Selasa, 6 Ogos 2013

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The greatest crime of all: free thought

Posted: 05 Aug 2013 09:32 PM PDT

I have a whole collection of Che Guevara T-shirts. I also have a whole collection of berets -- mainly because Che used to wear one as well -- and I am sure you have seen pictures of me wearing a beret. I have the double-DVD movie of Che and have watched it so many times.

NO HOLDS BARRED

Raja Petra Kamarudin

(TMI) - He has made the news over and over again for about the same reasons – he raps about people and things one doesn't normally expect to turn up in a rap song. And this has incurred the wrath of the authorities from time to time.

For a rapper who is no stranger to controversy, the last thing one expects Namewee to say is he is tired.

"I am just very tired. I have put in so much effort, wasted so much of my time and youth to promote unity through movies, yet they are doing this," he told The Malaysian Insider, referring to attacks from Umno-backed newspapers and rights groups.

He has made the news over and over again for about the same reasons – he raps about people and things one doesn't normally expect to turn up in a rap song. And this has incurred the wrath of the authorities from time to time.

But this time, it is different. This time, Namewee is in the sights because he has come out in support of a movie that was slammed by the weekend newspaper Mingguan Malaysia for glorifying communism.

Yesterday, Malay rights group Perkasa even demanded that his citizenship be revoked.

*********************************************

Now they want Wee Meng Chee a.k.a Namewee's citizenship to be withdrawn because he is alleged to be 'glorifying' communism. This means glorifying something is now considered a crime in Malaysia.

What does glorify mean anyway?

Glorify means to exalt, honour, acclaim, extol, eulogise, commend, celebrate, laud, sing praises of, etc.

And, that, some Malaysians would like to add to the list of crimes against the nation.

If we classify glorifying as a crime, that would mean we are declaring freedom of thought as a crime as well because glorifying is something embedded in your mind. You imagine or perceive something as worthy of exalting, honouring, acclaiming, extolling, eulogising, commending, celebrating, lauding, singing the praises of, and so on.

I have a whole collection of Che Guevara T-shirts. I also have a whole collection of berets -- mainly because Che used to wear one as well -- and I am sure you have seen pictures of me wearing a beret. I have the double-DVD movie of Che and have watched it so many times.

In that sense you can say that I exalt, honour, acclaim, extol, eulogise, commend, celebrate, laud, sing praises of, etc. -- meaning I glorify Che.

Now, Che is a Communist. Do these people who want Namewee's citizenship to be withdrawn also want my citizenship withdrawn since both Namewee and I glorify Communism?

I perceive Che -- a physician born in Argentina -- as being a fighter. He fought against corruption and injustice, which is a noble thing. The only thing is he was a Marxist.

But then, at that time, in that part of the world, Marxism was chic or fashionable. Most young people, students, revolutionaries, etc., subscribed to Marxism, even those in the west. No doubt some people  grew out of this fad later in life. But many held to the ideals of Marxism in their younger days.

This is what we call freedom of thought. You are free to think what you like. You can even believe that there is a God somewhere up there if you would like to believe that -- or you can believe that there is no such thing as God if you so wish as well.

No one has the right to tell you that you should not believe in God since you can offer no proof of the existence of God -- or tell you that you must believe in God since you cannot prove that God does not exist. Believe what you want to believe. That is your freedom of thought.

Hence, if you also believe in Che, like me, or even in Communism, that is your freedom of thought. No one has the right to tell you what you can and cannot believe.

Okay, some may argue that the Communist Party has been banned in Malaysia. That is well and fine. Since that is the law then we shall respect the law. But we are not talking about forming or registering a Communist Party. If we do then that would be a crime. We just believe in Communism. That is not a crime.

Let me put it another way.

Islam has never outlawed slavery. So, say, as a Muslim, I tell you that I believe in slavery. Is that a crime? If it is then Islam should be banned.

I said I believe in slavery. I did not say I keep slaves in my home. That would be a crime. I also did not raid any neighbouring land and capture slaves to sell, or buy slaves from the slave-market, which would also be a crime.

Hence where is my crime? Is it a crime to believe in something without doing anything about what you believe in?

I also believe in gay rights. I do not have a gay partner or indulge in sex with another man, which would be a crime in Malaysia. So where is my crime when I only believe in gay rights?

Believing is not a crime, even if you glorify what or whosoever you may believe in. That is called freedom of thought. So stop asking for the citizenship of those who practice freedom of thought to be withdrawn. That is silly.

 

Kredit: www.malaysia-today.net

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Bellicose Islamic leaders might destroy Malaysia, warns Zaid

Posted: 06 Aug 2013 12:05 PM PDT

http://www.themalaymailonline.com/uploads/articlesZaid-Ibrahim-filepic-AFP_200_213_100.jpg 

(The Malay Mail) - Hardline Islamic leaders seeking to punish Shia Muslims might "destroy the country", former minister Datuk Zaid Ibrahim said yesterday as state religious authorities move to enforce laws that forbid the teachings of denominations other than the mainstream Sunni.

In a series of scathing posts on Twitter, Zaid lashed out at the Malaysian Islamic Development Department (JAKIM) for its crackdown of followers of the Shia school of jurisprudence that the former de facto law minister compared to the intra-faith conflict raging among the Arab nations.

"Are the Syiah Muslim? Obviously they are otherwise Jakim would not be interested in them," he said in a posting on his Twitter handle @zaidibrahim.

"So if you are Muslim but not of the variety accepted by Jakim you get punished... If this is not stupidity what is?" he added.

Shia ― also spelled as Syiah locally ― is Islam's second largest denomination after Sunni, the latter of which is widely practised in Malaysia and is the only one recognised by JAKIM.

The National Fatwa Council had issued an edict on May 5, 1996 banning the belief on the grounds that it would split Muslims in the country.

But the issue resurfaced in public discourse recently after Kedah Mentri Besar Datuk Mukhriz Mahathir pushed for an anti-Shia fatwa to be gazetted in the state to curb the spread of the Shia belief in the country.

The Home Ministry's secretary-general Datuk Seri Abdul Rahim Mohamad Radzi was reported by Malay daily Utusan Malaysia as saying today that 10 states had gazetted anti-Shia laws that went against the Sunnah Wal Jamaah jurisprudence.

According to Abdul Rahim, Pahang, Kelantan, Sabah dan Sarawak were in the process gazetting the anti-Shia legislation.

The senior officer also said there were some 250,000 Shia followers in the country and added that the home ministry was keeping a close eye on them for possible militant activity.

In his latest Twitter tirade, the founder of Malaysia's largest law firm, Zaid Ibrahim & Co ― which he has since sold off ― continued to hit out at the country's leading Islamic authority for trying to drive a wedge among Muslims.

"Just because the Arabs partake in Syiah-Sunni warfare doesnt mean we have to follow. Do we want those killings in this great country?" he asked.

Read more at: http://www.themalaymailonline.com/malaysia/article/bellicose-islamic-leaders-might-destroy-malaysia-warns-zaid 

What the Chinese want and why we wouldn’t ‘balik’ China

Posted: 06 Aug 2013 11:44 AM PDT

https://encrypted-tbn1.gstatic.com/images?q=tbn:ANd9GcSyFF8WLOasAQ3GqY37yKSS4jUybWyR_qimWA5ppj6tujDxEriv 

In Malaysia, even if we don't get whatever rights we are supposed to get as a Malaysian citizen, we can still behave like how Chinese do in other countries where we are not citizens… just do our work or run our businesses quietly and carry out our traditions and beliefs and be ok with it. But some people just can't leave us alone even to do that.

Carol Ng, letter to FMT 

What do the Chinese want? It's pretty amazing after 55 years in the same country that our leaders still have no clue to the answer to this question. And even more amazing is the demand for Chinese to go back to China, and in the meantime, Indians go back to India too. I'm not sure what makes them think China or India would take us 'back' in the first place. Both countries are so populated, the governments there would not only deport us, they might ask us to take some of their own citizens back with us while we're at it.

This is my attempt to answer this apparently very elusive question. I apologise if my views don't represent those of all Malaysian Chinese, but I believe that for most of us, going 'back' to China, even if we legally could, is nowhere on the list. I'm also about to highlight some negative perceptions about the Chinese, which I'm not afraid to point out being a Chinese well, as I believe it's important to be able to acknowledge when your own people are doing something wrong and not be afraid to criticise it…. Something that quite a few people in this country seem to be unable to do and would rather ignore the wrong others are doing just because they are of the same race or religion.

China may be making a name for itself as a technological powerhouse, but the country is run by a dictatorship. There is no freedom of speech, and there are heavy restrictions on use of the internet, the press, freedom of religion, and freedom of assembly. There is a huge disparity between rich and poor in China, social injustices are high and people have become so indifferent to each other that people can walk pass an injured and dying toddler on the road and not be bothered to help. Basically, everything we don't like about Malaysia, is a lot worse in China.

For my Indian friends, it's pretty much a similar case in India. If we did leave the country, why go to a country where life would be more difficult? If we migrated anywhere, we'd rather go to Singapore, America, Australia, United Kingdom, which may not be perfect, but there is more equal opportunity, more freedom, higher pay and a good chance at a better livelihood. But for a lot of us, we'd rather stay in Malaysia, simply because most of our happy memories, friends and family are here. Plus the food here is just too good.

So if we don't like China and we'd rather not run off to some developed country, why do we Chinese complain so much about Malaysia if it's not that bad? I believe it can be summarised as follows:

  • We want to show off how successful we are compared to others
  • We want to have pride in what we earn, not receive money for nothing
  • We want a secure future for our children
  • And even if our government doesn't give us what we want, then at the very least,
  • We want to be left alone to do earn our livelihood and carry out our traditions and beliefs without others threatening our ways.

Every Chinese New Year, the typical Chinese parent will go round getting updates from family members asking what their kids are doing, then tell what their kids are doing, then compare which kid is doing better in life. It's annoying for the children, but it encourages competitiveness. Same goes for Malaysia. We know it is a good country. But when we see other countries that are economically stronger and richer, we know it could be a better country.

Malaysia is rich in natural resources, which when managed well, would help Malaysia develop quickly. Yet when we visit our tiny neighbour down south, we have to pay double the price for the same thing. Singapore's GDP ranks among the top 5 in the world, but Malaysia is all the way below, at 55th. How can this be? We are losing face to our tiny neighbour! So we complain because we want to be better than them.

The Chinese like taking pride in telling people whatever we earned was through our own hard work. But if a Chinese is not working and just receiving money from elsewhere, we may think they are lucky, but not someone very respectable as they are not contributing to society. This is partly why the Chinese do not favour monetary handouts like BR1M. There is no pride in receiving money for doing no work. This is why we hate corruption so much as corrupted people are essentially getting money for nothing. It's especially annoying when we know that money was earned through our own hard work to begin with.

The Chinese win hands down

In fact, China's Chinese hate it so much that corrupted officials get the death sentence. The other reason is because monetary handouts are not a sustainable form of income as the money is used up quickly and there is no guarantee it will be continuous, so what's happens when such handouts stop? It is not a long term benefit for us and for our future generations. And for Chinese, ensuring a secure future for our children is very important. So much that some poor parents work all their life and stay frugal just to ensure their children get a good education and are successful in future.

So what would be better is to provide scholarships to our intelligent children.

You would never see the Chinese demand scholarships for poorly performing Chinese students to get scholarships, far as we are concerned, if you cannot study, you don't deserve a scholarship. We only complain when a student has performed very well in his or her studies, but is still unable to get a scholarship in Malaysia just because they are not of a certain race. Security for future generations also includes ensuring costs of living remains low. Which is why we always complain that costs of living, housing, transportation and practically everything is skyrocketing but our salaries are not. This is not a sustainable future for our children. Not for any Malaysian children, for that matter.

The Chinese also really like money. We like it so much that in some Western countries, while the local shops all shut at 5 or 6pm or locals are going on strike to demand improved labour rights, who are the ones still having shops open until late at night? Those crazy Chinese. Similarly in Malaysia, even if we don't get whatever rights we are supposed to get as a Malaysian citizen, we can still behave like how Chinese do in other countries where we are not citizens… just do our work or run our businesses quietly and carry out our traditions and beliefs and be ok with it.

But some people just can't leave us alone even to do that. They want to burn our bibles, which we use to minister to our fellow Christians. And even for our Indian friends who also want to do their own thing quietly, they're also not left alone by some jokers who had the gall to put the head of their most sacred animal in front of a Hindu temple. Why? Because we are perceived as a major threat to their race. The Chinese make up 23% of the Malaysian population and Indians even less at 7%. How logical is it that we would be a threat to a race that makes up well over half the country's population?

While some extremists are busy lodging reports and protesting about anything and everything that they perceive to be a threat to their race or religion, we just continue doing our work. Even when the blogger Papagomo made an incredibly scary suggestion to "rise, riot and kill all Chinese bastards in Malaysia, and slaughter them like slaughtering pigs.", the most Chinese do is complain online or among each other, and then back to doing our own thing.

We are so busy with our lives that the primary complainant, Jamilah Baharuddin, who lodged a report against the bigot Papagomo was ironically not even a Chinese! And instead of being appreciated, or at least left alone to focus on our work (which by the way, is how we improve the country's economy), our beliefs are hijacked to demonstrate some misguided form of racial superiority, and we are told to go back to China. Which seems to show that some people are just way too free to do these kinds of things instead of doing actual work and contributing something to the development of our country.

The reality is Chinese make up the largest ethnic population in the world population, 20% to be exact. Together with Indians, who are also one of the largest, we could collectively take over the world if we want to. If anybody has rights to racial superiority, based on sheer numbers, the Chinese win hands down. But we don't try to overthrow governments. We don't proclaim supremacy over other races. We are perfectly ok spreading out all over the world and making ourselves minorities in other countries as long as there is freedom to practice our ways and good opportunity for economic success.

A lot of Malaysians have already left the country to find greener pastures elsewhere as they see better opportunity in other countries than here, which I personally find sad. As easy as it would be for me to leave too, I'd rather stay and continue to hope for Malaysia to truly become the racially harmonious and progressive country it proclaims itself to be instead of a divided people that have fallen to the tricks and lies of certain unscrupulous politicians.

Wishing my Malay friends a Selamat Hari Raya and hope that this helps create a better understanding and respect between all races and religions.

A time when Utusan Malaysia didn’t get away with everything…

Posted: 06 Aug 2013 11:42 AM PDT

http://www.themalaysianinsider.com/assets/uploads/resizer/Utusan-Malaysia-racist-headline-apa-lagi-cina-070813_540_405_100.jpg

Abdullah Badawi implies such Utusan Malaysia headlines as these would not have been tolerated by him. 

(The Malaysian Insider) - In a book about his years in power, former prime minister Tun Abdullah Badawi makes a startling revelation about how he dealt with Utusan Malaysia, in stark contrast to how the strident newspaper is managed by its Umno backers now.

Abdullah was known for liberalising news media in an attempt to restore their credibility after the severe damage that mainstream media took under the Mahathir years, but Abdullah still kept a firm line on racial and religious issues.

Referring to his appointees, he said, "I did not interfere with their work as I believed that they had a professional job to do and I allowed them the space to do it. But when they abused the openness by playing up racial and religious issues, like when Utusan Malaysia did, then I would call them and warn them."

He revealed that he made a phone call to the editor-in-chief of Utusan Malaysia and left him with a stark warning: the newspaper had crossed the boundary with an editorial that smacked of racism and he should expect no favours from Putrajaya if charged with sedition.

As it turned out, the police did not come a-calling and the editor escaped any sanction. But Abdullah said that phone call put the fear of God into the newspaperman and, after that, there were no more offensive articles from the Umno-owned paper.

Such control apparently no longer exists over the newspaper that has since lost a bunch of defamation cases to opposition members and has even been ticked off in the courtroom for not following journalistic standards.

In reply to a question from the editors of the book on how much control Umno has over Utusan Malaysia now, the former leader replied, "Now, I don't think there's any control anymore."

Read more at: http://www.themalaysianinsider.com/malaysia/article/a-time-when-utusan-malaysia-didnt-get-away-with-everything-.- 

Singapore’s Kuan Yew says Malaysia bleeding talent due to race policy

Posted: 06 Aug 2013 11:39 AM PDT

http://www.themalaymailonline.com/uploads/articleslee-kuan-yew130806_438_300_100.jpg 

(The Malaysian Insider) - "They are prepared to lose that talent in order to maintain the dominance of one race" 

Malaysia's acute brain drain problem is due to its government's insistence on promoting "one race" above all others, former Singapore Prime Minister Lee Kuan Yew wrote in his latest book.

Malaysia experiences a severe talent flight issue with an estimated 5 per cent of skilled locals exiting the country on an annual basis, with the main beneficiary being Singapore.

A World Bank report from 2011 concluded that 20 per cent of Malaysian graduates opt to quit the country, again with Singapore cited as the preferred destinations. Worryingly for Malaysia, the report concluded that these migrants were being replaced by unskilled and uneducated foreigners.

"They are prepared to lose that talent in order to maintain the dominance of one race," read an excerpt of Lee's book, "One Man's View of the World".

"This is putting the country at a disadvantage. It is voluntarily shrinking the talent pool needed to build the kind of society that makes use of talent from all races," Lee continued in parts of the book reproduced by news portal The Malaysian Insider.

In a report last month, British newspaper The Guardian cited analysts as saying the cloud of the New Economic Policy (NEP) race-based affirmative action may stifle investment and hamper Malaysia's quest for developed nation status come 2020 and drag the bottom 40 per cent of its population into high-income status.

Born from the communal dissatisfaction that climaxed during the May 13, 1969 race riots, the NEP was designed ostensibly to lift the poorer sections of the Bumiputera Malay group in a bid to help it catch up to the economic progress of other communities.

Although technically defunct since 1990, the application of the NEP remains very much alive albeit unofficially.

Read more at: http://www.themalaymailonline.com/malaysia/article/singapores-kuan-yew-says-malaysia-bleeding-talent-due-to-race-policy 

Lab on serious crime after Raya, says minister

Posted: 06 Aug 2013 11:33 AM PDT

http://upload.wikimedia.org/wikipedia/commons/thumb/8/89/Idris_Jala_-_World_Economic_Forum_on_East_Asia_2012.jpg/220px-Idris_Jala_-_World_Economic_Forum_on_East_Asia_2012.jpghttps://encrypted-tbn0.gstatic.com/images?q=tbn:ANd9GcQwaFB3x561F2wzQoTYvplc9fde17BYe08su1vb1_jCB3zV4liWeg

Datuk Seri Idris Jala - Rise in crime = Perception 
Datuk Seri Dr. Ahmad Zahid Hamidi - 90% crimes by ex-EO detainees

(Bernama) - A Special Laboratory aimed to explore ways to tackle serious crime in the country would be held after Hari Raya Aidilfitri said Minister in the Prime Minister's Department, Nancy Shukri.

Nancy Shukri said the Special Laboratory would look into the issue from the legal perspectives, especially on the formulation of a stringent act to ensure the personal safety of Malaysians.

"A lab is going to be established after the Hari Raya celebration, (and it) will be headed by Datuk Seri Idris Jala (Minister in the Prime Minister's Department), and the rest of the ministers going in there will be me, Home Minister Datuk Seri Dr Ahmad Zahid Hamidi and Senator Datuk Paul Low Seng Kuan (Minister in the Prime Minister's Department).

"I will also be a member of the lab that would discuss matters related to the duties of the respective agencies under our ministries," she told Bernama, here today, when clarifying a local daily report that said the Special Laboratory would look at laws to replace the Emergency Ordinance. 

DAP's Phee has most assets, while PAS man owns only car and motorcycle

Posted: 06 Aug 2013 11:30 AM PDT

http://www.freemalaysiatoday.com/wp-content/uploads/2012/07/Phee-Boon-Poh-300x282.jpg 

(The Star) - DAP Sungai Puyu assemblyman Phee Boon Poh probably has the most in terms of assets among Penang's Pakatan Rakyat's assemblymen, with eight properties including joint properties, some of which are in Hamilton, New Zealand.

According to his asset declaration, Phee, who is a state exco member, jointly owns houses (inherited) and land in Hamilton, an apartment in Pantai Molek, Butterworth, a house in Taman Dalia, a shophouse in Bandar Mutiara (inherited), land in Teluk Air Tawar, a penthouse in Bagan Ajam and bungalow land in Batu Kawan.

Phee also owns shares in 24 companies and unit trust shares in six companies.

Chief Minister Lim Guan Eng, meanwhile, has two shophouses in Malacca, the same as he did when he first took office in 2008. He also has RM308,368 in fixed deposit and shares/unit trusts in eight companies.

One shophouse is a joint property bought for RM435,000, and while another was bought for RM530,000.

Lim settled the RM300,000 loan for the first shophouse and a RM350,000 loan for the second one last year. He does not own any vehicle.

Another state exco member, Lim Hock Seng, also from DAP, owns a house in Seberang Jaya, a flat in Mutiara Perdana, a flat in Vista Perdana, a shophouse in Jalan Raja Uda and a factory in Permatang Pauh (both joint properties) and two pieces of land in Teluk Air Tawar.

State PAS commissioner and Permatang Pasir assemblyman Datuk Salleh Man does not own any property or shares.

He owns a motorcycle and a Toyota Corolla Altis, which he bought for RM5,000 and RM118,000 respectively.

Datuk Abdul Malik Abul Kassim of PKR does not own any property or shares.

Abdul Malik, who is also a state exco member and second-term Batu Maung assemblyman, is listed as owning a Proton Tiara, a Honda CRV and a Ford Ranger, which he bought for RM36,000, RM143,000 and RM32,000 respectively.

PKR's first-term Machang Bubuk assemblyman Lee Khai Loon does not own any property but has 10,254 units of Amanah Saham Wawasan 2020 shares and a fixed deposit of RM41,990.

Sungai Pinang assemblyman Lim Siew Khim of DAP only owns a flat and a Proton Wira which she bought for RM50,00 and RM43,000 respectively. She took loans of RM45,000 and RM23,000 to buy the flat and car respectively.

Sungai Bakap assemblyman Maktar Shapee of PKR owns an inherited land in Seberang Prai Selatan and a Proton Persona which he bought for RM60,000.

He does not own any property, shares or unit trust shares. 

Pak Lah in ‘Awakening’ anger at Dr M

Posted: 05 Aug 2013 10:53 PM PDT

(MM) - After years of "elegant silence", Tun Abdullah Ahmad Badawi is now firing back at his number one critic and former boss Tun Dr Mahathir Mohamad, accusing his predecessor of leading the "unwarranted attacks" that led to his eventual ouster.

Although handpicked by Dr Mahathir to be his successor, Abdullah later came under relentless attack from the nation's longest-serving prime minister and ultimately was forced to relinquish his presidency of Umno and position as prime minister to Datuk Seri Najib Razak in April 2009, after leading Barisan Nasional (BN) to its then-worst electoral showing in Election 2008.

"I didn't like what Mahathir did. I gave Mahathir the opportunity to give me his views. I went to see him but he chose to be public in his attacks against me and my administration," read an excerpt of his book Awakening reproduced by Malaysiakini today.

"Mahathir cannot deny that he contributed to the erosion of BN's support in the 2008 general election through his open and unwarranted criticism and attacks.

"Calling my administration, which included a majority of people from his own Cabinet, as a 'half-past-six government' and accusing us of corruption and all kind of things," Abdullah continued,

According to the 73-year-old fondly called "Pak Lah", the "core issue" was with Dr Mahathir's inability to accept any vision of the country beyond what he had mapped out before his retirement.

"Mahathir is set in his ways. And he believes that his way is the only way. When I tried to do things differently, he believed that I was doing things wrongly. But that is Mahathir," read another excerpt.

The previously cordial relationship between the two turned sour when, after coming to power, Abdullah discontinued the double-tracking rail megaproject approved during Dr Mahathir's time, citing the country's weak finances.

Dr Mahathir had then taken the cancellation, as well as that of the controversial "Crooked Bridge" to Singapore, as personal affront, saying these insinuated he had mismanaged the country's finances.

In his book, Abdullah revisits the double-tracking project, among others, insisting the country would have succumbed to the 2008 banking crisis had he not cancelled the projects when he did.

"Can you imagine if I had succumbed to Mahathir's continued pressure to spend when the deficit was already so high, how would Malaysia have weathered the oil and financial crisis which subsequently came up in 2008?

"If we had not been prudent then, and continued to spend, I can tell you we would be bankrupt by now," he said in an interview, which was published in the book that is slated to be launched later this month.

The new remarks are unlikely to improve relations between the two former prime ministers, which have remained chilly despite the years since Abdullah made way for Najib.

In an earlier excerpt, Abdullah lashed out at Dr Mahathir for accusing him of sleeping on the job although Dr Mahathir was aware that Pak Lah's bouts of public napping were due to a now-corrected disorder of sleep apnoea.

"He knew the problem and yet he chose to say all these things."

Awakening, jointly edited by political analysts Bridget Welsh and James Chin, is due to be launched by Pak Lah later this month.

Abdullah was prime minister from 2003 until 2009 after serving as Dr Mahathir's deputy starting in 1999.

He was the member of parliament for Kepala Batas from 1978 until Election 2013, when he made way for current MP Datuk Reezal Merican Naina Merican.

He is also the father-in-law of Youth and Sports Minister and Umno Youth chief Khairy Jamaluddin.

 

The greatest crime of all: free thought

Posted: 05 Aug 2013 09:32 PM PDT

I have a whole collection of Che Guevara T-shirts. I also have a whole collection of berets -- mainly because Che used to wear one as well -- and I am sure you have seen pictures of me wearing a beret. I have the double-DVD movie of Che and have watched it so many times.

NO HOLDS BARRED

Raja Petra Kamarudin

(TMI) - He has made the news over and over again for about the same reasons – he raps about people and things one doesn't normally expect to turn up in a rap song. And this has incurred the wrath of the authorities from time to time.

For a rapper who is no stranger to controversy, the last thing one expects Namewee to say is he is tired.

"I am just very tired. I have put in so much effort, wasted so much of my time and youth to promote unity through movies, yet they are doing this," he told The Malaysian Insider, referring to attacks from Umno-backed newspapers and rights groups.

He has made the news over and over again for about the same reasons – he raps about people and things one doesn't normally expect to turn up in a rap song. And this has incurred the wrath of the authorities from time to time.

But this time, it is different. This time, Namewee is in the sights because he has come out in support of a movie that was slammed by the weekend newspaper Mingguan Malaysia for glorifying communism.

Yesterday, Malay rights group Perkasa even demanded that his citizenship be revoked.

*********************************************

Now they want Wee Meng Chee a.k.a Namewee's citizenship to be withdrawn because he is alleged to be 'glorifying' communism. This means glorifying something is now considered a crime in Malaysia.

What does glorify mean anyway?

Glorify means to exalt, honour, acclaim, extol, eulogise, commend, celebrate, laud, sing praises of, etc.

And, that, some Malaysians would like to add to the list of crimes against the nation.

If we classify glorifying as a crime, that would mean we are declaring freedom of thought as a crime as well because glorifying is something embedded in your mind. You imagine or perceive something as worthy of exalting, honouring, acclaiming, extolling, eulogising, commending, celebrating, lauding, singing the praises of, and so on.

I have a whole collection of Che Guevara T-shirts. I also have a whole collection of berets -- mainly because Che used to wear one as well -- and I am sure you have seen pictures of me wearing a beret. I have the double-DVD movie of Che and have watched it so many times.

In that sense you can say that I exalt, honour, acclaim, extol, eulogise, commend, celebrate, laud, sing praises of, etc. -- meaning I glorify Che.

Now, Che is a Communist. Do these people who want Namewee's citizenship to be withdrawn also want my citizenship withdrawn since both Namewee and I glorify Communism?

I perceive Che -- a physician born in Argentina -- as being a fighter. He fought against corruption and injustice, which is a noble thing. The only thing is he was a Marxist.

But then, at that time, in that part of the world, Marxism was chic or fashionable. Most young people, students, revolutionaries, etc., subscribed to Marxism, even those in the west. No doubt some people  grew out of this fad later in life. But many held to the ideals of Marxism in their younger days.

This is what we call freedom of thought. You are free to think what you like. You can even believe that there is a God somewhere up there if you would like to believe that -- or you can believe that there is no such thing as God if you so wish as well.

No one has the right to tell you that you should not believe in God since you can offer no proof of the existence of God -- or tell you that you must believe in God since you cannot prove that God does not exist. Believe what you want to believe. That is your freedom of thought.

Hence, if you also believe in Che, like me, or even in Communism, that is your freedom of thought. No one has the right to tell you what you can and cannot believe.

Okay, some may argue that the Communist Party has been banned in Malaysia. That is well and fine. Since that is the law then we shall respect the law. But we are not talking about forming or registering a Communist Party. If we do then that would be a crime. We just believe in Communism. That is not a crime.

Let me put it another way.

Islam has never outlawed slavery. So, say, as a Muslim, I tell you that I believe in slavery. Is that a crime? If it is then Islam should be banned.

I said I believe in slavery. I did not say I keep slaves in my home. That would be a crime. I also did not raid any neighbouring land and capture slaves to sell, or buy slaves from the slave-market, which would also be a crime.

Hence where is my crime? Is it a crime to believe in something without doing anything about what you believe in?

I also believe in gay rights. I do not have a gay partner or indulge in sex with another man, which would be a crime in Malaysia. So where is my crime when I only believe in gay rights?

Believing is not a crime, even if you glorify what or whosoever you may believe in. That is called freedom of thought. So stop asking for the citizenship of those who practice freedom of thought to be withdrawn. That is silly.

 

In new book, ‘sleeping’ Pak Lah says Dr M knew of condition

Posted: 05 Aug 2013 08:21 PM PDT

(MM) - In a soon-to-be-released book entitled "Awakening", former prime minister Tun Abdullah Ahmad Badawi reveals that predecessor Tun Dr Mahathir Mohamad knew of his sleep apnoea problem but still went on to accuse him of sleeping on the job.

"I did tell Mahathir of my condition so for him to say I doze off because I am not interested in the job is most unkind," read an excerpt of the book reproduced by new portal Malaysiakini today.

"He knew the problem and yet he chose to say all these things."

Images of Abdullah (picture), affectionately called "Pak Lah", apparently dozing in meetings and other events were distributed across the internet during his tenure. These coincided with worsening economic conditions in the country, leading to accusations he was letting the country slip out of control.

The allegations also forced Abdullah to come out and defend himself then, saying in an interview with Chinese-language daily Nanyang Siang Pau that he was "no sleeping PM".

Although handpicked by Dr Mahathir to be his successor, Abdullah came under incessant attack from the nation's longest-serving prime minister and ultimately was forced to relinquish his presidency of Umno and position as prime minister to Datuk Seri Najib Razak in April 2009, after leading Barisan Nasional (BN) to its then-worst electoral showing in Election 2008.

In the coming book, Abdullah repeats his previous revelation of suffering from obstructive sleep apnoea, a disorder that may cause snoring and nocturnal sleep deprivation leading to daytime drowsiness in sufferers.

"My late wife, staffers and close associates pointed out to me that I had a tendency to doze off. I then consulted a good friend of mine, Dr Balvinder of Putrajaya Hospital who then suggested they do a sleep study on me," Abdullah says in the book.

Abdullah previously said he has since undergone surgery to correct the issue and no longer suffers from the condition.

"Awakening" is due to be launched by Pak Lah later this month.

"Awakening", jointly edited by political analysts Bridget Welsh and James Chin, is due to be launched by Pak Lah later this month.

Abdullah, 73, was prime minister from 2003 until 2009 after having served as Dr Mahathir's deputy beginning in 1999.

He was the member of parliament for Kepala Batas from 1978 until Election 2013, when he made way for current MP Datuk Reezal Merican Naina Merican.

He is also the father in law of Youth and Sports Minister and Umno Youth chief Khairy Jamaluddin. 

 

Syiah practices allowed under Pak Lah

Posted: 05 Aug 2013 04:31 PM PDT

Malaysia is a signatory of the Amman Messages, which gives recognition to Sunni, Syiah, Ibadi and Thahiri schools of jurisprudence.

K Pragalath, FMT

Former prime minister Abdullah Ahmad Badawi allowed the Syiah minority to practice their religion in Malaysia by signing an agreement called the Amman Messages in November 2004 in Jordan.

He was one of 552 signatories representing 84 countries.

Other Malaysian leaders who endorsed the Amman Messages were opposition leader Anwar Ibrahim, former minister in the prime minister's department Abdul Hamid Othman and current ministers Shahidan Kassim and Khairy Jamaluddin.

The first point in the Amman Messages gives recognition to schools of jurisprudence within the Sunni, Syiah, Ibadi and Thahiri sects.

"Whosoever is an adherent to one of the four Sunni schools of Islamic jurisprudence (Hanafi, Maliki, Shafi'i and Hanbali ), the two Shi'i schools of Islamic jurisprudence (Ja'fari and Zaydi), the Ibadi school of Islamic jurisprudence and the Thahiri school of Islamic jurisprudence, is a Muslim. Declaring that person an apostate is impossible and impermissible," the agreement stated.

Signatories to the agreement are also not allowed to declare practitioners of Sufism and Salafism as apostates.

This contradicts Minister in Prime Minister's Department Jamil Khir Baharom's statement last week that any individual propagating the Syiah ideology could be prosecuted in a civil court under the Control and Restriction of the Propagation of Non-Islamic Religions Enactment.

Action also can be taken under the Syariah Criminal Offences Enactment on Contravening Fatwa.

"The country adopts the Ahli Sunnah Wal-Jamaah ideology and stern action will be taken against those propagating the Syiah ideology," Jamil Khir was reported as saying.

Human rights violations

The second point of the Amman Messages highlights the similarities among the various schools of jurisprudence.

The third point pertains to the issuance and limitation of fatwas.

"No one may issue a fatwa without the requisite personal qualifications which each school of Islamic jurisprudence determines [for its own adherents]. No one may issue a fatwa without adhering to the methodology of the schools of Islamic jurisprudence.

"No one may claim to do absolute Ijtihad (reasoning) and create a new school of Islamic jurisprudence or to issue unacceptable fatwas that take Muslims out of the principles and certainties of the Shariah law and what has been established in respect of its schools of jurisprudence."

READ MORE HERE

 

Election Court rules by-election in Klias

Posted: 05 Aug 2013 03:55 PM PDT

(FMT) - KOTA KINABALU: The Klias state seat in Sabah will see a by-election, the Election Court decided today. The court's decision in allowing the first GE13 election petition, paves way for the by-election.

The decision is likely to court protest by the opposition pact Pakatan Rakyat, whose election petitions so far have been dismissed with high costs.

In the last polls, the Klias seat was won by Sabah opposition chief Lajim Ukin who beat Barisan Nasional's Isnin Aliasnih by a majority of 342 votes.

The decision is the first challenge allowed by the courts on the 13th general election, held on May 5.

The court, however, threw out Lajim's election petition challenging the result of the Beaufort parliamentary seat, which he lost to Barisan Nasionl.

The petition for the Klias seat, which Lajim won with a 342-vote majority, was filed by Barisan Nasional's Isnin.

Justice Yew Jen Kie, in making the decision however, struck out Isnin's petition against the Returning Officer (RO) and Election Commission (EC) and ordered Isnin to pay them RM10,000 each in costs.

He said Isnin did not plead how the RO and EC's actions had affected the outcome of the Klias seat.

Isnin was represented by counsel Japar Estaban, Saiful Aizat Moktar and Rizwandean Bukhari Borhan.

Justice Yew also struck out Lajim's petition challenging the validity of the Beaufort results. The seat was won by Barisan's Azizah Mohd Dun.

Justice Yew ordered Lajim, who was represented by counsel Chau Chin Tang and Lawrence Thien, to pay RM30,000 in costs to Azizah and RM10,000 each to RO Jupari@Jupri Etok and the EC.

READ MORE HERE

 

Trapped in a vicious cycle

Posted: 05 Aug 2013 02:57 PM PDT

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Najib said he was prepared to consider giving the police "whatever they required" to fight crime, provided these requests were reasonable and affordable.

Why the hypocrisy? His spirit is not willing and his flesh is even weaker. The police will never be given the independence they need to operate effectively. Umno-Baru finds the police useful for hounding opposition politicians, activists and dog trainers.

By Mariam Mokhtar, Malaysiakini

"Malaysia is more dangerous than South Africa," were the parting words of a retired couple who returned to Johannesburg after a failed attempt to live in Malaysia under the 'Malaysia My Second Home' (MM2H) programme. Friends of the couple said they had feared for their own and their family's safety.

Unlike this South African couple, ordinary Malaysians are trapped in a vicious cycle of emboldened criminals, an inept police force and a government in denial.  Few have access to guns like the Tan Sri who recently shot dead a thief at a clinic in Kuala Lumpur.

Owning a gun is not what Malaysians desire. We want a police force which is committed to tackling crime and not being the lapdog of Umno Baru. Cabinet ministers deny that a state of lawlessness exists. They issue statements and are then trapped by their own spin.

http://mk-cdn.mkini.net/654/c9161f62eab78c5cc8eb4e67151e4ab5.jpg Former home minister Hishammuddin Hussein, more noted for his incompetence than his achievements in office, had complete disregard for the concerns of the public. He ridiculed the rakyat after they complained about rising crime levels and told them that increased crime was only a "perception".

In October 2012, the government's efficiency-monitoring unit Pemandu released data which appeared contradictory. This prompted the DAP's Tony Pua to request from the home minister, a detailed breakdown of statistics, according to categories of crime.

Hishammuddin said the statistics were not available: "…the ministry is of the view that it is not plausible to present the detailed statistics for each crime category according to the various districts in Selangor and all states…"

He knows that BN's fabricated crime figures would be exposed if the statistics were released.

 

What would Hishammuddin and his family know about crime when they have 24-hour security and well-guarded properties? Many Umno-Baru politicians enjoy the trappings of high office which closely resemble an aristocratic life of pomp, pageantry and pampering.

In 2010, PKR's Tian Chua revealed that the police had lost 36 semi-automatic pistols, 51 revolvers and two sub-machine guns since 2001. The loss also included 49 motorcycles, three cars, one van and one 4WD.

Were these items lost through carelessness or were they stolen? What steps have been taken to ensure that the mistakes are not repeated?

http://mk-cdn.mkini.net/660/680b6388a0cb529ac384a12c5a1b4229.jpg Three years ago, the MCA president Dr Chua Soi Lek allegedly called Penang Chief Minister Lim Guan Eng a liar, when a Bernama report alleged that Lim had said that kidnappings were common in Johor.

Chua said: "If he really said that, then Lim Guan Eng is a liar….As I come from Johor itself, I say the statement is very unfair. The crime rate has gone down and Johor is almost all the time the country's top investor destination."

Today, Chua is trapped by his own words.

'Political meddling'


The country has seen an unprecedented rise in gun crime, with six shootings recorded last week. Why did it take the murder of the Arab-Malaysian Development Bank founder Hussain Ahmad Najadi, to wake Umno Baru president Najib Abdul Razak from his hibernation?

http://mk-cdn.mkini.net/643/b715130d4abe5fc5c030f79349d4f9f1.jpg Did Najib address the nation because the high-profile murder of a foreigner would dent his image overseas? Was he afraid that his silence could be used against him in the Umno general assembly?

Najib said he was prepared to consider giving the police "whatever they required" to fight crime, provided these requests were reasonable and affordable.

Why the hypocrisy? His spirit is not willing and his flesh is even weaker. The police will never be given the independence they need to operate effectively. Umno-Baru finds the police useful for hounding opposition politicians, activists and dog trainers.

If Najib were sincere, he would push for the Independent Police Complaints and Misconduct Commission (IPCMC). Deputy Home Minister Wan Junaidi Tuanku Jaafar fears that, with the IPCMC, police personnel would end up being treated worse than criminals. Only an Umno Baru politician would be capable of making stupid remarks like that.

When the former police chief Musa Hassan exposed corruption in the police force, we were angry with him for waiting until he had left office before making the revelations.

http://mk-cdn.mkini.net/555/31c13a73b47dce05a2fef675fa3c88a7.jpg Musa (left) had also complained about political interference. So, has Najib stopped this political meddling? Has Najib even begun to investigate any of the points raised by Musa? Have any conclusions been drawn, or is Najib afraid of revealing a can of worms?

Musa's allegations of the police being linked to criminal syndicates are not new. We heard about them over 20 years ago, but what has been done?

Last week, Inspector-General of Police Khalid Abu Bakar fumed over the Singaporean newspaper The New Paper's headline, 'Welcome to Malaysia where… death is cheap and staying alive costly'.

There is some truth in the claims of the article, although it omitted to mention that inflation has increased the cost of arranging contract killings. In the nineties, an Ipoh man claimed that hacking off a limb would cost RM200 and that taking someone's life would cost RM 400.

Why two reports?

Today, Ipohites who are victims of crime, are angry when told to make two police reports; the first brief report must be made at the police station which covers their area of residence or where the theft occurred, whilst the second detailed report is to be made with 'Team A' at the police headquarters, opposite the Ipoh railway station.

Why two reports? Have the police so much time on their hands, that they feel it necessary to waste the rakyat's time and taxpayer's money, too?

http://mk-cdn.mkini.net/498/9ecd90310b94a8131eb2d8d510530bcf.jpg Victims of crime are already traumatised. Must they go through more agony, this time at the hands of the police? Not everyone can spare money for travel, or time off from work or their hospital bed, to make several reports.

There are many stories of police incompetence or delay in reaching the scene of the crime. Some victims claim that the police are either too lazy or incapable of taking any forensic evidence.

In one case, the victim whose car was a write-off after a drunk driver drove into him, was told by the police not to mention the drunkenness in his report. Why? Others allege that the police brow-beat the victims into making very brief police reports. Is this to save police time or reduce their work load?

Khalid accused the Singaporeans of being busybodies, whilst Utusan Malaysia went further and claimed that jealousy was a contributory factor in the controversial headline.

Instead of quibbling about newspaper headlines, Khalid should act to reduce the crime rate of Malaysia. He faces a difficult task because he will be trapped in a mire of corruption created by rogue policemen, a corrupt judiciary and corrupt Umno Baru politicians. – Malaysiakini

MARIAM MOKHTAR is a non-conformist traditionalist from Perak, a bucket chemist and an armchair eco-warrior. In 'real-speak', this translates into that she comes from Ipoh, values change but respects culture, is a petroleum chemist and also an environmental pollution-control scientist.

On lemang, keramat and opiates

Posted: 05 Aug 2013 02:40 PM PDT

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Our leaders always speak of Malay rights and promise to defend them at all cost. These promises are really just opiates that dull the Malay senses. Other opiates include our leaders' habit of rewriting history, instilling fear of the Chinese, and making the people believe that the Malay Rulers are being threatened and that Islam itself is under assault. These are false and meaningless slogans, but they have the desired effect of redirecting the Malay consciousness away from examining just how dismal their lives have become and economically neglected they truly are.

Zaid Ibrahim

The search for lemang (glutinous rice baked in bamboo) can be trying during the fasting month. Most lemang sellers only operate their stalls at night and usually open for business a few days before Hari Raya. So my search took me to many areas in Datuk Keramat, Keramat Dalam and parts of Setiawangsa. At last, I managed to find one along Jalan Kelang Genting, manned by a sweet Malay lady in her 60s who was being helped by her grandson. I was so happy about finding the stall that I ended up buying most of her stock. She was pleased—you could tell she ended the day happy with herself.

Driving around Keramat is always enjoyable. The Malay in me is elated whenever I enter this traditional Malay area, which is also what happens when I am in Kampung Baru. The modest homes, the mosques and surau and of course the quintessential warong and food stalls selling kuih, tom yam and sup tulang make these neighbourhoods unique and bring back memories of our own kampung far away. Then reality sets in: the sight of old and crowded flats, low-grade shoplots, clogged drains and unkempt playgrounds always brings back the reality of Malay life in the city. The urban Malays have not changed much over the years. In the meantime, the Chinese keep up their pace of acquiring and developing the great city of Kula Lumpur.

Our leaders always speak of Malay rights and promise to defend them at all cost. These promises are really just opiates that dull the Malay senses. Other opiates include our leaders' habit of rewriting history, instilling fear of the Chinese, and making the people believe that the Malay Rulers are being threatened and that Islam itself is under assault. These are false and meaningless slogans, but they have the desired effect of redirecting the Malay consciousness away from examining just how dismal their lives have become and economically neglected they truly are.

READ MORE HERE

Dua ditahan di Perak kerana bermazhab Syiah

Posted: 05 Aug 2013 02:30 PM PDT

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(Bernama) - Jabatan Agama Islam Perak (JAIPK) menahan dua individu, termasuk seorang doktor wanita, di Kamunting, Taiping, Perak kerana dipercayai terbabit dengan fahaman serta ajaran Syiah.

 Pengarah JAIPK, Datuk Mohd Yusop Husin, berkata mereka yang ditahan ialah Dr Nur Azah Abdul Halim, 41, dan Mohammad Ridzuan Yusof, 51.

Dr Nur Azah ditahan di Medan Kamunting, Taiping manakala Mohammad Ridzuan ditahan di sebuah premis di Kampung Klian Pauh Baru, Jalan Kamunting Lama, Taiping dalam serbuan yang bermula jam 11.25 pagi semalam.

"Dalam serbuan itu, JAIPK merampas buku, cakera padat (CD) dan poster," katanya melalui khidmat pesanan ringkas.

Beliau berkata mereka ditahan mengikut Seksyen 16, Enakmen Jenayah Perak 1992 iaitu mengingkari fatwa mufti kerana memiliki buku dan dokumen berkaitan Syiah.

Can Muslims Think?

Posted: 05 Aug 2013 01:32 PM PDT

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Many Malaysians are starting to see some of the officials of Jakim and Jawi for what they really are: a bunch of bitter and vindictive individuals who know little of the world beyond their myopic perspectives, who were elected by no-one, but who somehow have the incredible presumption to claim to do the thinking for millions of Muslims. It's funny that they seem to go through so much trouble to find perceived insults to Islam. The next time they want to find an insult to Islam, they need only look in a mirror.

Shaun Tan 

A few months ago my Australian Muslim friend asked me about Islam in Malaysia. When I told her about it she was shocked. Shocked at the coercion used to impose a narrow brand of orthodoxy. Shocked at the extremism and intolerance in a country that proclaims itself 'a moderate Muslim nation'.

'I can't believe it,' she said sadly. 'A fundamental principle of Islam is that there is to be no compulsion in religion.'. She then told me about the Allah that she knew. The Allah whose name is peace, and love, and compassion, and understanding, and wisdom.

We've seen a very different version of Islam in recent weeks. We've seen draconian laws used against childish bak kut teh bloggers. We've seen four Muslim beauty pageant finalists charged with 'insulting Islam', apparently for the egregious sin of daring to participate in a beauty contest. We've seen them threatened and insulted and bullied into apologizing. We've seen Maznah Mohd Yusof, a kind person with a big heart, arrested for posting up a video of herself celebrating Aidilfitri with her dogs. All these waves after waves of persecution done in the name of Islam.

The rabid fanatics at the head of this farce have been the Islamic departments Jakim and Jawi. These measures are necessary, Jakim and Jawi allege, to protect Muslims in Malaysia. According to them, Muslims are so stupid that they can be misled by bak kut teh antics; their faith is so shallow that it can be threatened by a beauty pageant; Islam is so petty that it can be undermined by a woman choosing to celebrate Aidilfitri with the animals she loves.

With all their talk, Jakim and Jawi might have convinced me. Except that I happen to know quite a few Muslims and have on many occasions been impressed by their intelligence, by their kindness, and in some cases, by their extraordinary courage and their strong sense of justice. Some of them are my friends and I am honored to know them. I'm convinced that they are capable of thinking and choosing for themselves and I put my trust in their judgment knowing that, whilst we may not agree on all things, their essential goodness and humanity will endure.

Jakim and Jawi seem to think otherwise. They seem to think that the best thing is for Muslims in this country to be scared out of their wits, to be straight-jacketed into orthodoxy, to live in fear of fictitious 'enemies' behind every corner – and for proof of this you need only look at Jakim's planned Aidilfitri sermon. They seem to think that Muslims must be treated like children (or rather, like machines, for even children are supposed to think) incapable of thinking or questioning for themselves, but who should just uncritically accept the diktats Jakim and Jawi hand them. They seem to think that any Muslim who lives a little differently should be made to cower, to apologize where no apology is necessary, to feel shame where there is no cause for shame.

It is time, past time, for Malaysians to start calling injustice by its name. To say to bodies like Jakim and Jawi that stupidity is stupidity, that bigotry is bigotry, that cruelty is cruelty, no matter what religious scriptures they try to twist to defend their villainy.

Many Malaysians are starting to see some of the officials of Jakim and Jawi for what they really are: a bunch of bitter and vindictive individuals who know little of the world beyond their myopic perspectives, who were elected by no-one, but who somehow have the incredible presumption to claim to do the thinking for millions of Muslims. It's funny that they seem to go through so much trouble to find perceived insults to Islam. The next time they want to find an insult to Islam, they need only look in a mirror.

At their official Aidilfitri sermon this week, Jakim plans to cast the issue in opposition to 'secularism, pluralism, and feminism'. The real question at issue is a far more fundamental one: Can Muslims think?

I, and some other Malaysians who I respect and admire, have given our answer to this question. Jakim and Jawi have given theirs. It's up to other Malaysians to speak out about whose they think is right.


Shaun Tan obtained an MA in International Relations from Yale University, an LLB from King's College London, and was called to the Bar at the Honorable Society of Lincoln's Inn. He writes and speaks on international relations, politics, history, philosophy, sociology, and education. He enjoys reading, playing tennis, and talking about himself in the third-person.

 

A Guide to the Trans Pacific Partnership Agreement (TPPA) – Why BANTAH?

Posted: 05 Aug 2013 01:06 PM PDT

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In fact, the TPPA is neither about fair trade nor even about free trade alone, since it seeks to lock in the monopolistic position of big corporations over their industries. It is about ensuring the protection and prioritization of corporate interests above those of public welfare, safety and the socio-economic interests of less affluent economies than the obvious economic master here, which is America. 

Anas Alam Faizli


Back in 2008, the Malaysian government concluded the signing of a US-Malaysia FTA with 58 redlines or "red-stops", which discontinued the two-year negotiation. Among leading protagonists was then Agriculture Minister Tan Sri Muhyiddin Yassin, who mentioned that he would not compromise the livelihood of local farmers. He was even quoted as saying 'over my dead body' by some quarters. YB Khairy Jamaluddin even led a protest, citing that the FTA would take away Malaysia's sovereignty, while patent protection would deny access to generic medicine. Question is, what has changed in the past five years? One thing for sure, it is definitely not the content of the FTA.

Why Trans Pacific?

We can imply that TPPA is called Trans Pacific because of the geographic locations of the countries taking part in the negotiations, and between whom the agreement aims to conclude amongst. TPPA is unique in the sense that it is open-ended agreement. Any country interested to join can join in as long as they agree with concluded text and other countries agree to the entry.

Every country participating in the TPPA already has existing FTA with America except Japan, New Zealand, Malaysia and Brunei. Japan and New Zealand are developed economies with very large trade sizes with other countries in the world, and Brunei is a resource-rich nation with a less significant trade size. That leaves Malaysia, which has most at stake as a developing nation and a new entrant to an FTA with America.

What does this mean? It means that, for countries with existing FTAs with America, the TPPA will probably just result in minor additions to status quo. But for our small economy, the TPPA will entail a much bigger impact.

The first TPPA negotiation was held in March 2010 amongst 8 countries, while Malaysia joined in December 2010, followed by Mexico and Canada December 2012. Recently, Japan joined in at the Kota Kinabalu negotiation round.

The content of TPPA's texts is confidential and negotiations are held behind closed doors. What we have are five leaked chapters, namely Investment, Intellectual Property, Trade to Barrier and Regulatory Coherence. MITI reported that it has almost concluded 14 out of the 29 chapters.

Previous US FTAs have shown that they do not vary much from each, with an average variance of about less than 5%. This clear indicates standardization on the part of the Americans and reluctance in entertaining non-conforming measures (termed as "exclusions") at the negotiation table. It can thus be implied that one FTA will not be that much different from another. Other US FTAs with Singapore, South Korea and Chile serve as good guidance for us to know what to expect in the TPPA.

On Investment and Sovereignty

This is arguably the biggest chapter, which also has linkages to most of the other chapters. This chapter will restrict the policy space of governments through its 'Investor-To-State Dispute Settlement (ISDS)' and the 'State-to-state Dispute Settlement' (SSDS) clauses. TPPA in this case supposedly "strengthens" trans-national 'corporate' justice (fairness and equity) – by providing ways for multinational corporations to trample over national legal systems through international arbitration tribunals comprising of three judges; two international and one local.

What do fairness and equity here mean? Mainly, MNCs can expect no local condition or regulation changes affecting them once there reside in a partner country. For example, if Malaysia suddenly happens to find out that a certain ingredient in tobacco is harmful, and decide to ban it thereby affecting the profitability of a Tobacco MNC, the MNC has the right to sue the government for potential profit loss for the remaining period of their permit in the country, with interest. Such was the case with Phillip Moris, when it sued the Australian government over a new law onto cigarette packaging. The same could happen if Malaysia decides to be more stringent with LYNAS, for example, in the future.

To consider the extreme, we can even go to the extent of saying that legislators and the Parliament will be essentially rendered redundant; their hands will be tied to enacting only new laws that will not affect MNCs' profitability and business viability! We recall Mexico being sued for USD 16 billion for disallowing removal of toxic waste harmful to its environment by an American corporation.

It is also widely known that developed nations like America and Japan are attempting the ISDS via the TPPA. ISDS is under a provision under the Investment Chapter which essentially will allow any corporations to take the Malaysian government to court for claims for damages or loss. It was not ratified previously under existing World Trade Organization (WTO) agreements. We can only imply with no substantial certainty that these clauses were not ratified by WTO for its potential negative impacts on some signatory countries, but there is still reason to be cautious.

On Government Procurement and Petronas Vendor Development Program

With this chapter, all government procurement including that of the GLCs and Petronas cannot have special conditions to help local contractors in any way deemed unfair to other corporations. There is a floor threshold for this ruling; deriving from previous US FTAs, we expect it to be around RM 23 million and above which probably leaves room for only the small peripheral contracts for local companies. Meanwhile, the government procurement bill is sized at RM130 billion, or 25% of the Malaysian GDP.

Empirical evidence has shown that 94% of the American government procurement goes to American companies (Khor, 2008) and only 6% goes to over 170 companies worldwide. Such limited potential gains from what is supposed to be opening our doors to America! It is in fact our floodgate that is being opened for America. What will happen to our local contractors? And what of all those local oil and gas contractors – Can even our giants like Sapura Kencana and MMHE at their nascent stages survive the competitive onslaught from developed nations? Not to mention the smaller players? Even the Petronas Vendor Development Program and licenses will witness its death.

On SMEs and Agriculture

Among other things, The TPPA aims at trade liberalization and tariff reduction, which may cause drastic loss of jobs in many sectors. A direct impact is downward pressure on workers' wages, expanding even further the currently large income disparity gap. Mexico serves as a good reminder; following the signing of the North American Free Trade Agreement (NAFTA) with Canada and the US, three million out of ten million Mexicans lost their jobs.

Tariff reductions will adversely impact particularly agricultural products. Promoting efficiency and healthy competition, however noble, becomes unfair when more than 90% of Malaysian companies in the agriculture sector are SMEs. They will face unfair competition from giant agricultural exporters from TPPA countries such as the US, Canada, and Japan, whose governments in the TPPA will not reduce huge subsidies to their farmers. A study by UNCTAD showed that subsidies reduce the price of American rice crop by 45% below cost of production, soybean by 32% and cotton by 52%. A rough calculation indicates that their rice can flood the Malaysian market at as low as RM1.40/ kg– what will happen to BERNAS, and more importantly, local planters then?

On Intellectual Property – Medicine Patent and Copyright

The Big Pharmas will get medicine patents and obtain longer patents easily. This would also render generic medicines more difficult to, or delayed access, such as medicines for cancer, HIV and other chronic illnesses. This will definitely affect our populace. For example, Herceptin which is used for cancer, currently costs RM8,000 per cycle and is used for 17 cycles. Treating a lung cancer patient costs an average of MYR 44,725 ($14,455) per year, per patient. The chance of access to these medicines for those unable to afford these exorbitant prices becomes slimmer if generic medicines are prohibited due to an extra 20 years to patents where patent law is loosened.

Just as the TPPA's intellectual property (IP) protection measures would make medical treatment more expensive for ordinary Malaysians, TPPA countries' educational and research activities could also be harmed – and made more expensive – due to the more stringent copyright laws proposed. These include the 'digital commons' such as the Internet-based resources. Current copyright law is proposed to be extended from 50 years to 120. That's also 70 more years of limited accessibility to students and academia due to prohibitive prices of book and references.

On Tobacco control and Public Health

Tobacco is not our average ordinary product – it kills at least 50% of its consumers prematurely. Malaysia, along with all other TPP countries except the USA, is party to the WHO Framework Convention on Tobacco Control (FCTC) which requires countries to regulate tobacco, reduce its use and withhold grant incentives to the tobacco industry. The FCTC is a binding international treaty and Malaysia has been a Party; this entails the aligning of national policies with the goal of reduction in tobacco use and regulating the tobacco industry. Many provisions in various TPPA Chapters contradict those in the FCTC. This alone is cause for concern considering the potential conflicts between the two in the future, and more importantly the general harm to public health of a more heavily tobacco-consuming society.

On Capital Control Capability

Another major consequence of the TPPA is restriction on our capability to enforce capital control. According to Reinhart & Roghoff (2009), periods of high international capital mobility have repeatedly produced international banking crises, not only as witnessed here at home and in the region in 1997, but also historically. When financial systems are adequately regulated, the scope for damaging financial cycles can be contained, or at least leave the economy less prone to such large cyclical swings as seen in today's more liberalized environments. The idea is not to destruct efforts for a liberalized and efficient financial sector, nor to hinder Malaysia's competitiveness in attracting foreign investments, but rather to cushion impacts of economic shocks to the most vulnerable Malaysian businesses and entrepreneurs. It is not archaic to take some heed from temporary capital controls measures we undertook during the Asian Financial Crisis. Even the IMF admits to the role that capital control played in expediting our recovery compared to that of Indonesia & Thailand.

The Trade and FDI Myth

Back to trade itself, it has always been expected that the main benefits of signing an FTA with the US will be reflected through higher gains in trade benefits. How is it then that even in the case of a relatively stronger economy such Singapore, trade deficit had only widened from USD1.4 billion in 2003 when they signed the agreement, to USD4.3 billion in 2004 and USD6.9 billion in 2006 to USD10.5 billion in 2012?! Furthermore, no evidence of increased long term quality investments and FDI were found in bilateral trade agreements, according to a report by the United Nations on FTA impacts. While trade diversion is a valid concern, the loss of incomes and benefits from trade diversion as a result of opting out of TPPA, must be determinedly greater than the various losses and costs that the TPPA entails to the larger economy.

Protests around the World against US FTA

It is not uncommon for nations worldwide to protest against FTAs with America. In Guatemala, two died protesting, and the people of Guatemala brought the government to court claiming that the FTA would go against at least 130 Acts in the Guatemalan constitution. In Ecuador, Emergency had to be declared due to massive demonstrations. Chief negotiators in Thailand and Colombia also resigned from their positions in protest. In South Korea, a protestor burnt himself to death to show protest against an FTA that it had with the US, which only passed by Parliament after the ruling Government effectively locked up the opposition.

Countries like Argentina, Bolivia, Brazil, Paraguay, Uruguay, Venezuela, South Africa, Botswana, Lesotho, Namibia and Swaziland had also previously engaged in negotiations with America for an FTA, but they were never signed.

In Malaysia, the Third World Network (TWN) and the Consumers Association of Penang (CAP) have been at the forefront of engaging with US-Malaysia FTA issues since 2008, and has continued to do so with the TPPA. Notable efforts have surfaced again lately in light of the TPPA negotiations and the leaked chapters. On 6th of June 2013, YB Nurul Izzah issued a press statement questioning the secrecy of the TPPA negotiation and asked pertinent questions; whether Malaysia plans to trade its sovereignty for free trade. She continued to put pressure from Pakatan Rakyat which led to the setting up of a parliamentary caucus and more engagement from MITI.

Simultaneously, momentum continues to build up with NGOs such as BLINDSPOT, MTEM, MAC, MTUC, GBM, IKRAM continuously engaging in forums and public awareness efforts. These efforts have no other aim than to make the public aware for the need for them to demand their engagement with the government in the negotiations. Other high profile figures like Tun Mahathir and Liow Tiong Lai also openly expressed opposition to the TPPA further fuelling efforts for public to engage in the issue.

Badan Bertindak Bantah TPPA (The Coalition Act against TPPA)

Badan Bertindak Bantah TPPA is a coalition of 52 Non-Governmental Organisations and 7 Coalition Councils formed with the aim of raising the people's awareness with regards to TPPA in a sincere effort to ensure Malaysia gets the best out of TPPA. Our view is that the TPPA is straddled between the hopes of a relatively small circle of multinational corporations, whose commercial interests stand to benefit the most from the proposals, and the fears of civil society organizations representing the people of all 12 TPPA countries. In fact, the TPPA is neither about fair trade nor even about free trade alone, since it seeks to lock in the monopolistic position of big corporations over their industries. It is about ensuring the protection and prioritization of corporate interests above those of public welfare, safety and the socio-economic interests of less affluent economies than the obvious economic master here, which is America.

We note that America is assisted by a force of 1,000 that form a special advisory committee, mostly represented by industry experts. We demand the same here for Malaysia. A coveted UNDP study is hardly sufficient to ensure the public that our livelihoods and that of our future generations are not under threat here. Given the track record, Malaysia is not exactly a master at negotiations, having lost Block L and M, a skewed water agreement with Singapore, Batu Puteh island and many other international disputes. Negotiators from MITI alone cannot decide the fate of future generations of Malaysia.

Ultimately, the Badan Bertindak Bantah TPPA demands for the Government of Malaysia to suspend or pull out its involvement in the TPPA negotiations unless and until, an impartial and comprehensive cost-and-benefit-analysis and a comparative advantage study are carried out, disclosed and publicly debated by all stakeholders in Malaysia, that the texts are examined, scrutinized and assessed by parliament to rectify the TPPA as negotiated is indeed in Malaysia's favour and interests, that the concerns are seen to have been incorporated into Malaysia's positions and proposals for the TPPA; and that a popular referendum is held to determine to what extent Malaysians are in support of their government signing and ratifying the TPPA.

We demand for the government to adopt a transparent stance in this and for the voices of the various stakeholders amongst the people of Malaysia are considered in this negotiation round. Or else, pull out from TPPA negotiations in an absolute manner. A textbook outline of the benefits of free trade will not suffice; the TPPA may be a free trade agreement in form, but it is an imperialistic regulatory agreement in substance.

Attention and empathy is needed from civil society itself. Academics, industry experts, practitioners and even lay people who are concerned about the future of Malaysia must search, aim to understand research, speak out and write to contribute to current efforts to demanding the best out of our negotiations. Else, we really should be bidding our farewell to America and run for the door.

*Anas Alam Faizli is an oil and gas professional. He is pursuing a post-graduate doctorate, co-Founder of BLINDSPOT and BADAN BERTINDAK BANTAH TPPA and tweets at @aafaizli

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