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Latest SOSMA Amendments are Needless and Dangerous

Posted: 23 Oct 2013 08:34 AM PDT

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The inclusion of migrant smuggling and organized crime into the definition of security offences is an act of laziness to transform the term 'security offences' into a 'catch all' category where virtually any offence comprising more than one participant will amount to an offence threatening to public order.
 
Lawyers for Liberty 
 
We call for caution against placing offences from the Penal Code and the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (ATIP) when amending the Security Offences (Special Measures) Act 2012 (SOSMA). These amendments reflect an attempt to widen the very draconian ambit of security offences in Malaysia.

SOSMA has been put in place for the purpose of 'maintaining public order' and 'security', pursuant to Article 149 of the Federal Constitution, which allows its derogation from constitutional articles for the greater 'safety' of the federation. Article 149 envisaged these measures to be temporary and operative against subversion and dangers to public order.

Our objection to placing the Penal Code and anti-trafficking offences into the security offences framework stems from the fact that these are not extraordinary offences and should therefore be governed by the Criminal Procedure Code, with established and basic fair trial safeguards unlike SOSMA.

SOSMA is only supposed to apply to genuine security offences as opposed to crimes which occur daily such as trafficking and organized crime.

LFL is against the inclusion of these offences because they widen the ambit of security offences under SOSMA and will allow the state to derogate from its responsibilities in upholding constitutional rights and standards of fair trial.

The inclusion of migrant smuggling and organized crime into the definition of security offences is an act of laziness to transform the term 'security offences' into a 'catch all' category where virtually any offence comprising more than one participant will amount to an offence threatening to public order.

Rather than creating more unnatural security offences, we urge the state to focus its resources properly in tackling organized crimes and people trafficking via standard law enforcement and prosecution norms that respect human rights, legal procedures and standards of fair trial.


One of world’s highest civil servants-to-population ratio relying increasingly on foreign ...

Posted: 23 Oct 2013 08:30 AM PDT

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It would appear that in the first 52 years of the nation's history under the first five Prime Ministers, there is greater confidence in Malaysians than on foreigners or foreign consultants in their ability to think and plan for the country's future, whether economic or educational, that the practice of outsourcing the preparation of national plans and masterplans to foreign consultants was a great rarity.

 

Lim Kit Siang 

A parliamentary reply has given a new insight into the strange directions that Prime Minister Datuk Seri Najib is taking the country with his slogan of "Endless Possibilities".

 

Malaysia has one the largest civil services in the world, with a 1.4 million civil servants accounting for 10 per cent of the labour force.

 

In 2009, Malaysia's civil servants-to-population ratio was the highest in the Asia-Pacific.  The ratio was 4.68 per cent  compared to Singapore's 1.4 per cent, Indonesia's 1.79 per cent, South Korea's 1.85 per cent and Thailand's 2.06 per cent – all of which have less than half our ratio.

 

Strangely enough, despite having one of the highest civil servants-to-population ratio in the world, Malaysia is relying increasingly on foreign consultants even to draft national documents and masterplans.

 

Recently, the country was shocked by the revelation that the government spent RM20 million to international consultant McKinsey and Co to draft the National Education Blueprint, when in the past, all national plans, blueprints and official documents were drafted by local experts.

 

As a result, I put in a question to ask the Prime Minister to list "all the reports, masterplans or official documents in the past 10 years which the government had commissioned foreign consultants to prepare, like the Malaysian Education Blueprint which was commissioned to McKinsey & Co., the identity of the foreign consultants and the cost of each commission".

 

In a written answer, the Minister in the Prime Minister's Department, Datuk Seri Shahidan Kassim, failed to give a fulsome response, such as the identity of the reports and consultants commissioned, and the respective individual costs, except a general reply on the costs incurred by the Prime Minister's Department  for outsourcing drafting of national reports and blueprints to  foreign consultants from 2008 to 2013, viz:

 

2008 - RM 3,313,121.00

2009 - RM17,751,570.00

2010 - RM20,134,063.00

2011 - RM71,904,227.45

2012 - RM84,535,849.77

2013 – RM18,349,135.80

 

The answer raised even more questions, including what is the Najib administration trying to hide when it failed to answer  the very clear question on the identity of "all the reports, masterplans or official documents in the past 10 years" where the government had commissioned foreign consultants to prepare, "the identity of the foreign consultants and the cost of each commission".

 

In the past five years, RM212.5 million had been spent to outsource the preparation of reports, masterplans and official documents to foreign consultants, a rare practice in the early decades of the nation's history under the administration of the first five Prime Ministers.

 

It would appear that in the first 52 years of the nation's history under the first five Prime Ministers, there is greater confidence in Malaysians than on foreigners or foreign consultants in their ability to think and plan for the country's future, whether economic or educational, that the practice of outsourcing the preparation of national plans and masterplans to foreign consultants was a great rarity.

 

Is this one important meaning of Najib's "Government Transformation Plan"?

 

In any event, why is the Najib administration shy to enumerate all the reports, masterplans or official documents which had been outsourced by the Prime Minister's Department to foreign consultants to prepare, the identity of the foreign consultants and the cost of each commission? 

 

I call on Shahidan not to commit the unparliamentary practice of avoiding my question but  to give a full reply to my question, listing all the reports, masterplans or official documents which had been outsourced to foreign consultants to prepare, the identity of the foreign consultants and the cost of each commission.

Kredit: www.malaysia-today.net

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