Malaysia: Sedition Act Wielded to Silence Opposition

Government Campaign Violates Free Expression Rights

SEPTEMBER 14, 2014

(Bangkok) – The Malaysian government should cease using the country’s sedition law to arbitrarily arrest opposition lawmakers, activists, and critical academics, Human Rights Watch said today. Since 2013, at least 14 people have been charged under the Sedition Act 1948 for criticizing the government or government officials. Those found guilty face up to five years in prison and a fine of RM 5,000 (US$1,600).

The government of Prime Minister Najib Razak should repeal the Sedition Act, which has repeatedly been used to prosecute people for political purposes in violation of the right to freedom of expression.

“The Malaysian government is increasingly using the Sedition Act to instill fear and silence in political opponents and critics,” said Phil Robertson, deputy Asia director. “Prime Minister Najib’s crackdown on free expression has shown his true rights-abusing colors.”

The Sedition Act prohibits vague offenses such as uttering “any seditious words” without defining what constitutes “sedition” or “seditious words.” It broadly outlaws any “seditious tendency” that would “bring into hatred or contempt or excite disaffection against any Ruler or against any Government.”

In the period before the general election on May 5, 2013, Prime Minister Najib repeatedly said that he would lead an effort to repeal the Sedition Act and replace it with a so-called Harmony Act. However, following the election, in which the ruling coalition the Barisan Nasional retained power despite major losses in the national parliament, he retreated from his pledge.

Malaysian authorities have used the vaguely worded act to charge four opposition members of parliament with sedition, including Party Keadilan Rakyat (PKR) Vice President Tian Chua and Democratic Action Party (DAP) Vice President Teresa Kok.

On August 19, 2014, the authorities charged PKR Vice President N. Surendran with sedition in connection with a statement to the media attacking the decision of the appeals court. A second sedition charge was brought against him on August 29 for alleging that the renewed sodomy charges against his client, the parliamentary opposition leader Anwar Ibrahim, were “an attempt to jail the opposition leader of Malaysia,” and that Prime Minister Najib was responsible.

On August 26, the authorities charged Khalid Samad, a member of parliament from the Pan-Malaysian Islamic Party (PAS), with sedition for allegedly critical remarks he made regarding the Selangor state sultan and the State Islamic Affairs Council. Khalid had called for reviews of laws after the state council failed to abide by the attorney general’s decision that Iban and Malay-language Bibles seized by the Selangor Islamic Religious Department must be returned to the Bible Society of Malaysia.

In June, authorities charged Kok with sedition for her Chinese New Year video “Onederful Malaysia CNY 2014,” which depicts Kok as host of the program with three volunteers playing characters before a small audience. The video makes no mention of any individual or the government.

The DAP Penang State Assemblyman R.S.N. Rayer was charged on August 27 for allegedly saying “celaka celaka UMNO” (“damn, damn UMNO”) to several state assemblymen of the United Malays National Organization (UMNO) during an assembly session in May.

On September 3, the authorities brought sedition charges against David Orok, a politician from the state of Sabah, claiming that he defamed Islam and the Prophet on Facebook. He has pleaded not guilty and apologized on his Facebook page, but the authorities confiscated his passport and the court released him on RM 7,000 ($2,200) bail.

The authorities charged five activists and Tian Chua with sedition for remarks made on May 13, 2013, at the Kuala Lumpur and Selangor Chinese Assembly Hall. The group had accused the government of pervasive voter fraud and suggested that under current election regulations, the opposition coalition could never win an election. On September 5, 2014, a Kuala Lumpur sessions court sentenced Safwan Anang, former chair of Malaysian Students Solidarity, an activist group, to 10 months in prison, although he was released on RM 15,000 ($4,700) bail pending his appeal. Cases are still pending against Tian, the activists Hishamuddin Rais, Haris Ibrahim, and Tamrin bin Abdul Ghafar, and the student leader Adam Adli.

The government is also prosecuting academics and journalists under the Sedition Act. On September 1, Dr. Azmi Sharom, a University of Malaya professor, was charged with sedition for comments related to a political event five years ago. On September 10, a group of academics and students organized a public rally on Azmi’s behalf and to decry the threat the Sedition Act poses to academic freedom. The Attorney General’s Chambers announced that it would review the sedition charge against Azmi and possibly others.

On September 4, the authorities arrested Susan Loone, assistant editor at Malaysiakini, an online newspaper critical of the government and ruling coalition, on suspicion of sedition for her article that included statements by Phee Boone Poh, a Penang State executive councilor. Loone was held and interrogated for nine hours before being released on bail. Police had earlier detained Phee because of his role as chairman of the Penang People’s Voluntary Patrol, an auxiliary force connected with the state government that the inspector general of police alleges is illegal. The story reported Phee saying that during four hours of police questioning he was “treated like a criminal.”

The government has also investigated several senior opposition politicians but ultimately charged them with sections of the penal code that severely restrict expression. On August 28, the authorities charged Rafizi Ramli, a senior member of the PKR and member of parliament, with article 504 of the penal code, which criminalizes “intentional insult with intent to provoke a breach of the peace.” The charge was based on statements he made in a newspaper article that suggested that UMNO was attempting to undermine and destroy the PKR leadership in Selangor State by using policies emphasizing race and religion.

Similarly, on August 25, authorities charged the former Perak State Governor Mohammad Nizar Jamaluddin, from the opposition PAS party, for defaming Prime Minister Najib in remarks he made in Ipoh in April 2012.

“The Malaysian government has apparently decided that its vaguely worded Sedition Act is its new catch-all charge against its most vocal critics,” Robertson said. “Prime Minister Najib should realize that throwing activists and opposition leaders in jail for what they say is a slippery slope to authoritarian rule.”

Perodua Axia Sets New Benchmark In EEV Market - Muhyiddin

KUALA LUMPUR, Sept 15 (Bernama) -- The all-new Perodua Axia, the latest energy efficient vehicle (EEV) model launched by Perodua will set a new benchmark in terms of quality, cost management and productivity in the EEV market.

Deputy Prime Minister Tan Sri Muhyiddin Yassin said Perodua Axia, the Malaysia's first EEV car has proved that Perodua is able to adapt and flourish in the country.

"It is our hope that the brand will emerge as a regional player and later, a globally recognised brand," he said when launching the car at Kuala Lumpur Convention Centre here, Monday night.

Also present were Deputy Minister of International Trade and Industry, Datuk Hamim Samuri, Second Deputy Education Minister, P. Kamalanathan and Perodua president and chief executive officer, Datuk Aminar Rashid Salleh.

Muhyiddin who is also chairman of the special committee to tackle the cost of living lauded Perodua for introducing an excellent model that is value for money.

With this new model, Muhyiddin said Perodua has amply rewarded Malaysians with what they truly deserve, by developing the car that the market wants.

"This is the car that offers a simple and contemporary design which combines functionality, practicality and eco-friendly, and yet is available at a very affordable price.

"Based on the price list and the features of the car, I believe that the Perodua Axia will be well accepted by MalaysianS. I further hope that this model will be marketed to the Asian region in the near future."

Muhyiddin also said the Malaysia's EEV focus is not merely on fuel efficient vehicles, but also encompassed the whole automotive green life cycle.

He added it was imperative to take into account the entirety of the automotive value chain in transforming the industry towards a sustainable one.

"The emission of greenhouse gases need to be controlled throughout the process in producing vehicles, while both vehicle and component manufacturers have to improve their processes to reduce the impact on the environment.

"And this should include optimisation of energy usage and resources management," he said.

With continuous ‎investments by companies like Perodua, Muhyiddin said the government's plan under the National Automotive Policy 2014 in making Malaysia an EEV production hub would be realised.

ISIS claims third execution

'Melayu malas': Orang ramai tidak setuju

ISIS Video Shows Execution of David Cawthorne Haines, British Aid Worker

David Cawthorne Haines Credit Reuters

By RUKMINI CALLIMACHI and KIMIKO DE FREYTAS-TAMURA

The Islamic State in Iraq and Syria released a video Saturday of the third beheading of a foreign hostage, a British aid worker. The execution was a clear message to Britain, a vital ally of the United States as it builds an international coalition to target the militant group, which has made stunning advances across Syria and northern Iraq in recent months.

The video shows the aid worker, David Cawthorne Haines, kneeling on a bare hill under the open sky, in a landscape that appears identical to where two American journalists were killed by the group in back-to-back-executions in the past month. In the moments before his death, the 44-year-old Mr. Haines is forced to read a script, in which he blames his country’s leaders for his killing.

“I would like to declare that I hold you, David Cameron, entirely responsible for my execution,” he said. “You entered voluntarily into a coalition with the United States against the Islamic State.” He added: “Unfortunately, it is we the British public that in the end will pay the price for our Parliament’s selfish decisions.”

Nearly 1,000 French Citizens Joining 'Islamic State'

French Islamists reportedly streaming to join radical jihadi group, including 60 women; threat of attacks in Europe growing.

Around 930 French citizens or residents, including at least 60 women, are either actively engaged in jihad in Iraq and Syria or are planning to go there, the interior minister said Sunday.

In an interview with Le Journal de Dimanche weekly, Bernard Cazeneuve said: "930 French citizens or foreigners usually resident in France are today involved in jihad in Iraq and Syria."

According to the minister, "350 are on the ground, including 60 women. Around 180 have left from Syria and 170 are en route for the zone."

In addition, some 230 people are looking to head to areas held by jihadists. Added to this total of 930, an estimated 36 have already died out there, said Cazeneuve.

Western governments have voiced concern about the possibility of their citizens joining Islamic State terrorists in Iraq and Syria and then returning home to commit atrocities.

The man who carried out the apparent beheading of British aid worker David Haines speaks with a British accent; he is believed to be the same jihadi who appeared in the beheadings of American journalists James Foley and Steven Sotloff.

Cazeneuve said that some returning jihadists boast about what they have done and "say they are ready to leave again."

"Others, destroyed by the violence and atrocities they saw or participated in, say they no longer want to be involved."

"Some claim to have left on a humanitarian mission, but we have reliable information that they fought in jihadist ranks," explained the minister.

He announced that "at least 70" people had been prevented from leaving after authorities received around 350 alerts about possible jihadists.

This included around 80 minors and 150 women.

France has created a law aimed at stopping aspiring jihadists from travelling, which includes a ban on foreign travel of up to six months for individuals suspected of radicalisation and gives authorities powers to temporarily confiscate and invalidate their passports.

In a recent parliamentary report, France had previously estimated that 950 suspected of engaging in jihad.

Asked about Frenchman Mehdi Nemmouche, suspected of killing four people at Brussels' Jewish Museum in May, Cazeneuve said: "The perversity of the terrorist jihadist system means that you do not necessarily have to receive a mission to carry out a terrorist act."

"When people are psychologically destroyed by daily acts of extreme violence, decapitations or other acts of barbarism, all their moral values fall, all their points of reference are wiped out."

Dr Mahathir malu dengan kaum Cina sebab Melayu malas

Bekas perdana menteri Tun Dr Mahathir Mohamad mempertahankan kritikannya kaum Melayu malas, serta mengakui malu dengan kaum Cina yang disifatkannya lebih maju ke hadapan.

Dr Mahathir berkata, kaum Melayu masih tidak rajin, memberikan contoh situasi yang berlaku di pusat pengajian tinggi di mana hampir majoritinya perempuan berbanding lelaki.

"Belum rajin. Umpamanya tidak rajin belajar. Kalau kita pergi universiti, 70% perempuan. Budak-budak jantan (lelaki) apa dia buat? Jadi mat rempit, itu saya kata tidak rajin," kata Dr Mahathir dalam wawancara eksklusif bersama Mingguan Malaysia hari ini.

Menurut Dr Mahathir, walaupun mendapat tempat di institusi pengajian tinggi, kaum Melayu tidak manfaatkan masa sepenuhnya untuk belajar secara serius dan tidak membaca buku.

Dr Mahathir mengaku malu dengan kaum Cina, mengambil contoh dalam penguasaan Bahasa Inggeris.

"Saya malu, budak-budak Cina belajar tiga bahasa tetapi bercakap Bahasa Inggeris lebih fasih daripada budak-budak Melayu.

"Kita belajar dua bahasa, Bahasa Melayu dan Inggeris, tetapi orang Melayu cakap cukuplah apa hendak belajar Bahasa Inggeris lagi," kata beliau merujuk kepada keputusan Putrajaya memansuhkan Pengajaran dan Pembelajaran Sains dan Matematik dalam Bahasa Inggeris (PPSMI) yang diperkenalkannya.

Bekas presiden Umno itu berkata lebih mengecewakannya, kaum Melayu tidak bersikap jujur dan amanah serta terlalu mementingkan wang berbanding kaum Cina.

"Kedua berkenaan kejujuran, ikhlas dan amanah.

"Sekarang ini saya ada kedai roti, saya hendak terus terang, saya amat malu kerana di antara pekerja Melayu, Cina dan Myanmar atau mana-mana, pekerja Melayu kadang-kadang kalau tengok duit dia lupa, dia tidak jujur.

"Dia nampak duit, kalau boleh sapu, dia sapu.

"Orang Cina tidak begini," katanya kepada akhbar Utusan Malaysia edisi Ahad itu.

Dr Mahathir turut mengungkit sikap orang Melayu yang tidak mahu membayar hutang walaupun berkemampuan.

"Berapa banyak orang Melayu bila berhutang, tidak bayar.

"Dapat biasiswa tidak bayar balik. Bukan tidak ada duit tetapi tidak bayar. Kita kena amanah," katanya.

Menurutnya lagi, atas faktor itu juga banyak kontrak diberikan kepada Cina kerana lebih amanah berbanding kaum Melayu.

"Kita hendak beri kontrak, kita beri kepada Cina sebab kita tahu dia buat elok.

"Ini kelemahan kita, kita tidak amanah," katanya.

Bekas perdana menteri paling lama berkhidmat itu mengakui beliau mengkritik kerana enggan menipu diri sendiri, sebaliknya belajar untuk berdepan dengan realiti.

"Saya tidak pernah hendak tipu diri. Kalau malas, saya kata malas.

"Kalau orang tidak suka, tidak sukalah," katanya.

Baru-baru ini, Dr Mahathir juga secara terbuka mengakui gagal mengubah kaum Melayu yang dianggap sebagai pemalas.

Baginya, untuk kaum Melayu berjaya, mereka perlu menjadi lebih rajin dan tekun, serta mengubah cara bekerja.

"Kita kena kerja lebih tekun, lebih kuat dan lebih rajin.

"Macam saya perkenalkan Dasar Pandang Ke Timur kerana saya perhati orang Jepun rajin bekerja," katanya.

Zahid: I'm not racist, just defending Malay rights

Umno vice-president Ahmad Zahid Hamidi, who has been championing the four key thrusts printed in the Federal Constitution as the national social contract, today said that he was not being racist or trying to deny the rights of other races.

Instead, he said he just wanted to uphold the rights and privileges of the Malays in the country.

The four main thrusts were Islam as the official religion in the federal region, sultan as constitutional rulers, Malay rights and Malay language as the national language.

"They (other races) want equality and what we want is fairness. Why matters concerning our rights, which are clearly stated in the constitution, should be questioned? Are we racist if we try to defend our rights?

"Only the Malays can defend the rights of the Malays, but while doing so, we are not denying the rights of other races," he said when opening the Parit Umno divisional delegates' meeting.

Zahid said, right now, there were certain quarters who were trying to disturb the four key thrusts, especially after witnessing several disputes that had caused disharmony among the Malays.

"Let's stop fighting, no matter whether we are in Umno, PAS or PKR. We, as Malays, should stand united to defend the four key thrusts because they were too valuable and we don't want to be deleted from the constitution," he said.

He also called on Umno members to set aside their differences and take initiatives to close ranks in a bid to assist the government in helping the people.

Meanwhile, Zahid, who is also home minister, also stressed that any quarters who tried to question and disturb the four key thrusts could be investigated under the Sedition Act 1948.

- Bernama

 

Makin parah…Nasrudin Tantawi dakwa PasMa rancang nak jatuhkan Haji Hadi

Rosli Ismail, Agenda Daily

Hari demi hari yang pasti belum ada langsung tanda-tanda ketegangan dalam PAS dan begitu juga hubungan parti itu dengan PKR dan DAP makin reda.

Buktinya baca sendiri tulisan Ahli Parlimen PAS Temerloh Nasrudin Tantawi dibawah tajuk Pasma: Timbulnya Sebuah Kapal Selam di laman facebooknya petang Ahad.

Baru saja pada pada 9 September ,Nik Abduh anak kepada Musyridul Am PAS Datuk Nik Aziz Nik Mat cetus sensasi di facebooknya menerusi tulisannya ‘ Siapa Pengkhianat?’ dalam isu Menteri Besar Selangor.

Kebetulan kedua-dua mereka ialah Ahli Jawatankuasa Pusat PAS dan diketahui umum adalah ‘panglima’ Presiden PAS Datuk Seri Haji Hadi Awang.

Kebelakangan ini mereka berdua terus menerus menghalakan senapang kearah gelagat degil PKR dan DAP serta tindak tanduk sesetengah pimpinan PAS yang tidak mahu mendokong pendirian Haji Hadi dalam isu Menteri Besar Selangor.

Apapun isu ini sudah menjadi bertambah hangat sekarang dengan pendedahan Ketua Angkatan Muka Keadilan (PKR) ,Nik Nazmi Nik Ahmad mengenai pertemuan beliau bersama Ketua Pemuda PAS dan DAP dengan Haji Hadi pagi Jumaat lalu

Presiden PAS itu bukan sahaja tidak berganjak malah secara terbuka memberitahu mereka beliau merasakan jalan keluar kepada krisis Menteri Besar ini ialah Tan Sri Khalid Ibrahim dikekalkan pada jawatannya.

Ini membuatkan ramai pemerhati meramalkan Muktamar PAS yang dijadual berlangsung di Batu Pahat dari 18 hingga 20 September ini pasti hangat dan tegang.

Melihat pada senario yang makin kusut ini mungkin ramai tidak terkejut mendengar dakwaan terbaru Nasrudin.

Dakwaan itu mengambarkan krisis dalaman PAS akibat dari isu Menteri Besar Selangor sudah sampai ke tahap yang serius dan genting.

Semua orang sudah tahu tentang kewujudan PasMa yang didakwa oleh penerajunya cuma sebuah NGO dalaman parti itu.

Sebaliknya Nasrudin secara terbuka mendakwa dalam tulisan di facebooknya bahawa PasMa bukan sebuah NGO yang berorientasikan kebajikan.

“Ia adalah sebuah NGO yang diluncur ke tengah arus politik tanahair dengan sentimen dan agenda politik tersendiri,” dakwanya.

Nasrudin mendakwa satu pertemuan yang diadakan Pasma di Kota Bharu pada 31 Ogos lalu telah membincangkan bagaimana hendak menjatuhkan Presiden PAS.

Dakwanya pertemuan itu sarat dengan perbincangan dan kritikan terhadap Haji Hadi.

Juga dakwanya pertemuan itu membincangkan rancangan untuk menubuhkan sebuah parti baru bagi mengantikan PAS dalam Pakatan Rakyat.

Beliau mendakwa parti itu barangkali dinamakan Parti Ummah Sejahtera.

Bagaimanapun salah seorang yang mendakwa hadir dalam pertemuan itu menulis komen dalam facebook Nasrudin dibawah tulisan berkenaan menafikan mereka bincang rancangan untuk menjatuhkan Haji Hadi.

Katanya dakwaan Nasrudin itu fitnah dan meminta ia dihentikan.

Orang itu mengakui Presiden PAS dihentam teruk dalam pertemuan itu dan mereka bersetuju kepimpinan PAS termasuk Presiden harus ditukar tetapi tidak sampai peringkat bincang strateji menjatuhkan Presiden.

READ MORE HERE

Scorpene case will be a long drawn out affair

The indictment of the former French President and Najib becoming PM were cited as reasons for the delay.

PETALING JAYA: Suaram is asking the public to be patient over the Scorpene scandal as the French
Courts’ investigation is expected to be a long drawn out affair.

Cynthia Gabriel of Suaram explained that among the reasons for the delay was Najib’s rise to the post of prime minister of Malaysia. She said this development complicated things for the French investigation as he could no longer be subpoenaed due to the diplomatic immunity accorded to him.

She also cited the recent indictment of former French President Nicolas Sarkozy as another reason because one of the two judges in the Scorpene case was moved to Sarkozy’s corruption investigation.

Gabriel said, “Some people have decided there is no case. But there is a strong case here and it is still in progress. We are entering into the third year of the case.

“After 2012, the case was elevated to a higher court in the French judiciary system, ‘Tribunal de grande instance’ parallel to the High Court of Malaysia.”

Gabriel added, “The case was elevated to the higher courts with two new independent judges appointed, who also act as investigators as the case was getting more complicated.”

According to Gabriel, Suaram’s initial complaint of RM146 million as a service charge to Perimekar Sdn Bhd raised further questions and revealed a complex web of illicit transactions involving Malaysian companies set up in Hong Kong.

Among the companies were Terasasi (Hong Kong) Ltd, owned by Abdul Razak Baginda, a political analyst and confidant of Prime Minister Najib Razak.

Terasasi is alleged to have sold secret documents belonging to the Royal Malaysian Navy to French ship builders Thales Group.

Terasasi is also alleged to have received payments for the transaction from Luxembourg, Malta and Belgium, according to documents released by French prosecutors.

Gabriel recalled warning the press back in March 2012 that the probe on Scorpene was going to be a long drawn out affair, but felt it was important to remind the public that the “journey to reveal the truth” that started in 2010 is still very much on course.

Suaram first filed the complaint in the French judiciary in February 2010, enquiring about the formation of Perimekar after shipbuilding giant DCNS signed the deal with the Malaysian Defence Ministry, then headed by Najib.

Gabriel said, “A similar Pakistani case which involved the same French companies, took about 12 years to conclude.

“It’s going to be about the same time frame for us.

“It’s going to be a crazy wait.”

Have we wasted 51 years in nation building?

For five decades, Sabahans and Sarawakians have been taken for granted and their development forgotten.

By Zainnal Ajamain

In theory democracy is an appealing idea. In practice it is far from perfect.

There are people who take the cynical stand that democracy is the tyranny of the majority. In fact, that is what the people in Sabah and Sarawak have suffered in our quest to build a nation for 51 years.

The Malaysia project was never a merger of states into a complete country but a work in progress towards the building of a federation called Malaysia. This was what our founding fathers believed in and what we have been made to believe for 51 years.

The unfortunate thing is that the Malaysia project is looked upon by many as a way to sustain and maintain an elite class made up of people who are not democratically elected to be in office.

It was not the people of Malaysia that elected the Prime Minister, but a small group of people in a political party that did. As such, the Prime Minister needs only to satisfy the demands of this small group at the expense of others.

Therefore forget about seducing the people with promises that once in Putrajaya, all our problems can be resolved. Thinking this way is delusional; societies cannot simply be engineered or manufactured to suit a particular circumstance. Societies must be given a chance to evolve organically and find its own equilibrium.

It looks like we have wasted 51 years trying to build a nation.

Instead of a multi-cultural nation, we have ended up with loony supremacists and religious bigots who can only show their mob strength domestically but are out-performed and out-classed internationally.

Is this not the result of the untiring work of a benevolent despot whose objective was to establish the perception of racial supremacy based on religious beliefs rather than on the intrinsic strength of its own cognitive faculties?

These people are useful only as long as their minds are wrapped in ignorance and their lives are manipulated to serve the elite’s craving for more power. They can never understand that Malaysia is dependent on other countries.

The only strength a country has in facing global challenges is its people and the value of their intelligence. For Malaysia, this can happen only when all Malaysians stand as one, not as a slogan but as a country. Failure to understand this means the country can be easily threatened and manipulated by others for their own purposes.

Certainly Sabah’s and Sarawak’s founding fathers did not bargain to build a nation of religious zealots and bigots. They did not bargain to be manipulated and taken advantage of, and certainly they did not bargain for their wealth to be pillaged and plundered as an excuse to build this nation.

They agreed to Lord Cobbold’s definition of Malaysia: “Malaysia should be regarded by all concerned as an association of partners, combining in the common interest to create a new nation, but retaining their own individualities.”

Is Malaysia today an association of partners? Do we have a common interest to build a nation? Do Sabah and Sarawak, as partners, still retain their individualities?

We in Sabah and Sarawak have been denied many things these past 51 years, but manipulating our societies and, specifically, the minds of our youth, is unforgivable.

We have been unconscionably taken for granted and our development forgotten. Malaya is prospering at our expense.

It cannot be denied that it is our wealth that has caused all these ills and stunted Malaysia’s growth as a nation. It is our intrinsic right to take it away legally.

We have allowed Malaya and its elites to determine the pace and direction of nation building. However the present corps of intellectuals in Sabah and Sarawak are not interested in compromise any longer. If ever we consider rebuilding Malaysia, it should be from our perspective and by our standards, not the vision and standards set by Malaya and its elites.

There is obviously no beauty in division and there is no strength in unity as well. Democracy for all intents and purposes has proven to be the tyranny of the majority.

A nation is built through hard work and perseverance, not by protecting and pampering the majority at the expense of others.

Japan did it, Korea did it and Singapore did it. Why should Malaysia be an exception to this rule?

Happy Malaysia Day.


Zainnal Ajamain is an FMT reader and an economist by profession

Four detained over UPSR leaks

Home Minister says UPSR culprits will not be protected.

BUTTERWORTH: Police today detained four teachers during a raid in Penang and Parit Buntar, Perak over the leakages in the Ujian Pencapaian Sekolah Rendah (UPSR) Science and English examination papers.

Home Minister, Ahmad Zahid Hamidi said the police had opened an investigation paper and were liaising with the education ministry to jointly carry out a detailed probe into the leakages.

Saying police would not protect the individuals or senior officers involved in leaking the exam questions, Zahid added, “More information will be unearthed by the police, especially on the method of distribution of question papers of not only UPSR, but also other examinations.

“The education ministry and the Malaysian Examinations Syndicate have given us much information to facilitate investigations.

“I wish to give my assurance that the police will not do a cover-up on any individual or senior officer involved in the leakage,” he told reporters after opening the Batu Kawan Umno division delegates meeting here today. - Bernama

Cabinet on Wednesday should order a halt to the “white terror” intensified in the past month using the colonial law of sedition to create a new climate of fear after the Mahathir “Dark Age” as it is totally against Najib’s promise to make Malaysia “best democracy in the world”

I welcome the courageous stand taken by the Minister in the Prime Minister’s Department Dato Sri Idris Jala who is the first Cabinet Minister to openly speak out against the sedition charge against Universiti Malaya law lecturer Dr. Azmi Sharom.

Idris said the charge against Azmi was wrong and that the law professor should not be charged for sedition.

In a series of Twitter postings yesterday, Idris said: “Academic freedom is required in pursuit of knowledge.”

Stressing that Malaysia must continue to pursue moderation, Idris twittered: “Constructive criticism and dissent should be allowed, as long as it does not create serious fault in the social fabric of our society.”

Although admirable and commendable for daring to speak out against Azmi’s sedition charge, it is a great pity that Idris did not have the full courage of conviction that constructive criticism and dissent are lifeblood of any meaningful transformation of Malaysia to take an equally forthright and courageous stand against the sedition blitz intensified in the past month to stifle criticism and dissent which saw the malicious prosecution and persecution of some 20 Pakatan Rakat Members of Parliament, State Assemblymen, a journalist, a lawyer, an academician and several social activists under the undemocratic and repressive colonial law of sedition.

Nonetheless, Idris stands out as the lone and courageous Minister so far to speak out against the “white terror” intensified in the past month using the colonial law of sedition to create a new climate of fear in the country after the Mahathir “Dark Age”.

What about the other Ministers? Are they all craven and cowardly who dare not speak out against the sedition dragnet against virtually all and sundry who are not on the side of the powers-that-be, to strike fear among the citizenry that they will have to pay a heavy price if they stand up for justice, fair play, multi-racialism, human rights, democracy, rule of law and good governance?

It is these values and issues of justice, fair play, multi-racialism, human rights, democracy, rule of law and good governance which will decide whether Malaysia regresses into a backward, authoritarian and police state or moves forward to a more free, democratic and prosperous future.

All Cabinet Ministers should therefore take a stand at the Cabinet meeting on Wednesday to order a halt to the “white terror” intensified in the past month using the sedition law to create a new climate of fear after the Mahathir “Dark Age” as it is totally against the Prime Minister Datuk Seri Najib Razak’s promise to make Malaysia “the best democracy in the world”.

In the national interests, is Idris prepared to take the lead for the charge in Cabinet on Wednesday to end the reign of “white terror” intensified in the past month through the undemocratic, repressive and indiscriminate use of the colonial sedition law?

(Speech at the Johor Jaya DAP Pesta Tanglung in Johor Bahru on Saturday, September 13, 2014 at 9 pm)

Government Policies On Right Track, Effective - Muhyiddin

SUNGAI SIPUT, Sept 14 (Bernama) -- Government policies formulated by past leaders and continued by current leaders are on the right track and have been effective, said Deputy Prime Minister Tan Sri Muhyiddin Yassin.

He said this was evident with the country's numerous success, including recognition at international level, while the nation's policies has also been emulated by other countries.

"We have carried out the national socio-economic development agenda which turned Malaysia into a fast developing nation," he said when speaking at the opening of the Sungai Siput Umno division delegation meeting and the new Sungai Siput Umno division building here Sunday.

Also present were Perak Menteri Besar Datuk Seri Dr Zambry Abdul Kadir and Sungai Siput Umno division head Datuk Mohd Zolkafly Harun who is also Lintang state assemblyman.

Muhyiddin who is Umno deputy president said economic experts have also anticipated Malaysia to reach developed nation status earlier as economic growth and household income has increased as well as better employment opportunities.

Muhyiddin said if Malaysia had been unruly, it would not be possible to record rapid economic growth as enjoyed by the people of all strata, now.

"We need to be grateful to the policies put in place by our leaders and government which we will continue to improve and strengthen," he said.

He said Umno also needed to continue its struggle with its partners in Barisan Nasional so that peace and prosperity we enjoy today can be preserved for the future generation.

Meanwhile, Muhyiddin who is also Education Minister approved the application of Sungai Siput Umno division to build a fully residential religious school in the area.

Dr Mahathir defends ‘Malays are lazy’ remark, says they prefer to be Mat Rempit

Tun Dr Mahathir Mohamad defended his criticism of Malays, admitting that he was ashamed that they had been left behind by the forward-thinking Chinese community.

Malaysia's longest-serving prime minister said the Malays were still lazy, citing the gender imbalance at institutions of higher learning where the majority was women.

"The Malays are lazy, they are not interested in studying and revising. If we go to the universities, 70% of the students are women, where are the men?"

"They prefer to become Mat Rempit, that is why I said they are lazy," Dr Mahathir told Umno mouthpiece Utusan Malaysia in an exclusive interview published today.

Earlier this week when launching a book, Dr Mahathir had lamented that Malays do not feel ashamed of failures anymore.

He had admitted that he failed to change the mentality of the Malays in his 22 years as prime minister.

"I spend 22 years trying to change the Malays but I admit I failed. However, there are a few success stories," he said in his remarks after launching a book by Anas Zubedy on Thursday.

"If anyone asks me today, I would have to say Malays are lazy," he had said.

Dr Mahathir said although the Malays had been awarded places in institutions of higher learning, but they did not make full use of their time to focus on their studies.

"I am ashamed when I see the Chinese students studying three different languages but still have a better grasp of the English language compared to their Malay peers.

"The Malays study two languages, Bahasa Malaysia and English, but they keep saying all right, that is enough, no need to learn English anymore."

Dr Mahathir was referring to Putrajaya's decision to abolish the teaching of Science and Mathematics in English, which he had introduced in 2003.

The former Umno president said it was disappointing that the Malays were dishonest and lacked integrity because they prioritised money more compared to the Chinese.

Dr Mahathir said he was operating a bakery and had various staff working for him, including Chinese, Malay and Myanmar nationals.

"However, what I am ashamed of is that when some Malay workers see money, they forget themselves and their values.

"They see money and if they can steal it, they steal it. The Chinese are not like this," Dr Mahathir told the weekend edition of the paper, Mingguan Malaysia.

He also raised the issue of Malay attitude when it came to debts, saying they could afford to repay their debts but refused to do so.

"How many Malays are there who refuse to settle their debts? They receive scholarships and student loans but refuse to pay back.

"This is not a question of being unable to, they have the money but just refuse to honour their commitments. We must be honest."

Dr Mahathir said this was one of the factors why many contracts had been awarded to the Chinese community because they were more honest than Malays.

"When we issue a contract, we give it to the Chinese because we know they will keep their word and do a good job. That is the weakness of the Malays, we lack honesty."

Dr Mahathir admitted that he had criticised the Malay community because he did not want to lie to himself and it was better to face up to reality.

"I do not like to delude myself or lie to myself. I will call a spade a spade. If some people do not like what I say, it is their choice.

"Why did I introduce the Look East policy in 1982? It was because I admired the Japanese for their attitude towards work," Dr Mahathir said. – September 14, 2014.

Pakatan failed to be alternative to Barisan, says Najib

Datuk Seri Najib Razak took a swipe at the opposition today, saying Pakatan Rakyat has failed in its attempt to be the alternative to the ruling coalition.

The prime minister said there is no “viable alternative” to the BN as the opposition has failed to copy the ruling party’s formula in promoting cooperation and mutual respect between all races.

"The opposition tried to imitate us. But in Selangor, the political understanding between the three parties has broken down," Najib said when opening Makkal Sakti’s annual meeting at the Putra World Trade Centre in Kuala Lumpur.

Comparing Pakatan with BN, Najib said the ruling coalition has 13 parties and many other parties which it regarded as “friends of BN”.

"We are sincere and we want to achieve our mission together because we believe in power sharing, in the National Transformation policy, one Malaysia and New Economic Models," said Najib.

He said this is what BN is all about despite the accusations levelled at the coalition in social media and in the opposition’s campaign before and after the 13th general election.

"But today what we can see is they tried to be the alternative to BN but they failed," he said.

Najib said for a better future for the nation, there was no other viable option or alternative to BN.

"Imitation goods are not better than originals, originals are way better," he said.

Najib also said that he may not be able to fulfil all “requests” as he has to be fair to everyone.

“I may not able to satisfy and fulfil all but I have to be fair to every party. I have to take into consideration everything before making a decision. There are things that I can do and there are things that I cannot do.”

He said this was the way BN ruled the country.

The prime minister also touched on the goods and services tax (GST) which will be implemented next April. He said if the government raised more revenues, it was easier to help the people.

"Many of us are not paying tax. We cannot afford to sustain our increasing expenses. Our aim is not to burden the rakyat. GST is for the future of the rakyat. The more we make, the easier it is for us to channel aid to assist the rakyat.”

He pointed out that 162 countries have implemented the GST and Malaysia’s rate will be among the lowest at 6%.

"This is our way of managing the country. Having populist policies are not enough to rule the country.

"If we do business, we cannot give everything for free or else we will go bankrupt."

Najib said BN was a responsible party and even though it may not be able to fulfil all requests, it could ensure a brighter future for Malaysians.

Critics of the GST have claimed that the consumption tax would hit low- and middle-income earners but Najib’s administration claimed it was necessary to trim the national deficit.

MAS MH198 to Hyderabad forced to turn back, emergency landing in KLIA

Malay Mail

A screengrab from Flightradar24’s Twitter feed showing MAS flight MH198's forced u-turn.

KUALA LUMPUR, Sept 14 — Malaysian Airlines (MAS) flight MH198 from Kuala Lumpur to Hyderabad, India was forced to turn back and made an emergency landing at the Kuala Lumpur International Airport shortly after its departure last night after its crew detected a problem, global flight tracking agency Flightradar24 tweeted.

The Boeing 738 plane, which took off at 10.20pm last night, landed without incident at 2.01am today, MAS said in a statement posted on its website.

The national carrier attributed the cause for the turnback to a "technical problem" but did not go into specifics.

"The defect did not have any impact on the safety of the aircraft or passengers, however as a precautionary measure, the operating Captain decided to turn back," MAS said.

It added that the passengers aboard disembarked safely and have been provided with accommodation at hotels nearby the airport.

It also said Flight MH198 has been rescheduled to operate as MH198D and will leave the city at 12 noon today. The rescheduled flight is expected to land in for Hyderabad at 1.35pm local time today.

News of the unexpected emergency landing was first reported by Flightradar24, which said the plane started maintaining a holding position shortly after take-off and burnt fuel to prepare for an emergency landing.

"Yeah I was on #MH198 apparently some issues with their radio & they had to land manually after burning out fuel," a Twitter user posted on the microblogging site under the handle ‏@im_not_sana.

The late night incident follows two air disasters for MAS this year, the first being the mysterious disappearance of Flight MH370 from Kuala Lumpur to Beijing on March 8.

More recently was the shooting down of Flight MH17 over Ukraine on July 17, killing all 298 people on board.

PM: K'jaan tak tergesa-gesa mansuh Akta Hasutan

Rotherham MP Opposed Call for Inquiry into Mass Sex Abuse

It has emerged Labour Members of Parliament in the North of England may have conspired to ignore the abuse of young girls by Pakistani grooming gangs because of the "vast reservoirs" of votes the "Kashmiri Muslim" community afforded them, and that crucial detailed evidence about the scandal has "disappeared" from archives.

A local MP has confided the abuse remained unspoken of for so long because "there was a culture of not wanting to rock the multicultural community boat, if I may put it like that". A culture of intimidation locally may have also played a part.

Although reports about child sexual abuse began to surface relatively regularly in the national press in 2011, a year later when John Healey, a Labour MP local to Rotherham, received a letter from a constituent expressing concern he dismissed it. London newspaper The Times reports today that the man, an engineer, wrote to his MP in 2012 to inform him locals were “deeply disturbed by what . . . is happening in Rotherham”.

The constituent asked whether Healey, MP for the area since 1997 (also believed to be the year the abuses of the 1,400 girls in Rotherham began), would "call for an investigation of all parties at fault", meaning local child protection agencies and police as well as the perpetrators. Healey replied" "I am not sure an inquiry would help the girls and their families, especially if it focuses solely on Rotherham and on Asian men grooming white girls".

A reluctance to focus attention on the perpetrators of these crimes for reasons of "community cohesion" or electoral expediency appears to be a common theme. Former Rotherham MP Denis Macshane who was first elected in 1994 but resigned in 2012 prior to a six month jail sentence for expenses fraud, has admitted his political leanings stopped him from addressing the problem.

Speaking to the BBC, Macshane said he was aware of illegal incest and "the oppression of women within bits of the Muslim community in Britain" but turned a blind eye. He admitted: "Perhaps yes, as a true Guardian reader, and liberal leftie, I suppose I didn’t want to raise that too hard". The Times reports him as having said: "I, like so many MPs, preferred to keep silent on some of the dirty secrets about bad practices in the Kashmiri Muslim community", a community that supplies "vast resevoirs" of votes at election time.

Blaming the abuse on British culture, and linking the Rotherham abuse gangs to celebrity groomers, he said: "Nobody pursued Jimmy Saville, nobody pursued Rolf Harris, nobody pursued Cyril Smith… There is in our country, just a dreadful culture and I wouldn’t pick particular on one ethnic community but it is a real problem, it’s a longer story about the nature of that community, their sexual relations, and the way they treat women".

The first Times report from 2011 which referred to a place in "Northern England" where local sources "are so scared of reprisals that their town must not be named" went some way to explain why the abuser's own community didn’t reveal their activities, which were often conducted in broad daylight.

The article refers to comments by the community sources, who speak of the "widespread view that betraying members of one’s own community to the police would be an even greater sin than child sexual exploitation." White girls are targeted by such men because "if they did it to a Muslim girl, they’d be shot".

As the parliamentary inquiry into the conduct of local agencies and authorities continues questions have been asked of the competency of the very bodies that were supposed to protect the abused. During the questioning of resigning Rotherham chief executive it emerged that an important and detailed piece of evidence, a 2008 report on child abuse has “disappeared” from the council’s archives.

The inquiry continues.

UK Muslima, a doctor, happily poses with severed head: “Dream Job”

Yet another jihadist gets the crazy idea that “when you meet the unbelievers, strike the necks” (Qur’an 47:4) means “when you meet the unbelievers, strike the necks.” Obviously only someone who knows nothing about Islam could make a mistake like that.

And she is a doctor to boot. Doesn’t Mujahidah bint Usama know that poverty causes terrorism?
“Jihadi DOCTOR stands with severed head in her hand as kids look on in horror,” by Sophie Alexander, Daily Star, September 8, 2014:

A BRITISH doctor and suspected jihadi holds aloft a severed head while two children look on in horror.
The sickening snap is posted on Mujahidah Bint Usama’s Twitter page and shows her wearing a white lab coat, veil and holding her arm outstretched, with what appears to be a decapitated head.

The photo is captioned “Dream Job.. A Terrorist Doc” which she has added a smiley face song and two hearts to.

On the description of herself she has a quote from Anwar al-Awlaki – a high profile terrorist for al-Qaida.

It reads: “Running away from Jihād will not save you from death. You can die as a coward or you can die as a martyr.”

The jihadi is just one of a frighteningly increasing number of British women who have travelled to Syria and Iraq to fight for the IS.
Many have been put in charge of stamping out “immoral” behaviour at the centre of the terror group.

They have joined the feared al-Khansaa brigade – an all female force intent on hunting down those who do not strictly follow sharia-law.

They brigade operates in Raqqa – the Syrian city where the IS set up its headquarters and close to where American hostages James Foley and Steven Sotloff are believed to have been executed.

A key figure in the al-Khanssaa brigade, according to researchers at the International Centre for the Study of Radicalisation (ICSR), based in King’s College in London, is Aqsa Mahmood, a 20-year-old woman from Glasgow who fled to Syria in November last year.

She rose to notoriety for praising the killers of drummer Lee Rigby and recently posted on social media: “If you cannot make it to the battlefield, then bring the battlefield to yourself.”

A group of four British women have used Twitter to express their interest in joining the unofficial sharia police force.

One of them – known only as Umm Farriss – arrived in Syria in February and posted a photo online of her suicide bomb.

Sixteen-year-old twins Salma and Zahra Halane are both thought to have married jihadists since fleeing their Manchester home in June.
Sally Jones, 45, ran away to wage jihad with her tomboy husband, Junaid Hussain, 20.

She is thought to have snuck into Syria at the end of last year after an online romance with computer-hacker Hussain.

Jones, recently tweeted a message saying: “You Christians all need beheading with a nice blunt knife and stuck on the railings at Raqqa. Come here. I’ll do it for you!”

Raja dan Islam

Islam tidak pernah menetapkan bentuk sesebuah negara untuk dikatakan sebuah negara Islam. Sistem beraja pernah dan masih menjadi bentuk sebuah negara yang tertegak di dalamnya nilai dan perundangan Islam.

Sebuah negara demokrasi juga boleh menjadi pemerintahan Islam, begitu juga sebuah negara republik tidak menghalang tertegaknya pemerintahan Islam di dalamnya.

Islam dan pemerintahan menjangkau perbahasan bentuk dan format, kerana nilai pemerintahan yang bermatlamatkan keadilan adalah tanda aras kepada sebuah pemerintahan.

Tidak ada maknanya walau apa nama negara yang dibentuk, tetapi keadilan dikesampingkan waima nama negara itu dinamakan dengan nama Islam sekalipun.

Raja atau Sultan merupakan individu yang memainkan peranan besar menjelmakan nilai pemerintahan Islam dalam dunia dan alam Melayu.

Peranan besar yang dimainkan ini berjaya membentuk institusi kesultanan atau institusi beraja yang sinonim bentuk perlindungan kepada kedaulatan Islam sehingga mereka menamakan diri mereka sebagai Zillullah Fil Ardh atau “Bayangan Allah di Bumi”.

Walaupun tradisi beraja sejak zaman pra Islam memakai konsep ini dengan kesesuaian dogma kepercayaan waktu itu, konsep figura suci raja-raja setelah datangnya Islam diberi makna baru kepada perlindungan syariat dan menegakkan keadilan dalam kerangka syariat Islam.

Transformasi sistem kesultanan kepada kerangka Islam tidak syak memainkan peranan Islam dijelmakan dalam bentuk kedaulatan sebagai kerajaan. Oleh kerana Islam tidak mengenali perpisahan antara kerajaan dan agama, maka ulama sebagai institusi menjadi penasihat supaya raja-raja Melayu tidak tergelincir daripada ajaran Islam.

Namun hubungan Islam dengan kesultanan kadangkala dicemari kebimbangan tidak dapat mengekalkan status-quo kuasa, dengan kata lain faktor kuasa dan kecenderungan mempertahankannya termasuklah mereka yang mendapat manfaat menumpang kuasa kadangkala mengabaikan nilai utama pemerintahan, iaitu hak kebebasan bersuara dan menegur pemerintahan.

Pertembungan antara melindungi kuasa dan memberikan hak bersuara sering menyaksikan natijah yang lebih berpihak kepada melindungi kuasa lebih diutamakan.

Kebebasan bersuara yang dianggap tidak banyak berpihak kepada kepentingan dapat terus berkuasa akan berpotensi diabaikan, malah kadangkala dibenamkan.

Demikian halnya dengan apa sahaja bentuk kerajaan yang wujud dahulu dan sekarang, konflik antara memberikan hak kebebasan bersuara dan menjaga kepentingan kuasa akan membentuk hubungan yang menekan antara kerajaan dan rakyat.

Hari ini negara kita memeluk konsep dan bentuk negara yang mengamalkan demokrasi berparlimen, di mana institusi beraja mempunyai kuasa dalam kerangka perlembagaan yang mendefinasikan kuasa Raja atau Sultan.

Istilah yang digunakan ialah Raja Berperlembagaan. Hakikat bahawa institusi beraja dipandu oleh perlembagaan membezakan kita dengan konsep absolute monarchy atau “raja mutlak” yang mempunyai kuasa penuh ke atas perjalanan kerajaannya.

Apapun status raja dalam kategori kuasa, Islam meletakkan beberapa prinsip asas dalam memahami konsep pemerintahan demi memelihara nilai kebebasan bersuara supaya tidak diabaikan dan dibenamkan.

Hak bersuara sebahagian daripada maksud kemuliaan insan yang diiktirafi oleh Islam dalam Al Isra’ ayat 79.

Prinsip asas ini mestilah dipatuhi dan dibela oleh kerajaan dan rakyat kerana antara mempertahankan kuasa yang dimiliki oleh kerajaan dengan mempertahankan hak kebebasan bersuara maka mempertahankan hak kebebasan bersuara adalah lebih utama, kerana kerajaan dengan kuasanya boleh datang dan pergi tetapi hak kebebasan bersuara akan kekal selamanya.

Justeru Islam meletakkan beberapa prinsip asas:

1. Kekuasaan mutlak (absolute and eternal) hanyalah pada Allah yang menentukan kuasa kepada siapa yang Dia dikehendaki. Segala kuasa lain termasuk kuasa kerajaan atau raja hanyalah sementara yang dipinjamkan. Segala sesuatu yang sementara (temporal) bermakna kuasa mereka mestilah dilaksanakan mengikut kehendak dan perintah pemilik mutlak. Jika ‘peminjam’ membuat sesuatu luar daripada ditetapkan, maka menegur kerajaan atau raja tidak boleh dianggap derhaka malah merit teguran itu mesti diadili atas neraca Allah yang mempunyai milik mutlak kuasa.

2. Sahsiah figura atau ketua negara atau apa sahaja istilah yang digunakan seperti perdana menteri, presiden atau raja bukanlah suci daripada sebarang kesalahan, dan kerana itu keperluan menegur adalah sesuatu yang pasti. Menganggap mana-mana figura yang berperanan sebagai ketua tidak boleh ditegur kerana kemaksumannya atau sakralnya adalah khurafat besar yang mesti dihapuskan. Budaya Melayu mengajar kita dari kata-kata Hang Jebat yang malangnya dikaitkan dengan penderhakaan, “Raja adil raja disembah, raja zalim raja disanggah.”

3. Raja, perdana menteri atau presiden adalah aparatus untuk menegakkan keadilan dan membela hak kepada yang berhak. Apabila aparatus atau alat gagal berfungsi untuk melaksanakannya, maka teguran untuk membetulkan aparatus itu perlu dilakukan kerana tidak mungkin ‘alat’ lebih besar dari matlamat apabila menegur ‘alat’ dianggap derhaka dan tidak patriotik.

4. Kuasa dan bebanannya bukanlah kepada kenikmatannya tetapi kuasa dan bebanannya adalah kepada menjalankan tugas dengan penuh tanggungjawab dan insaf. Raja atau perdana menteri berada pada tempatnya untuk menjadi contoh unggul, dan paling utama akhlak seseorang raja ialah berendah diri dengan kuasa dan menjinakkan kuasa yang ada pada dirinya, dan bukan dijinakkan kuasa lalu menjadi hamba kepada kuasa. Apabila Raja atau perdana menteri menjadi hamba kuasa maka bertakhtalah ia di hati, maka rakyat akan menjadi mangsa sebagaimana kisah Sultan Mahmud memenuhi nafsunya. Raja yang rendah diri dengan kuasanya dan sedia ditegur adalah raja yang berhati di jiwa rakyat dan apabila seseorang berada di hati kita, maka hubungan raja dan rakyat adalah hubungan kasih.

Islam menentang sikap kuku besi kerana segala nilai kebebasan menegur dan mengkritik secara membina tidak akan menemui cahaya harapan. Berbeza dengan set minda doktrin yang mengangap kritikan kepada raja adalah penderhakaan, Islam meletakkan kritikan kepada raja sebagai kasih untuk menyelamatkan ketua dan untuk memelihara kepentingan umum.

Rasulullah bersabda, “Tolonglah saudara kamu yang zalim atau yang dizalimi”, berkata seorang lelaki, “Wahai Rasulullah, aku akan menolongnya jika ia dizalimi, bagaimana pula aku akan menolongnya jika dia seorang yang zalim?” jawab baginda, “Engkau boleh menahannya daripada melakukan kezaliman, maka yang demikian bererti engkau menolongnya” (Riwayat Bukhari)

Hubungan raja dan rakyat adalah hubungan kasih dipandu ajaran agama Islam yang suci kerana raja dan rakyat berpisah tiada seperti umat dan syariat terikat padu bagaikan satu.

#HapuskanAktaHasutan #SolidaritiUntukMangsaKebebasanBersuara – 13 September, 2014.

* Ini adalah pendapat peribadi penulis dan tidak semestinya mewakili pandangan The Malaysian Insider.

The Selangor MB crisis, beyond a matter of decorum

The Selangor Palace is clearly peeved by what they see as insolent and defiant conduct by two of the Pakatan Rakyat coalition parties – for refusing to supply more names for the Sultan's consideration for the post of Menteri Besar (MB).

To many, the obdurate stance of these parties is puzzling. Just give the two or more names and all will be well and over.

But will that solve the crisis? Or breed yet another?

In his 22 years as prime minister, Tun Dr Mahathir Mohamad informs, there has always been one name submitted to the monarch by the major party of the ruling coalition for the MB's post; the Sultan then constitutionally endorses the decision of the party in power.

Why then is there a departure in what should constitutionally be a routine selection and endorsement by the Sultan of the choice made by the current coalition in power in Selangor?

And what should be made of the contention that the Palace – in determining who commands the majority of the members of the state legislative assembly – can choose anyone whose name is not even provided by the majority party, and on the basis of a wide range of subjective criteria?

This seems to suggest that the Sultan has absolute discretion in choosing whoever he feels fits the criteria and that he is free to decide who commands the majority – even if there is a clear indication by the party in power of who is their chosen candidate and who commands the majority in fact.

Quite naturally it is always prudent, and indeed well known, that in submitting a candidate for the post of MB, parties invariably take into consideration the acceptability of the candidate to the Ruler.

This shows, said the late Sultan Raja Azlan Shah of Perak "the importance of the role of the Rulers even in matters in which they have no absolute discretion, even though at times their actions are difficult to justify". This averts any major constitutional crisis.

But as both Sultan Azlan Shah and our first prime minister Tunku Abdul Rahman noted, "The Rulers too should reciprocate;" "... and show their appreciation and play the role they are expected to".

This is really the nub of the matter.

In a constitution grounded in democracy, the respective players must play their part.

One runs the government on the basis of the mandate given in an election, the other ensures that the will of the majority is carried through, including in the choice of their leader to run the government.

In appointing the prime minister or the MB (as the case may be) – implied Raja Azlan Shah in an article written after he relinquished the highest post in the judiciary to become the Sultan of Perak ("The Role of Constitutional Rulers in Malaysia") – the Yang DiPertuan Agong (and by extension the Sultan) "is not completely free".

The Constitution requires him to appoint a member of the House of Representatives who in his judgement commands the confidence of the majority of the members of that House.

And there has not been any problem if (inter alia) the Sultan or the King endorses the decision made by the major party in the coalition. Because "when a party chooses its leader it is always with the understanding that if the party comes to power, he would be the PM" said Raja Azlan Shah.

A crisis emerges when these roles are confused and this does not take place.

The matter goes beyond hurt feelings over a lack of decorum? These can, and seem to have been, assuaged by appropriate apologies.

But upholding the basis of a functioning constitutional democracy – are these not the fundamental principles at stake? – September 12, 2014.

* Gurdial Singh Nijar is a professor of law at Universiti Malaya.

Court orders IGP to arrest Ridhuan, retrieve child

 

The High Court in Ipoh today directed Inspector-General of Police Khalid Abu Bakar to arrest K Pathmanathan @ Muhd Ridhuan Abdullah and retrieve six-year-old Prasana Diksa within seven days of the court order.

High Court judge Lee Swee Seng granted the order of mandamus (order to compel) the IGP to respond and make the arrest.

“It is hoped that with the mandamus order and the full resources of the state at the IGP's disposal, Indira will be able to see her child perhaps even before Malaysia Day, which is next Tuesday,” Justice Lee said.

The people have an expectation that the IGP, being the chief law enforcer, would execute his duties fairly and firmly, without fear or favour and that as we celebrate Malaysia Day, we can yet affirm that we are a country where the rule of law prevails, that no one is above the law, and that the court, as established under the constitution,does not act in vain,” he said.

The judge also noted that the Ipoh Syariah High Court had issued no order to execute the order on the police.

Justice Lee also refused senior federal counsel Nor Hisham Ismail’s application for a stay order.

The Ipoh hearing is the result of a review application filed by M Indira Gandhi in June to compel IGP Khalid to arrest Ridhuan and hand Prasana Diksa back to her mother.

The IGP or his representative had been ordered to answer to the High Court in Ipoh today to explain why he has not been able to make the arrest till now.

Although Justice Lee hopes that the order would be complied with before Tuesday, one of the orders allowed demands that the IGP to do so within seven days of the court order.

This was tweeted by one of the lawyers appearing for kindergarten teacher Indira, M Kulasegaran, in this unilateral conversion and custodial dispute.

It was reported on Wednesday that the Court of Appeal had refused to grant Ridhuan an extension of time to file his Memorandum of Appeal after it allowed an objection filed by Indira's lawyers that the contemptor (Ridhuan) cannot be heard in court.

Ridhuan can no more set contempt order aside

With Wednesday’s decision, Ridhuan has exhausted all his avenues to set aside the contempt order the High Court in Ipoh issued on May 30 to return Prasana Diksa.

Khalid had previously stated that the police could not comply with the civil court order as there is an Ipoh Syariah court order which granted custody to Ridhuan.

He had proposed “a middle path” in inter-faith custody disputes by placing the child in welfare centres until the situation is resolved by the courts.

Prasana Diksa was taken by Ridhuan in 2009, when she was just 11 months old when he converted to Islam, and later he converted the child to Islam.

Indira Gandhi and Ridhuan have two other children, a son and a daughter who are with the mother.The couple was married in 1993 according to Hindu rites.

Kulasegaran, who appeared with lawyers Aston Paiva, and A Sivanesan, expressed hope outside the court that Prime Minister Najib Abdul Razak would direct Khalid to carry out his obligations and duties.

He said the continued refusal of IGP Khalid to enforce the arrest warrant is misconceived and directly challenges the judicial process.

"To the best of my knowledge the open defiance by the IGP to enforce court orders is the first in the Commonwealth.

“The action of the IGP is uncalled for, unnecessary and conveys a wrong message to citizens. I am perplexed by the continuous stubbornness of the IGP in his refusal to enforce the court orders,” he said.

Kulasegaran also urged Najib to intervene and direct the IGP to carry out his obligations as set out in the Police Act.

He said in short the IGP is plainly flouting the law and who else other than the PM can order him to adhere to the court orders.

Failing this the people will lose confidence in the democratic institutions and process of the country,” he said.

Failing this the people will lose confidence in the democratic institutions and process of the country,” he said.

Kulasegaran said although the order on the IGP is for seven days, it the court will take sometime to produce it , technically it would take two weeks.

Indira Gandhi's case differs from that of S Deepa, in that her husband N Viran @ Izwan Abdullah, has a Seremban Syariah High Court order compelling the police to help retrieve his two children.

Ridhuan, despite given custody by the Ipoh Syariah High Court, faces no such order.

Will reports be made over Dr M's 'Malays are lazy'?

COMMENT So will right-wing Malay groups make a beeline outside police stations to file a battery of reports against former prime minister Dr Mahathir Mohamad?

What about the self-appointed defender of the Malays, Ibrahim Ali? What is the Perkasa chief's take on the scathing indictment of his race by the movement's patron?

And will Ikatan Muslimin Malaysia (Isma) chief Abdullah Zaik Abd Rahman sound the clarion call?

Last but not least, will the identity crisis suffering Ridhuan Tee Abdullah pen a vitriolic response to these "ultra kiasu" comments in his weekly newspaper column?

Speaking of Ridhuan, it is often suggested that the 89-year-old former prime minister, too, is afflicted by a similar condition.

Speaking at the book launch of ‘Wahai Melayu’ by entrepreneur Anas Zubedy yesterday, Mahathir systematically ran down the country’s majority ethnic group.

He called them "lazy", "unashamed of being failures" and accused them of "lacking integrity in handling money" and even went as far as suggesting that they are petty thieves.

Such derogatory remarks are far worse than calling Umno "celaka" and one wonders if Umno Youth would storm the octogenarian's house in protest.

Furthermore, aren't Mahathir's remarks considered seditious? Will the current sedition law dragnet include him as well?

This is not a call for the police to investigate the ex-PM under the Sedition Act but to point out the double standard and selective application of the law.

As for Mahathir, such racially-tainted statements come as no surprise, given his track record. He is known for his sweeping remarks and has, time and again, condemned Malays as he did the Jews last month.

When airing his views on the military strikes on Palestine, he had dismissed all Jews as evil following the brutal actions of Israel.

Never mind that many Jews around the world also protested against the Zionist regime.

Similarly, there are many Malays who are hardworking and possess immaculate integrity in matters of finance.

Contradictions

One observer quipped that perhaps Mahathir was using Umno leaders as the yardstick for his critique.

In the foreword of Anas’ book Mahathir penned, he again defended the New Economic Policy (NEP) and warned Malays against the perils of rejecting affirmative actions.

Is this not a contradiction?

On one hand, he supports a policy that provides a head start to its recipients of a certain race, who in return might slip into a comfort zone and lose their competitive edge.

And on the other hand, he accuses them of bone idling and not working hard enough.

Affirmative actions must be colour blind and be extended to those in a disadvantaged economic positionm irrespective of colour and creed.

In the case of the NEP, there has been much abuse over the decades, which have rendered the policy's aims unachievable.

As for Mahathir and his tongue-lashing, "lazy" he is not, "unashamed" he is not, but the jury is still out on whether the former prime minister of 22 years is qualified to broach the subject of "integrity".

Jangan tuduh Melayu malas dan tidak jujur

Pengerusi Majlis Gagasan Malaysia gesa Tun Mahathir menarik semula kenyataan mengenai orang Melayu kerana menganggap ia tidak adil untuk orang Melayu keseluruhannya.

PETALING JAYA: Pengerusi Majlis Gagasan Malaysia, Manivannan Rethinam membidas kenyataan mantan Perdana Menteri, Tun Dr Mahathir Mohamad yang mengatakan “Melayu malas” dan “Melayu tidak berfikir dua kali untuk mengambil wang yang bukan milik mereka”..

Menurutnya, kenyataan daripada Dr Mahathir itu tidak benar kerana ia seperti menuduh semua orang Melayu malas dan tidak amanah sedangkan hanya segelintir yang begitu.

“Secara peribadi, saya mempunyai ramai kenalan dan rakan dari kalangan orang Melayu yang jujur dan mempunyai nilai etika yang boleh dipandang tinggi.

“Kenyataan Tun Dr Mahathir yang mengatakan kegagalannya untuk mengubah orang Melayu daripada bersikap malas dan tidak amanah setelah 22 tahun memerintah adalah salahnya sendiri,” katanya dalam satu kenyataan kepada FMT.

Tegasnya, beliau mengesa supaya Dr Mahathir tidak membuat kenyataan melulu yang seolah-olah ditujukan kepada semua orang yang berbangsa Melayu.

“Jangan menuduh orang Melayu pemalas dan tidak jujur. Kenyataan mantan perdana menteri ini tidak sesuai buat masa ini kerana boleh melemahkan bangsa Melayu,” ujarnya.

Semalam dalam ucapannya di majlis pelancaran Buku #WahaiMelayu karangan Anas Zubedy, Dr Mahathir menyatakan pandangannya yang menyentuh tentang orang Melayu pada masa ini kurang amanah.

Menurut Dr Mahathir, setelah 22 tahun, beliau masih gagal untuk mengubah persepsi yang mengatakan orang Melayu malas dan kurang amanah.

Di dalam ucapannya juga, beliau mengatakan yang orang Melayu tidak malu jika gagal dalam peperiksaan mahupun gagal dalam kehidupan.

Sarawakians ‘confused’ over Merdeka Day

People in Sarawak feel that Aug 31 is not their day of independence.

KUCHING: Sarawakians on both sides of the divide are unanimous that Aug 31, the common day for Sabah and the peninsula, is not their Hari Merdeka (Independence Day).

Otherwise, they appear divided on what should be seen as their independence day.

The Sarawak Government, for the first time in 50 years, recognised July 22 as Sarawak’s Independence Day, which then Chief Minister Abdul Taib Mahmud referred to as Liberation Day.

The Sarawak Association for People’s Aspirations (Sapa), an NGO for Sarawak rights, has vowed that it will observe Sept 24 as the “real” independence day of Sarawak. That was the day in 1841 when the Sultan of Brunei ceded 3,000 sq mls around the Sarawak River in Kuching to English adventurer James Brooke.

From that day, Sarawak steadily expanded with more territory joining it until it reached its present size. Brunei escaped being swallowed up by Sarawak when the British stepped in and declared it as their protectorate.

Sapa President Lina Soo said that her NGO will urge all Sarawakians to observe Sept 24 as Fair Land Sarawak Day after the old Sarawak anthem, “Fair Land Sarawak”.

“Sarawak does not need to observe Aug 31 as it did not gain independence on that date,” said Soo whose organisation has the support of several other NGOs on not celebrating Aug 31.

Sept 24 is something new to other Sarawakians but her stand on Aug 31 has struck a cord with Parti Rakyat Sarawak President James Masing, Sarawak Opposition Leader Baru Bian, social activist Peter Minos, Deputy Speaker of the State Legislative Assembly Roland Sagah, Temenggong Lu Kim Yong, Management of Kuching Chung Hua Primary Schools No. 1-6 Committee chairman Dr Chou Chii Ming, and Welfare, Women and Family Development Minister Fatimah Abdullah.

They were commenting on Minister of Communication and Multimedia Ahmad Shabery Cheek’s announcement that Malaysia would continue to commemorate Aug 31 as its Independence Day from next year, without mentioning the anniversary year.

“It’s important to put forward actual and accurate historical facts,” said Fatimah in rejecting Aug 31.

“We can continue with all the celebrations. We need to respect and compromise as well as take care of each other’s sensitivities,” said Lu.

James, joining several others in extending an olive branch, thinks that Sabah, Sarawak and the peninsula should decide on Sept 16 as the common date to celebrate National Day.

“We can join them – Sabah and the peninsula – on Aug 31 if they invite us,” he said.

N.Surendran’s Sedition Charges Jeopardises Anwar’s Final Appeal

PRESS STATEMENT
FOR IMMEDIATE RELEASE
12 SEPTEMBER 2014

LFL: N.Surendran’s Sedition Charges Jeopardises Anwar’s Final Appeal

LFL views with serious concern the two sedition charges against N. Surendran for statements made in his capacity as Anwar Ibrahim’s lawyer. The first charge against Surendran was for mere criticism of the Court of Appeal’s judgment convicting Anwar; whereas the second charge was for comments relating to the case made after attending a case management hearing on behalf of Anwar at the Federal Court.

The alleged seditious statements made were in fact the crux of Anwar Ibrahim’s legal defence at the Federal Court appeal. It is shocking and unacceptable for a lawyer to be charged for statements made in relation to his client’s case, and even more so for statements which also form the basis of the client’s legal defence.

Needless to say, these charges have enormous ramifications on the independence of the Bar and the right of lawyers to defend their clients and to act without fear or favour. The public will be adversely affected if lawyers begin to fear criminal charges for speaking out on behalf of their clients.

The right to a fair trial crucially includes allowing lawyers to carry out their duties without threat or intimidation from the authorities. In this case, Anwar Ibrahim’s right to a fair hearing in the impending Federal Court appeal on 28 and 29 October 2014 has been seriously jeopardised by the sedition charges which has had a serious impact upon Anwar’s entire legal team.

It is unacceptable for the Federal Court to proceed with Anwar’s appeal with these sedition charges hanging over the head of one of his key lawyers for the appeal.

LFL urges the Attorney-General to urgently review and drop the charges against Surendran. In addition, the AG should also similarly review and drop all charges against all other persons charged under the Sedition Act and work towards the eventual repeal of this draconian law as promised repeatedly by the Prime Minister.

Eric Paulsen
Executive Director
Lawyers for Liberty

Bringing Malaysia back to the ‘middle’ ― Ahmad Iskandar

SEPT 10 ― At the formation of Malaysia, its leaders charted a course for a nation where a multiracial society would live within a democratic framework that embodied the spirit of harmony and understanding. On 16 September 2014, Malaysia will be 51 years old. From recent developments, it seems that Malaysia is veering away from the ideals envisioned when it was first formed.

In recent years and months,Malaysians have been relentlessly bombarded with hateful statements from the likes of Perkasa, Isma and other Malay ethnocentric groups. They have questioned the loyalty of their fellow Malaysians and suggested that the majority of non-Malays are a threat to Malays and national unity. Hiding behind the mask of race and religion, they claim to represent the voice of the majority of Malaysians particularly Malays.

Much more worrying are government ministers who pander to these groups. In efforts to gain political mileage and consolidate their waning support, they have made irresponsible statements and sowed seeds of discord among the communities, and behaving in ways unbecoming of those appointed to public office.

Blatant racism such as this has upset Malaysians at home and abroad. Many took to social media to express their disappointment at the current state of affairs. While some have blamed the media for sensationalising racial and religious issues; a portion of the responsibility should also fall on the shoulders of Malaysians for failing to take a united stand and voicing the strongest possible condemnation to these acts of blatant racism.

Moderate Malaysians are clearly, by far, the majority. Yet the shrill voices of the extremists are constantly heard simply because they have a sense of purpose, are better organised, well-resourced and have access to powers not available to moderate Malaysians. Therefore moderate Malaysians should band together to ensure Malaysia remains a viable moderate nation state.

The responsibility lies with moderate Malaysians to bring Malaysia back to the “middle” by organising themselves, and spreading the message that Malaysia belongs to all Malaysians ― those who came yesterday, today and tomorrow.

Ranting on social media alone will not be enough to improve the situation, but getting organised and taking concrete action will. The failure to nip this problem in the bud by maintaining silence, or apathy or feeling of hopelessness, have allowed those with extreme views to permeate throughout society; crowding out the silent moderate majority, thereby endangering the ideals of a moderate Malaysia.

Cynics might dismiss the optimism of one individual. They argue that one person cannot change the world.

There are many examples of the power of one. The civil rights movement in the United States (US) is illustrative. One woman’s act of disobedience against injustice proved to be crucial in catalysing actions that eventually led to the ending of institutionalised racial discrimination in the US. Rosa Parks, an African American woman, was arrested for refusing to give up her seat to a white person, as required under the existing law then. This incident led to the Montgomery Bus Boycott, the first mass action in the civil rights movement of the 1950s and 1960s.

When the boycott began to show its effectiveness, the White Citizens’ Council retaliated with some resorting to violence. They even firebombed Martin Luther King Jr’s house. After the attack, Martin Luther King Jr spoke to the 300 angry African Americans gathered outside. Instead of anger and hate, he was calm and implored the crowd to continue with their peaceful struggle. He said, “If you have weapons, take them home; if you do not have them, please do not seek to get them. We cannot solve this problem through retaliatory violence. We must meet violence with nonviolence.”

History would show that the US civil rights movement contributed significantly towards the reduction of institutionalised racism in the United States, though racism remains a serious problem. It laid the foundations for important reforms and inspired many other movements that fought for other just causes. President Barack Obama has paid tribute to Rosa Parks on many occasions. Indeed there would be no Barack Obama without Rosa Parks.

One should never dismiss any action by any individual as insignificant and futile. Rosa Parks was just one person, but what she did, made significant difference. There are many Rosa Parks in Malaysia. Like her, there are countless unsung heroes that have already done many things that have made a difference, and many more waiting to come forward. It is through these small actions that eventually leads to a critical mass, and snowball to major success in the future such as a moderate Malaysia.

The road ahead will not be easy for Malaysia and moderate Malaysians. For whatever flames of hatred that is fanned to damage the social fabric of the nation, moderate Malaysians should reciprocate by dousing it with calls for calmness and rationality. The first step could be as simple as sitting down and having a ‘teh tarik and roti canai’ with anyone living or working close to you ― your neighbour, colleagues ― of a different background, of a different view, of a different persuasion. With simple friendly exchange such as this, Malaysians could discover that they have more in common than initially believed.

Despite the outward differences, the concerns are similar in many areas such as living peacefully, reducing the cost of living, improving educational quality, reducing crime, and wanting a clean and transparent government ― as countless surveys shows. This understanding will help Malaysians realise that what matters is not who they are or where they came from, but what actions they take to make things better for all Malaysians.

As a collective, moderate Malaysians have to speak up, voice concerns and continuously participate in discourses in a calm and rational manner. The problems that Malaysians are facing today are caused by perverse incentives that benefit a few but impact many through a myriad of ways such as in the interpretations of laws, policies and the implementation of the law and policies. The crackdown by the government ― using the colonial era and draconian Sedition Act on law abiding Malaysians ― last week is an example of such perverse incentives. Lawyers, politicians, students, academics and journalists were charged for merely expressing their opinion.

The Sedition Act, 1948, defines sedition in such a broad scope that it allows any party in power to abuse it for its own benefit. Perceived as selective prosecution, this Act is used to instill fear among moderate Malaysians against speaking up; and reinforces the prevailing culture of fear. In fact, there many other laws or policies that are just as flawed that infringes on the citizen’s basic rights and liberty. They were passed through in parliament because Malaysians are constantly distracted by the issues of race and religion.

To move forward, Malaysians should be courageous, as Rosa Parks was; move away from identity (racial and religious) politics and strive to aim for new politics based on higher order principles. Fifty one years is a short time span for a nation state and Malaysia still has a long way to go. In this journey, moderate Malaysians have to constantly remind themselves and each other that they are stronger when they stand together.

The higher order principles of freedom, social justice, solidarity and equality in opportunity, should be the guiding light that helps moderate Malaysians to navigate their way towards unity in these challenging times.

Perhaps it is time to steer away from this detour into the wilderness of extremism and back on to the charted course agreeable to the majority of Malaysians: that is middle Malaysia. ― New Mandala

This article was first published here.

*Raja Ahmad Iskandar Fareez is an Australian National University alumnus and a member of the Democratic Action Party (DAP).