is the “temporary excitement” that comes along every time a leader comes a calling.

The Penan issue

Now that Najib had visited Long Banga, a village located within the Penan tribe heartland, what will he do for the Penans?

The Penans don't expect a miracle. They are as human as we are. They all expect what the other Sarawakians are entitled to.

As far as the community is concerned, if Najib’s visit to the Penan heartland still cannot resolve their pressing problems – like exploitation and allegations of rape of their womenhood – then they wouldn’t know where else to seek relief.

So Najib better deliver what the Penan community expects – justice.

As the prime minister, he can do so much. But how much will he do, we will see. Our Penan friends deserve some kind of decent attention.

---

Paul Raja is a human and native rights lawyer. He is also a state level PKR leader.

10th Malaysia Plan: Going forwards or backwards?

I have a trusty little crystal ball and gazing into it, this is what I see: Dominant state participation in the economy and little evidence of private sector-led growth.

The 10th Malaysia Plan has rolled out optimistic macroeconomic growth targets. Of its expenditure allocation, 55% or RM126.5 billion is allocated for the economic sector. The blueprint indicates a Malay-cum-Umno agenda that is largely protectionist with huge direct public investments – including through GLCs – in selected economic sectors.

Although the allocation earmarks a RM20 billion ‘facilitation fund’ to boost private sector investment, no clear strategy has been revealed to promote competition across and within sectors to revive private investment and market dynamism. Nor is there any indication that the Najib administration is keen to adopt internationally accepted standards for his economic reform.

One major question that must be asked is whether the 10th Plan has set realistic targets? It wants to raise per capita income to RM38,845 by year 2015. The figure last year was RM23,841. Is the projected growth rate of eight percent per annum credible to yield an income increase of a whopping RM15,000? And this to be achieved within a span of the next five years?

The Plan also predicts GDP growth rate of 6.0% as against 4.2% between 2006 and 2010; exports to expand by 10.1% as against 3.6% during the 9th Plan period; and private investment to grow at 12.8% versus 2.0% during the previous Plan.

Key Indicator	9th Malaysia Plan	10th Malaysia Plan
GDP	4.2% p.a.	To grow at 6% p.a.
GNI per capita	Expected increase to RM26,420 (USD8,526) in 2010	Expected to increase to RM38,845 (USD12,139) in 2015
Federal government budget expenditure	RM230 bn	RM230 bn
Private Investment Private Consumption	Growth of 2% p.a. Growth of 6% p.a.	To grow at 12.8% p.a. Expected to grow 7.7% p.a.
Public Investment Public Consumption	Growth of 6.2% p.a. Budget deficit: 5.05% of GDP	To grow at 5% p.a. Target: 2.8% 2015
Exports	Growth of 3.6% p.a.	To grow at 10.1% p.a.
Overall deficit of the federal government	To reduce to 5.3% of GDP in 2010.	To reduce to 2.8% in 2015.
Overall debt	RM405.1 billion or 52.9% of GDP.	To reduce to 49.9% in 2015

Readers might make their own predictions drawn from observation, analysis and logical inferences. Already in the public eye is the frequent whistle-blowing about exorbitant consultancy fees, commissions and bribes that plague our system of government.

Apart from visible corruption, less open to scrutiny are the suspect transactions involving unsecured loans, multiple directorships and interlocking shareholdings and nominee companies. This cleverly concealed set-up in effect enriches an overlapping elite, multi-racial membership. Their convergent interests are linked to the kinship, business and professional relationships of the powers-that-be.

Benefiting the select has caused much of state money and resources to go to least four identifiable distributional coalitions tied up with trusteeship of the NEP.

‘Distributional coalitions’ are small, powerful and influential groups, organized as cartels, seeking rewards through collusion, transaction costs and other forms of non-competitive bargains. Think Umno, MCA, MIC, PBB, other BN parties and the rest; the bureaucratic circles (PNB, GLICs, SDCs); and also the military top brass who are holders of Tan Sri and Datuk titles if not the religious coterie too. Think also of the professional elites that have jumped on the Crony Express.

An end result of the nice racket they have is a privatization process which prompts asset concentration, and ultimately the privatizing of gains and socializing of losses.

Barriers to growth

We’re told that to generate economic growth of six percent, the private sector has to take the lead in the key areas of private-public partnerships (PPP) and foreign direct investment.

However, what is clear is that the 2009 FDI is less than half of the annual average FDI inflow between 1995 and 2005. In 2008, we accounted for 15.5% of FDI flowing into South East Asia; in 2009 it was down to 3.7%.

Meanwhile, Malaysia recorded an outflow of local funds amounting to RM50 billion between 2007 and 2009. In fact, domestic-owned investment approvals fell to RM10.5 billion or a 37.1% decline from 2008.
 
The outflow of domestic investments appears to be a recent trend. This suggests that the country is unable to develop new industries or sustain existing ones to prevent local funds from leaving our shores. Also, it suggests a precipitous loss of confidence by local businesses in the economy and politics of the country.


Talk by the authorities about introducing merit-based and market-friendly approaches remains just that. Not only that, Prime Minister Najib Razak appears to have backpeddled on his earlier position on the New Economic Model.

He now says it was all a misunderstanding and he never proposed for the bumiputera equity target to be dropped. “I did not promise for the affirmative action to be abolished. I only said the affirmative action policy would be made market-friendly and based on merit, better than before,” he was quoted as clarifying after chairing a Barisan Nasional supreme council meeting.

Although Najib signaled a major policy shift, he does not see any conflict between the expectations he raised and the damp squib following pressure applied by the Malay ultras. “We must understand the presentation by NEAC was their report. The presentation in Parliament was the government’s position.”

A quick survey of the deficiencies preventing us from moving forward include the over-reliance on a cheap labour market that creates distortion and curtails productivity; the education sector failing to deliver required talent to the economy and such talent as we have insufficient in numbers to drive growth; and pervasive rent-seeking and patronage as well as perception of massive and widespread corruption; not to mention the outward migration of at least close to a million Malaysians as they lose hope in the system ever being reformed. The more things change, the more they remain the same.

It will take a lot to remedy the bloated and ineffective public sector that impedes investment; to alter the mindset of the short-sighted private sector and their silo business outlook, and reinvigorate the low income group (households earning under RM3,000) who are unable to realise their potential contribution.

Meeting key development challenges  

Global investment is focusing on larger scale markets, not small economies. Yet at the same time, for Malaysia to break-out of the middle income trap, the income of the lower class must increase. The country is thus alarmingly falling between two stools.

Both the rulers and the ruled realize that we cannot continue as we are and must act before our position deteriorates further … easier said than done.  
To bite the bullet means restoring market prices for goods and services to eventually improve economic efficiency. But this may initially raise consumer prices and the cost of doing business. Practices that promote fair and equal opportunity will inspire market confidence and create a competitive economy. But doing this will entail political repercussions affecting vested interest groups that have milked the system for many years.

Reducing dependence on foreign labour will encourage firms to move up the value chain or embrace automation. But those that cannot will go out of business. Flexible hiring and firing reduces entry and exit costs for start-ups while wage levels will better reflect skills. But the unions will object to the diminished job security. Greater decentralisation in decision-making will achieve speedier implementation and effectiveness. But this may require some delegation of authority.

The “Yes, but…” catch that bedevils us will stymie the tough decisions that have to be made.

There is intense competition in our new sources of growth, for example, medical tourism, ICT, and Islamic products and services. The strong position we used to have in commodities and manufacturing has been eroded. Mis-governance has allowed undervaluation of resources, the outcome of which is gross misallocations for grand government schemes. There is no political will to prevent misuse and abuse of public development funds.

However, it may be just whistling in the wind to urge fiscal prudence and cutting back on – say, defence spending – wasteful and white elephant projects as well as downsize the civil service. A call to dismantle quotas, preferences, approved permits (APs), closed tenders and other non-competitive procurement systems including margin of preference likewise seems to have largely fallen on deaf ears.

I see the 10th Malaysian Plan as merely a throwback to the other Plans. It is built on unsustainable targets, and outmoded and failed strategies. Subsidies for the rich will chug the gravy train of public-private partnerships, mega projects, and the extension of bumiputera policies to all other sectors.

The Plan will fail to mitigate the impact of rising prices and is unlikely to generate new opportunities for improvement of work and livelihood. Hence, the socio-economic condition of the bottom 40 percent of the population and middle class will likely worsen. This may provide tinder for racial and religious extremism rather than class-based concerns and solutions.

My crystal ball foretells that there will be need for a wholesale revision when the Plan is reviewed. But you do not need a fortune teller to tell you that the government must drop its Malay dominance and Malay unity line. All the races are in the same sinking boat, and must paddle together.



Note: Dr Lim Teck Ghee will be giving a public talk on NEM and the 10th Malaysia Plan tomorrow. For details, click here.

“Remove the politicians from education”

By Deborah Loh | The Nut Graph,


VARIOUS concerns about Malaysia’s education system emerged from the The Nut Graph‘s latest forum, Found in Conversation: Creativity and Innovation in Education. But they all centred on a key and not unfamiliar complaint: that education is too politicised.
Whether concerns were about the curriculum, the lack of critical thinking, obsession with scoring As, lack of sex education, or ill-equipped teachers, the forum panelists agreed that Malaysia’s education system is too highly centralised. Teaching and learning is rigidly top-down, from the Education Ministry to teachers, and from teachers to students. Decisions lie with politicians and not with other stakeholders like parents, they said.
“If there was one thing you could do to improve the way children are educated, what would it be?” was the question that kicked off the forum on 25 July 2010 in Kuala Lumpur. The panelists were 3R executive producer and social commentator Datin Paduka Marina Mahathir; educator and Five Arts Centre co-founder Datin Marion D’Cruz; and homeschool practitioner KV Soon. It was moderated by The Nut Graph editor Jacqueline Ann Surin.

From left: D'Cruz, Surin, Marina and Soon

Parents, not politicians; passion, not grades
Soon said parents were not involved enough in their children’s education under the public school system. The most the system required parents to do was to collect their children’s report cards. “Parents are locked out of schools. They should be brought in, and the politicians taken out,” said Soon, who runs the homeschoolers’ resource blog Learning Beyond Schooling.
When parents are not involved, and when a child’s learning is left to the system, the process of automation, or “education industrialisation”, as Soon called it, begins. “Schools provide only two events for students – exams and grades. They do not teach resourcefulness, or initiative, or the desire to learn. The saddest thing is to see a person with no desire to learn,” he said.
It’s what drives homeschool practitioners to pull their children out of the public education system so that they can be directly involved in the child’s learning according to the child’s interest and pace, Soon explained. Because such learning is not purely academic, the emphasis becomes less on avoiding mistakes and achieving grades, and more on passion and curiosity. “It doesn’t matter if the child changes interests, it’s more important to teach them passion,” Soon added.
Marina, however, questioned whether it was realistic to remove politicians from the education system. “What we should do is question them more,” she said.
D’Cruz said the government did not show clear understanding on what it would take to improve the quality of students. Merely increasing the number of graduate teachers, as the government planned to do, was insufficient, she said.
Democratising education
If the government would engage more stakeholders, including homeschoolers who are unrecognised by the Education Ministry, there could be transfer of creativity and ideas into the public education system, Soon said.

D'Cruz

D’Cruz said an education think-tank that was interdisciplinary, intercultural and interclass would be an ideal start to reforming the education system by getting the widest input possible.
She also raised some assumptions which she said would have to be challenged if the system was to be more creative and innovative. For one, teachers had to stop treating students like empty vessels into which they deposited information. “Learning is a two-way street,” she said, adding that she learnt from her students all the time.
Secondly, she noted that the divide between arts and science was artificial and detrimental to learning. “Students need to dance as well as do math,” said D’Cruz. “If they are not taught to question or be creative from young, they won’t be able to think by the time they reach university. I ask my university-level students to think and they look at me like I’m mad.”
Soon said the highly centralised management of schools resulted in social control, where teachers and students are told what and how to think, and what to do.

Soon

“We need to rethink how schools are managed. It’s students who now sometimes have more information than teachers, [so the top-down approach doesn't work].”
While democratising education might be better for children’s learning, there were questions from the floor as to what degree of centralised control was necessary. Women’s Aid Organisation (WAO) executive director Ivy Josiah, who used to be a teacher, asked if there should be control over alternative learning systems that might teach values contrary to the mainstream. An example that was cited was religious fundamentalism.
Another problem noted was the inability of vernacular school students to speak English or Bahasa Malaysia in university.
The panelists conceded that the solution was more complicated than the issue. D’Cruz suggested a combination of approaches and balance between a national and alternative syllabi, adding that subjects like Bahasa Malaysia and English were necessary.
Soon noted that the Education Ministry’s role in building human capital had to be redefined if education was to be decentralised. He added that as a start to addressing the issues arising from decentralising education, all stakeholders had to engage and understand one another’s position first.
Where have the good teachers gone?
Other questions from the floor were on teacher training and where good teachers were today.
D’Cruz said there were still many good teachers in the system who were struggling. “There are many fighting the system, but the system is like a huge cancer which eats teachers up over time,” she said.
Theatre practitioner and former teacher Anne James, who was in the audience, said the problem in teacher quality began with the type of people who get into the teacher training course or Diploma of Education. Not everyone training to be a teacher was passionate about teaching, and many considered it just another job to earn a living, she said. “You don’t get sieved to be a teacher, you get sieved just to get into the course.”
Other problems she said she faced while teaching were politics and conservatism. “Schools reflect the most conservative aspects of our society. We need to take political and religious approaches out of how we fashion education policies,” James said.
Sex education
The forum also broached the topic of sex education, which has yet to be implemented as a separate topic in schools due to political conservatism.

Marina

Marina said educators and politicians were still debating over the need to teach sex education in schools when students themselves wanted it. She said the topic is being taught piecemeal through different subjects like physical education, moral or religious studies, and biology, but was not addressed realistically.
“Let’s assume kids are going to have sexual relationships. They see it on television all the time. How do we educate them about managing it?” said Marina, who is also former Malaysian Aids Council president.
That teachers were “shy” to talk about the subject was of concern because “they are parents, too, and it makes me wonder what or how they teach their own children,” Marina said. Educators have to learn that “there’s no such thing as a sensitive subject, only how you approach [the topic],” she added.
D’Cruz said many teachers were simply ill-equipped to handle the subject. “I knew of schoolgirls who would sit and grope each other in full view of teachers passing by to attract their attention so they could have someone to talk to about sex. But their teachers just walked past and ignored them.”
She also spoke about other instances where she felt teachers did not know how to handle disciplinary issues, such as when they locked up students who were late to school. “Teachers need to create safe spaces for students to talk about things that are troubling them,” D’Cruz said.

Guan Eng-SDO spat a test of civil service impartiality

Malaysian Insider

GEORGE TOWN, July 26 – Lim Guan Eng and state development officer (SDO) Nik Ali Nik Yunus’s running feud highlights widespread misunderstanding over the different roles of the civil service and political parties, political analysts said today.

Universiti Malaya Law Faculty associate professor Azmi Sharom and political analyst Wong Chin Huat backed the Penang chief minister’s criticism against Nik Ali, despite the stout defence of the federal employee put up by Chief Secretary Tan Sri Mohd Sidek Hassan.

They were of the opinion that the civil service needed to understand the distinction between political parties and government.

Azmi and Wong were commenting on the ongoing clash between Lim (pic) and Nik Ali which had escalated following a recent outburst by the federal civil servant, who said Lim had lowered his own status of a chief minister by criticising a SDO.

The chief secretary and Barisan Nasional (BN) politicians had taken Nik Ali’s side and took Lim to task for castigating the SDO.

The DAP, had in return, called Nik Ali an “Umno tool” employed by the federal government to oust the Pakatan Rakyat (PR) state government.

UM’s Azmi pointed out that the duty of the civil service was to serve the government.

“The civil service should not have any loyalty to the party,” he told The Malaysian Insider.

However, he observed that the civil service lacked the culture of distinguishing party and government.

“We now have four new state governments, and perhaps the civil service does not understand the choice of the people,” he said.

“Barisan [Nasional] ministers talk as if [the] civil service must be loyal to them; the executive does not seem to understand the system and politicise the issue for their own political mileage” he said.

Political analyst Wong said “the civil service must serve the government of the day”.

“It’s called administration neutrality,” he said, adding that ultimately the public were the bosses of the civil service.

Wong also agreed with Lim’s open criticism against Nik Ali. He said that it was Lim’s duty to let people know the truth and that he has done his part.

“Look at Nik Ali’s response. He would have been sacked a long time back if he had been in the private sector,” he added.
Wong said that if Nik Ali was going to stay on as SDO, BN “can forget about winning Penang in the coming general election”.

“If I am [Prime Minister Datuk Seri] Najib [Razak], I would do damage control immediately,” he said.

“You can talk about bureaucratic reforms but when someone (from the civil service) shouts at an elected government, the reform is gone,” he added.

Professor Shamsul Amri Baharuddin, a political analyst with Universiti Kebangsaan Malaysia, said the clash between Lim and Nik Ali was just “tension between federal and state government”.

“Delays in getting federal funding are common. Guan Eng has run out tricks to get to the federal government,” he said.

“He cannot accuse politicians. But accusing a civil servant is seen as nothing,” he added.

Inspector Among 24 Negeri Sembilan Policemen Who Faced Disciplinary Action

SEREMBAN, July 27 (Bernama) -- An Inspector was among 24 policemen who faced disciplinary action for various offences over the past six months in Negeri Sembilan.

Negeri Sembilan police chief Datuk Osman Salleh said for the same period last year, disciplinary action was taken against three officers and 13 lower ranked police personnel.

"Disciplinary action was taken against them for various offences, including not reporting for duty, drug addiction, visiting prohibited entertainment outlets and discipline," he told reporters after a monthly gathering at the Negeri Sembilan police headquarters here Tuesday.

He added that the activities of policemen was always being monitored while advise and reminders were also given to them on the need to maintain their discipline and work ethics when on duty.

Osman who presented appreciation certificates to 51 policeman and members of the public, said crime rate in Negeri Sembilan had dropped from 4,091 to 3,305 in the first six months.

Abolish ISA, don't amend it

KUALA LUMPUR (July 26, 2010): It will be 50 years since the Internal Security Act (ISA) was introduced on Aug 1, and to mark the anniversary, two organisations – the Movement to Abolish the ISA (GMI) and the Malaysian Bar Council – are once again calling for the Act to be scrapped.

GMI also has plans to hold candlelight vigils around the country on that date as a way of raising awareness about the law and getting public support to get it repealed instead of amending it as proposed by the Home Ministry, said the movement's chairman Syed Ibrahim Syed Noh at a press conference today.

GMI would be seeking to work with the Selangor government and will approach Selangor Mentri Besar Tan Sri Khalid Ibrahim to seek permission to put up billboards and banners on the ISA, he said.

The movement also plans to launch a leaflet campaign on Aug 1, with over 100,000 leaflets set to be distributed nationwide, with 30,000 to be distributed in the Klang Valley to educate Malaysians on the "controversial and cruel" Act.

"In the past, we had been told that the ISA was to be used on communists, but it has been used on those who criticise government policy. The grounds of arrest have been tremendously expanded," said Syed Ibrahim. He said there are enough existing laws to cover crimes without the ISA.

GMI is also calling for all preventive detention Acts, including the Emergency Ordinance 1969, Restricted Residence Act 1933 and Dangerous Drugs (Special Preventive Measures Act) 1985, to be repealed immediately.

Meanwhile, at another press conference, Bar Council president Ragunath Kesavan said they had sent a memorandum to the Home Ministry on July 19, also to call for the ISA and other preventive detention Acts to be abolished.

"The memorandum draws attention to the archaic nature of these laws. It highlights how laws that allow for detention without trial offend the fundamental principles of human rights provided for within the Universal Declaration of Human Rights 1948 and subsequent international conventions," said Ragunath.

The Bar Council also raised similar points to GMI in their memorandum concerning existing laws which provided law enforcement agencies with "sufficient powers" to curb crimes without having to resort to the ISA.

Bar Council human rights committee chairperson Andrew Khoo, who was also at the press conference, said Malaysia was recently visited by the UN's Working Group on Arbitrary Detention from June 7-18 who recommended that our preventive laws be repealed or amended to conform with Article 10 of the Universal Declaration of Human Rights.

"Access to the courts has been removed except for very minor procedural matters, it (the ISA) has been made harder to challenge," he added. -- theSun

Khmer Rouger survivors angry over Duch jail sentence

Phnom Penh, Cambodia (CNN) -- A man who ran a notorious Cambodian torture prison where more than 14,000 people died during the Khmer Rouge regime was found guilty of war crimes Monday and sentenced to 35 years in prison.

Despite the sentence, Kaing Guek Eav, alias Duch, will serve no more than 19 years. The judge took off five years for the time Duch was illegally detained before the United Nations-backed tribunal was established, and another 11 years for the time he has already served behind bars.

The verdict -- which also convicted Duch of crimes against humanity, murder and torture -- sparked strong reactions as word spread outside the courtroom. Some said it made them lose faith in the war crimes tribunal.

"It's becoming a sham," said Cambodian-American Theary Seng, chairwoman of the Center for Justice and Reconciliation.

Seng, who said the Khmer Rouge killed both of her parents, described Monday's verdict as "scandalous."

"It's an insult to the survivors. Effectively, he should have been receiving many life sentences. It makes light of the crime and suffering," she said.

Duch, 67, was the head of the S-21 prison. Few people brought to the prison made it out alive; only about a dozen were found by the Vietnamese, who invaded Cambodia in 1979.

One of the survivors, Bou Meng, said that the verdict made him so angry that he was sweating in the air-conditioned courtroom as he listened to the judge's words.

"I underwent brutal torture. Although Duch did not hit me himself, he ordered his men to hit me in front of him. This hurt me. The verdict seems to slap me in the face and kick me in the head," he said.

Prosecutors had asked for a 40-year sentence. On Monday they said they were studying the ruling to decide whether to appeal. Duch's attorney, Kar Savuth, could not be reached for comment.

The judge, in announcing Duch's sentence, said he took into consideration that the defendant had expressed remorse, admitted responsibility and cooperated with the court. The judge also took into account the "coercive environment" of the Khmer Rouge, he said

Duch pleaded guilty, but said he was only following orders and asked for forgiveness. Last November, he asked to be freed after spending some 11 years in detention.

In the last week of the trial, he argued that international law did not apply to him because he was following orders.

When the verdict was read, spectators in the packed courtroom turned to each other and discussed in hushed tones the significance of the sentence.

"Thirty-five years. You can't return the lives of the people that were lost. But it's a start," said Collin Sam, 22, a Cambodian-American from Long Beach, California, who lost all her family members on her father's side during the regime.

Outside the courtroom, hundreds of Cambodians gathered for the verdict and millions more watched as it was televised live.

"Today is a historic, important day for the people of Cambodia," said Reach Sambath, the spokesman for the court.

The tribunal began its work in 2007 after a decade of on-and-off negotiations between the United Nations and Cambodia over the structure and functioning of the court. Monday's verdict was the court's first.

Ing Chheng, 71, who had five brothers killed by the Khmer Rouge, said he wanted to throw a stone at Duch when he saw him in court.

"I have been suffering for years," he said, noting that Monday's verdict "releases some suffering, but all will be released when the second case [against senior Khmer Rouge leaders] begins."

At least 1.7 million people -- nearly a quarter of Cambodia's population -- died under the 1975-1979 Khmer Rouge regime from execution, disease, starvation and overwork, according to the Documentation Center of Cambodia.

Another four of the ultra-Maoist regime's former leaders are waiting to see if they will stand trial before the U.N.-backed tribunal for war crimes and crimes against humanity.

Youk Chhang, director of the documentation center, said the verdict may not suit everyone, but said it was clear that Duch "will never be a free man again."

He said he thought Cambodians would be able to turn over a new leaf.

"This is what we have, and then we must move [on]. We have our own identity now, our own family, our own society now. We have to build it, make it strong, to prevent [the past] from happening" again, he said.

Endless misery of Bkt Jalil Estate

While Selangor Menteri Besar Tan Sri Khalid Ibrahim offers better plans for the Malay muslim Kg.Baru
settlers, what plans does he have for the poor Indian former plantation workers of Ladang Bkt.Jalil which is in his Parliamentary
constituency Bandar Tun Razak?
S.JAYATHAS

"I was born here and worked all my life in this estate, now they want ask us to leave with RM6000 and a low cost flat, they want to demolish our temple, they want to relocate our Tamil school to a religious school but at the same time they promise to negotiate and look at our miseries and plights" That are the words from the workers and former workers of Ladang Bukit Jalil, they are willing to co-operate with the government if at a fair compensation is offered. The MP for Bandar Tun Razak is non other than the Chief Minister of Selangor, Khalid Ibrahim. CJ Arvind Raj had the opportunity to witness several digital photographs of documents which stated that the Lot No.45584 as "TDK" and not "STATE LAND"
Video by Citizen Journalist, Arvind Raj

Unsavoury language, sex romps rule as Tamil papers go to war

KUALA LUMPUR: When the former Prime Minister of Australia Paul Keating visited businessman-politician Vell Paari’s multi-utility vehicles manufacturing plant in Perth, the latter was momentarily stunned.

Vell Paari, the son of MIC president Datuk Seri S. Samy Vellu, had expected a tough-talking Keating whom he had seen over television, spewing fiery speeches during debates in Parliament.


Instead, there stood in front of him a soothing, soft Keating. Baffled, he asked the soft Keating whether the hard Keating had gone AWOL.

Keating responded: “Politics is like going into a dog’s den. If you are not ready to behave like a mad dog, get ready to be mauled.”

That sums up Vell Paari’s reasoning for his Tamil Nesan newspaper going to "war" with its rival daily Makkal Osai in what has over the past few weeks seen both parties piling scorn and accusations on one another.

Makkal Osai’s defence, according to its editor M. Rajenthiram: “They started it. They defamed and threatened us and even when we used decent ways such as seeking legal redress to end this, they never relented.”

It’s yet another chapter in the long-running battle between Samy Vellu, whose family owns Tamil Nesan, and his arch rival Datuk S. Subramaniam, who is linked to Makkal Osai.

This time, however, everything imaginable from alleged sex romps, lurid details of personal lives, unsavoury language and ruthless name-calling are seeing print. It appears that there are no laws on defamation.

What used to be covert has suddenly become overt. What used to be unimaginable to Malaysian culture and media is taking centrestage in both newspapers.

Readers, academicians and social activists call the war of words between the two politically-aligned dailies “repulsive, repugnant and intolerable in any form”.

Tamil language expert Dr M. Balachandran summed up the spat in a nutshell: “What is appearing on their pages is insulting to the readers and ludicrous. The papers are firmly in gutter territory and we are sick of these yarns.”

Balachandran noted that during the recent MIC annual general assembly, Prime Minister Datuk Seri Najib Razak had taken a swipe at the Tamil dailies which he said were being used to further the political mileage of certain leaders. Najib had said that by doing so, the dailies failed to realise they were destroying their own community by dividing it.

The newspapers, Najib said, should help change the mindset of the Indian community and unite them “but this is not happening”.

Indeed, it isn’t because the editors of Tamil Nesan and Makkal Osai are on the warpath.

Spearheading the Tamil Nesan onslaught is A. Veerasamy, better known as Tamil Mani, while in the other corner is Makkal Osai editor, Rajenthiram. Ironically, Tamil Mani, once a trenchant critic of Samy Vellu, is known as the journalist to have written more articles for various newspapers and magazines degrading, insulting and slandering Samy Vellu and his family on every aspect of their lives.

On April 1, he joined Tamil Nesan and became their hitman. No surprise then, that he has been more venomous in his articles than Rajenthiram in the current spat. It was he who started the row by taking potshots at Subramaniam. He went on a spree, writing 19 articles over three weeks, and dissected every aspect of the lives of Subramaniam and his friends with the wild excitement of a schoolboy given a scalpel and let loose on a dead mouse in Year Six science.

He further pilloried the editors, general manager, reporters and a subeditor of Makkal Osai. He went to the extent of naming the sub-editor and threatened to make public sexually explicit photographs of him.

These were all accompanied by language unseen in the 96-year-old Tamil Nesan, the oldest Tamil paper in the country.

Makkal Osai retorted by re-producing four anti-Samy Vellu articles written by Tamil Mani before he joined Tamil Nesan. These contained language that never saw print in the paper.

Rajenthiram explained the reason for re-producing the articles: “He was an incorrigible critic of Samy Vellu and his family then and we wanted to inform our readers that this is the same man who once championed the lead to get rid of Samy Vellu.

“And now, he is threatening us (Makkal Osai) not to write anything about the MIC or its president or face his wrath.”

He said the four articles related to Samy Vellu’s leadership, shortcomings in the MIC Youth and alleged wrongdoings in AIMST University and the party’s education arm, MIED.

Rajenthiram said his last say on the running battle with Tamil Mani was yesterday when he wrote that his paper would not be cowed by any threats from Tamil Nesan and would continue to expose wrongdoings that affected the Indian community.

Tamil Mani had a day earlier warned Makkal Osai that if they breached any of the eight conditions that he issued in his column, he would unleash his rage and let rip against his targets in a personal manner.

He had in the Friday edition gone to the extent of including a disclaimer at the end of his article, saying Tamil Nesan would not be responsible if anyone hanged themselves in shame over the issues exposed.

While Makkal Osai says it would resort to legal action to end the war, Tamil Mani, when contacted yesterday, said he would respond when he returns from out of town.

On the language used, both Vell Paari, the managing director of Tamil Nesan, and Rajenthiram said they regretted it. However, Vell Paari added: “Everbody is complaining now. Where were these people when they (Makkal Osai) used such language and made nasty remarks about the MIC and my family all these years.

“We have been keeping quiet all this while, but we decided that if this is the route they are taking, we will do the same.

“Who let the dogs out?. . .They did.”

Free Malaysians today, says Bar Council

By Ken Vin Lek - Free Malaysia Today
KUALA LUMPUR: Fifty years of the Internal Security Act is “more than enough”, the Bar Council has told the government in a memorandum that follows up on its consultation with the Home Ministry.
The memorandum, submitted a week ago, calls for the repeal of the ISA and other draconian laws. It nearly coincides with the 50th anniversary of the controversial law, which came into force in August 1960.
It points out, among other abuses, the use of the ISA to silence dissenters and persecute political opponents. As a result, it adds, Malaysians no longer trust the government to apply it responsibly.
"Fifty years of living under ISA is more than enough. The time to free Malaysians from such unjust and unfair laws is now," the council’s president, Ragunath Kesevan, said in a statement.
The memorandum also calls for the abolition of the Restricted Residence Act, the Prevention of Crime Act and the Banishment Act, all of which, like the ISA, allow for detention without trial.
"The Bar Council's memorandum draws attention to the archaic nature of these laws,” Ragunath said.
"Such laws offend the fundamental principles of human rights provided for within the Universal Declaration of Human Rights 1948 and subsequent international conventions."
The memorandum compares the Malaysian laws unfavourably with recently enacted and controversial anti-terrorism legislation in the United States, Canada, Britain and Australia. (See Table).

It says those countries have ensured that their laws give “comprehensive protection of the security of their nations without foregoing safeguards to individual liberties and protection of basic human rights, unlike the laws in Malaysia”.
It says Malaysia's recent appointment to the United Nations Human Rights Council (UNHCR) makes it “even more essential” for the government to observe basic human rights standards.
"This can only be achieved by removing all laws contravening basic human rights principles such as the ISA and other legislation that provide for detention without trial and restrictions in the free movement of peoples within our borders."

'Information War' erupting in Selangor

An ‘information war’ is soon going to erupt in Selangor, a state run by Pakatan Rakyat. But while Pakatan Rakyat is going to ensure that the people are ‘better informed’, Umno is using the Selangor Sultan to brainwash the members of the Royal Family and the Malays into believing that the Malays have lost political power and that the Chinese have now taken over the country.

NO HOLDS BARRED

Raja Petra Kamarudin

WHAT PAKATAN RAKYAT IS PLANNING

RM15mil for 'information war' in Selangor

The Selangor government has allocated RM15 million to enhance the delivery of information in the state, to counter 'BN propaganda and biased news coverage' by the print and electronic media.

"If we consider the population of 5.2 million in Selangor, this amount is equal to RM3 from every person," revealed Selangor Menteri Besar Khalid Ibrahim this morning when opening the 2010 stage budget dialogue.

He said the move is intended to provide people in Selangor with information that will enable them to make wise decisions.

The fund will be used to spread information through the state-owned media including TVSelangor, the Selangor Kini portal and Selangor Kini newspaper.

"We will explore the potential of creating Radio Selangor to expand the spread of information," he said.

Khalid said he had consulted the state treasury which had agreed that the allocation is acceptable based on its importance.

Some 300 state government officers and representatives of GLCs and NGOs are attending the dialogue alongside parliamentarians and state assemblypersons.

Khalid claimed that news reports on the state government have not been balanced.

"What we (read about) is always action to smear the state government. It is understood that this is a politically-motivated and partisan attempt to give the impression that Pakatan Rakyat doesn't have the ability to govern," he said.

He cited several examples to back his assertion that many in the state are not aware of assistance provided by the state government.

"Some have said the 20 cubic metres of free water (a month) is from the federal government."

Even worse, during Hulu Selangor by-election, there were people there who didn't know that the state government had changed (in March 2008). Some said (Muhammad) Muhammad Taib (right) is still the menteri besar."

Malaysiakini: http://www.malaysiakini.com/news/138310

WHAT UMNO IS PLANNING

Sarawak’s Chief Minister faces UK protesters over Penan

By Survival International,

Sarawak Chief Minister Taib Mahmud faced protests by supporters of the Penan in the UK today, while British MPs have written to him expressing concern over the newly documented cases of sexual abuse of Penan women.

Protestors from Survival International and other organizations greeted the Chief Minister in Oxford this morning, where he had travelled with cabinet colleagues to give the keynote speech at the Inaugural Oxford Global Islamic Branding and Marketing Forum. The protestors held placards reading ‘Penan tribe say NO to logging’ and ‘Malaysia: Stop destroying the Penan tribe’. The protest forced the Chief Minister to enter the building through a side entrance.

The chairman of the British parliament’s All Party Parliamentary Group for Tribal peoples, MP Martin Horwood, has written to Taib Mahmud on the occasion of the Chief Minister’s visit to the UK. ‘The Penan have frequently been subject to violence and intimidation at the hands of loggers operating on their land… Without recognition of their land rights, the Penan are struggling to provide for themselves, and are left vulnerable to violence and exploitation’.

Mr Horwood urged the Chief Minister to ‘halt logging and other developments on the Penan’s land without their free, prior and informed consent, according to international law’ and to ‘ensure that Penan women and girls are protected from sexual violence and the perpetrators of such abuse brought to justice’.

Download photos of the Oxford demonstration

Download a copy of the All Party Parliamentary Group’s letter to the Chief Minister

Is Selangor’s FOI bill good enough?

By Ding Jo-Ann | The Nut Graph

IF Selangor’s Freedom of Information (FOI) bill is made law, how useful will it be in helping the public gain access to information held by the government? The Pakatan Rakyat (PR) government tabled the bill for its first and second reading on 14 July 2010, and a select committee will now be collating feedback and working out its implementation.
Many have heralded the bill’s introduction as an important first step for FOI. After all, the Malaysian government has an ingrained culture of secrecy. A government circular, in fact, forbids civil servants from divulging any facts about the government’s functioning.
Additionally, government officials have become accustomed to classifying anything they do as “secret” under the Official Secrets Act (OSA). All sorts of documents – from landslide reports, to toll and water concession agreements, to results of corruption investigations – have been stamped secret. Calling government departments sometimes feels like a game of “pass the parcel”, where you are an unwanted package that is handed from one official to another before being placed in a corner and completely forgotten.
While Selangor’s initiative is significant, many have pointed out that the bill does not go far enough in promoting transparency in the current opaque environment. Indeed, any law that will now make it compulsory for civil servants to disclose instead of conceal information must be crystal clear in its intention and implementation. There must be no convenient loopholes or backdoor ways to avoid disclosing information that the public has a right to know.
Even where national security or confidentiality is involved, these interests should be weighed against the harm to public interest due to non-disclosure. Hence, any refusal to disclose information must be accompanied by a proper explanation which can be appealed right up to the courts.
So what should the select committee be looking out for as it goes around collating information on how this bill will be applied? A few problematic sections in the draft bill are listed below:
Deemed rejected

(Pic by sundesigns / sxc.hu)

The bill currently states that any request for information must be answered within 30 days, or seven if it’s a matter of life and death. However, it says that if no answer is forthcoming within the stipulated time, then the application is deemed rejected. This conflicts with another clause which states that applicants must be informed of the reasons any application is refused. Given that government departments can be relatively slow in responding, any such provision would not serve the public interest.
Reason for request
The FOI draft bill requires applicants to state the reason why they are applying for the information. If the information is used for purposes  other than those stated in the application, the applicant can be fined up to RM50,000 or jailed up to five years.
This requirement is unnecessarily onerous. A right to know is a right to know. If the government is serious about the public gaining access to information it holds, it should not require applicants to justify why they are making any request.
In the UK, for example, no such requirement is stipulated in their Freedom of Information Act. In fact, applicants under the UK law need not even use a prescribed government form to make any request under the FOI Act. The public can just send a fax or even an e-mail citing the information required.
No court appeal
The government’s refusal to disclose information can be appealed to the Appeal Board, according to the bill. The appointments process of Appeal Board members has already been criticised because it will be done by the state authority, instead of an independent appointments panel. Moreover, the draft enactment states that the Appeal Board’s decisions will be final. Dissatisfied applicants cannot bring the matter before the courts for further review.
Any first-year law student would know that the three arms of government – the executive, legislature and the judiciary – are meant to act as checks and balances on each other. If the judiciary is ousted from scrutinising the Selangor government’s decisions in implementing the FOI law, what does this say about the PR’s commitment to public accountability?
Such a clause would make the PR no different from the Barisan Nasional (BN). The BN government has enacted similar clauses barring the courts from scrutinising minister’s decisions under the Internal Security Act, OSA and Printing Presses and Publications Act.

('Top secret' by spekulator / sxc.hu)

Leaving a legacy
Having said all that, it is still commendable of the PR government to introduce the FOI bill and open it up for public consultation and debate. It is hoped that these, and other concerns about the loopholes available for the government to subvert the bill’s intention, will be conclusively addressed.
After all, in the event that the PR loses Selangor in the next state election, they must ensure that the FOI law they enact is strong enough to compel the next government to operate an open government. It will also be heartening if the PR governments in Penang, Kelantan and Kedah introduced similar bills.
So, what are your thoughts about the FOI bill? When and if the FOI bill becomes law, what would you like to know from the Selangor government? Tell us in six words. Here are some of our thoughts:
Deborah Loh:
Parts of bill don’t make sense.
Lazy officers just wait 30 days.
Still a good effort, but anti-climatic.
Disclose 20-year development plans for Selangor!
Can FOI stop condo building frenzy?
Ding Jo-Ann:
Ouster clause no different from BN.
What about Penang, Kedah and Kelantan?
Federal government – time to play catch-up.
Will ask about traffic management plan.
BN opposition: unclear about FOI concept.
Gan Pei Ling:
See! Water leaking through bill’s loopholes.
Jacqueline Ann Surin:
Disappointing, PR, really disappointing. Do better!
What’s this? PR exercise for FOI?
Why weren’t best FOI practices incorporated?
I want public water concession agreements.
PR diberi peluang. Tetapi bazirkan peluang.
BN whitewashes ISA amendments. PR FOI.
Koh Lay Chin:
PR ke BN, bacalah fine print.
Thank you, but we would’ve waited.
Please don’t push a half-hearted bill.
Lainie Yeoh:
PR let downs are familiar now.
Some freedoms missing in FOI bill.
Certain parts look more like BN’s.

Pelaburan Merudum: Najib Patut Berundur

Dari Harakah
Oleh Abdul Aziz Mustafa

Kejatuhan pelaburan langsung asing (FDI) sebanyak 81 peratus ke negara ini menghilangkan kelayakan Datuk Seri Najib Tun Razak sebagai Perdana Menteri dan Menteri Kewangan, kata Naib Presiden PAS, Datuk Mahfuz Omar.

Merudumnya pelaburan asing itu menunjukkan betapa buruknya tahap pencapaian Indeks Prestasi Utama (KPI) dan Bidang Keberhasilan Utama Negara (NKRA) Najib sebagai Perdana Menteri dan Menteri Kewangan, katanya.

“Dalam sebuah negara Perdana Menteri adalah Ketua Pegawai Eksekutuf (CEO) yang bertanggungjawab untuk membawa pulangan yang lumayan pada negara dari sejumlah wang yang telah dibelanjakan.

“Kejatuhan kedatangan pelabur asing sebanyak 81% telah menghilangkan kelayakkan Najib sebagai Perdana Menteri dan Menteri Kewangan.

“Najib seharus berundur secara terhormat demi untuk menyelamatkan satu Malaysia “rakyat didahulukan pencapaian diutamakan,” kata Ahli Parlimen Pokok Sena itu.

KPI dan NKRA diperkenalkan oleh pentadbiran Najib untuk mengukur adalah pencapaian dalam pengurusan.

“Dalam sektor korporat perkembangan begini adalah gambaran gagalnya seorang CEO. CEO seperti ini akan dipecat kerana tidak produktif dan gagal membawa pulangan keuntungan kepada syarikat. Kejatuhan 81% kemasukan pelabur asing adalah satu pencapaian buruk dan memalukan.

“Bersediakah Najib untuk berundur?

“Tentu tidak dan Najib akan kata business as usual. Inilah budaya ‘tidak apa’ Umno yang merosakkan negara,” kata Mahfuz.

Beliau melihat kejatuhan pelaburan asing yang begitu teruk itu adalah akibat dari gejala rasuah dan kepincangan sistem perundangan negara sehingga persepsi pelabur antarabangsa terhadap Malaysia begitu buruk sekali.

Menurut beliau, bagi pelabur asing, mereka akan melabur di tempat lain selain Malaysia apabila di Malaysia mereka berhadapan dengan rentetan birokrasi yang kronik dan juga terpaksa membayar tukang-tukang lobi yang mewakili ahli-ahli kabinet dan isteri serta keluarga mereka.

“Fenomena ini membawa kepada rasuah berleluasa. Di Malaysia Umno mengamalkan konsep who you know, not what you know. Kalau hendak kelulusan menteri, perlu bekerjasama dengan balaci-balacinya.” kata beliau.

Menurut beliau lagi, pelabur-pelabur asing juga tidak berminat kepada Malaysia apabila melihat kepincangan sistem perundangan dan keadilan negara.

“Kes Lingamgate, kes rampasan kuasa Umno Barisan Nasional (BN) di Perak, kes sodomi kedua dan lain-lain memberi gambaran law of rule bukan rule of law,” katanya.

Begitu juga dengan kepincangan pengurusan di Sime Darby, Felda, Maybank dan syarikat-syarikat berkaitan kerajaan (GLC) yang lain, kata beliau, kesemuanya memberi tanggapan buruk kepada pelabur-pelabur asing.

“Mereka melihat di Malaysia tidak ada budaya accountability dan responsibility.

“Sime Darby rugi berbillion, ahli lembaga pengarah masih ada, tidak ada sesiapa yang dikenakan tindakan undang-undang atau diberhentikan.

“Maybank buat pelaburan bodoh di Indonesia dengan membeli Bank Internasional Indonesia, CEOnya dilantik jadi menteri kabinet, sekarang jadi Pengerusi Majlis Penasihat Ekonomi Negara (NEAC). Felda susut rizab tunai berbillion ringgit, Najib terus jadi Perdana Menteri yang menguruskan Felda dan (Datuk) Ahmad Maslan terus jadi Timbalan Menteri.

“Mana dia accountability dan responsibility? Pelabur tidak akan melabur di negara yg tidak ada budaya accountability dan responsibility,” tegas beliau.

Laporan Pelaburan Dunia 2010 yang dikeluarkan oleh Pertubuhan Bangsa-bangsa Bersatu menunjukkan jumlah FDI ke Malaysia terus mencatatkan penurunan mendadak pada tahun lalu.

Jumlah itu berkurangan RM19.04 bilion berbanding RM23.47 bilion yang diterima pada tahun 2008 (Perangkaan diambil kira berdasarkan nilai US$1 = RM3.20650).

Perangkaan tahun lalu yang hanya bernilai RM4.43 bilion juga tidak mencerminkan separuh daripada apa yang lazimnya diterima oleh Malaysia pada 1995 hingga 2005.

Prestasi Malaysia juga dianggap memalukan jika dibandingkan dengan ekonomi Thailand dan Indonesia yang tidak mengecut dengan teruk di sebalik menerima tempiasan krisis kewangan dunia itu.

Thailand kehilangan RM14.24 bilion manakala Indonesia pula hanya berkurangan RM8.32 billion dalam FDI mereka, tahun lalu.

Kejatuhan mendadak itu yang dikatakan paling buruk dalam 15 tahun menyaksikan jumlah terkumpul FDI yang mengalir keluar melebihi jumlah pelaburan yang diterima sebanyak RM3.21 bilion.

Indo-Pak: Terms of Endearment

Qureshi, Krishna duke it out in Islamabad

(Asia Sentinel) Irreconcilable differences and mismatched expectations wrecked the Foreign Minister's summit between Pakistani External Affairs Minister Shah Mehmood Qureshi and his Indian counterpart S.M. Krishna last week in Islamabad. That has left the two countries at sea over where they go next for a diplomatic solution, or even if the process should continue.

Domestically, there is growing concern within the Congress-led United Progressive Alliance that the popular mood could turn against the party if the dialogue keeps moving from one flop show to another in the absence of a cohesive Indian policy towards Pakistan. This is a prospect that India's beleaguered political establishment can ill afford, saddled as it is with soaring inflation, deadly Maoist threats and the fast-approaching Commonwealth Games deadline, for which the country is far behind schedule.

There is disagreement as well between various Indian government agencies, triggering serious concern over the course of the Indo-Pakistani engagement. Should New Delhi merely accommodate Pakistan as a troublesome neighbor that must be suffered and thus contained? Or should India continue to seek to befriend Pakistan with the hope of resolving sensitive bilateral issues in the foreseeable future?

The public spat at the Krishna-Qureshi joint press conference marks a new nadir in Indo-Pakistani diplomacy. The two warring ministers squandered the opportunity to break the impasse created by the murderous terrorist attack in Mumbai in November of 2008 and flesh out ways to build mutual trust, cooperate against terror or identify a roadmap for the resumption of the peace process that has been stalled since the Mumbai terror attacks.

In fact the frequent failure of recent bilateral talks including earlier ones at Agra in 2001 and Sharm-el-Sheikh in 2008 has led New Delhi to the question whether India should seek to engage with Pakistan at all. What has contributed increasingly to this skepticism is that despite a gap of 15 years between coordinated bomb blasts which killed 250 people and injured 700 in Mumbai in March 1993 by Pakistani-based terrorists and the second attack on the city in 2008, diplomacy has not achieved any tangible results. Despite numerous attempts to revive an Indo-Pakistani dialogue in the intervening decade-and-a-half, Pakistan's unrelenting hostility towards India has remained unchanged.

This was reinforced by the National Security Advisor, Shivshankar Menon, who confirmed what Home Secretary G K Pillai had said earlier: The interrogation of David Coleman Headley, a Pakistan-based American citizen involved in the 26/11 attack, revealed a clear nexus between the terrorists, the official establishment and intelligence agencies in Pakistan.

And, in Menon's words, "the link is getting stronger." What the Headley revelations also do is to raise questions about the very premises of the Congress-led UPA government's Pakistan policy. Prime Minister Manmohan Singh's belief that there can be normality in the near term with Pakistan through sustained dialogue increasingly sounds unconvincing.

Paradoxically, despite its attitude towards India, Pakistan has been able to gather more support from the global community than India can -- be it America (due to its strategic dependence on Pakistan for geopolitical reasons), the Arab nations, East Asia or even the rest of the subcontinent.

However, the repeated failure of Indo-Pakistani diplomatic talks underscores only one thing -- the inflexible positions adopted by the two nations and their unwillingness to accommodate each other's core concerns. It is this stance that is jeopardizing diplomacy and ruining the chances of achieving desirable results.

Foreign policy analysts suggest that it is time to rewrite Indian policy to factor in the new geopolitical realities – Pakistan's less-than-effective civilian government, and the fact that the ultimate levers of powers in India's neighborhood are controlled by the Pakistani Army if not the notorious Inter-Services Intelligence Bureau, known as the ISI.

"The irony is that issues like Kashmir, peace and security, Sir Creek, Kashmir and Siachen are subjects India and Pakistan have wasted several years of formal dialogue over without achieving any tangible progress," said Narottam Kapoor, senior professor, Political Science, at Delhi University. "Given the long-standing deadlock over proposals for verification of a mutual withdrawal, it's time both the nations resolved issues by thinking out of the box."

Perhaps the two nations can, suggests one school of thought, eschew the Composite Dialogue model that was crafted in 1997 and focus on how the Pakistani Army can be engaged fruitfully in foreign policy matters with India. This approach may just click considering that many of the bilateral problems involve a military solution. However, there is an ongoing contest between the civilian and military wings of the Pakistan establishment, meaning India needs to be cautious in engaging with the Pakistani Army without offending the sensibilities of the civilian government.

Abandoning dialogue, the moderates say, however, is not a good option as witnessed in the past. Even Prime Minister Manmohan Singh has – at Sharm el-Sheikh last year and again at Thimphu – made out a strong case for engagement.

In the wake of the controversy that Krishna's visit to Islamabad has generated, Singh's critics are likely to reiterate that engagement has failed yet again. Already, India's opposition parties are crying themselves hoarse that New Delhi should break off its dialogue.

However, the stakes are so high on both sides that neither can afford to be deflected by diplomatic fireworks. The two need to focus on a dialogue structure which allows both to work towards a sustainable foreign policy solution.

As a former Pakistani High Commissioner to India wrote in The Times of India, "We need to move beyond symbolic gestures to game changers. The process of resolving major issues of concern to each side may take time but it must soon generate momentum and transform the context of our relationship so that solutions hitherto considered out of the question begin to beckon."

No cakewalk this. There are major attitudinal barriers and averse stake-holders in both countries who play the zero sum game. But gradually, if both nations seriously address each others' core issues of concern things just may fall in place. In India's case, it is dismantling structures of terrorism including assurances about prosecution of those implicated in the Mumbai atrocities, removing trade barriers, cultural and people-to-people exchanges, eschewing hostile disinformation, etc.

In the case of Pakistan, it will be a structured and substantive dialogue process, progress towards a Kashmir settlement, improvements in the human rights situation in Kashmir, non-interference in Balochistan, refraining from using America and Afghanistan as pressure points on Pakistan, improved cooperation on water management issues within the context of the Indus Water Treaty, etc.

"It's time we work out a cogent and workable strategy to deal with Pakistan. New Delhi should stay engaged with Pakistan but only after fresh deliberations," a senior Congress functionary told Asia Sentinel.


Neeta Lal is a New Delhi-based journalist contactable at neetalal@hotmail.comThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Discipline the Little Napoleans

By Thomas Lee, MySinchew

It is indeed a relief that Deputy Prime Minister cum Education Minister Tan Sri Muhyiddin Yassin has given an assurance that non-Mulsim religious clubs or societies are not banned in schools.

Muhyiddin has pledged that school clubs and societies related to non-Muslim activities that have been in operation for decades need not be disbanded.

He said the Education Ministry has not issued any directive for such clubs or societies to close.

If such is the case, then disciplinary action must be taken against the officials of the Selangor Education Department and certain school heads who have been flexing their muscles to curb religious activities by the non-Muslim students in the schools.

The recent case of the Klang High School being ordered to close its non-Muslim religious clubs is not an isolate case.

Take the case of the Christian Fellowship (CF) of SMK SS17 Subang Jaya, which has been in existence for more than 10 years before it was banned. It existed even before the 16 December 2000 Surat Pekeliling, compelling any such new non-Muslim religious clubs and societies to obtain approval from the Selangor Education Department before being allowed to operate.

The CF of SMK SS17 Subang Jaya had complied with and met all the conditions as per the 16 December 2000 Surat Pekeliling, but was not officially registered with the Selangor Education Department. In fact, since it was an existing club, there was no requirement for it to be registered. It was a de facto legal entity.

However, in a letter dated 10 March 2009 (ref. JPNS/SPS/PPN/A25080/06/06 Jld. 3), the Pengarah Pelajaran Negeri Selangor, Dr Haji Zahri Aziz, told the SMK SS17 Subang Jaya that the CF and the Buddhist Society were not allowed to be registered (tidak dibenarkan) with the state education department. The new headmistress Puan Zuariah Yusof then ordered the CF and Buddhist Society to cease operation and banned their student members from meeting.

The unilateral decision of the Selangor Education Department to ban the CF and the Buddhist Society is certainly unwarranted and unjustified, a gross violation of the human and consititution rights of the non-Muslim students.

Article 11 of the Federal Constitution on the Freedom of Religion specifically states that:

Every person has the right to profess and practise his religion and, subject to Clause 4, to propagate it.

No person shall be compelled to pay any tax the proceeds of which are specially allocated in whole or in pairs, part for the purpose of a religion other than his own.

Every religious group has the right to manage its own religious affairs, to establish and maintain institutions for religious or charitable purposes, and to aquire and own property and hold and administer it in accordance with the law.

The high-handed manner in which the Selangor Education Department ordered the closure of non-Muslim religious societies in SMK SS17 Subang Jaya, and perhaps other schools in the state, is a direct contradiction of the statement of Deputy Prime Minister cum Education Minister Tan Sri Muhyiddin Yassin that no directive has been issued by the ministry to ban the non-Muslim clubs and societies.

That means that the top officials of the Selangor Education Departments had issued the discriminative directive on their own whims and fancies, in violation of Article 11 of the Federal Constitution, without authorisation, and in insubordination and recalcitrance against the federal government policies.

If such is the case, it will certainly be appalling, outrageous and scandalous if no disciplinary action is taken against such irresponsible and ignominious public officers who give the government of the day a bad image.

As Rev Dr Thomas Philips, president of the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism & Taoism (MCCBCHST), said in the Klang High School case, such a unilateral decision should be opposed with the strongest possible vehemence.
In the SMK SS17 Subang Jaya case, there is no need for its CF to be registered as it has already been existence before 16 December 2000, the date of the Surat Pekeliling.

The school has the log books of the CF meetings during that time. Clause 2 states that CF can be formed after the registrar (Pengarah Pendidikan Negeri) has considered and is satisfied with an application for a school CF. This clause applies only to schools whose CFs have yet to come into existence before 16 December 2000. Clause 3 states that where the school already has a CF, the society can continue to carry on its functions.

Nevertheless, to ensure that all legal requirements are met, the CF of the SMK SS17 Subang Jaya applied to the Selangor Education Department to be registered.

The school then received a letter from the Selangor Education Department that the application to register its CF was rejected.

This case brings to the fore the very significant question of why non-Muslim religious clubs and societies in schools must be approved and registered with the Education Department. Are the other clubs and societies in schools, such as the Art Club, the Speech and Debating Society, the Music and Drama Society, the School Band, etc, required to seek the approval of the Education Department before they are allowed to be formed?

If not, why must the non-Muslim religious clubs and societies in schools be the exception and be forced to apply for approval?
In the SMK SS17 Subang Jaya case, the CF applied for approval but the Selangor Education Department rejected its application. On what ground?

In connection with the directive to get approval for setting up non-Muslim religious clubs in school, I am shocked with the dumbest explanation on this issue made by Deputy Education Minister Datuk Wee Ka Siong.

Wee was quoted by The Star as saying that “schools could not reject such applications”, and “a circular signed by the ministry’s director-general Datuk Shukor Abdullah in December 2000 did not mention that applications to register such organisations could be rejected”.

It is simply flabbergasting that such preposterous and nonsensical explanation could be given by a deputy minister of education. If such application cannot be rejected, why on earth does a non-Muslim religious club has to apply for registration with the state education department?
Deputy Prime Minister cum Education Minister Tan Sri Muhyiddin Yassin’s assurance that the federal government does not ban non-Muslim religious clubs and societies in schools is not the end of the story.

What Muhyiddin should do is to issue a directive lifting all restrictions for the formation of the non-Muslim religious clubs and societies in schools. In other words, make sure the instruction is properly understood and applied by those smart-alec civil servants who should be curbed for flexing their muscles and using bullying tactics.

The freedom to believe, practise and teach one’s religious beliefs and faith is a universal God-given right, enshrined in our Federal Constitution and in the international human rights instruments of the United Nations, and no Little Napoleon in the Malaysian civil service should be allowed to violate it.

The federal government needs to show that it is fair and just to all Malaysians, irrespective of colour, creed, culture, or class, by ensuring that those civil servants that thwart, frustrate, and sabotage the multi-racial, multi-religious, multi-cultural, and multi-lingual nation-building process should be brought to book and disciplined.

Maglin Rebukes Tamil Newspapers For Unhealthy News

SUBANG JAYA, July 25 (Bernama) -- Deputy Information Communication and Culture Minister Datuk Maglin Dennis D'Cruz has rebuked certain Tamil newspapers for not providing "healthy news" for public consumption.

Ethically, he said, newspapers should provide information which was beneficial to the public and therefore, refrain from being used by certain quarters for personal or political mileage.

"The use of newspapers for personal motives is improper because it can create chaos amongst interested parties...this is not healthy in the running of newspapers.

"Newspapers should get their facts right before publishing certain news so as not to create inconveniences to readers," he said.

D'Cruz was speaking to reporters after launching the fifth anniversary celebrations of Volkswagen Beetle Club of Malaysia's 'Bug O Rama' 2010 here Sunday.

On a claim by former People's Progressive Party (PPP) Youth chief Datuk T. Murugiah -- who recently joined the MIC -- to get about 200,000 of his supporters to join the party, Maglin who is PPP vice-president, said his party did not foresee any problem with such a move.

"The fact is, no one from PPP is crossing over (to the MIC) or making such a move...moreover, he (Murugiah) is not a PPP member anymore," he added.

However, he said PPP could get along with MIC and the rest of the Barisan Nasional (BN) component parties.

"We are under the same roof (BN) and working for one motive...therefore, we should work together to help Prime Minister Datuk Seri Najib Tun Razak in implementing 1Malaysia," he said.

Kenyataan Akhbar: Cukup sudah 50 tahun: Mansuhkan ISA dan lain-lain undang-undang penahanan tanpa bicara serta peruntukkan keselamatan yang kuno

1 Ogos 2010 menandakan ulangtahun ke-50 berkuatkuasanya Akta Keselamatan Dalam Negeri 1960 (AKDN).  AKDN membenarkan kuasa menahan seseorang tanpa perlu dibicarakan yang melanggar hak asasi untuk dianggap tidak bersalah sehinggalah dibuktikan bersalah.

Majlis Peguam pada 19 Julai 2010 telah mengemukakan memorandum kepada Kementerian Dalam Negeri menuntut pemansuhan AKDN serta undang-undang lain yang membenarkan penahanan tanpa bicara, iaitu Ordinan Darurat (Ketenteraman Awam dan Mencegah Jenayah) 1969 dan Akta Dadah Berbahaya (Langkah-Langkah Pencegahan Khas) 1985.  Memorandum tersebut turut menuntut Kerajaan Malaysia memansuhkan Akta Kediaman Terhad 1933, Akta Pencegahan Jenayah 1959 dan Akta Buang Negeri 1959.

Memorandum Majlis Peguam menarik perhatian kepada sifat kuno perundangan-perundangan tersebut.  Memorandum itu menyerlahkan bagaimana undang-undang yang membenarkan penahanan tanpa bicara melanggar prinsip-prinsip hak asasi manusia yang diperuntukkan dalam Deklarasi Hak Asasi Sejagat 1948 dan konvensyen-konvensyen antarabangsa lanjutan dari itu.  Ia turut membandingkan undang-undang anti-keganasan dalam bidangkuasa-bidangkuasa lain seperti Australia, Canada, United Kingdom dan Amerika Syarikat yang kesemuanya menyediakan peruntukkan menyeluruh bagi melindungi keselamatan negara masing-masing tanpa mengabaikan ciri-ciri perlindungan kebebasan individu dan hak asasi manusia.  Ini telah dipastikan melalui gabungan beberapa ciri seperti klausa ‘sunset’ yang otomatik, pengawasan kehakiman dengan peruntukkan perahsiaan dan hak mendapatkan khidmat guaman.  Undang-undang Malaysia seharusnya turut memperuntukkan perlindungan yang sama.

Memorandum Majlis Peguam menegaskan bahawa peruntukkan undang-undang Malaysia melalui Kanun Keseksaan dan Kanun Acara Jenayah yang telah dikukuhkan serta peruntukkan imigresen, perundangan untuk pencegahan pengubahan wang dan pencegahan pembiayaan keganasan sudahpun memberi kuasa yang cukup kepada agensi-agensi penguatkuasaan undang-undang untuk menangani cabaran yang dihadapi dari aktiviti jenayah sedemikian, namun pada masa yang sama membolehkan seseorang itu didakwa menurut proses undang-undang yang sewajarnya.  Kuasa menahan tanpa bicara dan menyekat pergerakan bebas adalah langsung tidak perlu dan hanya akan menjurus kepada sikap melakukan siasatan secara acuh tak acuh serta menyebabkan salahguna dan penyalahgunaan undang-undang.

Memorandum tersebut boleh dimuat turun di sini.

Badan Peguam Malaysia menuntut agar Kerajaan Malaysia menghormati dan menegakkan hak asasi manusia rakyatnya.  Sebagai ahli Majlis Hak Asasi Manusia Bangsa-Bangsa Bersatu 2010-2013, Malaysia kini terikat dengan tanggungjawab menegakkan suatu piawaian hak asasi yang tertinggi.  Ini akan hanya dicapai melalui pemansuhan kesemua undang-undang yang melanggar prinsip-prinsip hak-hak asasi manusia seperti AKDN dan lain-lain perundangan yang membolehkan penahanan tanpa bicara serta penyekatan kebebasan bergerak rakyat di dalam kawasan sempadannya sendiri.  Cukup sudah 50 tahun hidup di bawah AKDN (dan tempoh lebih panjang di bawah sebahagian peruntukkan-peruntukkan yang lain).  Sekaranglah masanya untuk membebaskan rakyat Malaysia dari undang-undang yang tidak saksama atau adil.


Ragunath Kesavan
Presiden
Badan Peguam Malaysia

UK all-parliamentary group chief writes to Taib

The chairman of the British parliament’s All Party Parliamentary Group for Tribal peoples, MP Martin Horwood, has written to Taib Mahmud expressing concern about the plight of the Penan as the Sarawak chief minister arrived in the UK.

A barrage of placards greeted Taib at Oxford University’s Said Business School this morning – Photo credit: Survival

Martin Horwood, MP - Photo source: Wikipedia

“The Penan have frequently been subject to violence and intimidation at the hands of loggers operating on their land… Without recognition of their land rights, the Penan are struggling to provide for themselves, and are left vulnerable to violence and exploitation,” Horwood wrote, according to Survival, the movement for tribal peoples.
Horword asked Taib to “halt logging and other developments on the Penan’s land without their free, prior and informed consent, according to international law” and to “ensure that Penan women and girls are protected from sexual violence and the perpetrators of such abuse brought to justice”.

Rosmah & Stevie Wonder | Dad: Quiet down; Jho: I CAN'T HEAR YOU

Sigh. Looks like this blog is going to degenerate into some sort of Jho gossip rag :P First some pics you might’ve seen already, and then some you probably have not re: more Rosmah debauchary.
(ps- is all this just jealousy? You bet. You’ll probably catch me doing worse some day. Just. Hopefully. Not on the rakyat’s dime).
So, just after we read this:

Malaysian millionaire Taek Jho Low has been asked by his father to lie low after news of him and American party girl Paris Hilton exploded on the media worldwide.
His father, a businessman, told Sin Chew Daily he had told his son to be cautious with his words and actions.

We get wind of this:

Ah, see that last one? One day I will be part of the entourage – probably the hamsuplo on the bottom right. Flers fingers like mine, mebbe more ways than one :P
These pictures were reportedly taken at Byblos Nightclub in Saint Tropez. Don’t ask me where that is – not rich or famous enough to know :) This gossip site (with quite the picture) has the amount spent that night at 1.8 million POUNDS (RM 8.8 million today, if you’re counting. In. A. Single. Night.). Erk.
Eh, but you all don’t hate on Jho so much k? Mebbe it’s true love:

Are you thinking what I’m thinking?
CAPTION CONTEST TIME! haha :)
The other thing I came across over the weekend were photos taken during a “Faces of 1Malaysia” dinner was held at the Mandarin Oriental in Washington DC on April 13th, 2010.
These pictures feature, of all people, Stevie Wonder!

Haha, no that video was not from the event. But these pics apparently were:



Do I have any way of proving this wasn’t just some other dinner? Nope, can’t say I do, but if anyone wants to deny it, please feel free.
As I said before, there’s generally no harm in indulging in all sorts of debauchary – I’m no moralist in that regard. That said though:
1. This is the PM and his wife we’re talking about.
2. How much is all this costing WHO exactly?
I think the latter question is the one and only thing that justifies our continued attention.
This obssession with celebrities must also give us pause as to the nature of the second couple – what their priorities are in life, what they want to spend money on, and how they go about spending that money.
More thoughts on these to come soon I hope.
Oh! And I almost forgot. A great little bird from the UK sent me a press statement from the Bruno Manser Fund today:

The Oxford University’s Saïd Business School has come under fire over an invitation extended to Taib Mahmud, the controversial Chief Minister of the Malaysian state of Sarawak. Taib Mahmud will present an opening address at the “Oxford Global Islamic Branding and Marketing Forum” to be held on 26-27 July 2010. British civil society groups have announced a protest rally for tomorrow morning, 26 July 2010, in front of the Saïd Business School.
According to a joint NGO statement, which will be released tomorrow, Taib is “one of Asia’s greatest kleptocrats” who has “systematically plundered the rich Borneo jungles for timber”. “Most of the state of Sarawak has been illegally absorbed into the possession of his cronies and family members through ‘privatisations’ and the handing out of palm oil and timber concessions, via arbitrary state acquisitions of native lands.” This has resulted in “environmental destruction, serious human rights violations and poverty.”
By inviting Taib Mahmud as a keynote speaker, the Saïd Business School is not only offending Sarawak’s native communities and Malaysia’s civil rights movement but is also betraying the Oxford University’s integrity and academic tradition.

Right on the money.
And oh, how did Taib get this invitation in the first place?
I don’t suppose it has anything to do with oh, I don’t know, Washington based lobbying firms perhaps? Ones with secretaries named Jo maybe?
As the cliche has it, the plot thickens.
ps- Must highlight a follow-up from Wendy Brandes, who was quoted as an eyewitness source from last post. Thanks Wendy!

I’m glad you find my telling of the story amusing! I can assure you every word of it is true and even understated. As you say, I’m a complete outsider and have no agenda. I did try to stay polite, since I was an invited guest, and not speculate on how all those celebrities came to be there. It was one of the most peculiar events I had ever been to and I’m not surprised that it’s become part of a larger issue.

pps- Neverending supply of pics. More here