Sabtu, 22 Oktober 2011

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“Who Needs An Islamic State?” By Dr Abdelwahab El-Affendi

Posted: 22 Oct 2011 07:53 AM PDT

There are many misconceptions about Islam merely because the minority voice (which is shouting the loudest) is heard, while the other voices remain silent. Without sounding as if I am an 'Islam Apologist', maybe I should share with you the views of other Muslim scholars -- which is a far departure from the voices of those 4,000 people who participated in the 'assembly of 1,000,000' yesterday.

NO HOLDS BARRED

Raja Petra Kamarudin

If the foregoing discussion has any validity, then one has to infer that the concept of an Islamic state must be completely abandoned if sanity is to return to Muslim political discourse.

One should rather speak about a state for the Muslims, or an Islamic political community. One must also abandon the illusions about the millennium promised by the revival of a utopian polity in which a righteous and saintly ruler will miraculously emerge to restore the long lost golden age of Islam. Nor is it wise to shift our millennial hopes to the newly emerged Islamic movements, and expect that their accession to power will automatically bring an era of divine justice and saintly rule. There is simply no alternative to attaining these objectives the hard way, by doing what is needed to achieve them.

Wisdom dictates that we should be pessimistic about the qualities of our rulers, something which should not be too difficult, given our experiences. The institutions of a Muslim polity, and the rules devised to govern it, should therefore be based on expecting the worst.

Human experience shows that democracy, broadly defined, offers the best possible method of avoiding such disappointment in rulers, and affords a way of remedying the causes for such disappointments once they occur.

The value of this approach is that it does not make the attainment of dignity and freedom of Muslim individuals contingent on the setting-up of a utopian Islamic state which we may never live to see. It also removes the grounds on which the current tyrannies ruling the Muslim world are justified.

The tyrants lording it over the Muslims today, aided and abetted by their foreign allies, justify their existence by fear of Muslim `fanatics' who want to coerce others into adopting an unacceptable lifestyle. This lame excuse for tyranny must be removed by affirming our commitment to democracy as the governing principle of the Muslim polity in all its stages.

The state for Muslims must be a principle of liberation based on pluralism, with no coercion involved other than the minimum inherent in the principle of community itself. The raison d'etre of a political community is to assure the peaceful coexistence among its members.

A Muslim political community is therefore an institution required to ensure that Muslims live in peace and harmony with one another, with other communities within the territory ruled by their polity and with other nations and communities on our planet. This peaceful co-existence has to be based on the rules of equity and fairness, and must not force Muslims to live contrary to their principles.

The central misunderstanding of current Muslim political thought is the confused belief that a state based on Islamic principles is one which forces people to live according to Islam. In truth, the purpose of an Islamic political community is to enable individual Muslims to live according to Islam, and to protect them from coercion which tends to subvert their commitment to Islam.

All the current references to the `imposition of sharia' or the Islamic state, whether by Islamic thinkers or opponents of Islam, actually misunderstand the issue completely. Sharia can rule truly only when the community observing it perceives this as a liberating act, as the true fulfilment of the self and moral worth of the community and each individual within it, for sharia can never be imposed. When it is imposed, it is not sharia. When only coercion underpins sharia, it becomes hypocrisy.

A Muslim polity must also defend the right of Muslims to live freely according to the dictates of their consciences, by force if necessary, for a Muslim state must use all its resources to fight injustice and tyranny inside and around it. We cannot expect the commitment to peace to be a licence for the toleration of all evils in the name of avoiding conflict.

This was the central mistake of classical Muslim political theory, which has neither succeeded in avoiding conflict nor in achieving justice. Therefore, it is essential to strive for justice as the only firm basis for permanent peace and harmony.

To attain these goals, the Muslim state must rely primarily on the responsibility and active role of the individual within the community. It reasserts the value of the individual without preaching individualism. Classical Muslim political thought relegated the individual to the status of a non-entity by the postulation of vacuous and imprecise concepts such as that of ahl al-Hal wal Aqd and fard kifaya.

These confused notions provided the basis for the endorsement of practical secularism, or for making the legality of all Muslim social activity dependent on the will of a despot.

It must be reaffirmed that the individual does not need the state to be a Muslim. He creates the state as a Muslim, and he creates it voluntarily to further enhance his Islamic life. The opinion given by al-Ghazali and others about the necessity of the state - any state - as the precondition of the legality of Muslim social life is the opposite of the truth. A despotic and illegal regime does not bestow legitimacy on subsidiary actions. On the contrary, it marks everything it touches with the stamp of illegality. For Muslims, to have no state at all is better than to have an illegal one.

"Who Needs An Islamic State?" By Dr Abdelwahab El-Affendi

 

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WIKILEAKS: CLEAN FINGERS, DIRTY ELECTIONS?

Posted: 22 Oct 2011 01:00 AM PDT

Proponents of electoral reform had lobbied for the introduction of indelible ink and hailed the EC's original decision to institute this measure, which would have represented the most significant improvement in the integrity of the elections since the last polls in 2004. The EC's grounds for reversing itself on the use of indelible ink do not appear very convincing, and clearly suggest pressure from the ruling BN government. Regardless, the EC has damaged its credibility on the eve of the elections and invited greater suspicion of Malaysia's electoral process.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

Classified By: Political Section Chief Mark D. Clark for reasons 1.4 (b, d).

Summary

1.  (C) With only three days remaining before the March 8 general election, Malaysia's Election Commission (EC) abruptly announced its decision not to apply indelible ink to the fingers of voters, citing police reports of alleged sabotage plans and previously unidentified constitutional barriers.  The opposition immediately cried foul and condemned the EC for abandoning this fraud prevention measure.  All sides have braced for the impact of illegitimate "phantom voters," particularly in tightly-contested races. 

The Islamist opposition party PAS stated it would stop buses ferrying suspect voters into the states of Kelantan and Terengganu, while the police warned against obstructing citizens from casting their votes.  The leading UMNO party and its allies within the National Front coalition have stepped up attacks against opposition figure Anwar Ibrahim, including for his ties to prominent Americans.

The Embassy has dispatched election observer teams to six key states.  The EC's grounds for reversing itself on the use of indelible ink do not appear very convincing, and suggest pressure from the ruling BN government.  Regardless, the EC has damaged its credibility on the eve of the election and invited greater suspicion of Malaysia's electoral process. End Summary.

EC nixes use of indelible ink

2.  (SBU) With only three days remaining before the March 8 general election, Chairman of Malaysia's Election Commission Abdul Rashid Abdul Rahman made an abrupt about-face on March 4 when he announced polling officials would not mark the fingers of voters with indelible ink after they cast their ballots.  In a hastily announced press conference and flanked by both the Inspector-General of Police (IGP), Musa Hassan, and the Attorney General, Abdul Gani Patail, Rashid stuttered through a prepared statement officially terminating the fraud prevention method that the EC had embraced only nine months ago. 

Referencing four police reports filed between February 16 and 21 of an alleged plan to sabotage the election process in the states of Kedah, Perlis and Kelantan, Rashid explained that the police believed people had smuggled unidentified quantities of indelible ink into the country to trick villagers into believing that they must have their fingernails marked before they can go vote.  "Their intention is to create confusion and suspicion as to the status of such voters," he said. "This may cause chaos at polling stations.... The EC views these issues seriously as the election process and public order and security cannot be compromised," Rashid read from his prepared statement.

3.  (SBU) Beyond allegations of sabotage, Rashid further explained that Malaysia's laws would not allow for the denial of a person's constitutional right to vote merely because of indelible ink marked on their fingernail.  Rashid explained that only a constitutional amendment could rectify this situation, and since Parliament was dissolved, the Constitution could not be amended before the election.

Notwithstanding the presence of both the IGP and the Attorney General, Rashid reiterated the independence of the EC's decision process and reassured the media that no political pressure had been exerted to compel the EC's action.  From the campaign trail, Prime Minister Abdullah Badawi echoed Rashid's denial and remarked that "this didn't have any connection with us (the National Front, BN), the decision was solely made by the EC and we want to hear the full explanation from them as well....  What is more important is that the rights of the people who had registered to vote must be upheld.  That must be the guarantee from the EC to all citizens and voters on March 8," the Prime Minister said.

4.  (C) Comment:  EC Chairman Rashid reportedly confided to a longstanding Embassy contact on March 5 that the Attorney General had instructed Rashid to rescind the EC's decision to use the ink.  End Comment.

Opposition parties cry foul

5. (SBU) Opposition politicians immediately attributed the EC's decision to BN's pressure.  People's Justice Party (PKR) deputy president Dr. Syed Husin Ali lambasted the EC's decision: "At a moment when the eyes of the entire world are upon us, the commission has now conclusively and irrevocably shown that any overtures towards reform that it had made previously were in bad faith." 

Democratic Action Party (DAP) Secretary General Lim Guan Eng also chided the decision: "DAP unreservedly condemns the EC's betrayal of public trust by deciding to abandon the use of indelible ink, which is the central premise of their commitment towards a free, fair and clean election."  Likewise, the opposition-linked election watchdog Coalition for Clean and Fair Elections (Bersih) released a statement declaring that Bersih "rejects the EC's excuses for the cancellation of this move on legal and security grounds," and criticized the EC for not seeking any necessary parliamentary action long ago.  "The decision by the EC shows very clearly that it has neither intention nor the commitment to carry out electoral reform," Bersih concluded.

Election monitor steps back

6. (SBU) The election monitoring NGO Malaysians for Free and Fair Elections (MAFREL) reacted with criticism and disappointment at the EC's decision.  Despite being the only NGO accredited by the EC, MAFREL's Chairman Malik Hussin expressed lack of faith in the election process and vowed not to send observers inside the nation's polling stations so as not to lend credibility to a flawed process.  MAFREL had planned to deploy around 330 observers at polling stations nationwide to monitor the voting process on March 8.  MAFREL Deputy Chairman Syed Noh Ibrahim told reporters they will continue with their monitoring operation, "just not within the polling stations as accredited by the EC."

Haunted by "phantom" voters

7.  (SBU) The IGP Musa Hassan publicly warned all political parties against obstructing citizens from turning out to cast their votes on March 8.  The warning was in response to statements made by Islamist opposition party PAS leaders that they would stop buses allegedly ferrying "phantom voters" from entering Kelantan and Terengganu.  The term "phantom voters" ("undi hantu") in Malaysia has several interpretations.  These could be legally registered voters in a particular district who are not resident of the district or not known to the local community; non-citizens issued with Malaysian identity cards for the purpose of voting; voters who have passed away but whose names still appear on the electoral roll with their identity cards abused by someone else to vote; and large numbers of voters inexplicably registered at a single address. In this context both the BN and the opposition parties, particularly PAS, have registered hundreds their supporters in tightly-contested districts especially in Kelantan, Kedah and Terengganu.

8.  (SBU) The Election Commission declared prior to the dissolution of Parliament February 13 that they had cleared the electoral roll of all phantom voters, a claim opposition leaders dispute.  For instance, a DAP candidate in Selangor alleged that 26 unknown individuals have been registered as voters using her family home address in her district.  MAFREL released a statement February 20 that claimed 500 voters were registered as voters using an abandoned army base in Penang where the BN candidate is Gerakan's acting President Koh Tsu Koon.  Not to be outdone, Kelantan UMNO leaders claimed that the party has difficulty in identifying more than 118,000 voters in the PAS controlled state.

9.  (SBU) Although both UMNO and PAS leaders have been guilty in the past of recruiting phantom voters, PAS leaders accuse the EC of allowing UMNO to pad the electoral roll with its supporters to help UMNO win Kelantan and maintain its hold in Terengganu.  PAS President Hadi Awang's press secretary Roslan Shair told reporters March 4 that the party had ample proof that phantom voters will be ferried to the two states on polling day.  He added that PAS "would stop at nothing to prevent the voters from entering Kelantan and Terengganu."

In response, IGP Musa Hassan stated that he had issued a directive to his men to act against those trying to stop voters from casting their votes.  He added, "We have stationed 300 policemen at entry points to the state and will take stern action against those who try to stop people from casting their votes."

UMNO and BN step up assault on Anwar

10.  (SBU) Leading opposition figure Anwar Ibrahim, who has drawn large crowds to his political gatherings across the country during the campaign, has come under increasing attack from UMNO, other BN leaders and the government dominated mainstream media.  At several gatherings in Kuala Lumpur, poloffs have observed multi-racial crowds responding enthusiastically to Anwar's attacks on the government.

Political observers told poloffs that Anwar has managed to galvanize the voters especially in the urban areas by articulating the voters concerns effectively and urging them to reject the UMNO-dominated BN coalition.  In response to Anwar's criticisms, UMNO and BN leaders have stepped up their attacks on the former DPM by describing him as a "political chameleon" who cannot be trusted.

Anwar attacked for Washington connections

11.  (SBU) Government owned newspapers have joined in the fray and have increased their negative reports on the former Deputy Prime Minister Anwar.  The papers gave prominence to human rights activist and former Peoples Justice Party Deputy President (1999-2001) Chandra Muzaffar's comment on March 4 that it would be an "unmitigated disaster for Malaysia" should Anwar become the PM.  Chandra also stated in another interview for an UMNO-owned newspaper that Anwar's close relationships with individuals and groups in Washington including former U.S. Deputy Secretary of Defense Paul Wolfowitz "had very serious implications on Malaysia's sovereignty and independence."  The UMNO owned newspaper condemned Anwar on March 6 for "tarnishing the image" of the country by giving an interview in Singapore that criticized government policies and the conduct of elections.  The paper cited Anwar's comments that he is a "close friend" of former Vice President Al Gore, whom the paper claimed supported "the 'reformasi' demonstration of 1998 that threatened the stability of the country."

Embassy observers in the field

12.  (U) The Embassy dispatched six election observer teams to the field on March 6.  The teams will monitor developments in six key states:  Kelantan, Terengganu, Penang, Kedah, Perak, and Sabah from March 6 thru March 9.

Comment

13.  (C) Proponents of electoral reform had lobbied for the introduction of indelible ink and hailed the EC's original decision to institute this measure, which would have represented the most significant improvement in the integrity of the elections since the last polls in 2004.  The EC's grounds for reversing itself on the use of indelible ink do not appear very convincing, and clearly suggest pressure from the ruling BN government.  Regardless, the EC has damaged its credibility on the eve of the elections and invited greater suspicion of Malaysia's electoral process.

KEITH (March 2008)

 

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China-Malaysia trade to hit $100b in 3 yrs

Posted: 22 Oct 2011 12:15 PM PDT

By China Daily

NANNING - Trade between China and Malaysia is set to reach a new high of $100 billion by2015. That's after the two countries agreed to deepen economic cooperation to reduce theimpact of the global economic slowdown, according to Malaysian Prime Minister Najib Tun Razak on Friday.

He made the remarks at a roundtable discussion with Chinese CEOs during the Eighth China-ASEAN (the Association of Southeast Asian Nations) Expo, which is being held in the city ofNanning, the capital of the Guangxi Zhuang autonomous region, and runs from Oct 21 to 26.

"China and Malaysia are very important trade partners and we expanded our consensus onstrengthening economic collaboration during the opening ceremony of the expo," said GaoHucheng, China's vice-minister of commerce.

In the first seven months of 2011, bilateral trade between China and Malaysia reached $50.1billion, an increase of 21.8 percent from the same period last year. In 2010, bilateral tradetotaled $74.2 billion, an increase of 18.9 percent year-on-year.

China is Malaysia's biggest trading partner globally and Malaysia is China's biggest tradingpartner in the ASEAN bloc. Trade between the two countries accounted for 25 percent of thetotal between China and ASEAN members in 2010.

ASEAN is made up of Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines,Singapore, Thailand and Vietnam.

In January 2010, a free-trade agreement was implemented between China and the ASEANbloc.

"Electrical and electronic products, palm oil, rubber, machinery and equipment, and iron andsteel will continue to top trade between Malaysia and China," Gao said.

In order to foster closer economic ties, the two countries will also increase efforts to attractmore investment.

Agreements on four cooperative projects were signed between Najib and the Chinese CEOsduring the roundtable discussion.

China National Technical Import and Export Corp and Tianjin Electric Power Construction Cowill build a wind-power venture in Sri Lanka in conjunction with the Malaysian investmentholding company Jaks Resources Berhad.

Meanwhile, China's Hawtai Motor Group and Malaysia's Proton Marketing Sdn Bhd will alsoestablish a joint venture.

Najib said there is huge market potential in the energy, hydroelectric and telecommunicationindustries in Malaysia and its companies hope to gain experience in the high-technology sectorfrom Chinese companies.

According to the Malaysian prime minister, market demand in the country's energy industry isregistering annual growth of 4 to 5 percent.

China's investment in Malaysia exceeded $20 billion in 2010, an increase of 62 percent year-on-year.

"Chinese enterprises have just started their investment in Malaysia. Although the scale ofinvestment is limited, the prospects are promising," Gao said.

Earlier this year, the two countries agreed to construct the China and Malaysia Qin ZhouIndustrial Park in Guangxi, to attract Malaysian companies investing in China and expand themutual benefits.

Holland Condemns Malaysia’s Timber Certification!

Posted: 22 Oct 2011 11:53 AM PDT

By Sarawak Report

Taib's foreign business partners are working hard to present a picture that all is well in Sarawak and to imply that there are no issues with the wood logged from the state or its plantation programmes.

Indeed, last week Ta Ann Tasmania's Chief Executive David Ridley launched a barage of justifications defending his company against a report that has revealed that Ta Ann products are falsely promoted as 'eco-wood', thereby deceiving consumers.

Still no answer to the charges of false eco-labelling!

However, Ridley's repost carefully ignored the central allegation of the report, which is that the eco-labelling on Ta Ann's products is false, because Ta Ann Tasmania does not used plantation wood, as promised, but rather threatened old-growth forest.

Rather than confronting this embarrassing matter, Ridley has chosen to focus instead on what he calls his 'observations' made during visits to his company's HQ in Sarawak. 

Ridley's fabulously rich boss, the Executive Chairman of Ta Ann, Hamed Sepawi, is of course the cousin of the corrupted Chief Minister Abdul Taib Mahmud of Sarawak and has received numerous licences, grants of public lands and state contracts, all without proper tender.

Such matters appear not to concernm Mr Ridley, instead his 'observations' are these:

 

READ MORE HERE.

Boosted by social media, activists reclaim space for causes

Posted: 22 Oct 2011 11:48 AM PDT

By Shannon Teoh, The Malaysian Insider

KUALA LUMPUR, Oct 23 — Around 10pm last night at the DiGi headquarters in the Subang Hi-Tech Park, the Guinness Book of Records officially announced a new record for the number of "tweeps" at a "twtup". 

At least 2,615 users of micro-blogging site Twitter had turned up at the "OctTwtFest," a gathering that began as a giant birthday party last year to being an event to celebrate nothing more than "how influential social media can be" this year. 

It was influential enough for top politicians such as Pemandu CEO Datuk Seri Idris Jala, PKR vice president Nurul Izzah Anwar and Umno Youth chief Khairy Jamaluddin to turn up while artistes such as rockers Hujan and rappers Altimet and Joe Flizzow performed for free. 

"This was a ground up event, reclaiming space and coming together to 'humanise' the interactivity of social media. This shows how influential social media can be and can become," said Zain HD, one of the OctTwtFest coordinators. 

But with the Klang Valley seeing several gatherings yesterday, three events organised by activists saw fortunes that correlated closely to the hype built on social media. 

For cancer awareness programme Passionately You and democratic reforms movement Occupy Dataran, the tweets with their respective "hashtags," #dontduckit and #occupydataran on Twitter dwarfed the actual turnout at their events. 

"You can host as many events as you want but with a social media presence, you can own a new space for discussion," said Christopher Tock, digital media consultant for Passionately You. 

While only a few hundred turning up at its day-long event, Passionately You saw about 5,000 pledges and donations made towards cervical and breast cancer awareness on its website. 

On the other hand, the Himpunan Sejuta Umat (Himpun), or Gathering of a Million Faithful, fell somewhat short of rallying its stated target to stand up to the threat of proselytising by Christians. 

Despite claiming the support of over 1,000 NGOs, only 5,000 Muslims turned up, inviting ridicule from influential "tweeps" such as Art Harun, who posted: "About 5,000 at Himpun. Hope the 995,000 people have not been proselytised while on the way there." 

Occupy Dataran, which has met every Saturday night at Dataran Merdeka since July, saw as usual just several dozen show up.

 

READ MORE HERE.

Utusan: Let police probe claims surrounding Guan Eng’s son

Posted: 22 Oct 2011 11:43 AM PDT

By Yow Hong Chieh, The Malaysian Insider

KUALA LUMPUR, Oct 23 — Lim Guan Eng should ask police to investigate claims his son molested a girl as the Penang chief minister's denial is not good enough, Utusan Malaysia said today. 

The Umno-owned daily pointed out that DAP had "aggressively" demanded probes into issues of public concern before and should allow similar scrutiny of party leaders if it did not want to be seen as biased. 

"Since the issue has become a public concern, Guan Eng should ask the police to conduct a thorough investigation to dispel any doubt," said the paper's editors, writing under the Awang Selamat pseudonym. 

"A denial is not enough to clear his family's name. An investigation will also ensure justice for all parties. Dignity is the basic right of all people, whether the son of a leader or an ordinary citizen." 

Yesterday, Deputy Prime Minister Tan Sri Muhyiddin Yassin also called on Lim to let the police investigate the case. 

"If we want to clear this up, we ask the police to investigate. If it's true that it had never happened, what do you have to worry about?" the Umno deputy president said.

 

READ MORE HERE.

Bersih keeps momentum alive with overseas campaign

Posted: 22 Oct 2011 11:11 AM PDT

By Shazwan Mustafa Kamal, The Malaysian Insider

KUALA LUMPUR, Oct 23 — Bersih 2.0 will step up its fight for electoral reforms next week when chairman Datuk Ambiga Sreenevasan goes on a back-to-back visit to four of the most renowned law universities in Australia where she will meet Malaysian students to highlight the various problems plaguing the country's electoral system. 

The Malaysian Insider understands that the respected lawyer has been scheduled to deliver a public lecture hosted by the Asian Law Centre at the University of Melbourne, followed by public appearances at the University of New South Wales and the University of Sydney (October 31) and the Law Faculty of the Australian National University in Canberra on November 1. 

It is understood the events will also allow overseas Malaysians who have yet to register as voters a chance to do so. 

"Campaigns to register Malaysians as voters have picked up steam in Australia. Bersih 2.0 and the ugly events that transpired in Kuala Lumpur on July 9 have inspired Malaysians living overseas in ways that we could only have imagined before. 

"Hundreds of Malaysians gathered in solidarity with Bersih 2.0  in 7 Australian cities with over 700 in Melbourne and 400 in Sydney," said David Teoh, national coordinator for both Bersih 2.0 Australia and the Australian chapter for Saya Anak Bangsa Malaysia Australia (SABMoz). 

Ambiga's (picture) appearance in Australia next week is expected to put pressure in Prime Minister Datuk Seri Najib Razak, who will also be in the western Australia city of Perth on October 28 to attend the 2011 Commonwealth Heads of Government Meeting (CHOGM). 

"This visit by Ambiga will serve to remind the Australian government and its citizens that a close regional neighbour and trading partner administers a system that willfully denies hundreds of thousands of Malaysians the right to vote from abroad," Teoh told The Malaysian Insider via email.

 

READ MORE HERE.

Budget 2012: New Tax Laws Encroaches Human Rights

Posted: 22 Oct 2011 10:59 AM PDT

By Resident.Wangsa Maju

I am not sure what Najib means by saying the Budget 2012 '..will boost transformation efforts..." (http://www.bernama.com.my/bernama/v5/newsgeneral.php?id=621058) but it appears that smoke bombs in the 2012 Budget are hiding certain new sections in  the Income Tax Act which encroaches human rights and spooks investors.

S107D and S67(4A) of the Income Tax Act (ITA)
The current S107C states that companies, on an annual basis, must compute and submit a tax assessment of its tax payable to the DG. For the layman, a company tax assessment is a calculation of tax under current tax laws, the amount of tax which is payable by that company to the Inland Revenue Board. An assessment is a detailed estimation of tax and not a rough calculation of the company's tax position.

S107C (2) goes on to state that companies' current year tax assessments must not be lower than their previous year tax assessment. This means that the lowest tax estimation a company can go is the amount which that company had estimated in the immediate previous year. This section is already unfair to the spirit of entrepreneurship- it means that if your business is not doing well; even if your taxable profits drop in the current year, you must pay the same amount of (higher) tax as in the previous year where you were doing relatively better in terms of business.

Budget 2012 introduces a new section, S107D, which addresses the circumstances where the IRB suspects the taxpayer is paying less tax than it should be. These sections are shockers concerning human rights:

"The DG may direct that person to make payment by instalments on account of tax which may be payable by that person for that YA at such times and in such amounts as the DG may direct."

"The direction shall be in the form prescribed under this Act and may be issued before the making of an assessment or composite assessments under this Act."

The bold words above provides dictatorial powers to the IRB. This new section will provide power to the IRB to ask the taxpayer to pay up any amount which the IRB asks; and such an amount does not have to be supported by any calculation since an assessment is no longer needed. That means IRB has the power to pluck any amount from thin air and request the taxpayer to pay that amount.

A new S67 (4A) in the same Act mirrors the S107D above. However the S67 (4A) applies to representative(s) of the taxpayer(s) whereby S107D impacts directly on the taxpayer.

S80(18) of the ITA
The existing S80 (1) already empowers the IRB full and free access to all buildings and documents.
The new S80(1B) now provides the IRB absolute powers to access your computer systems and explicitly states that it is ok for the them to acquire all your user passwords. The IRB will have unlimited access to trade, commercial secrets of companies and intimate business discussions in emails.



READ MORE HERE.

DPM Muhyiddin must apologize for insinuations against Guan Eng's son

Posted: 22 Oct 2011 10:16 AM PDT

By N Surendran

I am astonished and appalled by the statement made on 22 October 2011 by Deputy Prime Minister Tan Sri Muhyiddin Yassin that Penang Chief Minister Lim Guan Eng's denial of sexual harassment claims against his son is inadequate and that " mere denial is not enough". By making such an irresponsible comment, Muhyiddin is clearly suggesting and insinuating that there may be truth in the accusations against Lim Guan Eng's 16 year old schoolboy son.

How can the DPM make such a remark when the school headmaster and the alleged victim herself have denied that such a thing happened? It was a deliberate and calculated attempt by the DPM to keep alive the slander against Guan Eng's son. The DPM's conduct is thus no different from that of the malicious pro-UMNO bloggers and Umno Youth Chief Khairy Jamaluddin who instigated and perpetuated this vicious rumour about this innocent boy.
 
It has been proven beyond any doubt that Guan Eng's son is completely innocent. Anya Corke, the young chess grandmaster who was supposedly sexually harassed by Guan Eng's son has said that no such incident ever happened and that she does not even know the boy. She also expressed sympathy for the ordeal Guan Eng's son had gone through. In doing so, young Anya Corke showed more maturity, generosity and decency than the Deputy Prime Minister of our country. Although she herself is hurting from the false allegations, she reached out a consoling hand to a boy across the oceans whom she had never heard of before this ugly incident.
 
It is extremely disturbing to note that slander and baseless character attacks of a sexual nature has become the norm for UMNO and the ruling Barisan Nasional pollitical coalition. Bankrupt of ideas and integrity, and widely seen as corrupt and oppressive, UMNO/BN  are relying for political survival on personal attacks, vulgar abuse and blatant falsehood. Another prominent victim of UMNO-inspired sex allegations is Malaysia's parliamentary opposition leader Datuk Seri Anwar Ibrahim. Resort to such disgraceful tactics degrades and embitters the national political discourse, and does a tremendous disservice to the people of this nation. It is increasingly clear that UMNO/BN will do practically anything and stoop to any depth simply to cling on to political power. We call upon the Deputy Prime Minister to immediately and unreservedly apologize to Chief Minister Lim Guan Eng and his son for making such insinuations, and we demand that UMNO/BN forthwith cease the politics of slander and character assasination.   
 
Issued by:
N SURENDRAN
VICE PRESIDENT
KEADILAN

Statement on DPM remarks on allegations against Lim Guan Eng's son

Posted: 22 Oct 2011 10:06 AM PDT

Media Statement by Tony Pua

Datuk Seri Najib Razak must reprimand his Deputy, Tan Sri Muhyiddin Yassin for giving implicit support to the UMNO bloggers to defame and destroy an innocent 16 year old child.

We are shocked and appalled by by the Deputy Prime Minister, Tan Sri Muhyiddin Yassin who reportedly said that if the Penang chief minister "thinks it is important to correct the information, then he has to come up with a strong statement. Mere denial is not enough." 

Tan Sri Muhyiddin was commenting on the case where Penang Chief Minister, Lim Guan Eng's 16 year old son was accused of sexual harassment by a plethora of UMNO bloggers which resulted in him being transferred to another school this year.
 
The Deputy Prime Minister needs to have his head seriously inspected – not only did Lim strongly denied the above incident in the strongest possible terms by calling the allegations by the UMNO bloggers "barbaric lies", we have proven that the case is entirely fictitious when the alleged victim is a 21 year old university student in the United States from Hong Kong who never went to school in Penang.
 
The alleged victim has even sent a statement to all press, stating clearly that she has not been to Malaysia for the past 7 years, and "the only way in which my 'modesty was outraged' has been the publication of my picture in connection with these scurrilous and unfounded rumours."
 
The principal of SMK Heng Ee, where Lim's son was studying until the end of last year, Mr Goh Boon Poh has also come out to state that he was shocked by the allegations that Lim Guan Eng's son had sexually harassed a female student of the school, and it is "completely untrue."
 
Despite Lim having nothing else to prove, Tan Sri Muhyiddin has chosen to lend credence to the despicable rumours and give support implicit to the UMNO bloggers by stating that "mere denial is not enough".
 
Instead of taking stern action against those perpetrating the evil lies to humiliate the Penang Chief Minister's family, especially since they are all UMNO leaders and members, Tan Sri Muhyiddin has chosen to defend the indefensible.  The onus to prove the scurrilous allegations are on the accusers, and not those unjustly maligned.
 
To protect the image of the Government, the Prime Minister and UMNO President, Datuk Seri Najib Razak must immediately put a stop to this madness by sternly reprimanding his Deputy and all his members from making further unfounded claims against an innocent 16 year old boy.  Otherwise, it'll prove to all Malaysians that UMNO has become morally bankrupt in its pursuit to hold on power at all cost, including attacking innocent children.
 
 

Why National schools Cannot be the choice of All Malaysians

Posted: 22 Oct 2011 09:31 AM PDT

By Richard Teo

Khairy Jamaludin has become one of the latest growing lists of proponents that a unitary or singular school sysytem would be an all encompassing solution  to our current racial polarisation.. The introduction of a singular school system would means the abolition of vernacular schools.For some one of Khairy's educational background it is indeed sad that he could not even be unbiased in his evaluation of the dilemma facing our present education system which has caused ethnic division .

The question is why is Khairy only focusing his attention on vernacular schools? What about Mara schools , religious agama schools and even tertiary university level like UITM where the students strictly only cater exclusively for one race.?
 
Is Khairy implying that only vernacular schools are the sole cause of ethnic polarisation and that Mara schools, Religious Agama schools and tertiary university like UITM are exempted from any blame for the ethnic division? It is really sad that someone of Khairy's educational background can be so biased in his evaluation of the cause for such racial polarisation.
 
The simple and unpalatable truth is that ever since  Tun Razak became the second P.M, we had the misfortune of having Education Ministers who could not understand why National schools could not become the choice of all Malaysians. All of them were incompetent or were not interested in finding out the truth. In the end we had education policies that were ad hoc and flip flop. Even till now there is no clear define policies whether we should adopt English as a medium of instructions.
 
However, tribute should be given to our first P.M, Tuanku Abdul Rahman. He did not tinker with our education system when we got our independence. He was a visionary leader who knew the importance of the English language. and during his tenure kebangsan schools flourished.. I was a product of that era . The schools were populated with 50% malays, 40% chinese and 10% indians. There was camaderie in all our activities and we accepted each other as Malaysians. We did not look through our differences through any racial or religious lens.We did not bring religion to schools. Religion was something personal where individually we practice our faith at home.Each of us accepted our cultural diversity and each of us respected our religious beliefs. During this time, vernacular schools suffered enrolment problems since majority of Chinese and Indians and malays all opted for National schools.For practical and financial reasons one by one vernacular schools was slowly decimated without any govt forced closure.
 
The schools during this era was composed of different ethnic compositions.There was mat sallehs, chinese, indians and malays and through their own cultural diversity we learned to accept diversity, tolerance and respect of each others religious beliefs. All these we didnt learned from our school curriculum but through our impressionable minds we were able to acquire from our various  teachers of different origins.
 
Fast forward to present day, everything has changed for the worse. Religious practice of the islamic faith are conspicously introduced without care to the sensitivity of the other races.Prayers or doa are recited in classes and assembly. Almost 100% of the teachers  were of one race and they were employed because of their religiousity rather than their abilty to teach.Female students were compelled by some schools to wear the malay baju Kurung and some were even forced to wear tudungs.During the fasting month of Ramadam, schools canteen were closed and non malays were forced to fast with the muslim students. Some schools even disallowed students to take food in the school canteen since they view it as a sign of disrespect to the muslims.
 
With all these various display of islamic introductions in National schools it is little wonder non malays were avoiding the National schools like plague. Khairy almost strike the right chord when he said,'the overtly Malay and Islamic character of national schools  turn other ethnic communities away. ' But he glossed over this core issue which was the chief reason why chinese and indians turned their backs on National schools. It was often argued that the chinese wanted vernacualr schools because of the desire to preserve cultural heritage and language but this was only a mere excuse. Chinese enclaves from San Francisco to London did not see any chinese clamour for chinese language education. They were so willing to send their children to the english school system and in many cases even excel better than their english counterparts.
 
Khairy and the present Education Minister should examine National schools during Tuanku Abdul Rahman's era and the present era to see what has caused the change in the choice of National schools by non malays.They should not behave like ostrich burying their head in the sands and think that it was the existence of vernacular schools which had caused non malays not to choose National schools

“Who Needs An Islamic State?” By Dr Abdelwahab El-Affendi

Posted: 22 Oct 2011 07:53 AM PDT

There are many misconceptions about Islam merely because the minority voice (which is shouting the loudest) is heard, while the other voices remain silent. Without sounding as if I am an 'Islam Apologist', maybe I should share with you the views of other Muslim scholars -- which is a far departure from the voices of those 4,000 people who participated in the 'assembly of 1,000,000' yesterday.

NO HOLDS BARRED

Raja Petra Kamarudin

If the foregoing discussion has any validity, then one has to infer that the concept of an Islamic state must be completely abandoned if sanity is to return to Muslim political discourse.

One should rather speak about a state for the Muslims, or an Islamic political community. One must also abandon the illusions about the millennium promised by the revival of a utopian polity in which a righteous and saintly ruler will miraculously emerge to restore the long lost golden age of Islam. Nor is it wise to shift our millennial hopes to the newly emerged Islamic movements, and expect that their accession to power will automatically bring an era of divine justice and saintly rule. There is simply no alternative to attaining these objectives the hard way, by doing what is needed to achieve them.

Wisdom dictates that we should be pessimistic about the qualities of our rulers, something which should not be too difficult, given our experiences. The institutions of a Muslim polity, and the rules devised to govern it, should therefore be based on expecting the worst.

Human experience shows that democracy, broadly defined, offers the best possible method of avoiding such disappointment in rulers, and affords a way of remedying the causes for such disappointments once they occur.

The value of this approach is that it does not make the attainment of dignity and freedom of Muslim individuals contingent on the setting-up of a utopian Islamic state which we may never live to see. It also removes the grounds on which the current tyrannies ruling the Muslim world are justified.

The tyrants lording it over the Muslims today, aided and abetted by their foreign allies, justify their existence by fear of Muslim `fanatics' who want to coerce others into adopting an unacceptable lifestyle. This lame excuse for tyranny must be removed by affirming our commitment to democracy as the governing principle of the Muslim polity in all its stages.

The state for Muslims must be a principle of liberation based on pluralism, with no coercion involved other than the minimum inherent in the principle of community itself. The raison d'etre of a political community is to assure the peaceful coexistence among its members.

A Muslim political community is therefore an institution required to ensure that Muslims live in peace and harmony with one another, with other communities within the territory ruled by their polity and with other nations and communities on our planet. This peaceful co-existence has to be based on the rules of equity and fairness, and must not force Muslims to live contrary to their principles.

The central misunderstanding of current Muslim political thought is the confused belief that a state based on Islamic principles is one which forces people to live according to Islam. In truth, the purpose of an Islamic political community is to enable individual Muslims to live according to Islam, and to protect them from coercion which tends to subvert their commitment to Islam.

All the current references to the `imposition of sharia' or the Islamic state, whether by Islamic thinkers or opponents of Islam, actually misunderstand the issue completely. Sharia can rule truly only when the community observing it perceives this as a liberating act, as the true fulfilment of the self and moral worth of the community and each individual within it, for sharia can never be imposed. When it is imposed, it is not sharia. When only coercion underpins sharia, it becomes hypocrisy.

A Muslim polity must also defend the right of Muslims to live freely according to the dictates of their consciences, by force if necessary, for a Muslim state must use all its resources to fight injustice and tyranny inside and around it. We cannot expect the commitment to peace to be a licence for the toleration of all evils in the name of avoiding conflict.

This was the central mistake of classical Muslim political theory, which has neither succeeded in avoiding conflict nor in achieving justice. Therefore, it is essential to strive for justice as the only firm basis for permanent peace and harmony.

To attain these goals, the Muslim state must rely primarily on the responsibility and active role of the individual within the community. It reasserts the value of the individual without preaching individualism. Classical Muslim political thought relegated the individual to the status of a non-entity by the postulation of vacuous and imprecise concepts such as that of ahl al-Hal wal Aqd and fard kifaya.

These confused notions provided the basis for the endorsement of practical secularism, or for making the legality of all Muslim social activity dependent on the will of a despot.

It must be reaffirmed that the individual does not need the state to be a Muslim. He creates the state as a Muslim, and he creates it voluntarily to further enhance his Islamic life. The opinion given by al-Ghazali and others about the necessity of the state - any state - as the precondition of the legality of Muslim social life is the opposite of the truth. A despotic and illegal regime does not bestow legitimacy on subsidiary actions. On the contrary, it marks everything it touches with the stamp of illegality. For Muslims, to have no state at all is better than to have an illegal one.

"Who Needs An Islamic State?" By Dr Abdelwahab El-Affendi

 

Harussani: "Malays are Special Because They are Related to Islam"

Posted: 22 Oct 2011 06:01 AM PDT

(Malaysian Digest) - Perak Mufti Tan Sri Harussani Zakaria said the Malays are special because they are related to Islam, unlike the Arabs even though Prophet Muhammad was descended among them, but they are not necessarily Muslims.

"The Malay race is special from other races because they are related to Islam, where the Malays are Islam," he said during a speech at the Himpunan Sejuta Umat (Himpun) gathering at Shah Alam stadium today.

He said efforts to Christianize and deviate Muslims from their beliefs have long been into existance even since 500 years ago.

However, Harussani said the nowadys those efforts seem to be more opened due to the weakness of Muslims today.

Meanwhile, academic scholar Tan Sri Professor dr Ibrahim Abu Shah also said the proselityzation issue emerged due to Muslims not being united among themselves.

The executive chairman of pertubuhan Melayu Kreatif Malaysia (Pemimpin) said this causes weakness among them and because of that they are easily taken advantage of.

He also said that the Damansara Utama Methodist Church issue and tution class issue is not a small matter.

He added that Muslims have been fighting and disagreeing with each other even though people know that there's not even a single Quranic phrase or Hadis that allows them to do such things.

Another speaker who expressed the same view was Front Bertindak Anti-Murtad's (Forkad) director Kamaruzzaman Mohamad who said the disunity is sometimes caused by petty issues.

He said if Muslims were to unite, nobody would dare to touch them and hopes that the Himpun gathering would be starting point to salvage the Muslims from what is happening now.

The Himpun event today saw around 10,000 Muslims gathering at at Shah Alam Stadium in what aimed to be a mass gathering of Muslims with the intention salvaging the akidah (creed) of Islam in this country due to alleged apostasy and proselytisation that is allegedly occurring in recent days.

The gathering was also attended by PAS' Datuk Hasan Ali and also Perkasa president Datuk Ibrahim Ali.

 

WIKILEAKS: CLEAN FINGERS, DIRTY ELECTIONS?

Posted: 22 Oct 2011 01:00 AM PDT

Proponents of electoral reform had lobbied for the introduction of indelible ink and hailed the EC's original decision to institute this measure, which would have represented the most significant improvement in the integrity of the elections since the last polls in 2004. The EC's grounds for reversing itself on the use of indelible ink do not appear very convincing, and clearly suggest pressure from the ruling BN government. Regardless, the EC has damaged its credibility on the eve of the elections and invited greater suspicion of Malaysia's electoral process.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

Classified By: Political Section Chief Mark D. Clark for reasons 1.4 (b, d).

Summary

1.  (C) With only three days remaining before the March 8 general election, Malaysia's Election Commission (EC) abruptly announced its decision not to apply indelible ink to the fingers of voters, citing police reports of alleged sabotage plans and previously unidentified constitutional barriers.  The opposition immediately cried foul and condemned the EC for abandoning this fraud prevention measure.  All sides have braced for the impact of illegitimate "phantom voters," particularly in tightly-contested races. 

The Islamist opposition party PAS stated it would stop buses ferrying suspect voters into the states of Kelantan and Terengganu, while the police warned against obstructing citizens from casting their votes.  The leading UMNO party and its allies within the National Front coalition have stepped up attacks against opposition figure Anwar Ibrahim, including for his ties to prominent Americans.

The Embassy has dispatched election observer teams to six key states.  The EC's grounds for reversing itself on the use of indelible ink do not appear very convincing, and suggest pressure from the ruling BN government.  Regardless, the EC has damaged its credibility on the eve of the election and invited greater suspicion of Malaysia's electoral process. End Summary.

EC nixes use of indelible ink

2.  (SBU) With only three days remaining before the March 8 general election, Chairman of Malaysia's Election Commission Abdul Rashid Abdul Rahman made an abrupt about-face on March 4 when he announced polling officials would not mark the fingers of voters with indelible ink after they cast their ballots.  In a hastily announced press conference and flanked by both the Inspector-General of Police (IGP), Musa Hassan, and the Attorney General, Abdul Gani Patail, Rashid stuttered through a prepared statement officially terminating the fraud prevention method that the EC had embraced only nine months ago. 

Referencing four police reports filed between February 16 and 21 of an alleged plan to sabotage the election process in the states of Kedah, Perlis and Kelantan, Rashid explained that the police believed people had smuggled unidentified quantities of indelible ink into the country to trick villagers into believing that they must have their fingernails marked before they can go vote.  "Their intention is to create confusion and suspicion as to the status of such voters," he said. "This may cause chaos at polling stations.... The EC views these issues seriously as the election process and public order and security cannot be compromised," Rashid read from his prepared statement.

3.  (SBU) Beyond allegations of sabotage, Rashid further explained that Malaysia's laws would not allow for the denial of a person's constitutional right to vote merely because of indelible ink marked on their fingernail.  Rashid explained that only a constitutional amendment could rectify this situation, and since Parliament was dissolved, the Constitution could not be amended before the election.

Notwithstanding the presence of both the IGP and the Attorney General, Rashid reiterated the independence of the EC's decision process and reassured the media that no political pressure had been exerted to compel the EC's action.  From the campaign trail, Prime Minister Abdullah Badawi echoed Rashid's denial and remarked that "this didn't have any connection with us (the National Front, BN), the decision was solely made by the EC and we want to hear the full explanation from them as well....  What is more important is that the rights of the people who had registered to vote must be upheld.  That must be the guarantee from the EC to all citizens and voters on March 8," the Prime Minister said.

4.  (C) Comment:  EC Chairman Rashid reportedly confided to a longstanding Embassy contact on March 5 that the Attorney General had instructed Rashid to rescind the EC's decision to use the ink.  End Comment.

Opposition parties cry foul

5. (SBU) Opposition politicians immediately attributed the EC's decision to BN's pressure.  People's Justice Party (PKR) deputy president Dr. Syed Husin Ali lambasted the EC's decision: "At a moment when the eyes of the entire world are upon us, the commission has now conclusively and irrevocably shown that any overtures towards reform that it had made previously were in bad faith." 

Democratic Action Party (DAP) Secretary General Lim Guan Eng also chided the decision: "DAP unreservedly condemns the EC's betrayal of public trust by deciding to abandon the use of indelible ink, which is the central premise of their commitment towards a free, fair and clean election."  Likewise, the opposition-linked election watchdog Coalition for Clean and Fair Elections (Bersih) released a statement declaring that Bersih "rejects the EC's excuses for the cancellation of this move on legal and security grounds," and criticized the EC for not seeking any necessary parliamentary action long ago.  "The decision by the EC shows very clearly that it has neither intention nor the commitment to carry out electoral reform," Bersih concluded.

Election monitor steps back

6. (SBU) The election monitoring NGO Malaysians for Free and Fair Elections (MAFREL) reacted with criticism and disappointment at the EC's decision.  Despite being the only NGO accredited by the EC, MAFREL's Chairman Malik Hussin expressed lack of faith in the election process and vowed not to send observers inside the nation's polling stations so as not to lend credibility to a flawed process.  MAFREL had planned to deploy around 330 observers at polling stations nationwide to monitor the voting process on March 8.  MAFREL Deputy Chairman Syed Noh Ibrahim told reporters they will continue with their monitoring operation, "just not within the polling stations as accredited by the EC."

Haunted by "phantom" voters

7.  (SBU) The IGP Musa Hassan publicly warned all political parties against obstructing citizens from turning out to cast their votes on March 8.  The warning was in response to statements made by Islamist opposition party PAS leaders that they would stop buses allegedly ferrying "phantom voters" from entering Kelantan and Terengganu.  The term "phantom voters" ("undi hantu") in Malaysia has several interpretations.  These could be legally registered voters in a particular district who are not resident of the district or not known to the local community; non-citizens issued with Malaysian identity cards for the purpose of voting; voters who have passed away but whose names still appear on the electoral roll with their identity cards abused by someone else to vote; and large numbers of voters inexplicably registered at a single address. In this context both the BN and the opposition parties, particularly PAS, have registered hundreds their supporters in tightly-contested districts especially in Kelantan, Kedah and Terengganu.

8.  (SBU) The Election Commission declared prior to the dissolution of Parliament February 13 that they had cleared the electoral roll of all phantom voters, a claim opposition leaders dispute.  For instance, a DAP candidate in Selangor alleged that 26 unknown individuals have been registered as voters using her family home address in her district.  MAFREL released a statement February 20 that claimed 500 voters were registered as voters using an abandoned army base in Penang where the BN candidate is Gerakan's acting President Koh Tsu Koon.  Not to be outdone, Kelantan UMNO leaders claimed that the party has difficulty in identifying more than 118,000 voters in the PAS controlled state.

9.  (SBU) Although both UMNO and PAS leaders have been guilty in the past of recruiting phantom voters, PAS leaders accuse the EC of allowing UMNO to pad the electoral roll with its supporters to help UMNO win Kelantan and maintain its hold in Terengganu.  PAS President Hadi Awang's press secretary Roslan Shair told reporters March 4 that the party had ample proof that phantom voters will be ferried to the two states on polling day.  He added that PAS "would stop at nothing to prevent the voters from entering Kelantan and Terengganu."

In response, IGP Musa Hassan stated that he had issued a directive to his men to act against those trying to stop voters from casting their votes.  He added, "We have stationed 300 policemen at entry points to the state and will take stern action against those who try to stop people from casting their votes."

UMNO and BN step up assault on Anwar

10.  (SBU) Leading opposition figure Anwar Ibrahim, who has drawn large crowds to his political gatherings across the country during the campaign, has come under increasing attack from UMNO, other BN leaders and the government dominated mainstream media.  At several gatherings in Kuala Lumpur, poloffs have observed multi-racial crowds responding enthusiastically to Anwar's attacks on the government.

Political observers told poloffs that Anwar has managed to galvanize the voters especially in the urban areas by articulating the voters concerns effectively and urging them to reject the UMNO-dominated BN coalition.  In response to Anwar's criticisms, UMNO and BN leaders have stepped up their attacks on the former DPM by describing him as a "political chameleon" who cannot be trusted.

Anwar attacked for Washington connections

11.  (SBU) Government owned newspapers have joined in the fray and have increased their negative reports on the former Deputy Prime Minister Anwar.  The papers gave prominence to human rights activist and former Peoples Justice Party Deputy President (1999-2001) Chandra Muzaffar's comment on March 4 that it would be an "unmitigated disaster for Malaysia" should Anwar become the PM.  Chandra also stated in another interview for an UMNO-owned newspaper that Anwar's close relationships with individuals and groups in Washington including former U.S. Deputy Secretary of Defense Paul Wolfowitz "had very serious implications on Malaysia's sovereignty and independence."  The UMNO owned newspaper condemned Anwar on March 6 for "tarnishing the image" of the country by giving an interview in Singapore that criticized government policies and the conduct of elections.  The paper cited Anwar's comments that he is a "close friend" of former Vice President Al Gore, whom the paper claimed supported "the 'reformasi' demonstration of 1998 that threatened the stability of the country."

Embassy observers in the field

12.  (U) The Embassy dispatched six election observer teams to the field on March 6.  The teams will monitor developments in six key states:  Kelantan, Terengganu, Penang, Kedah, Perak, and Sabah from March 6 thru March 9.

Comment

13.  (C) Proponents of electoral reform had lobbied for the introduction of indelible ink and hailed the EC's original decision to institute this measure, which would have represented the most significant improvement in the integrity of the elections since the last polls in 2004.  The EC's grounds for reversing itself on the use of indelible ink do not appear very convincing, and clearly suggest pressure from the ruling BN government.  Regardless, the EC has damaged its credibility on the eve of the elections and invited greater suspicion of Malaysia's electoral process.

KEITH (March 2008)

 

DPM sees ‘big problem’ if infighting continues

Posted: 22 Oct 2011 12:42 AM PDT

By Melissa Chi, The Malaysian Insider

SERDANG, Oct 22 — Tan Sri Muhyiddin Yassin stressed today that Barisan National (BN) component parties must cease their infightings immediately.

"Yes I'm worried, to be frank, but of course the only consolation is that not every area has problems," he told reporters after the Premier Briefing Session of Selangor Barisan Nasional at Universiti Putra Malaysia (UPM).

The Umno deputy president emphasised the importance of unity at every level.

He said that he had met with division leaders to immediately fix problems at their levels as well as work on improving their relationships among themselves.

"My worry is that if they take too long or they don't realise the urgency, to me that is a big problem for us.

"But whatever it is we can manage. As long as we take action now, I have already intervened," he said.

Prime Minister Datuk Seri Najib Razak has also repeatedly stressed during several BN functions for its members and division leaders to focus on winning the next general elections as a coalition and put aside personal ambitions.

"As I've said, I have already begun the process of meeting component parties recently.

"I have met with the six main parties and we had discuss about the infighting in their respective parties," Muhyiddin (picture) said.

Although OSK Research has said that BN is likely to improve on its performance in the 2008 general election due to indications of a swing of support to the ruling coalition, he said BN leaders shouldn't be too comfortable with the positive news.

The report said that the incumbent government was likely to increase its share of parliamentary seats and that most investors were expecting the general election to be held by March 2012.

 

READ MORE HERE.

Malaysia Children's Day

Posted: 22 Oct 2011 12:29 AM PDT

Press Statement By DAP Secretary-General and Penang Chief Minister Lim Guan Eng

Dato' Seri Shahrizat Abdul Jalil Should Be Pro-active And Courageous In Upholding The Child Act 2001 And United Nations Convention of the Rights of the Child To Ensure Them A Safe Physical, Emotional And Mental Environment.

On the occasion of Malaysia Children's Day, Minister of Women, Family and Community Development. Dato' Seri Shahrizat Abdul Jalil should fulfil her Ministerial duty to be pro-active and courageous in upholding the Child Act 2001 and the United Nations Convention of the Rights of the Child to ensure them a safe physical, emotional and mental environment. 

In the past she has paid lip service in opposing child brides but refused to act to take corrective measures. However lately she has even failed to condemn those who lie about innocent children or use innocent children as their object of fun to score political points.
 
Sharizat's failure to reproach or condemn UMNO Youth President Khairy Jamaluddin for perpetuating a lie that my 16 year old son had sexually outraged the modesty of his classmate shows that Sharizat has failed in her Ministerial duty to protect the basic fundamental rights of a child to live with dignity and safety.
 
Amongst some UMNO leaders who highligted this shameful episode in the blogs is Bukit Gelugor(Penang) UMNO Division vice-chairman Dr Novandri Hasan Basri. He was then followed by many UMNO leaders rehashing the lies. Sadly even UMNO Youth chief Khairy Jamaludin joined in these shameful lies by poking fun at my son with this tweet:-
 
@Khairykj Khairy Jamaluddin
@PapaGomo Mungkin dia roboh Kampung Buah Pala sebab nak ganti dengan Kampung Buah Dada.
http://twitter.com/#!/Khairykj/status/125841671102529536
 
Even though the alleged victim had come out with a statement denying the lies, there is no remorse or apology as yet from Khairy or UMNO leaders.
 
The Child Act 2001 stipulates that every child is entitled to protection and assistance in all circumstances. No protection was afforded to my child when his photo was plastered all over the blogs and some media outlets. Furthermore, this contravenes Article 16 (Protection of Privacy) of the United Nations Convention of the Rights of the Child to which Malaysia is a signatory. No child should be subjected to libel or slander.
 
What has Sharizat done to protect not just my child but also any child subject to such lies and slander? Violence against children whether physically, emotionally or mentally cuts across all sectors and violates their rights to protection and a safe environment.
 
I speak for every parent when I say we live for our children. We work to provide a better life for them. We struggle to ensure their world is better than ours. We strive to protect them from the evils of the world, especially when they are still young.
 
As a father, there is no pain worse than the helplessness you feel when you are unable to defend your innocent child against brutal, inconsiderate and appalling abuse. If you want to finish me off, do your worst but leave my innocent children alone.
 
Sharizat had said that as a mother, she constantly fears for her child safety. The question now is how is she going to act when the emotional security and mental well-being of a child is being violated by lies and slander?
 
In Malaysia, the Child Act 2001 [Act 611] was enacted to fulfil our obligations under the United Nations Convention on the Rights of the Child. In the preamble, it is stated that every child is entitled to protection and assistance in all circumstances without regard to any status. The provisions of this act are based on four core principles, namely: non-discrimination, best interest of the child, right to life, and respect for the views of the child.
 
What has she done to act against those responsible, including holding high political office, who have violated the spirit of these laws? Why has she chose to remain silent and passive when failure to act will only encourage more of similar mental and emotional abuse of children in future. Today my child may be the victim but will your or another child be the victim tomorrow.
 
Let's act now to ensure that the needless trauma that my son had to go through because of such lies is not repeated on another or any innocent child.
                                                                           
 

The stupidest comment of ‘em all

Posted: 22 Oct 2011 12:22 AM PDT

Either Muhyiddin cannot read or he is not so intelligent to understand what the media have been reporting during the last few days. Not only has the principal of the school where the alleged incident was said to have committed come out to refute the lies by the Umno bloggers, but the so-called victim whose photograph was used by the unethical and uncouth Umno people has also issued a strong statement refuting their wicked lies.

Comment by Thomas Lee Seng Hock

I am simply amazed and stunned that a person of Tan Sri Muhyiddin Yassin's status can come out with such a stupid comment on the case of Lim Guan Eng's son.

The Deputy Prime Minister cum Education Minister (sic) has remarked that Guan Eng's denial of the sexual harassment claims against his son was "inadequate".

Muhyiddin told the media on Saturday 22 October 2011 that if the Penang chief minister "thinks it is important to correct the information, then he has to come up with a strong statement; mere denial is not enough."

Either Muhyiddin cannot read or he is not so intelligent to understand what the media have been reporting during the last few days. Not only has the principal of the school where the alleged incident was said to have committed come out to refute the lies by the Umno bloggers, but the so-called victim whose photograph was used by the unethical and uncouth Umno people has also issued a strong statement refuting their wicked lies.

What "strong statement" does the deputy prime minister and Umno deputy president expect Guan Eng to out with to counter the evil personal assault against his son? Any simple person with just simple common sense will know that the whole mischievous fiasco was fabricated with the deceitful intent of sabotaging the political achievements of Guan Eng, especially so after the strong denial by the school principal and the firm refutation by the young lady named in the false accusation.

The most crude and crummy statement by the deputy prime minister is surely a very sad reflection of the quality of our federal leaders, whose intelligence is generally found wanting. How can we achieve the status of a developed nation and high-performance citizenry when our deputy prime minister, who is also the education minister, is a person of such irrational and irresponsible character?

Muhyiddin's performance as education minister has been the subject of contemptuous ridicule and derision among the educated class and intelligentsia of the nation, especially his inconsistent and fickle policy on the use of the English language in the teaching of science and mathematics. His constant changing merry-go-round manaeuvre of the schooling system is confusing not only the students, but the teachers and parents, too.

Evaluating his comment on the case of Guan Eng's son objectively will lead us to the conclusion that Muhyiddin is certainly not fit to be a government leader, and it is surely horrifying to think that he may even become the prime minister one day!

If we entrust the nation into the hand of such people, who lack the character, wisdom, intelligence, credibility, and integrity, then woes betide us.

And while I am on this issue of Guan Eng's son, I want to say that the silence on the part of the prime minister and leaders of the Barisan Nasional component parties like the MCA and MIC is surely deafening.

The whole fiasco should be publicly censured and condemned by all right-thinking and righteous persons, but the Umno president is apparently condoning the dastardly diabolical smear campaign against Guan Eng and his son by keeping quiet. Any real and credible stateman would take a firm stand against such disgusting evil action on the part of the Umno bloggers, and express real strong revulsion and profound indignation on the matter. But not the Umno president or any of the Barisan Nasional component party leaders. So sad that these are the people on whom the destiny of the nation is dependent on now.

Hence, I believe it is time that all true and patriotic Malaysians who love the country and call Malaysia their home should unite at the ballot box to create a political revolution to bring about a real transformation to the life and thoughts of the nation and its people. This has nothing to do with racial affiliation or religion affinity, but simply the coming together of all peace-loving Malaysians to bring about the installation of a competent, accountable and transparent (CAT) federal government comprising aficionado leaders who are morally righteous, truthful, honest, credible, incorruptible, and people-centric.

The fate of our nation lies in our hands, in how we vote at the next general election. We either break the long-time bondage of being under a crooked and corrupt regime, or we bring in a new era of transformed and transfigured people=centric administration operating on the profound democratic principle of government of the people, by the people, for the people.

 

Aziz Bari's suspension - Najib sabotaged by his own govt and party?

Posted: 22 Oct 2011 12:08 AM PDT

Media Statement by Lim Kit Siang

Prof Aziz Bari has become a critical test case whether Malaysia is moving towards greater democrartisation, academic excellence and enhanced International oompetitiveness or the reverse.

The suspension of Aziz by IIUM could not have come at a worse time for Prime Minister Datuk Seri Najib Razak's National Transformation Programme whether government, economic or political.

It has firstly thrown into doubt Najib's political will, commitment and stamina whether the Prime Minister and his administration are prepared to see through the wide-ranging government, economic, educational and political  reforms without which Malaysia stands no chance of escaping from two decades of middle-income trap, overtaken by one country after another most notably Hong Kong, Singapore, Taiwan and South Korea.

Malaysia cannot expect to achieve the goal of a high-income developed nation unless and until we can produce world-class universities, not just in the eyes of Ministers but acknowledged internationally. 

The failure of any Malaysian university to get into the recently-released Times Higher Education (THE) World Top 400 Universities Ranking 2011-2012 is powerful testimony that Malaysia is not doing enough to train, retain and recruit talents to transform our economy into a knowledge economy so as to restore our international competitiveness.

The suspension and persecution of Aziz Bari for expressing his views and comments will be a message to the international academic community that Malaysia is not prepared to accept and respect academic freedom resulting in worsening of brain drain of Malaysian talents and condemning the Talents Corporation to failure to attract brain gain from the Malaysian diaspora and the world intellectual resources.

Politically, Aziz's suspension has come as a slap-in-the-face for Najib's recent claim of wanting to make Malaysia 'the best democracy in the world''. If Najib is sincere,  then the curbs and fetters undermining academic freedom and excellence like the Universities and University Colleges Act should be repealed! But instead we have the Aziz Bari persecution - reminder that the undemocratic mentality and mindset of repression in key institutions in the country are still in full control of the levers of power despite all the sloganeering about democratization and political transformation.

Why was Aziz Bari arbitrarily suspended at variance with Najib's call for democratisatio  and government, economic and political transformation? Is Najib being sabotaged from inside his party and government?

Najib's should  direct that the suspension of Aziz by IIUM be revoked immediately and cause an investigation why his call for democratization and government, economic and political transformation is being flouted so blatantly by his own subordinates in government and party!

Two-thirds Majority

Posted: 22 Oct 2011 12:06 AM PDT

By Hakim Joe

When Malaysians gave total control to the Alliance Party by voting in 51 parliamentarians out of a total of 52 contested seats (98%) in 1955, and 74 parliamentarians out of a total of 104 contested seats (71%) in 1959, they are in reality placing their immediate future and the future of their kids and grandchildren in the hands of the politicians.

 

The Malay-dominated ruling elite then proceeded to use this unprecedented majority in Parliament to elaborately construct an electoral system that practically guaranteed that it could never be removed from power, ever. Additionally, they instituted a wide range of political controls and passed an assortment of laws that restricted interference, criticism and opposition from any single individual or group within Malaysia. 

So when BN leaders and former leaders tell you that Malaysia is overtaken by minorities' interests, they are telling a blatant lie. No Non-Bumiputera can ever aspire to become the Prime Minister of Malaysia no matter how suitable or appropriate he or she is for the job or even if 100 percent of Malaysian voters voted him in. The Malaysian Constitution forbids it and that is what I meant by political controls.  

A lot of Malaysians are now ecstatic when the news that the Government is planning to repeal the Internal Security Act was announced by the PM on Malaysia Day. The trouble is that no time frame was ever declared and that the foundations to reintroduce a similar law as a replacement for the ISA are still practically in place. It is called the "Emergency Powers" and is enshrined in the Malaysian Constitution. 

Clause 1 of the Malaysian Constitution states that the Yang di-Pertuan Agong may issue a proclamation of emergency if he is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened. Clause 2 states that this emergency proclamation can be declared before the actual occurrence of the event if the Yang di-Pertuan Agong is satisfied that there is imminent danger of the occurrence of such event(s). Clause 8 states that the satisfaction of the Yang di-Pertuan Agong shall be final and conclusive and cannot be challenged or called in question in any court on any ground. 

It is understood that in such cases, the Yang di-Pertuan Agong will be acting on the advise of the Malaysian PM and there are no automatic withdrawing or time-lapse of such a proclamation once it is declared as exhibited by the first emergency proclamation after independence in 1964 after Indonesia launched its policy of confrontation against Malaysia and the 1969 Emergency Proclamation after the race riots. 

Once an emergency proclamation has been made, the Yang di-Pertuan Agong has the ultimate "power to promulgate ordinances that possess the same force and effect as an Act of Parliament" and "may be exercised in relation to any matter with respect to which Parliament has powers to make laws, regardless of the legislative or other procedures required to be followed". 

Additionally, Parliament has an unrestricted power to "make laws with respect to any matter, if it appears to Parliament that the law is required by reason of the emergency". It is also stated that neither ordinances nor acts passed under the emergency powers can be found "invalid on the grounds of inconsistency with any provision of the Constitution" except for provisions relating to religion, citizenship, language, Islamic Law, Malay customs and native law and custom in East Malaysia.

 

Malaysia is legally still in a State of Emergency and based on the grounds that it cannot be challenged in a Court of Law, it is not necessary for the Government to show cause that a grave emergency has in fact existed or still exist within the society. There is no burden of proof necessary. Failure to lift an emergency proclamation has in fact left the government with far-reaching and legally unchallengeable powers that can be brought into force at any juncture of time without the need of Parliamentary approval or the need to declare a new emergency. 

Emergency proclamations can be issued nationwide or to a particular state only. In 1966, emergency was proclaimed in Sarawak after the East Malaysian state has fallen to the opposition party SNAP. In 1977 this happened to Kelantan after PAS won the state elections. In both incidents, the central government took over control of the state and deposed the legally elected government. PAS won back the state in the subsequent elections but Sarawak was never lost to the opposition again.  

Legally, BN can advise the King to declare separate statewide emergencies in Penang, Selangor, Kedah and Kelantan today and take over the state government without fearing any legal recourse. They are not doing it because such an action will have its setbacks but it does not mean that they cannot do it. 

Lifting of Emergencies are no euphoric events either as shown in the lifting of the 1948 Emergency in 1960. The Alliance Party (71% Majority) used powers derived from Article 149 of the Constitution to introduce the ISA with the reasoning being that such a law is urgently required to combat Communism in the country after the Emergency is lifted. The ISA Bill sailed through both the Dewan Rakyat and Dewan Negara smoothly without any noticeable opposition. If an individual is detained under the ISA, it means indefinite detention without charge or trial.  

In 1987, Malay Christian Jamaluddin Osman was detained under the ISA for his allegedly proselytizing activities after the government claimed that he was festering animosity between the Muslim society and the Christians. In the Supreme Court of Malaysia, Chief Justice of Malaya, Tan Sri Hashim Yeop Sani ordered the release of Jamaluddin Osman concluding that, "we do not think that mere participation in meetings and seminars can make a person a threat to the security of the country. As alleged to the conversion of the six Malays, even if it was true, it cannot be regarded as a threat to the security of the country". 

This was a no-no for the government and in 1989 amendments were made to the ISA that virtually eliminated the possibility of court challenges to indefinite detention under the ISA. This gave the Government carte blanche to detain (and not arrest) any individual without charge or trial for an indefinite period. The government was also no longer compelled to attempt to establish a credible link between the detainee and any actions deemed to be a grave threat to the security of the country. One could be eating nasi lemak alone at Steven's Corner in Pandan Indah (if you could get someone to take your orders in the first place) and be eating nasi lemak in Kamunting the next day and no Court of Law in Malaysia could get you out from there. 

Subsequently a High Court Judge declared that, "it is not competent for the court to inquire into the sufficiency, relevance or otherwise of the allegations of facts (if any). The (Home) Minister's finding is a subjective satisfaction and is not subjected to judicial review". 

Another few laws introduced to "protect" the government are the Sedition Act and the Official Secrets Act. While it can be argued that these laws were deemed necessary to preserve public order, in practice their implementation restricted fair play on the political background as these laws were used to restrict the opposition's scope for public criticisms of governmental actions. 

In 1948 when the Sedition Act was first introduced into law, the Colonial Government used the act to direct against offences such as inciting disaffection against the government, inciting contempt for the administration of justice and raising discontent amongst the people. In 1969, the Sedition Act was amended to cover matters and issues with a tendency to promote ill feeling and hostility between different races or classes of the population of Malaysia. Also introduced into the Sedition Act was the banning of "any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III of the Federal Constitution (dealing with citizenship) or Article 152 (establishes Malay as the National Language), 153 (safeguard of the special position of the Bumiputeras) and 181 (sovereignty of the Malay Rulers) of the Federal Constitution". 

In 1971, the Federal Constitution was re-amended to extend the application of the Sedition Act to Parliament itself, thus removing parliamentary privileges from discussion of these topics and other issues considered sensitive. All amendments to the Sedition Act required a two-thirds majority for it to be passed in Parliament and even when the Alliance Party did not possess quite the necessary numbers, talks were already in an advanced stage with Gerakan to join the Alliance Party. The PGRM sell out gave the Government sufficient votes. 

Both the Sedition Act and the Official Secrets Act hold extensively far-reaching scopes and legally outlaw an individual to inform another individual of any information that is in the possession of the government regardless of how trivial, insignificant or widely known it already is or is in publication worldwide outside the boundaries of Malaysia. Whether that information is correct, true or otherwise is not in question here and any violation of these laws are punished by mandatory jail terms from one to fourteen years under the penal code if one is found guilty by a Court of Law in Malaysia. 

De-politicizing potential opposition is yet another political control instrument in place here. In many Third World nations (and yes, Malaysia is considered as one), opposition to existing governments comes from workers, students and peasants. Malaysia therefore introduced precautionary measures to inhibit its growth. 

In 1959, the Trade Unions Ordinance was introduced to prevent office bearers or employees of political parties from holding office in trade unions. The 1969 Essential (Trade Unions) Regulations made it illegal for a trade union to use funds for political objectives. Additionally, trade unions can only be registered into "particular" trades (in the opinion of the Registrar) and therefore it was unlawful to form large general unions covering workers from different trades and fields. The MTUC (Malaysian Trade Union Congress) is therefore strictly not a trade union but a society (registered under the Societies Act). 

In 1975, Dr. Mahathir introduced the Universities and University Colleges Act whereby students were banned from joining or allaying themselves with any political party, trade union or any other organization, body or group without the written permission of the Vice-Chancellor. Furthermore, students were prohibited from saying or doing anything that could be interpreted as supporting or sympathizing with, or opposing any political party or trade union. This applies to the academic staff as well. Either one was a politician or a student (or teacher) and not both. 

In Malaysia, peasants or rural inhabitants are politically quiescent. There are in fact no independent peasant organizations but the government already has organizations in place to control, manipulate and indoctrinate the farmers and planters. Both the secretary-generals of FELDA and FELCRA are civil servants appointed by the government. 

Additionally, the educated middle-class is controlled by the Societies Act. Members of such groups and societies are governed by laws in accordance to the Act and any infringement or purported infringements are penalized by immediate deregistration. In 1981, amendments were made to the law to make clear distinction of a political group or society from a non-political group or society, and to make any decision by the Registrar to deregister a group or society final and non-challengeable in court. In 1983, the category of political society was dropped after then ABIM chairman (who opposed the law) was recruited into Umno (1982). The ABIM (Angkatan Belia Islam Malaysia) chairman in 1981 was Anwar Ibrahim. 

All such repressive legislations could never be legally implemented unless the government possesses a two-thirds majority in Parliament. It is therefore of utmost importance that Malaysians continue to vote in opposition politicians as a precautionary safeguard against total parliamentary control by any one single political party.

 
 

Time to consider a new social contract

Posted: 21 Oct 2011 10:52 PM PDT

KHAIRY JAMALUDDIN

In my last column, I wrote about the parallel lives that some Malaysians lead. Just to recap, this is a situation where the absence of a unitary, single education system is the basis for many young Malaysians leading lives that are divorced from others from different ethnic backgrounds.

So, to take extreme but plausible examples, a Malay child could easily attend a rural national school where there are no students from other ethnic groups then go on to an all-Malay secondary boarding school and end up going to university in the Middle East where, again, he or she does not encounter a non-Malay Malaysian. Similarly, there will be Chinese kids who go to vernacular primary school, then an independent Chinese high school, finishing off in Taiwan and not come into any meaningful contact with a non-Chinese Malaysian.

The effect of these parallel lives is further worsened by occupation - the civil service is dominated by Malays and some segments of the private sector are reflective of a particular race; living arrangements - neighbourhoods are increasingly being defined by the dominance of one race; and lifestyle - the proliferation of satellite television and the Internet has allowed people to stay within their cultural silos 24/7 – for instance constantly watching television channels of their own mother tongue (although some things like Bollywood movies temporarily break the silos by cutting across ethnic divides).

In the first part of this article, I focused on education.  The other things may be important but I think the fundamental contributor to the perpetuation of these parallel lives is our democratised but divisive education system.  The existence of multiple types of schools has successfully driven a wedge between young Malaysians at their most formative years, and we have been reduced to solving this problem of polarisation and its ugly corollary, intolerance, with expensive band-aids like the national service programme.

I also pointed out two important things regarding this debate about one single school system (the Sekolah Kebangsaan) versus the present multiple-type situation.  First, there is a fallacy that if national schools taught mother-tongue languages (Mandarin and Tamil), improve quality and discipline, and addressed the common complaint that these schools have become too Malay or Islamic in character, more non-Malay parents will send their children there as opposed to vernacular schools. 

The survey results which I presented in my last column showed that a majority of Chinese parents would still send their kids to vernacular Chinese schools even if all the above reforms took place.  What was more alarming was that 60% of the respondents said that sending their children to different schools from other Malaysian kids would not worsen ethnic relations.  Essentially, this is an argument for cultural exclusivity and one that is not based on the quality of education.

Second, politically, the single school option appeared to be a non-starter.  No political party, on either side of the divide, will touch this for fear of losing votes from the affected communities. This means the parallel lines that define the state of our union are set to continue making the reality of a more united people more of a myth than a reality.

So what do we do?  I have thought long and hard about this problem and I see it as one of the most critical issues that prevents us from progressing any further.  At first, I was going to suggest more Band-Aids like having more joint activities between different types of schools or joint assemblies and other platforms, which would increase contact hours between our kids.  But then I realised that would not even be close to enough.

I looked at the problem again and revisited what I previously thought to be undoable - a single national school. I think the problem with this suggestion in the past was that it didn't tell us how this could be politically workable. Proponents would state the obvious about its benefits, especially on unity, and maybe challenge what some perceived as a constitutional guarantee for the existence of vernacular schools. But that would pretty much be the sum of the argument. It did not really tell you how this could actually happen, especially with the political stakes involved.

Here's my suggestion. We can solve the parallel-lives problem by creating a single, unitary education system where all Malaysian kids go to the same school - the Sekolah Kebangsaan. They would have maximum contact hours with each other during their formative years and grow up together. But that is not really the big idea. The big idea is about how to achieve this and more.

My proposal is nothing short of radical. I figured, since we have pretty much run out of effective Band-Aids, I think every option should be considered, even ones that appear sacrilegious. Recently, I tweeted that there needs to be a generational reset in Malaysian politics. Some people who read this took it to mean that we need to see younger leaders come through the ranks. That is, of course, true but it is also stating the obvious and not what I meant.

What I am calling for is a hard reboot of our country. When we reset everything, it allows us to reshape the basis of our union so that it reflects the challenges of our generation. Now, I am not advocating constitutional amendments but rather for us to revisit and rewrite our "social contract".

We have to remember, when the original bargain was struck, Malaysia was a very different place. The original social contract had to strike a balance between the legitimate concerns of the Malays about their position and also the desire for then immigrants to be part of this land as citizens. But much of the details were filled in later. The spirit of certain constitutional provisions like Article 153 was used to partly justify some aspects of ethnic-preferential policies. The education system was not touched under the original social contract - it allowed for the continued existence of mother-tongue schools.

So while the original social contract was relevant for its time, it does not offer us with enough solutions or room to maneuver today. What we need is a new concord among Malaysians that will help us address not only the never-ending parallel-lives issue but also deal with other fundamental issues regarding preferential policies.

Now, before I am dismissed as a traitor to my own ethnic community, let me stress something. Fundamental provisions in the constitution like Article 153 mentioned earlier would not be touched. There is no threat to the religion of Islam, the Malay language or to the Malay rulers. I think all Malaysians can agree to this.

READ MORE HERE

 

Gerakan shows support for DAP

Posted: 21 Oct 2011 06:49 PM PDT

Technology misused by certain quarters to launch personal attacks on Lim Guan Eng's son, says Gerakan vice-president Mah Siew Keong.

(Free Malaysia Today) - Gerakan has leapt to the defence of its political rival DAP over the issue of Chief Minister Lim Guan Eng's 16-year-old son been allegedly implicated in molesting a student.

The alleged incident which was reported online is turning out to be a fake accusation.

In a statement, Gerakan vice-president Mah Siew Keong urged netizens and bloggers to refrain from attacking Lim's underage son in the blogsphere, saying that such a move should not be tolerated.

The online story has been the talking point of the public, causing an uproar among politicians from both sides of the divide.

"Gerakan sympathises with… this young man," Mah said.

He said that technology was misused by certain quarters to launch personal attacks and to undermine reputation, which is "irresponsible and unacceptable".
Mah, a lawyer by training, also notes that Barisan Nasional political leaders as well as their families have also been the target of Internet attacks and smear campaign in the past.

This is also unfair and regretful, he said.

"Gerakan appeals to the leaders of Barisan Nasional and Pakatan Rakyat to close ranks to stop the irresponsible and immoral act of launching personal attacks and smear campaign through the Internet. We should stop gutter politics."

Mah also urged the Malaysian Communications and Multimedia Commission (MCMC) to step in and investigate the case.

The incident went viral on the Internet last Sunday when a few bloggers posted an allegation that Lim's third eldest child had allegedly molested or groped a fellow female student at a school.

As a result, it was speculated that the young boy was transferred to a missionary school and that the victim's family was allegedly paid off to keep quiet.

Unethical beyond words

Lim initially waited to see if the mainstream media would print such allegations, indicating that he would file libel suits against media organisations linked to Umno.

Then 24 hours later, Lim issued a statement hitting out at those who have allegedly victimised his son, urging his political deractors to attack him, but spare his son from such spurious attacks.

Eventually, the school principal denied the allegations. Shortly, the "victim", a 21-year-old former world chess champion identified as Anya Corke, who was tracked down, also said she had never met Lim's son.

READ MORE HERE

 

Low turnout dampens anti-apostasy rally

Posted: 21 Oct 2011 06:47 PM PDT

Barely 4,000 people have filled the 100,000-capacity stadium to mark the start of the assembly of a million believers.

(Free Malaysia Today) - Over an hour into the Himpunan Sejuta Umat (Himpun) and it appears that the hype has exceeded reality.

Barely 4,000 people have filled the 100,00-capacity Stadium Shah Alam and the past 90 minutes have been filled with performances by nasyid groups as the organisers wait for more seats to be filled.

Two notable names have since graced the event: Perkasa chief Ibrahim Ali, and PAS Selangor executive council member Hasan Ali.

Himpun (gathering of one million believers) is being held to "defend Islam" and reject apostasy among Muslims and was mooted after the controversial raid on the Damansara Utama Methodist Church (DUMC) on Aug 3.

It claims to have the backing of 200 NGOs representing four million Muslims nationwide.

Himpun's co-organiser, Mohd Yusri Mohamed, last week insisted that the rally was not anti-Christians amid rumblings of uneasiness that it could spark further racial tensions.

The organisers today kept to their word after learning that a group not associated with Himpun was distributing a booklet entitled "Siapa Bertanggungjawab Kristiankan Melayu Di Selangor" (Who Is Responsible for Christianising Muslims In Selangor?).

READ MORE HERE

 

Why is BN so afraid of White paper on SAS?

Posted: 21 Oct 2011 06:37 PM PDT

I fully support that an investigation be carried out on the SAS affair. If Yong is the culprit that caused the massive loss to the 55,000 investors, then let him be answerable, morally and legally. To me this is the only way to solve the whole issue. But isn't it strange that the BN keeps refusing to produce a White Paper on the issue? 

DANIEL JOHN JAMBUN

We all know the protracted issue of Saham Amanah Sabah (SAS) which was launched on a share value of RM1 and then got reduced to 20 sen ("Cheaper than kueh pisang," as many people put it) and caused a loss of more than RM400 million involving 55,000 investors. And it is still raging today, with certain groups, especially BN leaders trying to point their accusing fingers at Datuk Yong Teck Lee who happened to be the Chief Minister when SAS was introduced. The strategy is to make the people believe it was all Yong's fault, mostly because he is now no longer in the BN.

I fully support that an investigation be carried out on the SAS affair. If Yong is the culprit that caused the massive loss to the 55,000 investors, then let him be answerable, morally and legally. To me this is the only way to solve the whole issue. But isn't it strange that the BN keeps refusing to produce a White Paper on the issue? Even as early as 2004, Yong had called for a full investigation into the messy affair, saying "I hope findings of any investigation conducted on SAS by the authorities, including by the Securities Commission, should be made public so that the truth would come out." He even welcomed the DAP's statement that it would make a report to the police and the then ACA (now named MACC) on the matter. The Chief Minister, Datuk Musa Aman, appealed then that the issue be not politicized, to which LDP President, Tan Sri Chong Kah Kiat said he was not politicising the issue but was "merely clearing the air on certain facts… This is not politicising, this is telling the world what should be told. This is explaining to the people what had happened...I'm talking about responsibility. If people can stop politicizing other matters and if certain people themselves can behave then everyone else also can behave." 

In response Yong expressed surprised that although Chong said he was telling the world what should be told, he (Chong) declined to name the culprits behind the losses suffered by SAS investors. Chong didn't say it was Yong. Yong said then that Chong's "comment that he does not want to reveal the identity of the culprits shows he is deliberately concealing information at the expense of the 55,000 investors of SAS by saying HE WANTS TO GIVE FACE to the persons who are responsible for the losses suffered by Saham Sabah investors. The people have a right to be suspicious who is he protecting and why. The people of Sabah, especially the 55,000 investors of Saham Sabah, have a right to know the identity of the person whom Chong now says he wants to give face to." To date Chong never dared to reveal the names of those responsible.

This situation has continued until today. Chong clearly admitted HE KNEW who were responsible, but never said who they were. Then last year lawyer Joseph Ambrose Lee whose name kept cropping up in the SAS debacle said "I support the idea to have a White Paper because it will reveal the truth. But it (White Paper) will never happen."  Lee seems to know something very sinister, by implying the white Paper is too sensitive and dangerous for certain leaders. Dr. Yee Moh Chai, Yong's archenemy, had previously said that Yong should not hide behind the calls for a White Paper "because the Barisan Nasional state government has no time to waste."  Why is a White Paper a waste of time? Is time better spent on arguing about who is right and wrong without any real answer for more than 10 years now? Even PBS vice president Herbert Timbun Lagadan had to say something on the matter: "The onus is on Yong to explain," he said. "A White Paper cannot resolve this problem. Let the Malaysian Anti Corruption Commission (MACC) investigate." Other than PBS, Upko and PBRS also rejected the idea of a white paper. Why did Lagadan say a White Paper is unable to solver the problem? Are White Papers useless in the BN system of government? Or is it because a White Paper done in Sabah will be very biased, or impossible to do, because of the involvement of certain powerful people who are guilty in the whole affair? 

In the SAPP website, News that Matter, Foo Fook Ming writes: "Adolf Hitler once said that a LIE being repeated for a hundred times will become a TRUTH. Dr Yee had been using this tactic (by repeatedly) blaming Datuk Yong Teck Lee on the decline of SAS value. Datuk Yee being senior minister in the government for around 10 years and recently advanced to Deputy Chief Minister has access to the government information and he can initiate action against the people who were responsible for the fall of SAS price. When Yee was still in opposition he blamed the BN government on SAS but later only singled out Datuk Yong Teck Lee as his target. Now that Yee is in the position, it is his responsibility to disclose to the people and the holders of SAS the real reasons and the real culprits. He knew well who those responsible yet he chose to remain silent which was why he objected strongly to the publication of White Paper on SAS."

Even as late as last year SAPP had again proposed the production of the White Paper at the State Legislative Assembly, but to no avail. Why is a White Paper on the debacle so frightening to the BN? Is it possible that it was some Umno leaders who were responsible? I have been made to understand that prior to the launch of SAS, some Umno leaders had already been allocated substantial FREE shares! And the managers of SAS were not experienced and so were not qualified to manage an investment agency. The only party which the BN components could be really afraid of in Sabah is Umno, so is Umno or some Umno leaders the ones responsible? If not them, then who else? My question is, if it is Yong who is the real culprit it shouldn't it have been the BN to table for a White Paper at full speed? If found guilty BN can then crucify Yong,  and kill him and his SAPP politically for good. But clearly, BN doesn't dare to do this simply because UMNO/BN have something to hide. They prefer, as the Malay proverb says, to throw stones and hide the hands.  

Since this is a matter of grave public interest which concerns the money of so many  investors the BN government should have supported the proposed White Paper if it is truly transparent, accountable and open, and practicing the principle of people first and performance now which is endlessly being promoted by the Prime Minister. In the same way, all local BN component parties namely PBS, UPKO, PBRS, LDP should assertively demand the government to introduce this White Paper to ascertain the real culprit on this SAS massive failure lest they are seen as nothing more than traitors, stooges and proxies of Umno. They is no logic in them continuing to harp on Yong and yet refuse to undertake a proper investigation to reveal the truth, unless they have something very big to hide. There is still time for the white Paper before the coming 13th General Election, if BN dares to risk exposing their own guilty leaders, for the sake of the people, especially the 55,000 suffering investors.

 

No ring but what about the Birkin handbags?

Posted: 21 Oct 2011 06:29 PM PDT

As the General Elections looms, UMNO is pulling out all the stops in its efforts to reclaim the state.

Most recently, the UMNO propaganda machinery has launched an all-out charm offensive including a comic strip entitled "Who's Rosmah?" in a desperate attempt to portray her as a cost-conscious and kind-hearted "First Lady".

No matter how much glorious praise is lavished on the Prime Minister's wife by the UMNO propaganda department, it is unlikely that the term "cost-conscious" coulee be applied to her!

During the current Parliament sitting, I had put forward a question requesting confirmation whether there is any truth in the persistent rumor that Rosmah owns a diamond ring worth USD24 million and a large number of Birkin handbags. 

Minister in the Prime Minister's Department Datuk Seri Nazri Aziz in his written reply dated 11th October curtly confirmed that the rumour about Rosmah owning a USD24 million diamond ring is not true. However, Nazri evaded answering the other part of the question pertaining to the Birkin handbags.

Indeed, the Royal Custom and Excise Department of Malaysia had confirmed that there was no transaction pertaining to the diamond ring as the ring had been returned to the U.S. company that owns it.

Now, if Nazri so obviously chose not to clarify the Birkin handbag question, does this mean that this particular rumour is true?

It is a known fact that Rosmah has appeared in public countless times clutching her Birkin handbags. Going by the photos compiled by netizens, the number of Birkin handbags carried by her in official functions as well as when she is on holiday adds up to not just one or two but at least 11 in different colours!

Manufactured by Hermès since 1984 and named after the British actress/singer Jane Birkin who resides in France, a Birkin handbag is a universally recognized as a symbol of extravagance and wealth. Due to its limited quantities therefore causing a huge demand, the price of a Birkin handbag ranges from USD9,000 to USD150,000.

Let us analyze the situation further. Najib started his political career at the age of 23 by inheriting, without a fight, the parliamentary seat held by his father, Tun Abdul Razak who was the second Prime Minister of Malaysia. In his smooth-sailing political career, he was appointed as a Deputy Minister by the age of 25, and then Menteri Besar of Pahang at the age of 29. He returned to Parliament when he was 33 and was appointed as Culture, Youth and Sports Minister. He then held various ministerial positions such as Minister of Defence (1991), Minister of Education (1995), Deputy Prime Minister (2004) and DPM-cum-Minister of Finance (Sept 2008). Although the salary of a Prime Minister or a Minister is quite considerable, surely the salary isn't so high that one can easily afford such excessive extravagance such as the items being flaunted by Rosmah? 

If UMNO is fanatically pitching Rosmah as a "First Lady" of great prudence and passion for charitable work, it would bode well for its propaganda department to address the public's curiosity and valid questions regarding the Birkin handbags that accompany Rosmah wherever she goes -- whether she bought them with her own money, or they were given to her as gifts, or they are in fact just imitations bought from Petaling Street vendors.

TEO NIE CHING

DAP Assistant National Publicity Secretary-cum-Serdang MP

Email: teonieching@gmail.com

 

PAS eyeing five Negri state seats

Posted: 21 Oct 2011 02:51 PM PDT

By Zehfry Dahalan, FMT

SEREMBAN: Negri Sembilan PAS is eyeing at least five state seats for the coming general election. They are Labu, Serting, Klawang, Lenggeng, and Johol.

PAS currently only has one state seat in Paroi out of the 15 seats controlled by Pakatan Rakyat.

The state seat that the party thinks it has a great chance of winning is Labu, which is held by Umno state assemblymen Hasim Rusdi, who is also a state executive council member.

PAS' confidence was boosted by recent developments in Labu where about 150 Umno members led by the Labu Residents Association president Aziz Samsudin, a former Umno member, crossed over to PAS last month.

"We are confident of snatching the Labu seat from Umno this time around as Rasah Umno led by Hasim is facing an internal crisis.

"Hasim is at loggerheads with Rasah Umno Youth and state Umno Youth chief, Helmi Din. Both Hasim and Helmi are not carrying out any activities in Labu because of the dispute between them.

"Furthermore, the 150 Umno members who joined PAS are from Labu Hilir, which is Hasim's 'kampung' or fortress", said Rasah PAS chief, Anuar Azhari.

Anuar is expected to contest the Labu seat this time as PKR is set to return it to PAS. In the 2008 general election, Mokhtar Ahmad from PKR lost to Hasim by 1,405 votes.

The latest racial composition for Labu is Malay (65.7%), Indian (19.2%), Chinese (13.5%) and Orang Asli (1.08%).

PAS is also mounting a serious challenge in Serting where the campaign will be led by Jempol PAS chief, Abdul Rahman Ramli.

A recent court case involving 766 Felda Serting settlers who sued the Felda management over the issue of the extraction of low grade oil palm augers well for PAS in Serting.

Two more court cases involving Felda Serting and Felda Raja Alias settlers against the Felda management also gave for PAS the chance to make inroads into Serting.

"With all these developments we finally broke the ice in Felda settlement areas where in the past Felda is the strongest Umno fortress not only in Negri Sembilan but also in other states where Felda schemes are located.

"We (PAS) together with PKR and Anak (National Felda Settlers' Children Association) are organising many awareness programmes in Felda schemes in Serting and Jempol on the rights of the settlers.

"The response has been very encouraging where hundreds of the second and third generation of the Felda settlers joined either PAS or PKR in recent months," said Abdul Rahman.

 

READ MORE HERE.

OWC stirs controversy again

Posted: 21 Oct 2011 02:47 PM PDT

(The Star) - PETALING JAYA: The Obedient Wives Club (OWC) stirred up fresh controversy when its founder claimed that spiritually, a man can have sex with all his wives simultaneously.

Club founder Hatijah Aam, who is also the author of the controversial book Seks Islam Perangi Yahudi Untuk Kembalikan Seks Islam Kepada Dunia (Sex in Islam Wage War Against Jews To Return Islamic Sex To The World), said that when a man reached the highest spiritual level, "he can appear in multiple apparitions and have sex with his wives even though they are in separate locations".

"We never said that a man can have an orgy with all his wives on the same bed.

"That is not allowed.

"What we meant is when a man has reached the highest spiritual level, he will be granted the ability to have sex with his wives spiritually," she said.

"This is how men who were at war in the past satisfied their needs," she said at a press conference here yesterday from Mecca, Saudi Arabia, via Skype.

The club is going ahead with the global launch of the controversial sex guide despite protests from women's groups.

Hatijah said the book would soon be launched globally in countries where OWCs have already been set up, including Singapore, Indonesia, Australia, Egypt, Syria, Jordan, Britain and France.

However, the club does not intend to launch the book in Malaysia.

"The book was meant to be circulated among our members only.

"We knew that the public's reaction to the book would be negative because they do not understand the concept," said Hatijah, who is also the wife of late Al-Arqam founder Ashaari Muhammad.

Women's groups like Sisters in Islam, All Women's Action Society and the Women's Aid Organisation described the book as a cheap publicity stunt designed to raise the profile of the club.

Hatijah defended the importance of the detailed sex guide on grounds that sex is God's gift to married couples and they should be educated on the ways to approach it.

"Sex is the main reason people get married. And in a way, the climax is like heaven on earth," said Hatijah.

She also explained that like praying, sex between married couples was also a pious act.

"So, why can't we teach people how to do that in a pure way?" she asked.

Aziz Bari maintains UIA suspended, barred him from campus

Posted: 21 Oct 2011 02:40 PM PDT

By Yow Hong Chieh, The Malaysian Insider

KUALA LUMPUR, Oct 22 ― Prof Dr Abdul Aziz Bari has insisted that he has been suspended without pay and barred from the International Islamic University of Malaysia (UIAM) campus pending an internal inquiry despite a denial from the university administration.

UIAM Rector Prof Datuk Dr Zaleha Kamaruddin told reporters yesterday the constitutional law expert was "free to enter the university and associate with the faculty" during his week-long suspension for his statement on the Selangor Sultan.

Abdul Aziz said today in a clarification issued by his lawyer, Dr Zulqarnain Lukman, that the show-cause letter he received from UIAM on October 19 clearly stated he was not to enter the university's premises during the probe without written permission from the dean.

"Kindly take note that pending the completion of the University's investigation into the above allegation and the outcome of any inquiry which the University may wish to conduct, you shall be suspended from service on full pay with immediate effect, until further notice," the letter read.

 

READ MORE HERE.

Sabah’s right: Jeffrey disputes historian’s view

Posted: 21 Oct 2011 01:10 PM PDT

By Michael Kaung, FMT

KOTA KINABALU: Malaysian history professor DS Ranjit has come under fire in Sabah for declaring that the people of the state no longer have the fundamental right to self-determination as their legislators had surrendered that power a long time ago.

The Universiti Malaya historian, whose talk entitled "Sabah prospects and retrospect: The aftermath of colonial rule" here on Thursday, put forward the argument that the British colony which had joined Sarawak, Singapore and Malaya to form Malaysia on Sept 16, 1963, would never be able to legally withdraw from the union.

The state's autonomy champion, maverick politician Jeffrey Kitingan, promptly disputed this fact, saying the argument put forward by Ranjit was guesswork and unsound.

Jeffrey, the chairman of United Borneo Front (UBF), was imprisoned without trial under the infamous Internal Security Act (ISA) in 1991 for allegedly having secessionist views during the rule of Parti Bersatu Sabah (PBS) from 1986 to 1994.

"The major issue, with regard to Sabah's right to secession, is the fact that the Malaysia Agreement is now viewed by the general opinion to be invalid from the moment Singapore left the federation," he said.

"This is due to the fact that by normal understanding of law, if a signatory to an agreement withdraws from the agreement, the agreement automatically becomes invalid and no longer in effect."

Sabah, Sarawak not consulted

Jeffrey reminded Ranjit that when Kuala Lumpur decided on the expulsion of Singapore, it did so unilaterally without consulting Sabah and Sarawak though they were equal partners in the formation of Malaysia.

"While this is another case of a condescending attitude of KL towards the Borneo states, it was also a contravention of the mutual agreement and mutual consultation as established during the signing of the Malaysia Agreement," he said.

"As to the excuse that Sabah has no right to secede because the State Legislative Assembly passed a resolution that Sabah would not secede, we must remember that the same house could have made the opposite decision.

"The resolution can even be reversed today if enough members of the house agree to do it."

Replying to Ranjit's question that "…if the original agreement was null and void after Singapore's expulsion, then why did the state assembly pass this law?"  Jeffrey said that the assembly must have made a resolution not to secede because of pressure from Kuala Lumpur, and there was fear that the agreement was actually null and void.

"If the agreement was still in effect and valid, why the need to pass a law to validate the agreement?" he asked.

 

 

READ MORE HERE.

Najib bullish on China FDI despite deal flip-flops

Posted: 21 Oct 2011 12:47 PM PDT

By Yow Hong Chieh, The Malaysian Insider

KUALA LUMPUR, Oct 22 — Malaysia expects foreign direct investment from China to grow despite a slate of recent last-minute reversals on deals with Chinese firms.

Prime Minister Datuk Seri Najib Razak said today FDI from China in the first eight months of 2011 had already grown 62 per cent from last year's total of US$208 million (RM645 million) to US$337 million and that there was still room for expansion.

"I hope China continues to see Malaysia as a good source of investment opportunities and that, in return, China will become an increasingly important source of FDI, not only in Malaysia but also in Asean," Bernama quoted him as saying at a roundtable with leading Chinese firms at this year's China-Asean Expo.

Najib (picture) also said the Malaysian Investment Development Authority (Mida) was in talks with Chinese companies on several projects, including in the agriculture, plantation, chemical, renewable energy and green technology sectors, some of which would materialise in the coming months.

Malaysia has in recent weeks snubbed Chinese firms in billion-ringgit deals in favour of local interests, prompting opposition lawmakers to warn Putrajaya its shifting position would further dent Malaysia's chances of spurring trade.

Earlier this month, the Finance Ministry dropped Chinese developer Everbright International Construction Ltd's US$1 billion redevelopment plan for Pudu Jail in favour of splitting the eight-hectare prime land into three parcels to be developed by mainly Bumiputera companies.

The Malaysian Insider understands that Pudu Jail land owner UDA Holdings Bhd had been told by the ministry to reject the Chinese bid despite a majority board decision in favour of the plan.

Putrajaya also decided to forgo a cheap RM2.6 billion loan from China to build the Second Penang Bridge and has instead asked state-owned Bank Pembangunan to further underwrite the construction of the 24km bridge, due in 2013.

The loan, seen as a sign of closer ties between Malaysia and its largest export market, was set with an interest loan of three per cent for 20 years, understood to be marginally lower than the rate offered by Bank Pembangunan.

 

READ MORE HERE.

UIA justifies Aziz Bari’s suspension

Posted: 21 Oct 2011 12:38 PM PDT

By Melissa Chi, The Malaysian Insider

KUALA LUMPUR, Oct 21 — The International Islamic University Malaysia (UIA) has said Prof Dr Abdul Aziz Bari's suspension is not a "punishment" as his salary has not been docked and he can still enter the campus.

UIAM Rector Prof Datuk Dr Zaleha Kamaruddin told reporters yesterday the week-long suspension was to enable a detailed investigation to be carried out over allegations that the law professor criticised the Selangor Sultan.

"The university will pay his salary as usual and he is free to enter the university and associate with the faculty," she said.

Hundreds of UIA students gathered at the Gombak campus yesterday to demand the lecturer's reinstatement.

Abdul Aziz's (picture) colleagues and lecturers from other universities also backed him as he repeated yesterday that he did not attack the Selangor Sultan.

He had said he was fulfilling his role as an academic when he said earlier this month that the Sultan had intervened in an "unusual and inconsistent" manner on a church raid by religious authorities.

The suspension, beginning last Wednesday, followed Abdul Aziz's recent statement questioning the Sultan's decision with regard to the Selangor Islamic Religious Department (Jais) raid on the Methodist Damansara Utama Church (DUMC) last August 3.

Abdul Aziz is, however, obliged to respond to the show-cause letter issued to him by the university last Wednesday.

Zaleha said if he fails to reply within the given period, he would be summoned before the disciplinary board.

 

READ MORE HERE.

Cinema censorship in Bangi continues to draw criticism

Posted: 21 Oct 2011 11:30 AM PDT

By Wani Muttiah, The Star

PETALING JAYA: The cinema ban in Bangi by PAS is continuing to draw flak, with many describing the move as arbitrary and ludicrous.

Selangor Umno information chief Abdul Shukur Idrus said he failed to see the logic behind the ban.

"What is their motive? Do they actually think that having a cinema would corrupt morality?" he asked, challenging the party to impose a state-wide ban.

Selangor MCA secretary Wong Koon Mun said that instead of banning cinemas, PAS should look into the increase in immoral activities in the state after Pakatan Rakyat took over Selangor.

"There has been an increase in vice dens and also massage parlours, pubs and karaoke outlets since 2008.

"Why hasn't PAS said anything about this?

"They are shooting at the wrong target by banning cinemas in Bangi," he said.

MIC secretary-general S. Muru­gesan said PAS should "stop shoving its skewered values down people's throats".

"Cinemas are a legitimate and wholesome platform for entertainment.

"I don't know why PAS is viewing cinemas from a negative aspect," he added.

Writer Colin Kuan, 31, said it was annoying that PAS had initiated such a ban.

"It is ridiculous in this day and age that PAS is taking us back to the dark ages with its warped sense of morality," added Kuan, who writes for a magazine.

Veterinarian Dr Devan Arumugam Lingam said PAS was nit-picking on issues that had little impact on the country's progress.

"I also feel that a basic right is being taken away from me," said the 29-year-old.

He said the move indicated that the Selangor Government and Pakatan Rakyat had failed to come up with policies that suited the people.

TV profligacy

Posted: 21 Oct 2011 11:19 AM PDT

By P Gunasegaram, The Star

Increased distribution channels for home TV may well result in a proliferation of offerings to Malaysian viewers. But then again will it?

MUCH is happening at television these days. We now have high definition (HD) with crystal clear images on satellite TV and if the government undertakes a RM2bil programme to digitalise terrestrial TV, you may get HD over the air too.

We already have TV over the Internet in addition to the traditional terrestrial and satellite channels, leaving only cable yet to be developed as a major distribution channel.

But, the latest news is that we may also be plugged in via cable with a company already having obtained rights to that and recruiting heavily so as to be able to start services not too long from now.

Is that a good thing for Malaysians? Will we get more choice and be spoilt silly by a plethora of channels offering anything and everything under the sun barring pornography using all four main distribution channels?

Depends. It's a question of whether the new entrants have deep pockets, a good business plan, a long-term strategy, and great execution to eventually make their ventures profitable.

Basically, at the moment, the terrestrial stations such as TV3, TV1, TV2, NTV7 etc and the sole satellite TV provider, Astro, have the market more or less sewn up. While terrestrial TV is free and depends totally on advertising revenue, Astro still depends mainly on subscription from its over one million subscribers although its advertising revenue is increasing.

Now Internet Protocol TV or IPTV threatens to change the name of the game by offering channels at quite low cost. The main players appear to be TM with its Hypp TV offered with its Unifi broadband service, Maxis and Astro.

The new buzzword with the advent of high-speed broadband or HSBB is triple play – voice (phone), Internet and video (TV). TM is offering that with its Unifi while Maxis which has access to some of TM's rollout of HSBB is looking to its own triple play offering. Astro, keen to defend its pay TV market share, is also offering it's Beyond service on Internet.

The field is decidedly getting crowded but the vital keys to success are two – delivery and programming. TM's Unifi service forces IPTV upon the subscriber – they say its free and they cannot detach it from the Unifi service, much like you have to take Streamyx together with the fixed line even if you don't want it. Why that has to be so, I don't understand.

The take up for TM's Hypp TV will depend on the Unifi rollout which still seems to be slow and which some subscribers are not keen on because of installation, which requires in some cases hacking walls and digging up gardens. Still whether people will watch Hypp TV or not will depend on programming – if it is good they will watch it but if it is not, they won't.

Good programming costs money, eventually, lots of it if you want to, say, have a hundred channels or more like Astro. That means you have to charge for it and quite a bit at that.

It's going to be pretty difficult to go against Astro which has major programming and slots already sewn up and a strong revenue base. What would induce Astro subscribers to go somewhere else? Only one thing: Better programming at lower costs.

That's going to take quite a bit of doing – a very long gestation period, plenty of unremitting investment, great execution and an excellent delivery system. It's not impossible but it's going to be very difficult. Incidentally it took Astro 10 years to break even.

And we are not even talking about cable TV yet and the costs of pulling cables into the homes!

Meantime, if you could send digital terrestrial signals with that RM2bil plan we talked about earlier, that might see a revival of the free TV stations who will depend on advertising revenue to make their money.

What would I do meantime? I am not holding my breath for TV channels. Besides, I am not a great TV fan.

I just hope I can hook up to Unifi without major renovation to my house and digging up my garden yet again, and without the bother of TV and phone.

I have a very much under-utilised Astro Beyond service which is more than adequate for all my TV viewing and radio channels too. And I have a mobile phone and can use Skype for my overseas calls. And I can get programming on the Internet.

I don't want or need triple play. I just want and need single play – just get me on the Net with plenty of speed to surf, watch and download.

But the trouble is no one will give me that alone. And I am sure there are others like me out there. And if there is a need, there is a market, no? Hello, anybody out there?

Groups: Don’t interfere with a person’s freedom to choose their attire

Posted: 21 Oct 2011 11:14 AM PDT

(The Star) - PETALING JAYA: Having regulations or snoop squads in Kelantan to check on how Muslim women dress is ridiculous, say women's groups.

All Women's Action Society Malaysia (Awam) acting president Ho Yoke Lin said there was no need to snoop on or regulate a person's dressing.

"This is absurd. Why interfere with a person's freedom and dictate how they should or should not dress?

"What are they going to regulate next? Women know how to dress themselves," she said yesterday.

Ho was commenting on the Kelantan state government's move to enact council by-laws dictating how Muslim women should dress as well as the suggestion by a state councillor that a snoop squad be set up to spy on their dressing.

The state's local councils have issued 225 compounds for violation of dress code by-laws at business premises to date, it was reported.

Women's rights group Empower Malaysia executive director Maria Chin Abdullah said women were entitled to choose their dressing.

"The authorities should not be obsessed with how women dress.

"We have to respect people regardless of whether they are women, men, Muslims or non-Muslims. Everyone has a right to dress the way they want.

"Women do not need this form of intimidation or fear put in them," she said.

Women's Aid Organisation president Mok Chuang Lian said the way a woman dresses is a personal choice and her right.

"You cannot tell them what to wear. Why must one always dictate or form laws about what women should or should not wear?"

She said the focus should not be on women's dressing but tackling issues like corruption, poverty and crime.

"Dressing should be the least of their concerns. There are other pressing issues that need to be looked into," Chin said.

Stop The Intimidation Of Dr Abdul Aziz Bari

Posted: 21 Oct 2011 11:02 AM PDT

By Ratina Osman, Sisters in Islam

Sisters in Islam (SIS) is appalled at the current targeting of Prof Dr Abdul Aziz Bari by many sectors, including the police force and the International Islamic University of Malaysia (UIA).

As an academic whose interest lies in Constitutional matters and Islamic policies, Aziz acted within his professional bounds when he commented on the fallout from the Selangor Islamic Religious Department (JAIS)'s raid on the Damansara Utama Methodist Church on 3 August.

While some may take issue with Aziz's analysis, they should engage and challenge his views via civil, public discussions instead of intimidating him. To accuse him of treason (derhaka) when he was critiquing the monarchy's exercise of its Constitutional powers is unjust and in breach of Islamic adab.

After all, SIS is no stranger to intimidation by state authorities, political parties and non-governmental organisations when we comment on issues of public interest.

Therefore, we are concerned at the way Aziz is now being treated, such as being investigated under the Sedition Act and suspended by the UIA.

SIS is thus worried at the systematic demonising and shutting down of diverse voices wanting to discuss matters of public interest related to Islamic policies and laws in Malaysia.

We hope that various parties will show mercy and compassion towards Aziz and call for the harassment on him to stop.

 

RATNA OSMAN is Executive Director of SIS Forum (Malaysia)

MCA and hudud: Final part

Posted: 21 Oct 2011 10:58 AM PDT

By Stanley Koh, FMT

At a 2006 forum to discuss problems that non-Muslims face as Malaysian officialdom continues to assert the predominance of Islam in the country, a prominent scholar acknowledged – "with "sadness", he said – that there was great confusion about the religion, especially among Muslims themselves.

Syed Ali Tawfik al-Attas, director-general of the Institute of Islamic Understanding (Ikim), said that Muslim administrators and Islamic activists generally had a poor understanding of the Islamic view of "knowledge" even as they examined the religion with a fine-tooth comb.

"That is the problem with the Muslim world," he declared.

He explained that in Islamic scholarship, knowledge is generally separated into three types: interpretation of the meaning of what is perceived, revealed knowledge, and derived knowledge that is beneficial. This effectively means that non-beneficial knowledge is not construed as knowledge.

He stressed the importance of having the correct understanding of such terminologies as "freedom", "democracy" and "Islamisation" and the equal importance of recognising that they were open to different conceptualisations.

Citing an example, he said the word the Arabs use for "democracy" could be translated as "preservation of the mind", which implies a wealth of meanings.

"Yet, this preservation is today limited to halal-haram issues," he said, adding that this was one symptom of "the truncation and tragedy of Islam".

The forum that Syed Ali addressed, which was organised by a group of think-tanks, shed much light on issues raised during the 2001 forum that MCA held following Dr Mahathir Mohamad's declaration that Malaysia was an Islamic state.

Many of those issues centred around the unhappiness of non-Muslims with the arrogance of the civil service in deciding on and implementing policies that affected the religious practices of non-Muslims.

Syed Ali's presentation made it quite clear that such arrogance was born of ignorance.

The Moorthy controversy

Referring to the case of Everest climber Maniam Moorthy, who died in 2005 and was buried as a Muslim in the face of his family's objections, Syed Ali said it would not have been such a big issue if the officials in charge had been more knowledgeable and less arrogant.

He explained that in Islam it does not matter where one is buried. He said the Moorthy controversy illustrated how it was the mind of Muslims, and not Islam itself, that was limited.

At the MCA forum, representatives from the Inter-Religious Council of Christianity, Hinduism, Sikhism and Buddhism spoke of difficulties in getting approval for land on which to build places of worship and even for the renovation of those places.

Rev Wong Kheng Kong said civil servants carried out their work with a clear bias for Islam instead of sticking to the constitutional provisions on religious rights. He feared that Mahathir's declaration would make matters worse.

READ MORE HERE

 

PKR touts newer, younger faces for GE

Posted: 21 Oct 2011 10:54 AM PDT

By Shazwan Mustafa Kamal, The Malaysian Insider

KUALA LUMPUR, Oct 22 — PKR will field fresher, young candidates for the next general election with a set criterion that aspiring lawmakers must have a solid educational background — they must be either qualified professionals or semi-professionals.

PKR secretary-general Saifuddin Nasution told The Malaysian Insider this was PKR's "new niche" or formula for the 13th general election where younger, qualified candidates will eventually replace some of the incumbent parliamentary and state representatives.

"We will be putting up younger, skilful candidates with no political baggage," said the Machang MP.

The Malaysian Insider understands that the PKR national leadership has begun talks with incumbent lawmakers with regards to allowing "new blood" to take over some seats. It is also learnt that some representatives have expressed "willingness" to allow the process to take place.

"Party leaders have started talking to incumbents informally, it won't be that easy but the process will take place," Saifuddin (picture) said.

He remained optimistic about PKR's survival and future in Malaysian politics despite the fact that the 12-year old Pakatan Rakyat (PR) coalition party has seen its fair share of controversies, with as many as five MP defections last year as well as a fractious attempt at direct party elections

"Since this year, we have been recruiting, and have been receiving applications from young aspiring candidates, some already members and some new members, with as many as seven to eight interested candidates per constituency.

 

READ MORE HERE.

Sebelum ambil tindakan ke atas Prof Aziz Bari, ambil tindakan terhadap pemimpin UMNO dulu

Posted: 21 Oct 2011 04:05 AM PDT

ASPAN ALIAS

Sekarang Aziz Bari dari UIA pula yang menjadi sasaran. Saya selalu berkata di dalam pimpinan UMNO dan BN bercakap benar adalah satu kesalahan. Berbeza pendapat itu adalah kesalahan. Jika sesiapa yang mengkritik secara berterusan akan ada sahaja helah untuk memberikan tekanan kepada seseorang itu.

UMNO dan BN sudah beraja di hati dan bersultan di mata. Aziz Bari tidak mengkritik Sultan tetapi beliau di tuduh berbuat demikian. Mereka berkuasa dan mempengaruhi pentadbiran UIA untuk menghantar surat tunjuk sebab kepada Aziz Bari. Kata-kata Aziz Bari di interpretasikan sebagai menderhaka kepada Sultan.

Entah bila UMNO ini sayang pada Raja saya pun tak tahu. Setahu saya UMNOlah yang menderhaka kepada Raja pada 1993 dahulu. UMNOlah yang telah menelanjangkan Raja-Raja Melayu dalam krisis perlembagaan itu. Ramai pemimpin UMNO yang membuat kenyataan mengkritik Raja sebagai institusi yang kononnya sudah tiada relevannya lagi.

Malahan ada ahli Parlimen bercakap begitu bongkak dengan mencadangkan Raja_Raja Melayu di ikat dan dirotan dan sebagainya. Lebih menyedihkan lagi Almarhum Tuanku Jaafar telah dituduh menyewakan tanah untuk membela babi di Bukit Pelandok. Utusan Malaysia lah yang mengetuai serangan terhadap Raja Melayu semasa itu.

Media perdana telah mensensasikan isu Raja-Raja Melayu dan memfitnah Raja Melayu seolah Raja-Raja Melayu itu lebih rendah dari manusia biasa. Apabila saya sebut isu ini ada pula yang mengatakan Dr Mahathir melakukannya semata-mata untuk kebaikan Raja Melayu itu sendiri dan berbagai-bagai alasan yang diberikan oleh penyokong beliau bagi menghalalkan tindakan menghina Raja-Raja Melayu itu.

Kenapa sekarang UMNO dan pemimpin-pemimpin yang menghina secara direct semasa itu tidak dihadapkan ke mahkamah sedangkan perlembagaan negara telah dengan terang menyatakan yang Raja tidak boleh di sentuh samada di dalam atau di luar parlimen. Kenapa Dr Mahathir, dan ramai di antara pemimpin UMNO semasa itu tidak di kemukakan kepada pengadilan sedangkan Aziz Bari yang hanya membawa pandangan akademik itu dengan pantas di perlakukan dengan tidak adil.

Aziz Bari adalah seorang tokoh akademik dan beliau mempunyai pengikut dan ramai yang memberikan perhatian terhadap pandangan beliau. Mahasiswa UIA kini sedang memberontak kerana tindakan yang tidak adil terhadap seorang tokoh akademik yang serius yang pandangannya diambil perhatian bukan sahaja oleh Mahasiswa UIA tetapi juga oleh masyarakat ramai yang mengikuti pemikiran beliau.

Hari demi hari pihak yang memerintah menunjukan sikap tidak menghargai pandangan terbuka seorang yang serius terhadap keadaan semasa negara. Tindakan terhadap Aziz Bari mendapat tentangan orang ramai kecuali dari mereka yang buntu dan jumud pemikiran.

READ MORE HERE

 

WIKILEAKS: MALAYSIA'S EIGHTH ANNUAL TRAFFICKING IN PERSONS REPORT

Posted: 21 Oct 2011 01:00 AM PDT

There were no accurate statistics for the total number of trafficking victims in Malaysia. Malaysia employed approximately 2.5 million migrant workers in 2007, 40 to 45% of whom were undocumented. Government and NGO statistics assess there are some 380,000 to 400,000 women employed as domestic servants in Malaysia, an unknown number of whom worked in abusive situations exacerbated by conditions of debt bondage. 

THE CORRIDORS OF POWER

Raja Petra Kamarudin

 Summary

1.  (SBU) Malaysia made significant efforts to combat trafficking in persons during this reporting period, marking a positive shift from previous years.  Malaysia's drafting, passage, and enactment of a comprehensive anti-trafficking in persons law represents an important advance in Malaysia's commitment to meet international standards for combating this crime. 

The government of Malaysia (GOM) took action on most of the elements included in the Tier 3 action plan that the U.S. proposed during the reporting period.  The GOM established the National Council for Anti-Trafficking in Persons (National Council).  The Council, working with Malaysia's Human Rights Commission (SUHAKAM) drafted a national action plan. 

The GOM also instituted training programs for law enforcement and government officials with new anti-trafficking responsibilities.  The Ministry for Women, Family, and Community Development (Women's Ministry) built two shelters for trafficking victims and trained the shelters' staff, along with newly designated protection officers, but had not opened the shelters as of the end of February pending full activation of the anti-TIP law. 

The Royal Malaysian Police (RMP) rescued trafficking victims and often referred them to NGOs, the Catholic Church, and foreign embassies that operated shelters and/or provided social services to trafficking victims.  The RMP continued to investigate several trafficking cases, and detained 55 suspected traffickers under the Emergency Ordinance and Restricted Residence Act.  Police often referred rescued victims to NGOs, the Catholic Church, and foreign embassies operated shelters. 

On February 28, the GOM issued three necessary "legislative supplements" bringing the new anti-TIP law fully into effect.  Malaysia has yet to comply fully with U.S. minimum standards and should address many shortfalls primarily through full enforcement of its comprehensive anti-trafficking law to include: opening of victims shelters, screening for TIP victims by relevant government agencies, and enforcement action against traffickers under the law.

Malaysia was a destination, and to a lesser extent, a transit and source country for adults and minors trafficked for the purposes of forced labor and sexual exploitation.  End Summary.

2.  (U) Embassy's submission for the Eighth Annual Trafficking in Persons (TIP) Report for Malaysia follows. Responses are keyed to paragraphs 27 - 30 of ref A. Embassy's point of contact for TIP is political officer Enrique R. Gallego (phone: 603-2148-4891 or 984-4831 (IVG), fax: 603-2168-5165, email: gallegoer@state.gov).  The Embassy spent the following time preparing the TIP report: FS-2: 12 hours; FS-3: 60 hours; FSN: 40 hours.

3.  CHECKLIST (PARA 27)

A. (SBU) Malaysia was a destination, and to a lesser extent, a transit and source country for adults and minors trafficked for the purposes of forced labor and sexual exploitation. The overwhelming majority of victims came to Malaysia seeking greater economic opportunities, but later found themselves victimized either by their employers, employment agents, or traffickers that supplied migrant laborers and prostitutes in Malaysia. 

Trafficking in Malaysia was a regional problem driven by economics.  Migrant workers from Indonesia, Nepal, India, Thailand, China, the Philippines, Burma, Cambodia, Bangladesh, Pakistan, and Vietnam accounted for nearly all of Malaysia's trafficking victims.  Trafficking of Malaysians, specifically women from indigenous groups and rural areas, for labor and sex exploitation occurred within Malaysia.

There were no accurate statistics for the total number of trafficking victims in Malaysia.  Malaysia employed approximately 2.5 million migrant workers in 2007, 40 to 45% of whom were undocumented.  Government and NGO statistics assess there are some 380,000 to 400,000 women employed as domestic servants in Malaysia, an unknown number of whom worked in abusive situations exacerbated by conditions of debt bondage. 

Tenaganita and foreign embassies reported migrant workers on plantations and construction sites were often subject to similar restrictions on their movement, deceit and fraud concerning their wages, confiscation of their passports, and often were in debt bondage to agents or employers.  There were no reliable statistics for the number of victims trafficked into prostitution, but the Royal

Malaysian Police (RMP), foreign embassies and NGOs reported at least 800 female victims were rescued from trafficking conditions in the commercial sex trade in 2007.

Approximately 20 percent of the trafficking victims sheltered and rescued by NGOs and foreign embassies were below the age of 18.  The Women's Ministry sought to contract a statistician to develop a new database so the Ministry could better document trafficking.  The draft national action plan included using data collection to analyze the scale and nature of trafficking in Malaysia.

B.  (SBU) Most trafficking victims in Malaysia were economic migrants seeking better wages than those available in their countries of origin.  Anecdotal evidence from the Indonesian Embassy, GOM, the press, and NGOs indicated Indonesia, the dominant source of migrant labor to Malaysia, remained the source of the greatest number of trafficking victims. 

Our interviews with trafficking victims revealed a common pattern.  Typically, an employment agent recruited the trafficking victim from his or her home village, in the first step of a debt-bondage arrangement with a Malaysian employer. For an initial payment, or more often for a certain debt, the recruiter obtained a passport (with false data for underage girls, usually showing the girls' age as 25), an exit permit, and transportation from Indonesia to Malaysia.

Upon arrival, a Malaysian employment agent assumed control of and assisted with entry.  The Malaysian employment agents often avoided individual immigration inspection of the trafficking victims.  Generally, the Malaysian employment agent paid the Indonesian agent for supplying the worker, or the worker acquired additional debt with the new agent for placement, employment documentation, transportation, temporary lodging, etc. 

Employment agents placed most workers in their previously agreed positions as domestics, agricultural workers, etc.  However, some agents sold individuals into brothels, karaoke bars, or passed them to sex traffickers.  Employers commonly confiscated workers' passports.  Some employers forced laborers to work long hours, without pay, until the debt-bond was paid. Reportedly, similar modus operandi applied to migrant workers from Bangladesh and Vietnam.

(SBU) Regardless of their origin, victims of trafficking were usually poor, uneducated, unskilled laborers recruited by their fellow citizens but later passed to Malaysian agents. Some victims were willingly smuggled into Malaysia or entered on tourist visas, but found themselves victimized when they voluntarily or involuntarily entered the undocumented labor market. 

Debt bondage was the most common form of control employers exerted over victims, regardless of whether the victim was employed in licit or illicit activities. Information from the Royal Malaysian Police, Catholic Church, and the NGO Tenaganita indicated organized syndicates represented the bulk of traffickers (reftels E and G).

Exploiters ranged from large plantations and factories to entertainment centers and karaoke bars to families exploiting domestic workers.  The RMP reported that a number of large organized criminal syndicates, as well as a few smaller groups, trafficked foreign women into Malaysia, using Malaysia either as the women's final destination or as a transit point to a third country.  The syndicates sometimes used employment agencies as fronts for both people smuggling and trafficking in persons. 

Sex tourism was not common in Malaysia though there were reports of sex tourism on the Malaysian island of Labuan, off the coast of Borneo (reftel

F).  There were a few reports of marriage brokers selling Vietnamese and Chinese women to Malaysian men, but such incidents appeared limited in number.

C.  (SBU) The newly formed National Council for Anti-trafficking in Persons is made up of government agencies with a role in combating trafficking as mandated in the new anti-TIP law (reftels D, I, and J).  The Ministry of Internal Security is the lead ministry regarding trafficking and the Secretary General of the Ministry chairs the Council.  Other agencies with representation on the Council are: Ministry of Foreign Affairs; Ministry of Home Affairs; Ministry of Women, Family, and Community Development; Ministry of Human Resources; Ministry of Transport; Ministry of Information; the Attorney General's Office; the Royal Malaysian Police; the Department of Immigration; the Department of Customs; and the Malaysian Maritime Enforcement Agency.  Malaysia's Human Rights Commission (SUHAKAM) also sits on the Council.

D.  (SBU) The police conducted internal training regimes to build capacity to address identified gaps in capabilities, which included identifying trafficking victims, evidence collection and management, and interagency and international coordination (reftels G and H).  The RMP worked with the United States, France, and Australia to develop training programs.  The Women's Ministry lacked practical experience assisting trafficking victims and organized training for Ministry officers, tapped as trafficking victim protection officers, and personnel tasked to operate trafficking victims' shelters (reftel D). 

Low-level corruption remained a secondary issue in stemming the flow of trafficking victims.  The RMP instituted a proactive anti-corruption campaign to combat low-level corruption.  Low-level immigration officials and police "beat cops" were among Malaysia's lowest paid public servants, making them vulnerable to corruption.

E.  (SBU) The GOM did not maintain specific statistics for trafficking in persons.  The RMP and Immigration Department provided anecdotal reports on trafficking victims rescued but had little or no data to share on actual trafficking victims. Two local NGOs, Tenaganita and the Women's Aid Organization (WAO), and the Embassies of Thailand, Indonesia, and the Philippines reported the RMP referred over 300 suspected victims of trafficking to their respective missions in 2007. At least 25 women, all Indonesians employed as domestic workers, were underage when brought to Malaysia.  In each case, they used authentic Indonesian passports, provided by recruiters, with false biographical data listing all of the girls as 25 years old.

4.  INVESTIGATION AND PROSECUTION OF TRAFFICKERS (PARA 28)

A.  (SBU)  In this reporting period, the GOM completed drafting and passed the comprehensive Anti-trafficking in Persons Act (Act 670), gazetted on July 26, 2007 (reftels I and J).  The law includes provisions for both trafficking in persons for sexual and non-sexual exploitation. 

The law's scope encompasses offenses that took place both in and out of Malaysia.  The law is applicable if Malaysia is the receiving country or exploitation occurs in Malaysia.  The law also includes cases when the receiving country is a foreign country, but the trafficking victim started in or transited through Malaysia. 

The law includes extension of the Act to extra-territorial offenses including on ships and aircraft registered in Malaysia and Malaysian citizens and permanent residents outside and beyond the limits of Malaysia benefiting from the exploitation of trafficking victims.  The law states it is the prevailing law regarding trafficking in persons and supersedes conflicting or inconsistent provisions of other written laws.

(SBU) Since gazetting the law in July 2007, the GOM brought the anti-TIP Act into force in a step-by-step process.  On February 28, 2008, the GOM issued three necessary "notifications of legislative supplements," essentially administrative notifications that put all sections of the law into force, according to the Attorney General's Office.  The notifications were legal preconditions for Malaysian police and prosecutors to take law enforcement actions under the anti-TIP law (as well as open shelters for victims, see below).

(SBU) The law's definitions of trafficking include both trafficking of persons and trafficking of children for the purpose of exploitation.  If persons convicted of trafficking also used threats, coercion, abduction, fraud, deception, abuse of power, etc., the law provides for lengthier prison sentences.  The law includes provisions for punishing persons profiting from the exploitation of trafficking victims.

(SBU) Malaysia has other laws that can criminalize trafficking or elements of trafficking.  The following is a summary of the legal provisions that authorities could use in Malaysia against traffickers in addition to the new comprehensive anti-TIP law.

-- Constitution, Articles 6(1) and 6(2): Prohibit slavery and forced labor.

-- Penal Code, Sections 340-348: Address "wrongful confinement" of a person against his/her will.  Punishments include maximum prison terms from one to three years and a fine.

-- Penal Code, Section 372: Amended in 2002 to include stronger anti-trafficking language, addresses exploitation of any person for purposes of prostitution.  Exploitation is defined to include selling, hiring, or otherwise obtaining possession of any person with the intention to employ or use the person for the purpose of prostitution (either inside or outside of Malaysia) or knowing or having reason to believe that the person will be so employed or used.  Section 372 expands the offense of exploitation to include using false pretense or deceitful means to bring into or take out of Malaysia any person; harboring or receiving any (exploited) person and wrongfully restraining any person in any place.

Wrongfully restraining is further defined as withholding clothing or property, threatening the person with legal proceedings to recover any debt or alleged debt, and detaining a person's identity card or passport.  Punishment under this section of the Code includes a prison term, which may extend to 15 years, caning and a fine.

-- Penal Code, Section 372A: Provides the same penalties as section 372 for anyone who lives wholly or in part on the earnings of the prostitution of another person.

-- Penal Code, Section 373: Provides the same penalties as section 372 for anyone who keeps, manages, or assists in the management of a brothel.

-- Penal Code, Section 374: Addresses unlawful compulsory labor and includes punishment by imprisonment for a maximum one-year term and the possibility of a fine.

-- Immigration Act, Sections 55(A) and Sections 56(1)(d): Covers a wide spectrum of immigration violations related to illegal entry or entry under false pretenses.  The Act also addresses "employing" and "conveying" illegal aliens.  The Act was amended in 2002 to toughen significantly punishments for immigration violators.  Those convicted of illegal entry face a fine of up to MYR 10,000 (USD 3,125) (USD 1 = MYR 3.2) and/or a prison sentence of up to five years, and caning of up to a maximum of six strokes.  The penalty for employing an illegal alien is a fine of between MYR 10,000-50,000 (USD 3,125-15,625) for every illegal immigrant employed and/or a prison term of up to 12 months. 

An employer employing more than five illegal immigrants will be imprisoned from six months to five years and caned up to a maximum of six strokes.  The penalty for "conveying" (trafficking) illegal immigrants is a fine of MYR 10,000-50,000 (USD 3,125-15,625) for every individual trafficked.  An individual convicted for trafficking more than five illegal immigrants will also be imprisoned for between six months and five years, and caned up to a maximum of six strokes.

-- Child Act (2001): Merges provisions from an array of diverse legislation pertaining to children and young persons (the Women and Girls Protection Act, the Juvenile Court Act, and the Child protection Act) into one law.  The Act specifically prohibits trafficking of children and makes it an offense to sell, let to hire, or procure (by threat or intimidation by false pretense, fraud, or deceit) any child (defined as anyone under the age of 18) for the purpose of sexual exploitation.  Penalties for these offenses are a maximum prison term of 15 years and a maximum fine of MYR 50,000 (USD 15,625).  The Child Act also authorizes the police to provide protection and rehabilitation for children in need.  A child in need is defined to include a child who "is being induced to perform any sexual act, or being in any physical or social environment which may lead to the performance of such act".

-- Passports Act: Criminalizes the forgery or alteration of travel documents (including passports, residence permits, and visas).  Also criminalizes false statements or misrepresentation used to gain illegal entry into Malaysia.

Penalties range from MYR 10,000-100,000 (USD 3,125-31,250) fine, 5-10 years in prison, and six strokes of a cane. Section 12(1)(f) of the Passports Act also criminalizes the unlawful possession of another persons passport; the penalty for which is a fine not exceeding MYR 10,000 and/or imprisonment not exceeding five years.

Preventive Laws:

-- The Emergency (Public Order and Prevention of Crime) Ordinance (EO): Used against persons, usually criminal syndicates that are involved in illicit activities (such as violent crime, document forgery and people smuggling), which threaten public order.

-- Restricted Residence Act (RRA): Allows the government to require individuals who are suspected of engaging in criminal activity including trafficking to move to a pre-determined location in the country and remain there under close police supervision.  The RRA does not require a formal charge to be filed against the suspected individual.

B.  (SBU) The new comprehensive anti-TIP law does not distinguish between trafficking for sexual and non-sexual exploitation.  In both cases, the law includes the same guidelines for imprisonment and fines.  The Attorney General's office did not convict anyone specifically for trafficking in persons for sexual exploitation, but detained 34 suspected traffickers under RRA and 21 suspected traffickers under EO in 2007.  The 55 suspected traffickers were allegedly involved with trafficking for sexual exploitation.

C.  (SBU) If convicted of trafficking in persons under the new anti-TIP law, a person is subject to a maximum sentence of 15 years and a fine.  For cases involving coercion, fraud, deception and cases of child trafficking, the maximum sentence is 20 years and fine.  Profiting from the exploitation of a trafficking victim carries a maximum sentence of 15 years and a fine of ranging from MYR 50,000 - 150,000 (USD 15,625 - 46,875).  The law makes inadmissible and irrelevant prior consent of the trafficking victim and past sexual behavior.

D.  (SBU) The prescribed penalties for rape include a maximum sentence of 20 years and caning.  If the woman is hurt, "put in fear of death," is under 16 years of age, pregnant, or a victim of incest, the maximum sentence is 30 years and caning.  If the victim dies, the sentence is 15-30 years and a minimum caning of ten strokes.  Under Malaysian law, rape is a crime of a man against a woman.  Rape between men is covered under a different section of the law with sentence guidelines of 5-20 years imprisonment and caning.

E.  (SBU) Federal law criminalizes profiting from prostitution and bans pornography.  The law also criminalizes the act of prostitution by foreigners.  Although not widely enforced, under Malaysia's dual legal system incorporating shari'a courts, Muslims are subject to Islamic laws prohibiting khalwat, or "close proximity", between men and women who are not married to each other.  Punishments varied from state to state, usually included a fine and jail sentence, but in most cases were settled with a warning and did not involve selling of sexual services.  Under federal criminal law, solicitation and operating and/or owning a brothel are criminal offenses.  These laws were enforced. Child prostitution is not legal.

F.  (SBU) The GOM formally brought into force the law enforcement provisions of the anti-TIP Act as of February 28, 2008, according to the Attorney General's Office (see above).

Pending this step, the GOM did not prosecute traffickers under the new anti-TIP law.  The GOM took other legal actions against traffickers and the RMP had several pending investigations into TIP rings as of late February.  On November 23, 2007, a Malaysian court convicted a 32-year old, HIV positive Malaysian citizen for procuring a 14-year-old girl for sex.  He received a sentence of 43 years in jail, 20 strokes of the cane, and fined MYR 50,000 ($15,625).  Police arrested a couple in Sabah on January 26, 2008 for holding seven Filipina women to work as prostitutes.  The couple recruited the seven women with promises of jobs as waitresses.  The couple remained in detention and the case remained under investigation at the end of February.

(SBU) The RMP reported it actively investigated cases of trafficking involving victims of commercial sexual exploitation.  Police efforts to break criminal syndicates were complicated by layers of intermediaries, some of whom reside outside Malaysia.  Often trafficking victims, both Malaysians who have gone abroad and foreigners brought to Malaysia, may only know one intermediary, who is probably using a false identity. 

In investigating cases of trafficking, police investigators attempted to question repatriated Malaysian victims as soon as they returned, but the victims usually could not or refused to provide enough information to assist the investigation.  In some cases, rescued victims feared retaliation by the traffickers.  In other cases, such as the rescue of four Filipina women trafficked into prostitution in November 2007, the women preferred to assist police in their countries of origin.

(SBU) Some of the investigations involved raids to rescue trafficking victims.  A recent raid, in January 2008, rescued 34 suspected trafficking victims hidden in a false room within a hotel.  The RMP were actively pursuing leads resulting from the rescue/raid at the end of the reporting period.

(SBU) According to Malaysia's Director of Immigration Enforcement, the government did not prosecute employers who confiscated passports of migrant workers although confiscation of passports is in violation of Section 12(1)(f) of the Passports Act.  It was common practice for the wages of the employee to be held in "escrow" until completion of a contract and widely accepted by homeowners employing a domestic servant, plantation owners, or small factory owners employing migrant laborers.  Police did not charge most bona fide traffickers, but jailed them under preventive laws.

This was consistent with law enforcement actions taken against terrorists, narcotics traffickers, and perpetrators of other complex criminal conspiracies.  Generally, authorities charged petty pimps under the penal code.  The chief of the RMP's vice squad did not see any end to the use of preventive laws intackling trafficking issues, even with a new anti-trafficking law, due to the difficulties in collecting evidence necessary to bring proper convictions.

G.  (SBU) The GOM provided specialized training to government personnel with responsibilities to combat trafficking under the new law.  The Women's Ministry conducted a series of training events to build capacity for its new trafficking victims protection officers.  The RMP also conducted various training events, both internal and training assisted by the U.S. Department of Justice's International Criminal Investigative Training Assistance Program (ICITAP) and the governments of Australia and France.  The RMP participated in two workshops sponsored by ICITAP in co-operation with the French government.  The RMP co-hosted one of the workshops in the east Malaysian state of Sarawak. 

In November, an ICITAP instructor met with senior RMP officials to discuss the basic elements of the new anti-TIP law and to share experiences from other regional countries' efforts to confront trafficking.  The government sponsored or co-sponsored a number of conferences and workshops aimed at developing implementation guidelines for the new anti-TIP law, formulating strategies aimed at preventing trafficking.  Both Tenaganita and SUHAKAM presented a series of workshops to government representatives on TIP throughout the year.  The Malaysian Armed Forces received TIP awareness training prior to peacekeeping deployments.

H. (SBU) Malaysia, the Philippines, Indonesia, Cambodia, Brunei and Thailand used the guidelines of the multilateral "Agreement on Information Exchange and the Establishment of Communication Procedures" as a framework for cooperation on border and security incidents, transnational crimes (including trafficking in persons), and other illegal activities.  Malaysia was an active partner in the "Bali Process," a regional mechanism to combat people smuggling and human trafficking initiated by Australia and Indonesia.

(SBU) Additionally, Malaysia shared intelligence on trafficking syndicates with the United Kingdom, Australia, and Interpol.  The Sabah state government maintained an agreement with the government of the Indonesian province of East Kalimantan to cooperate on a range of shared cross-border challenges, including finding and arresting human traffickers and dismantling syndicates.

I.  (SBU) There were no extraditions of Malaysian nationals for trafficking offenses in 2007.  Section 108A of the Penal Code allows Malaysian authorities to prosecute a Malaysian who commits or abets a crime in another country that would be deemed an offense under the Penal Code.  Malaysia is a party to the ASEAN Mutual Legal Assistance Treaty, which is designed to facilitate and expedite regional cooperation in fighting transnational crime.  Malaysian law does not prohibit extradition of Malaysian nationals.  The Philippines and Indonesian Embassies reported that the RMP cooperated with them on anti-trafficking law enforcement matters.

J.  (SBU) There were no substantiated reports of direct government involvement in trafficking of persons at either the local or institutional level.  Senior RMP officials and NGOs reported local police and immigration authorities often

lacked the awareness and skills to identify trafficking victims trapped in prostitution or situations of forced labor.  The RMP developed new procedures to increase police officers' abilities to identify trafficking victims.

K.  (SBU) No government officials were implicated, arrested, or tried for involvement in the trafficking in persons or corruption related to trafficking in persons.

L.  (SBU) All troops assigned to peacekeeping missions received training on trafficking in persons at Malaysia's Peacekeeping Training Center at Port Dickson.  There were no allegations that Malaysian servicemembers were involved in TIP or exploited trafficking victims.

M.  (SBU) Malaysia did not have an identified child sex tourism problem, although there were known instances of victims under 18 years of age that were trafficked for sexual exploitation.

5.  PROTECTION AND ASSISTANCE TO VICTIMS (PARA 29)

A/B/C.  (SBU) The RMP referred over 200 suspected trafficking victims to NGO and embassy operated shelters.  The government prepared, but did not open two designated trafficking victims' shelters during the reporting period.  The GOM did not release budgetary information regarding the two shelters.

Some suspected trafficking victims continued to be housed at immigration detention centers, pending repatriation, but were not charged under immigration or other possible violations.

There was no information available regarding funding and assistance the GOM provided to trafficking victims and to NGOs involved in combating trafficking.

D.  (SBU) The Royal Malaysian Police instituted an informal referral process referring known victims to their respective embassies and the Tenaganita TIP shelter.  Police also delivered some suspected TIP victims to immigration detention centers.  The RMP and the National Council were developing procedures for identifying victims of trafficking and a formal system for referring known victims to appropriate care facilities.

E.  (SBU) N/A

F.  (SBU) Potential victims continued to be charged for prostitution and immigration charges.  If victims were not identified, they were often fined and later deported as illegal immigrants.

G.  (SBU) The Malaysian government encouraged victims to assist in the investigation and prosecution of traffickers, but reported that most victims were unwilling to testify or did not have sufficient information to assist in a prosecution.  A trafficking victim may file a civil suit against a trafficker under Malaysian law.  Many migrant workers filed civil suits against employers that did not pay them the salary promised or forced them to work in abusive conditions. 

While there were no specific impediments to the victims' access to such legal redress, they usually were not allowed to obtain employment while the court considered their cases.  Thus, for economic reasons victims usually did not pursue this type of action.  Victims who were material witnesses in court cases against former employers were also required to remain in the country until the case was concluded.  Most victims were unwilling or unable to wait for justice, and returned home without their cases coming to trial.  There were no government restitution programs for victims during the reporting period.

H.  (SBU) The GOM referred over 200 victims to shelters, operated by NGOs and embassies, during the reporting period. Pending opening of the shelters established by the new anti-TIP law, the GOM did not provide shelter or housing benefits.  In some cases, child victims were referred to their embassies for repatriation.  One of the two government-funded trafficking victims' shelters was designated for children and has a capacity for 45 individuals.  Immigration authorities did not use a formal system to screen detained foreign prostitutes for identification as trafficking victims.  Instead, immigration officials processed them for the quickest possible deportation.  In some cases, especially those involving deportation over land borders such as along the Malaysian-Indonesian border on Borneo, this made trafficking victims vulnerable to traffickers operating near the border.

I.  (SBU) Protection officers from the Women's Ministry received specialized training for assisting trafficking victims (reftel D).  The RMP also initiated training on trafficking victim identification.  Information was not available regarding specialized training for assisting child victims.  GOM did not provide training to its embassies and consulates located in destination and transit countries.

J.  (SBU) Repatriated Malaysian victims who did not have the support of family or friends were referred to the Women's Ministry for public assistance.  The welfare wing of a political party, the Malaysian Chinese Association (MCA), also offered services to repatriated victims.

K.  (SBU) Tenaganita offered comprehensive services to TIP victims.  Tenaganita worked with the RMP, various international organizations, including the International Organization for Migration and the United Nations High Commission for Refugees, as well as with other foreign NGOs to combat labor and sex trafficking throughout Malaysia.

Previously, Tenaganita received funding from G/PRM to operate their shelter for TIP victims.  Tenaganita's shelter can house up to 25 women.  Most victims remained at the shelter for an average of three months.  Tenaganita provided counseling, medical assistance and language training to foreign and domestic victims of trafficking.  The NGO Women's Aid Organization (WAO) used its domestic violence shelter to house eight trafficking victims during the reporting period. WAO provided counseling services and assisted the RMP interview victims.  The Malaysian Bar Council and the International Federation of Women Lawyers (IFWL) continued to provide pro bono legal assistance to victims of trafficking.

6.  PREVENTION (PARA 30)

A.  (SBU) The GOM acknowledged that trafficking is a problem and senior Malaysian leaders spoke publicly about the need for action.  When the Anti-TIP law was first tabled in parliament, Minister in the Prime Minister's Office Nazri Aziz said, "This law will address concerns raised about human trafficking and arm enforcement agencies with the tools to fight it." 

Commenting on the drafting of the new comprehensive anti-TIP law, Prime Minister Abdullah Badawi said, "We do whatever we can to curb human trafficking and that is why we decided to have that bill."  He added that the severity of the penalties and punishment for human traffickers in the law reflected the government's will to see the crime stopped.  Secretary General for the Ministry of Home Affairs Aseh Che Mat publicly stated that the issues of abused and unpaid maids needed to be addressed and properly handled. 

SUHAKAM Commissioner N. Siva stated, "We need co-operation from non-governmental organizations, government agencies and other instruments in neighboring countries to curb this organized trans-national crime."  On January 11, 2008, Prime Minister Abdullah Badawi and Indonesian President Yudhoyono issued a joint statement that reiterated their countries' stance that TIP was a crime against humanity and restated the commitment of both leaders' to work together to combat trafficking.

B.  (SBU)  The GOM did not sponsor anti-trafficking information or education campaigns during the reporting period.

C.  (SBU)  Government agencies worked closely with NGOs, civil society organizations, and international organizations on TIP during the reporting cycle.  The GOM collaborated with SUHAKAM during the drafting of the national action plan. SUHAKAM was the lead agency during the drafting of the plan, which was presented to the Ministry of Internal Security in December 2007 for adoption and implementation (reftel D).

Police worked with Tenaganita and the Catholic Church to shelter and assist repatriating rescued trafficking victims to their countries of origin.  Police cooperation with the Catholic Church provided an international network capable of linking rescued victims with NGOs and civil society organizations in their countries of origin.  Tenaganita worked with police in assisting over 100 rescued TIP victims during the reporting period.

D.(SBU) As part of the new comprehensive anti-TIP law, the National Council, law enforcement agencies, and, the Women's Ministry established working groups to develop and implement new TIP monitoring procedures.  The Department of Immigration began to deploy a new biometric system intended for all border entry points to screen individuals for prior entry into Malaysia.  This system also guarded against entry under assumed identities, which traffickers often used when bringing victims through border crossings.  Additionally, the biometric system guarded against traffickers attempts to re-traffic a previous trafficking victim to Malaysia.

E.  (SBU) The National Council for Combating Trafficking is the formal interagency group, formed under the new anti-TIP law.  The Council met three times during the reporting period to address initial implementation of the new law.  The Council established three committees, Law Enforcement, Protection, and Legislative, to develop new operating procedures and deal with specific issues, identified as necessary for the implementation and enforcement of the new anti-TIP law.  The Anti-Corruption Agency (ACA) is responsible for investigating alleged public corruption.

F.  (SBU)  SUHAKAM drafted the GOM's national action plan. The plan addressed four main components, 1) prevention and awareness, 2) victim protection, care, and support, 3) legislative framework and policy development, and 4) law enforcement.  SUHAKAM consulted with local NGOs during its initial drafting of the action plan.  During the final drafting, SUHAKAM representatives joined a working group led by the Ministry of Internal Security to finalize the draft before the action plan was presented for adoption to the Ministry of Internal Security in December 2007.

G.  (SBU) The RMP conducted multiple police investigations and raids during the reporting cycle.  Police targeted raids on venues used as fronts for brothels, such as karaoke bars, hotels, spas, etc.

(SBU) In January 2008, Mohamed Ishak, Director General for Enforcement in the Department of Immigration, issued a public warning to potential employers of foreign workers.  He said employers could be charged under the new anti-TIP law for cases involving abuse and exploitation of foreign workers.

The Department of Immigration began issuing to foreign students and workers new identification cards to use in lieu of passports to show legal status in Malaysia.  Director General of Immigration Wahid stated the card gave a possible trafficking victim a greater chance to escape abusive employment without the fear of being mistaken for an illegal immigrant (reftel D).

I.  (SBU) All Malaysian troops assigned to peacekeeping missions attended specialized training at the Peacekeeping Training Center in Port Dickson, Malaysia.  Training included embedded modules on trafficking in persons.  No charges or allegations of misconduct were filed against Malaysian service members during the reporting period.

7.  NOMINATION OF HEROES & BEST PRACTICES (PARAS 31 & 32)

(SBU) Post submits as best practices Sections 16 and 17 of Malaysia's comprehensive Anti-trafficking in Persons Act 2007.  Section 16 states that a trafficker cannot use as a defense that the victim consented to the act of trafficking in persons.  Section 17 states that the past sexual behavior of a trafficking victim is irrelevant and inadmissible for proving the trafficked person was engaged in other sexual behavior or to prove the trafficked person's sexual predisposition.  These two sections of the new law will strengthen law enforcement cases against traffickers and protect a trafficking victim from potential humiliation and re-victimizing on the witness stand.  Dr. Mohamed Mattar, an internationally recognized expert on TIP legislation from Johns Hopkins University, identified these two sections of Malaysia's law and highlighted them during discussions with GOM representatives (reftel D).  Post provided the full text of Malaysia's comprehensive anti-trafficking law to G/TIP and EAP.

KEITH (March 2008)

 

Malaysia offers to fund Padma Bridge after World Bank backs out

Posted: 21 Oct 2011 12:39 AM PDT

By Mizan Rahman/Dhaka, Gulf Times
 
After western donor agencies led by the World Bank suspended funding for the planned Padma Bridge in Bangladesh because of corruption allegations against a minister in Prime Minister Sheikh Hasina's cabinet, Malaysia yesterday came up with a proposal to finance the bridge.

Visiting special envoy of the Malaysian government Dato Seri S Samy Vellu made the proposal in a meeting with Prime Minister Sheikh Hasina at her official residence Gonobhaban in Dhaka yesterday.

PM's press secretary Abul Kalam Azad said the Malaysian government requested Bangladesh to provide a scheme design of the bridge and a construction plan.

Azad said the Malaysian proposed financing of the 6.15km Padma Bridge Project at easy terms.

The Malaysian proposal came against the backdrop of the World Bank's refusal to continue its commitment to finance the project because of alleged corruption, a charge which the government rejected outright.

Padma Bridge is a priority project of the government of Prime Minister Sheikh Hasina to connect Bangladesh's southern region with the rest of the country, it is estimated that the bridge will add 2% to GDP.

State Minister for Housing and Public Works Advocate Abdul Mannan Khan, State Minister for Local Government and Cooperatives Jahangir Kabir Nanak and Aslamul Haque, MP attended the meeting.

The envoy was accompanied by Malaysian High Commissioner in Bangladesh Jamaluddin Sabeh.Principal Secretary Sheikh Wahiduzzaman, PMO Secretary Mollah Wahiduzzaman, Local Government secretary Abul Alam Shahid Khan and Public Works Secretary Khandakar Showkat Hossain were also present.
The Malaysian envoy discussed infrastructure development in Bangladesh including construction of housing for middle class and low income people and flyovers in the capital.

Various issues relating to mutual interests also came up for discussion.

The government has already signed deals of $1.2bn with the World Bank, $615mn with Asian Development Bank, $400mn with Japan International Cooperation Agency and $140mn with Islamic Development Bank to arrange funds for the $2.9bn Padma Multipurpose Bridge project, the country's longest bridge.

The 6.15km bridge with 3.68km of land-based approach viaducts on both sides of the river will connect 19 south-western districts and the capital, enhancing their access to markets, improving services and accelerating growth.

The bridge will reduce distances to Dhaka by about 100km and halve travel times from most areas in the southwest. Moreover, the bridge will enhance regional trade by linking with the Asian Highway and Trans-Asian railway network systems, officials said.

It will also connect the two major seaports in Bangladesh.

Malaysian Govt Pressured to Suspend Detainee Exchange with Burma

Posted: 21 Oct 2011 12:36 AM PDT

By Saw Yan Naing, The Irrawaddy

Malaysia should delay deporting Burmese refugees and asylum seekers until there is safety and job security in their homeland, according to Malaysian rights groups and the leading opposition party.

The calls came in response to a plan to exchange detainees reached between Kuala Lumpur and Naypyidaw earlier this month.

Under the deal, Malaysia will deport the 1,000 Burmese currently held at Malaysian detention centers, mostly for immigration offenses, while Burma will send back Malaysian detainees, Malaysian Home Minister Hishammuddin Hussein announced this week.

Lim Kit Siang, the chairman of the Malaysian opposition Democratic Action Party and a member of the Malaysian Parliament, said that the detainee exchange between Malaysia and Burma should be suspended until there is an assurance that refugees and asylum seekers will be protected from prosecution when they return to Burma.

"The agreement will only further jeopardize the dignity and security of Myanmar refugees and asylum seekers in Malaysia. Those who flee Myanmar remain at risk of persecution in all forms," Lim Kit Siang told a press conference in the lobby of Parliament on Friday.

There are at least 340,000 Burmese in Malaysia, including more than 87,000 refugees registered by the UN High Commissioner for Refugees. Many belong to ethnic minorities and fled Burma for fear of forced labor, rape, violence, murder and persecution by the government army.

Speaking with The Irrawaddy on Friday, Agung Putri, the executive director of the Asean Inter-parliamentary Myanmar Caucus (AIPMC), said that migrants come to Malaysia for different reasons, so the country should review the reasons the Burmese flee to Malaysia. She said many do not come for economic reasons, but because of systematic persecution in their homeland.

She said that Burmese refugees must be categorized differently from Indonesian and Cambodian migrants.

"We would like Malaysia to overthrow its policy, and suspend the exchange," said Putri.

On Wednesday, a leading Malaysian rights group, Suaram, released a statement saying that the deal between Malaysia and Burma could result in some Burmese nationals being forced to return to a country "where their lives could be in danger."

Aung Naing Thu, an Burmese activist in Malaysia, told The Irrawaddy on Friday that the security of Burmese refugees and asylum seekers is at risk, and employment is uncertain for them if they are deported to Burma.

"Many of the refugees don't want to return to Burma," he said. "If they do go back, they have to worry about their safety," said Aung Naing Thu.

Rights groups said that is a high possibility of persecution for those who are sent back to Burma.

The human rights situation in Burma, grievous as it remains, is unlikely to be able to ensure such protections, without which Malaysia cannot hope to fulfill its international obligations to ensure that human rights of refugees be protected, said the AIPMC in a statement.

Malaysia’s Inflation Unexpectedly Quickens on Food, Transport

Posted: 21 Oct 2011 12:34 AM PDT

By Shamim Adam and Michael Munoz, Bloomberg

Malaysia 's inflation unexpectedly quickened in September as food and transportation costs climbed and a weakening ringgit made imports costlier.

Consumer prices rose 3.4 percent from a year earlier after climbing 3.3 percent in August, according to a report by the Putrajaya-based statistics department today. The median estimate of 18 economists in a Bloomberg News survey was for a 3.3 percent increase.

Europe 's debt crisis and a faltering U.S. recovery have hurt demand for Asian goods, raising the danger to regional growth and prompting Asian central banks to refrain from raising interest rates  or start to lower borrowing costs. The Malaysian government cut its forecast for economic expansion in 2011 this month and said there is "added pressure" to use fiscal resources to bolster growth.

"Domestic inflationary pressure is what's keeping headline inflation elevated," Irvin Seah , an economist at DBS Group Holdings Ltd. in Singapore, said before the report. "There are upside risks to inflation given that massive floods in neighboring countries such as Thailand  will drive imported food prices to Malaysia higher."

Thailand, the world's largest rice exporter, may lose 6 million metric tons of unmilled rice as floods damage key plantation areas, Apichart Jongskul, secretary-general of the Office of Agricultural Economics, said today.

Malaysia's ringgit fell about 7 percent against the dollar in September, along with most other Asian currencies, as a deepening European debt crisis prompted investors to shun emerging-market assets.

Bank Negara Malaysia  left the overnight policy rate at 3 percent on Sept. 8 for a second meeting, saying a "more challenging" external environment has increased the "downside risks" to Malaysia's economy. The nation will probably expand 5 percent to 5.5 percent this year, the government said Oct. 7, lower than an earlier target of as much as 6 percent.

Consumer prices will probably rise 3 percent to 3.5 percent in 2011, central bank Governor Zeti Akhtar Aziz said Sept. 25. The monetary authority will hold its final policy meeting this year on Nov. 11.

How silly can MCA leaders be?

Posted: 21 Oct 2011 12:29 AM PDT

By Lee Kee

HOW silly can MCA political leaders be? On second thought, should anyone be surprised with the MCA's use of women and sex to attract political attention and support?

It is no wonder that the Chinese community is shying away from MCA today. The present batch of party central leaders is a disgrace to the Chinese for supporting an immoral leader – one who womanises and cheats on his wife.

Clearly, their support for Chua Soi Lek is based solely on political patronage and the perks from the party and its assets, especially from its cash cow, The Star newspaper. It cannot be for the interest of the Chinese community, and Malaysians in general.

The MCA can now, hardly defend itself from the use of sex to attract political support, following the pictorial write up by Toh Leong posted by Malaysia Chronicle on Oct 20, 2011, and titled MCA's 'Hot Chicks' and Wee Ka Siong: The Inside Story.

First of all, there is nothing wrong with the modelling profession. In fact, it is one of the most rewarding profession, if one is successful.

However, the way the MCA, especially its Youth wing, engaged the models is utterly distasteful and degrading.

Now, here are some insider revelations by little birds in the party that show how rotten to the core its leaders are.

  1. After the models were paraded, MCA Youth chief Wee Ka Siong had the cheek to say that those absent from the assembly had missed a golden opportunity to interact with the young professionals who include businesswomen and lawyers.
  2. After the true identity of the models were exposed by PKR in the internet news portals, Wee initially refused the media to interview the models; he also refused to comment or confirm whether they were part-time models and promoters;
  3. Wee was also quoted as saying: "Is it a sin for beautiful girls to join MCA? Even if they are prostitutes, what is wrong with joining MCA?" Such reactions are testimony to Wee's arrogance and lack of respect for women.

Wee had initially tried to portray the models as party members but they are not. So, what are they doing at the Annual General Meeting (AGM) which is only for central delegates and observers (who must be party members). What's wrong with using genuine MCA women members? The legality of the presence of outsiders, is therefore, questionable, what more they were given special treatment and attention in a grand entry to the AGM.

Another gossip among MCA members is Chua Soi Lek's offer of a "New Deal" for the Chinese community and Malaysians in the next general election.

Have you noticed why there is not a single effort offered in the "New Deal" for women and children's protection?

The joke is this: "The girls and women actually need protection from Chua Soi Lek. That's why the New Deal is shy of this issue."

So, to the MCA, led by the likes of Chua and Wee, it is leadership by example a.k.a sex by example. Hmmm! Sounds familiar, like big brother Umno. 

Lee Kee

Ipoh

Lim Guan Eng's Family, Latest Target of the Wholly Unoriginal BN/MSM Complex

Posted: 21 Oct 2011 12:27 AM PDT

By Scott Thong

Rule 12: Pick the target, freeze it, personalize it, and polarize it. Cut off the support network and isolate the target from sympathy. Go after people and not institutions; people hurt faster than institutions. (This is cruel, but very effective. Direct, personalized criticism and ridicule works.) - 'Rules for Radicals' by Saul Alinsky.

I've said it before twice ( http://www.malaysia-today.net/mtcolumns/letterssurat/40540-sarah-palin-anwar-ibrahim-and-the-politics-of-alinsky and http://www.malaysia-today.net/mtcolumns/letterssurat/43130-proven-the-bnmsms-complex-is-using-alinskyite-tactics ). 

And I also warned that once they confirm its effectiveness, the BN/MSM complex would extend their Alinskyite tactics past Anwar Ibrahim to anyone who begins to rise as a credible Opposition figurehead. I specifically mentioned Nik Aziz, Hadi Awang, Lim Guan Eng and Wan Azizah as their potential targets.

And I'll say it again now, because it seems clearer than ever that our local political hacks are using the American below-the-belt example as their guide - not just in general, but also in the specifics. They have already moved beyond mere personal attacks on public figures into the sordid sewers of attacking innocent family members.

Now as we all know, Penang has been prospering under Pakatan Rakyat's governance over the past few years. This is a fact that Penang's ineffectual former taskmasters Barisan Nasional and their crony Mainstream Media (i.e. the BN/MSM complex) cannot dispute. So instead, they turn to personal attacks against Lim Guan Eng, Pakatan's current Chief Minister of Penang.

First they dredged up remarks he made regarding his personal opinion on the (again, indisputable) high rate of violent crime in Johor. And now the latest hit job by the BN/MSM complex is the (actually rather amateurish and half-baked) attempt to slander Lim Guan Eng's 16-year-old son with sex allegations. 

Basically some self-smug Netizen took a photo of a young woman - whom we now know to be 21-year-old chess Grandmaster Anya Sun Corke - and cut out the surrounding innocent context before sticking it next to a photo of Lim Guan Eng's son. This is dishonest hackery by itself, as the two have never met. However, the perpetrator also added crude text to suggest sexual impropriety involving the lady's chestal region.

Of course, since Anya Sun Corke is a relatively famous person (she has her own long-existing Wikipedia entry), it didn't take long for truthseekers to find the original photo and unravel the deception. Honestly, couldn't the slanderer have used the photo of some anonymous model, instead of an internationally renowned chess Grandmaster? Hence, amateurish and half-baked.

Those who followed the 2008 US Election should find the above 'anatomy of a smear job' familiar. 

Shortly after Sarah Palin was announced as the Republican Vice Presidential candidate, a scandalous photo began circulating the Internet. There she was, posing in a skimpy stars-and-stripes American flag bikini, toting a large rifle, still wearing her 'sexy-librarian' glasses and retro hairdo. It fit the critics' stereotype of her perfectly - patriotic, gun-loving, attractive... And nothing more than a bimbo 'trophy VP'. "Do you voters really want this redneck former beauty queen running the country? Isn't Barack Obama a much better choice - handsome, sexy AND smart?"

Only, it wasn't actually a photo of Sarah Palin. Just as with the case of Lim Guan Eng's son, the original photo was eventually found. Some hacks - who had much better imagination and graphics-editing skills than in our present case - took a photo of some bikini-clad woman off the Internet and superimposed Sarah Palin's head onto it.

But that was just the beginning. As Lim Guan Eng is discovering, hyper-partisan attacks will not be limited to the target's professional or even personal life. No, the hyenas will next ruthlessly and unethically go after family members and acquaintances. No slander, smear or lie will be too dirty to fling.

Sarah Palin is the textbook case that the BN/MSM complex is studying up on. To date, US media and entertainment personalities who are pro-Obama have: Repeatedly alleged that her husband is having an affair and will soon divorce her; cruelly mocked her Down Syndrome toddler as brutally retarded and begging for a quick death; publicly fantasized about raping her and her young daughters, including the pre-teen; actually threatened rape which led to arrests; and so much more. (Try imagining the tsunami of outrage if someone discussed Barack Obama's daughters the same way.)

Only everyone's favourite heartless warmonger and imperialist crusader, George W. Bush has had this much hatred directed his way. And Sarah Palin had not actually done anything other than accept the VP nomination! Which of course was itself the reason, because she posed a threat - no matter how distant - to their precious Barack Obama's ascension. (Yes, yes, I admit I'm a Sarah Palin Facebook follower - haters gonna hate.)

As I mentioned in my previous pieces, it's all about distracting the target from his/her professional pursuits, while simultaneously making the public so sick of the constant 'scandals' that they tune him/her out of their minds. Best case scenario for the attackers, their victim decides to quit the political arena if they will JUST LEAVE MY FAMILY ALONE!!!

And just to rub in my point, US/Malaysian politics and media parallels are not limited to ad hominem attacks on individuals. Compare these scenes from America with our own Malaysian experience, and see if you can spot the similarities:

Most of the American news networks and other media lean heavily towards the Democrats (just check their political donation amounts), yet whine that FOX News is biased towards the Republicans. Meanwhile, the Malaysian MSM is in the pocket of BN - literally, BN component parties are the legal owners of these companies! - yet have the gall to label independent media as pro-Opposition.

The American media tried to ignore, then viciously slandered peaceful rallies they oppose (the Tea Parties) while gushing and glossing over unruly mobs they support (Occupy Wall Street and its childish ilk) - the latter of which clogged up the Brooklyn Bridge for hours and made commuters fume with frustration. Hmm, is it just me, or didn't we just see something similar back home with Bersih 2.0 and anti-Bersih - the latter of which intentionally clogged up the Penang Bridge at rush hour?

And Americans are renowned for strongly supporting the ideals of democracy. They are such staunch proponents of free elections, that even death will not stop them from carrying out their duty! 2,812 officially deceased individuals voted in the 2008 Minnesota general elections. This is just like our Election Commission of Malaysia. 

...Just kidding! We don't have such outright scams as Zombie Voters From the Grave. This is because our eligible voters can reach the age of 128 years without dying. Meanwhile, 9,000+ other slightly less sprightly registered voters are merely above 100 years old. ( http://www.nzherald.co.nz/world/news/article.cfm?c_id=2&objectid=10495765 )

But if you point out a mistake in the electoral roll, be prepared to pay for the costs of re-checking out of your own pocket ( http://wangsamajuformalaysia.blogspot.com/2011/09/stupid-law-stupid-results.html ). Or better yet, get accused of being a traitor to the nation for your efforts! ( http://rights2write.wordpress.com/2011/08/18/loyalty-to-the-king-and-country/ )

So what the BN/MSM complex is doing is really all old hat. Our local crony media is just playing catch-up with the American trailblazers. (This is in contrast to propping up failed govt-linked companies using taxpayer funds, where a certain visionary Malaysian leader did it long before the Western leaders 'discovered' bailouts. And then he scolded the West for rescuing their insolvent institutions. Must be some sort of copyright infringement?)

This means that we have the advantage of knowing in advance what their unoriginal playbook is going to be like, because let's face it - it's not like they are genuinely innovative, creative or anything like that.

So now we know what stale ploys the BN/MSM complex is up to. What do we do about it? In five succinct points:

1) Don't let their sideshows and hit-jobs distract us from the real issues of ethics and good governance! Whom a politician screws in bed is not as important, that the politician is screwing over the country is! (If all else fails, we can always nominate the sex scandal participants to the MCA Presidency... Because apparently that is the only necessary criteria these days. Zing!)

2) Support their targets not to throw in the towel! Anwar Ibrahim, Lim Kit Siang, RPK and Elizabeth Wong are just some examples of their favourite punching bags who refused to leave the arena even after constant harassment and prison/ISA detention.

3) Expose and publicize their deceptions and hypocrisy. The BN/MSM complex has already lost a powerful tool - absolute control of the dissemination of information - to the rise of alternative media, Facebook and Twitter. 

4) Join the movements. Are the Bersih 2.0 supporters liars, who make up fairytales about race-blind solidarity and police over-reaction, and spread these pernicious myths via Twitter? The best response is, WE KNOW BETTER BECAUSE WE WERE THERE!

5) Vote! Vote! Vote! Tens of thousands of Tea Partiers across America were pointedly excluded from media coverage, but their real achievement was to turn up en-masse on voting day to elect representatives who respect the will of the people, resulting in the 2010 political sea change. 

Seriously, if you can't be bothered to cross the minor hurdles of registering to vote and checking for errors (http://daftarj.spr.gov.my/NEWDAFTARJ/DaftarjBI.aspx ) and finally actually going to the polling station come election day, you are close to being an accomplice to the slow murder of Malaysia: 'When bad men combine, the good must associate; else they will fall, one by one, an unpitied sacrifice in a contemptible struggle.' (Often misquoted as 'The only thing necessary for the triumph of evil is for good men to do nothing'.)

BN has been running our country for so long that sometimes the status quo seems immortal and immutable. We always talk about finally voting them out, but that it might actually happen - maybe this very year! - sometimes seems almost unreal.

And it really will be an unreality if we just sit back and let them have their way.

Energy Commission denies giving sweetheart deal to Syed Mokhtar

Posted: 21 Oct 2011 12:04 AM PDT

By Shannon Teoh, The Malaysian Insider

KUALA LUMPUR, Oct 21 — The Energy Commission said today that the tariff and length of concession for the 1,000-megawatt plant in Tanjung Bin, Johor was determined during the bidding process, denying claims that the government had signed a "blank cheque" for tycoon Tan Sri Syed Mokhtar al-Bukhary.

The federal opposition had accused the Barisan Nasional (BN) administration of awarding the independent power producer (IPP) deal to a subsidiary of Malakoff Berhad, controlled by Syed Mokhtar, without first agreeing to tariff rates and the length of the concession.

The commission said in a statement today the tender restricted to two bids was evaluated solely on "technical and commercial aspects" including "the proposed tariff for the entire duration of the 25-year concession."

"The tariff and concession period have already been determined through the competitive bidding process. The final tariff that was submitted and approved ... is very competitive compared to similar projects in the region," it said.

This comes despite the Energy, Green Technology and Water Ministry saying in a written reply this week that the Energy Commission will only finalise the power purchase agreement with Tanjung Bin Power at the end of the year.

Pakatan Rakyat (PR) lawmakers had said the deal awarded to Malaysia's richest Bumiputera after a limited tender between two bidders "is scandalous, if not criminal."

But the Energy Commission explained today that the limited tender was due to the need to award the project on time to "achieve commercial operation in early 2016" to avoid "potential brownouts" based on projected economic growth.

READ MORE HERE.

The shackling of Prof Abdul Aziz Bari and academic freedom

Posted: 20 Oct 2011 07:32 PM PDT

By Aliran
 
Aliran is outraged by the reported suspension of the constitutional law expert, Professor Abdul Aziz Bari, of the International Islamic University of Malaysia (IIUM).
His suspension comes in the wake of his publicly expressed opinion regarding the recent decree by the Sultan of Selangor over the controversial Jais raid on the Damansara Utama Methodist Church.
 
Many Malaysians share his opinion and look up to him as a brave academic who did not betray his conscience in expressing an honest opinion without fear or favour. This intellectual freedom of expression must be the hallmark of an institution of higher learning. It is rare individuals like him who inspire students to speak the truth and defend what is right. He is an asset to IIUM.
 
The action taken by the university against the learned professor is baffling. The university is guilty of committing a serious travesty of justice as its action amounts to a denial of the right of academics to offer their expert opinions on matters that they specialises in and are concerned about.
 
It is expected of the professor to share his knowledge and expertise with the rest of us. That is the primary purpose in recruiting the best lecturers to teach and mould our youngsters to be responsible citizens.
 
If anyone disagrees with his view, he or she should do it intellectually and in a civilised manner to enhance an understanding of the issue at hand for both the academic fraternity and the larger community. A sledgehammer such as the Sedition Act should not be used to suppress healthy discussion.
It has not been proven that his views are invalid and without merit. Malaysians should be told why his views are wrong. We should indeed start a debate to discuss this issue in a civilised manner as befitting a civil society.
 
Equally important, the university's action makes a mockery of the notion of intellectual freedom and integrity that a university worth its salt is supposed to promote and protect. If this important value is not protected and guarded, what is the worth of a university?
 
Besides, the measure of an intellectually vibrant institution of higher learning is recognised and honoured when there are open discussions, debates and dissenting opinions. The prevalence of a lacklustre follow-me mentality – symptomatic of the larger political and feudalistic culture – will be the death knell of a university.
 
Aliran calls upon the IIUM authorities to lift the professor's suspension immediately and cease all other similar actions that would only smear and sully the university's academic reputation.

Aziz Bari: I did not attack the Sultan

Posted: 20 Oct 2011 07:25 PM PDT

By G Manimaran, The Malaysian Insider

KUALA LUMPUR, Oct 21 — As pressure grows for the International Islamic University of Malaysia (UIA) to lift Dr Abdul Aziz Bari's suspension, the law professor has insisted he did not criticise the Selangor Sultan.

Abdul Aziz said today he was fulfilling his role as an academic when he said earlier this month that the Sultan had intervened in an "unusual and inconsistent" manner on the church raid by religious authorities.

"I did not attack the Selangor Sultan. As an academic, I have a role to inform the public," he said, adding that he would reply to a show-cause letter from the university on Tuesday after he has met his lawyer.

Over 700 UIA students held a protest at the Gombak campus this morning demanding that the constitutional expert be reinstated.

 

READ MORE HERE.

The reason Malays don't respect Sultans

Posted: 20 Oct 2011 06:03 PM PDT

The federal Islamic development agency claimed today that many Muslim do not respect the authority of the Malay Rulers who are heads of religions for their respective states. On the eve of a planned gathering of a million Muslims to defend the faith, the Department of Islamic Development Malaysia (Jakim) prepared a Friday sermon that accused some parties of putting political interests ahead of the religion. "Many Muslims today do not respect the views and authority and in fact question the Sultan heads of the Islamic religious councils. The sanctity of the faith has been politicised and the split among Muslims has affected the function and role of the councils," said the sermon titled "State Islamic religious councils drive the transformation of the faithful".

NO HOLDS BARRED

Raja Petra Kamarudin

Therefore, the opinion that Rajas should be placed under a Constitution that determined the status and role of the Rajas was born. With this method, the Rajas could no longer act as they liked. The powers of the Rajas would be determined by the Constitution, that is the country's basic law. Yet, there were Rajas who were willing to hand over their own states to foreign powers while ignoring the Constitution.

Although the representatives were free to speak in the Dewan Rakyat and Dewan Undangan Negeri about any topic, but they could not touch on the Rajas because any criticism of the Rajas could be interpreted as sedition and they could be charged under the Sedition Act. This provision was a result of an amendment made in 1971. Before this, criticism of the Rajas could be made in the house. In Britain and other countries, the Parliament was free to criticize the Rajas. It is clear that that criticizing the Rajas does not destroy the Rajas' majesty.

While this prohibition on criticism is said to protect the Rajas' majesty, but when the Rajas are not criticized, they will not be aware of the wrongs that they have committed. Hence, maybe more wrongs will be committed and these wrongs may become more serious. This not only contaminates the Rajas' majesty but can also cause the People to hate the Rajas. It is not true to say the prohibition on criticizing the Rajas will protect the Rajas' majesty. Actually, the majesty of the Rajas will be contaminated because of this prohibition.

Unfortunately, because the Chief Ministers and Prime Minister are Malays that are unwilling to be on bad terms with the Rajas, when the Rajas do something that is not supposed to be done, no effective criticism is made. Even if there is, the unwillingness of the Rajas to care about the criticisms of these official advisers does not bring about any action towards the Rajas.

Hence, in the history of independent Malaysia, the actions of the Rajas and parties who hide behind the Rajas that exceed the rights and privileges of the Rajas become more serious over time. The possibility is that it will become more serious in the future. If there are no amendments to the law, like those suggested here, without doubt worse matters will happen that will cause the Raja Institution to be hated by the people. It is not impossible that if one day in the future, demands are made to completely abolish the Raja System although there are provisions in the Constitution.

Hence this amendment that is suggested aims to avoid or prevent the escalation of hatred towards the Rajas that could bring about demands to abolish the Raja System. This amendment is to save the Rajas themselves and the Constitutional Monarchy system. To strengthen the Constitutional provisions to maintain the Raja System, provisions are made such that any suggestion to abolish the Raja System will be interpreted as sedition and falls under Sedition Laws.

If Malaysia intends to become a country that practices Parliamentary Democracy and Constitutional Monarchy, the immunity that is given to the Rajas must be abolished. Because the Constitution in countries that practice the Constitutional Monarchy System doesn't give immunity to their Kings, the abolishment of the immunity of the Malay Rajas cannot jeopardize their sovereignty. In the modern era, only because the King can't commit crimes as they like, the King's status will not be jeopardized, especially in a country that practices Parliamentary Democracy and Constitutional Monarchy.

The interpretation of the sedition towards the King in the Constitution is so wide until no criticism is can be made in Parliament by members of the Dewan Rakyat or Dewan Undangan. Hence, the media also has no opportunity to report. Criticism can only be made by the Rajas' advisors behind closed doors. If this criticism is ineffective, there is nothing that can be done.

Actually all three former Prime Ministers, as advisors to the Rajas, have already criticized the Rajas many times while they were in service. I know criticisms have been made because this matter has been repeatedly reported in Cabinet meetings and also the UMNO Supreme Council.

It should be reminded that the respect of the People towards the Raja cannot be determined by laws. With your permission, 'Respect must be earned'. Having laws that scare the People will not bring 'respect'. With the realization that the Rajas can be brought to court, Rajas will certainly avoid committing acts that will cause the people not to respect the Rajas. Hence, the Raja Institution will be better respected and better preserved.

Extract of Tun Dr Mahathir Mohamad's speech in the Malaysian Parliament (1993)

 

After Himpun, BERSIH 3.0?

Posted: 20 Oct 2011 05:20 PM PDT

THE PEOPLE'S PARLIAMENT

1987.

A tumultous year in Malaysian politics.

Mahathir had already been PM for 6 years by then.

His darker side was soon to unleash itself upon the nation.

April that year, the challenge by Tengku Razaleigh for the top position in UMNO effectively split UMNO into two.

That Mahathir only managed to retain the presidency on a miniscule majority of 43 votes reflects the extent of the split then.

The challenge by Kuli's supporters in respect of that election outcome in the High Court, the judicial pronouncement that UMNO was illegal, followed by the formation of UMNO Baru by Mahathir and Semangat 46 by Kuli and, bearing in mind that PAS then already had a significant grass root following, the Malay community then, not accounting for the numbers in Sabah and Sarawak, could, politically, be seen as a split into 3 camps.

Semangat 46 and PAS almost immediately found common ground upon which to co-operate.

Mahathir and UMNO found themselves pushed against the wall.

They no longer commanded the support of the majority of the Malays.

As if having to deal with this issue was not enough, Mahathir also had to contend with the High Court and Supreme Court that was flexing their judicial muscles.

Injunction granted by the Supreme Court, on the application of Lim Kit Siang, to restrain UEM from acting on the North South Expressway contract awarded to it.

Injunction granted by the High Court to restrain Asia Rare Earth from dumping radio active waste Bukit Merah.

Worst of all, Mahathir had to endure a seemingly free press, notably, The Star.

In October, that year, a plan was set into action.

Using demands by Chinese educationist group Dong Jiao Zong in respect of non Mandarin-speaking senior assistants being sent out to Chinese school, UMNO youth organised a huge rally in KL.

Led by Najib.

Calling for the blood of Chinese to be spilt.

Stage 2 of the drama : a series of exchanges between MCA's Lee Kim Sai and UMNO youth, which served to heighten tension.

Stage 3 : Ops Lalang. 106 detained. Opposition leaders and social activists. Diverse enough so that the real targets might be lost in the numbers.

The Star was shut down.

Months later, when The Star resumed publication, it was under a new management and with a permit issued under the amended Printing Press and Publications Act, 1984.

All the other media, too, were now either UMNO-owned or controlled.

The days of reporting without fear or favour were over.

One  more move called for.

Salleh Abas removed and, in his place, Mahathir's errand boy, Hamid Omar installed as top dog in the judiciary.

And the heightened tensions, albeit contrived, that led up to Ops Lalang, served to remind the average citizen of the tragedy of May 13.

Mahathir, and UMNO, still without the support of the majority of the Malays, but now having cowed the non-Malays into voting for stability rather than change and reforms at every general election, the judiciary rendered impotent, and now able to maintain an unassailable grip on the psyche of the nation through a controlled media, would continue to rule, rob and rape  the nation for another 2 generations.

This, notwithstanding the birth of Reformasi, following the sacking of Anwar in 1997, which further diluted UMNO's hold on an already much-reduced following in the Malay community.

Fast forward to 2007.

The expose of the VK Lingam video in September.

The lawyers march for justice on 26th September.

Bersih rally on 10th November.

Hindraf rally on 25th November.

For UMNO, the lawyers march was a trifling annoyance.

Bersih, they feared.

It was non-racial. It would see Malaysians from all walks of life come together on a common issue : free and fair elections.

The very thing that UMNO, almost since Malaya gained independence, could not afford.

The Hindraf rally, so UMNO thought, would offer them the best opportunity to react with a rally of their own.

Their media would spin it as a challenge to the special rights of the Malays, and UMNO would orchestrate a rally of its own to galvanise the Malays to unite.

So a decision was made.

Leave the Hindraf leaders at large so that the rally could go on.

Detain them after the rally.

And then hold their on UMNO rally.

On 19th December, in Kampung Baru.

UMNO's miscalculation then, was in underestimating how the alternative media had further eroded their influence amongst the urban Malays.

If, in 1987, the numbers rallying in Kampung Baru had to be beefed up by bussing in people from the heartlands to add to those from the city, in 2007, Malays dwelling int the city, it was clear, could not be counted on.

They would have to be practically made up of folk bussed into the city.

And paid and fed Pekida and Mat Rempit.

RM70 each with 1 nasi bungkus thrown in.

Finally, a report from special branch put paid to that planned rally in December.

That report had it that in the Hindraf rally, there were people who were bearing diesel and kerosene, ready to self-immolate.

Yes, they were ready to die for a cause they believed in.

UMNO's planned rally, on the other hand, would comprise mercenaries and rural folk out to take advantage of a chance of an outing to the city, all paid for.

READ MORE HERE

 

Many Muslims don’t respect Sultan, says Jakim

Posted: 20 Oct 2011 04:58 PM PDT

By Shannon Teoh,The Malaysian Insider

KUALA LUMPUR, Oct 21 — The federal Islamic development agency claimed today that many Muslim do not respect the authority of the Malay Rulers who are heads of religions for their respective states.

On the eve of a planned gathering of a million Muslims to defend the faith, the Department of Islamic Development Malaysia (Jakim) prepared a Friday sermon that accused some parties of putting political interests ahead of the religion.

"Many Muslims today do not respect the views and authority and in fact question the Sultan heads of the Islamic religious councils.

"The sanctity of the faith has been politicised and the split among Muslims has affected the function and role of the councils," said the sermon titled "State Islamic religious councils drive the transformation of the faithful".

The sermon added that the councils are looked down on and seen to be mere government agencies, causing their authority over religious matters to be ignored.

Professor Dr Abdul Aziz Bari was suspended by the International Islamic University (IIU) this week as police investigate allegations that he had disrespected the Selangor Sultan.

Sultan Sharafuddin Idris Shah had decreed recently that the Selangor Islamic Religious Department (Jais) had found evidence of proselytisation by non-Muslims during a dinner held at the Damansara Utama Methodist Church (DUMC) on August 3 but said it was insufficient for further legal action.

Abdul Aziz had said the intervention was "unusual and inconsistent" and should have been done in line with Islamic teachings, causing a furore in Parliament among Barisan Nasional (BN) MPs who urged that action be taken against the law professor.

Although a police report has been lodged against him, the outspoken academician has decided against apologising for his remarks, insisting he had not meant to challenge the Sultan.

The sermon said the erosion of Islam's dignity "cannot happen without being implicitly planned."

The Himpunan Sejuta Umat (Himpun), or Gathering of a Million Faithful, is being organised by various right-wing groups such as Perkasa to rally Muslims against the "challenge of Christianisation" on the back of alleged proselytising by Christians.

READ MORE HERE

 

Karpal: Khairy ill-bred and a disgrace!

Posted: 20 Oct 2011 04:55 PM PDT

DAP chairman takes Umno Youth chief Khairy Jamaluddin to task for a Twitter posting villifying Lim Guan Eng's son.

(Free Malaysia Today) - National DAP chairman Karpal Singh today branded Umno Youth chief Khairy Jamaluddin a "disgrace" for villifying Penang Chief Minister Lim Guan Eng's son in a Twitter message.

"He is a disgrace not only to whoever extended him a tertiary education but also to Parliament of which, regrettably, he is a member.

"He is certainly not well-bred for having fallen hook, line and sinker for the vile and vicious attacks against Guan Eng's 16-year-old son without first ascertaining the truth of the allegation," said Karpal.

The Bukit Gelugor MP took Khairy to task for the latter's Twitter message in Bahasa Malaysia that was posted three days ago.

The message read: "Maybe he (Lim Guan Eng) demolished Kampung Buah Pala to replace it with Kampung Buah Dada (literally translated a breast village)."

Khairy posted his comments following spurious attacks by Umno bloggers that Lim's son was transferred from his school after allegedly molesting a fellow female student.

Yesterday, Karpal urged Prime Minister Najib Tun Razak to intervene and stop the baseless allegations.

The DAP revealed in Parliament on Oct 19 that the alleged victim was a former Hong Kong chess champion Anya Corke, a British citizen who has never set foot on Malaysia, let alone met Lim's son.

READ MORE HERE

 

Hundreds of UIA students protest Aziz Bari’s suspension

Posted: 20 Oct 2011 04:53 PM PDT

By Mohd Farhan Darwis, The Malaysian Insider

KUALA LUMPUR, Oct 21 — Hundreds of International Islamic University (UIA) students gathered today to protest the university's suspension of Prof Dr Abdul Aziz Bari, chanting slogans in a show of force at the mosque compound of its Gombak campus here.

Approximately 700 students turned up for the protest and demanded UIA Rector Prof Datuk Dr Zaleha Kamaruddin immediately drop Abdul Aziz's (picture) suspension.

"Hidup hidup mahasiswa! Hancur kezaliman! (Long live undergraduates, reject authoritarianism!)" many of the protesters were heard shouting as police watched.

Many of the students said the move was necessary to "repair" the university's image as a respected academic institution.

UIA has indefinitely suspended the outspoken academic following his remarks on the the Selangor Sultan, saying that "criticism of a Ruler is valid if it is intended to constructively show that the Ruler has erred."

Selangor Sultan Sharafuddin Idris Shah had decreed recently that the Selangor Islamic Religious Department (Jais) had found evidence of proselytisation by non-Muslims during a dinner held at the Damansara Utama Methodist Church (DUMC) on August 3 but said it was insufficient for further legal action.

Following Abdul Aziz's statement that the intervention was "unusual and inconsistent" and should have been done in line with Islamic teachings, it caused a furore in Parliament among Barisan Nasional (BN) MPs who urged that action be taken against the UIA law lecturer.

Although a police report has been lodged against him, the outspoken academician has decided against apologising for his remarks, insisting he had not meant to challenge the Sultan.

Among the politicians present at the protest today were PKR vice-presidents Chua Tian Chang and Nurul Izzah Anwar.

MORE TO COME HERE.

‘Is Umno tacitly backing Himpun rally?’

Posted: 20 Oct 2011 04:52 PM PDT

A Hindraf Makkal Sakti leader claims Umno is behind the assembly and he also questioned the fast-track approval of police permit for the gathering.

(Free Malaysia Today) - A Hindraf Makkal Sakti leader says he sees the hand of Umno behind Saturday's "Himpunan Sejuta Umat" (Assembly of One Million Believers Defending the Faith) gathering.

Hindraf Makkal Sakti leader P Waythamoorthy claims that Umno is tacitly backing the assembly and he is calling the relevant authorities to stop the gathering.

Waythamoorthy said the assembly was an Umno ruse to stir up the Malay psyche and create a split among Malaysians along religious and racial lines.

He said Hindraf was shocked that the police were so quick to issue a permit for a mammoth gathering that could generate so much anxiety, discontent and disharmony in the country.

He questioned the need to hold a gathering of a million Muslims to defend Islam, which is safeguarded by the Federal Constitution.

"The assembly is not only to woo Malay votes but also to warn the people not to vote for change in the next general election," said the London-based Waythamoorthy.

PKR , PAS and Umno have officially distanced themselves from the assembly to be held at the Shah Alam stadium.

But all the parties said that they would not be able to prevent their members from attending in their individual capacity.

Umno information chief Ahmad Maslan said the party will not prevent its members from attending the assembly.

United against proselytising

According to the organisers, they plan to gather one million Muslims to gauge the "unity" among themselves, particularly against proselytising.

This assembly comes after the Selangor Islamic Religious Department (JAIS) raided a fundraising dinner at Damansara Utama Methodist Church (DUMC) on Aug 3 over alleged proselytisation taking place.

READ MORE HERE

 

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