Khamis, 26 September 2013

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Scuffle in Parliament lobby over Lynas issue

Posted: 25 Sep 2013 09:52 PM PDT

http://www.thesundaily.my/sites/default/files/thesun/Catalogue/parliament-m_c840698_13926_762.jpg 


Karen Arukesamy, The Sun Daily
 

KUALA LUMPUR - Science, Technology and Innovation Deputy Minister Datuk Abu Bakar Mohamad Diah lost his cool and got into a scuffle with an anti-lynas group at Parliament when trying to defend the Lynas rare earth plant.

After receiving the memorandum from Fuziah Salleh (PKR-Kuantan) and several representatives of the Gebeng residents at the old Parliament lobby today, Abu Bakar kept guaranteeing that the plant was "safe".

"The Lynas factory is as safe as a "kicap" factory.

"I can take you all for a site visit to the factory to see the facilities. Expenses will be fully borne by the ministry," he said.

He added that they have to be accompanied by experts of international standards and a media team for the field trip.

He became defensive when Save Malaysia, Stop Lynas chairman Tan Bun Teet, who is also a resident in the area raised questions on the permanent disposal facility (pdf) and environmental issues that have not been addressed.

"Why are you defending Lynas? Just answer our questions," Tan said.

"I have to protect it because the Atomic Energy Licensing Board issued a temporary operating license (TOL) to Lynas.

"And the board comes under my ministry. So I have to protect it!" Abu Bakar said, raising his voice as he shoved the representatives.

Abu Bakar in his tireless attempt to guarantee that the plant is safe, continued to raise his voice while the clearly dissatisfied representatives and residents continued questioning him.

The dispute led to both parties shoving each other.

Abu Bakar was also seen getting into a direct argument with the anti-lynas group lawyer Rahiza Zulkifli, pointing his finger at her and warning her not to raise her voice at him.

"Don't point your finger at me. This is so rude!" Rahiza told Abu Bakar.

"You don't raise your voice!" he countered.

Pressured by the questions shot at him on the safety aspects of the plant, Abu Bakar who was fumbling with his pocket notebook, snapped at the group stating that he is a new deputy minister.

"I just took office three months ago. I do not have the details and expert answers to all your questions.

"I have to ask my officers here," he said pointing to ministry Director General Raja Datuk Abdul Aziz Raja Adnan.

When asked why he didn't allow Abdul Aziz to reply to the questions, Abu Bakar again became defensive saying: "If I let him reply then you will say the minister is scared to reply.

"I need to read up on the chronology of the events on Lynas and understand the issue," he said.

At this point the group questioned how Abu Bakar, who had no knowledge of the plant, can guarantee that it is safe after one visit and mockingly told him to " do his homework" first.

"How can you call this project safe after visiting it only once? We have been living with it for more than two years now," said Tan.

Fuziah, who was calm throughout the shouting match, said that the ministry had failed to address the concerns of Kuantan folk, besides making claims without getting public feedback.

She said that the government and the people of Kuantan are not on the same wavelength on the safety aspects of the plant since the government has not responded to the environmental hazards.

As the deputy minister's security officers escorted Abu Bakar away from the scuffle, Fauzi Abdul Rahman (PKR-Indera Mahkota) shouted "to hell with Lynas!" and challenged Abu Bakar to shift the plant to his area if it was so safe.

Chin Peng is an enemy of the state, says Sultan Sharafuddin

Posted: 25 Sep 2013 08:32 PM PDT

(The Star) - Deceased Communist Party of Malaya (CPM) leader Chin Peng is an enemy of the state, said Sultan of Selangor Sultan Sharafuddin Idris Shah.

The Ruler reminded that Chin Peng wanted to turn the country into a communist state.

"Lives of members of the armed forces and policemen were lost, and civilians were killed and suffered as a result of Chin Peng and the communist terrorists' actions," he said when visiting the KD Sri Semporna navy base here yesterday (Thursday).

Sultan Sharafuddin, who is also the Royal Malaysian Navy captain-in-chief, expressed hope that Malaysians would learn and understand the nation's history and not forget its darkest moments during the Emergency.

"Do not trade national pride and honour just for support and popularity," he said.

Sultan Sharafuddin congratulated the Royal Malaysian Navy for successfully overcoming challenges during Ops Daulat, and called on all security agencies, including the police, armed forces and Malaysian Maritime Enforcement Agency, to cooperate and remain in constant communication with each other to protect the country.

"I want to remind those who tried to be an enemy and sell out the county to foreign parties to be cautious and to repent so that they do not commit this evil act again," he said.

Sultan Sharafuddin is on a four-day visit to Sabah, and had visited KD Sri Tawau naval base on Wednesday and will proceed to Lahad Datu and Sandakan after Semporna.

He will be visiting the Danum Valley Conservation Centre, Pulau Bum Bum and Kampung Tanduo, Lahad Datu, as well as the naval staff quarters in Taman Samudera, Sandakan.

 

Respect court’s decision tomorrow, says Guan Eng

Posted: 25 Sep 2013 08:20 PM PDT

Rita Jong, TMI

DAP secretary-general Lim Guan Eng (pic) urged his party members to remain calm and accept the High Court's decision tomorrow in determining whether fresh party election can be held this Sunday.

The High Court is expected to deliver its decision on an injunction by a former disgruntled DAP member who wants to halt the election, claiming that it was being held against the party's constitution.

"Should the injunction be allowed, then we will not be able to conduct the election. We will abide by the court's decision," said Lim in a statement today.

Former Ladang Paroi DAP branch vice-chairman A. David Dass filed a suit on September 10, claiming the election was against the party's constitution.

He also applied for an injunction to stop DAP from holding the election which is scheduled for this Sunday. Lim subsequently filed an application to strike out the suit.

Lim, who is also Bagan MP, took a swipe at the Registrar of Societies accusing them of resorting to lies to help Umno victimise the party for its "huge win" in the last general election.

He pointed out that despite the party abiding by the RoS' directive to hold fresh election of the central executive committee, the registrar is still insisting that DAP failed to follow its directive properly.

RoS director-general Datuk Abdul Rahman Othman insisted that the party did not comply with his directive to hold the election via a National Congress.

"Abdul Rahman should have read the party constitution carefully.

"There is a specific clause that allows party election of the CEC to be held through a Special Congress and not only via a National Congress.

"By denying that there is such a specific clause, the RoS is resorting to lies to help Umno victimise DAP," said Lim.

READ MORE HERE

 

A unhealthy trend has made its way into PAS, laments party leader

Posted: 25 Sep 2013 08:15 PM PDT

(TMI) - A PAS leader has expressed his concern at the "worst-ever" campaigning by party members ahead of its party election in November.

"In the 35 years I have been in PAS, this is the worst campaigning I've ever seen," said PAS deputy president Mohamad Sabu (pic).

He pointed out to "name-calling" and unfair "labelling" of party leaders as one of the new phenomenons plaguing the party now.

Mohamad, or Mat Sabu as he is popularly known, is also shocked and appalled at the shifting of minds among PAS members.

He was commenting on the campaign tactics by several PAS leaders and members in preparation for its 59th party election to be held in Shah Alam in November.

PAS members have launched all kinds of campaigns including attacking and labelling those they were not in favour of, in Facebook, through SMSes and on blogs.

"I am shocked at the change in the members' attitude towards the party elections and the leadership," Mat Sabu told The Malaysian Insider.

He pointed out that the party had its own election procedure although it was not written in the party's constitution.

It is a common understanding that open campaigning is not well-received and not permitted but has now become the latest trend among PAS members.

"Even I, as a PAS veteran, am sometimes bewildered looking at the latest developments in the party," Mat Sabu said.

He is hoping that the "developments" are not outside elements making their way into the party or an attempt by outsiders to take advantage of the party's openness, noting that the problem became obvious before the 13th general election.

At that time, he said, there were members who were already talking about the credibility of certain leaders. Party leaders were also labelled.

This "disease" was seen in Umno in the 1980s when several of the leaders were labelled as commmunists by party members, Mat Sabu observed.

"Abdullah Ahmad, Abdullah Majid dan Samad Ismail were called communists. Even Tun Dr Mahathir was almost arrested by the then Home Minister Tan Sri Ghazali Shafie," he added.

Now, Mat Sabu added, the problem has invaded PAS.

READ MORE HERE

 

Put Lim in his place, Karpal urged

Posted: 25 Sep 2013 08:06 PM PDT

Former DAP national vice-chairman urged Karpal not to keep silent and turn his back on Lim's wayward ways in running the party.

Athi Shankar, FMT

It is time for Karpal Singh to break his silence and exert his power as DAP national chairman to compel secretary-general Lim Guan Eng to conduct the party re-election in accordance with the party constitution.

With Lim's wayward ways in running the party, former DAP national vice-chairman Tunku Abdul Aziz Ibrahim said Karpal as a leader must not remain silent and look the other side.

Although some may not agree with Karpal on several issues, he said the DAP leader was nonetheless a respected statesman because of his political integrity and moral values.

Hence, he said Karpal cannot shirk from the responsibility of preventing the demise of the party and to protect members' against the selfish interests of a "dictator."

He said it was time Karpal told Lim to hold the re-election in accordance with the party constitution, the Societies Act and wishes of members.

Abdul Aziz also claimed that Lim and his cronies were now trying to conduct a re-election without adhering to the party constitution to suit their whims and fancies as well as to protect their selfish interests.

He added that Lim's actions of late and the manner in which he had conducted the party affairs had added credence to his ever growing reputation as a cocky arrogant "tokong" or "deity."

"It's time for Karpal, as a senior lawyer, to teach the little accountant (Lim) one or two lessons in law. Karpal cannot go on being silent on the current happenings in the party," Abdul Aziz said, adding that "Karpal owes a duty to protect interests of party and members."

He alleged that Lim and his cronies were running the party like personal fiefdom while they arrogantly sidelined the chairman.

On Aug 17, Karpal said the re-election shall be held in November as the party constitution required a 10–week period from the date it decided to hold it, which was Aug 14.

However, on Aug 22, Lim announced in a special congress that the party would hold the re-election on Sept 29.

Abdul Aziz described the decision as a "fatal blow to Karpal's public standing as senior a parliamentarian and lawyer."

READ MORE HERE

 

Saving Malaysian education: 3 unacceptable ideas

Posted: 25 Sep 2013 07:05 PM PDT

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Malaysia needs teachers who can passionately tell the story of Chin Peng without making it sound like he was the devil incarnate and Umno was God's pet angel. These teachers would then easily encourage students to care more about their country's underprivileged children than about their canteen's undercooked chicken.

Alwyn Lau, TMI

Why "unacceptable"? Because the acceptable - tied as it is to the "accepted' - is boring. Just like education as a whole and Malaysian education especially. The following ideas will never happen. We simply won't allow it and they're quite impossible. Or are they?

Teach teachers drama

Malaysia needs Al Pacino. Or, given the hole in our national treasury, perhaps we should fly in Shahrukh Khan instead. Whoever it is, we need drama in our schools.

Our classrooms are starving for enthusiasm, and I'm not only referring to that category of the undead called "students". Our educators also look less happy and passionate (and far less motivated) than the Jerusalem wall-climbers in World War Z.

Every Malaysian who wishes to teach, hence, should be a qualified "dramatist" as well. "Sandiwara" must be saved from our politics to save our education.

We need to train our teachers to talk, move, gesticulate and emote like their brains actually had chemicals in them. This is to say that teachers must learn how to smile, cry or fume when facilitating their subject - especially if they don't feel like smiling, crying or fuming.

Right now in the average Malaysian classroom, the lecturer usually looks as if he's bored, constipated or worried sick about that MQA form he has to fill up - and this just won't do.

Instead we need lecturers who behave like the lead dancer in Swan Lake and teach or perform like the universe is watching. These are people whose students will leave a session on "Global Warming" with their hearts on fire and ready to throw (clean) paint bombs at polluting factories.

We need teachers like that dude who stood inside a waterfall with pebbles in his mouth, practicing how to speak well. These folks could put the fear of bad speech into students the way Jonathan Edwards putting the fear of God and hell in the hearts of his church members.

We want Maths lecturers who can transport their listeners back to ancient Greece and re-live the wonders of discovering the numerical system.  

Believe it or not, such imaginative transferences require a lot more than academic knowledge and a textbook. It takes heart.

Malaysia needs teachers who can passionately tell the story of Chin Peng without making it sound like he was the devil incarnate and Umno was God's pet angel. These teachers would then easily encourage students to care more about their country's underprivileged children than about their canteen's undercooked chicken.

Maybe "drama" isn't the best word here. We could also use "art", "performance", "courage", "life" - you get the picture. But I don't think the MOE (Ministry of Education) does?

Flip teachers' salaries

Here's a sad fact. The teachers responsible for moulding the minds of excited little children are paid much lower than the big-shots with Pizza Hut Delivery titles who "educate" our bored young adults by droning on and on in over-sized lecture halls.

The logic is amazing: "You are paid so low because the fees for educating children are much lower". This is the same logic governing why helping drug addicts to get back on their feet will earn you much less than if you seek to persuade already-rich folks they should make even more.

READ MORE HERE

 

‘Recognise Sabah, Sarawak as equals’

Posted: 25 Sep 2013 03:54 PM PDT

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A potential political war may come to boil if federal government keeps ignoring calls to recognise the Borneo states as equal on all platforms

(FMT) - Tension in Sabah and Sarawak will come to a head as long as Malaysians continue to equate the two as just another state of Malaysia, warned veteran Umno leader Tengku Razaleigh Hamzah.

Tengku Razaleigh, popularly known as Ku Li, said it was time Sabah and Sarawak recognized and treated as equal partners in Malaysia.

"There is resentment and dissatisfaction with Sabah and Sarawak being treated as and equated to just another state of Malaysia… It had been simmering since the 1980s but it never resurfaces, not as a formal articulation anyway.

"It is, nevertheless, a political war that has the potential to come to a boil," said Tengku Razaleigh in his speech to the Malaysian Branch of the Royal Asiatic Society yesterday.

The Gua Musang MP pointed out that the Cobbold Commission had stressed that Malaysia's formation should be regarded as an association of partners involving Sabah, Sarawak, Malaya and Singapore.

"If any idea were to take root that Malaysia would involve a 'take-over' of the Borneo territories by the Federation of Malaya and the submersion of the individualities of North Borneo and Sarawak, Malaysia would not be generally acceptable and successful," said Tengku Razaleigh, quoting the commission's report.

He said the current misconceptions over Sabah and Sarawak's standing in Malaysia could be corrected by including it in the school curriculum.

"It should be pointed out, for instance, that Aug 31 is of no particular significance to Sabah and Sarawak, its grand celebration notwithstanding. It is but the date of Malaya's independence and it should be celebrated for just that.

"On the other hand, Sept 16 – the Malaysia Day – has a greater significance and is certainly a more important date in the annals of Malaysia. It must, therefore, be allowed to take its place as a major celebration in our national calendar of events."

20/18 point agreements not honoured

Tengku Razaleigh also urged that Sabah's 20 point and Sarawak's 18 point agreements – safeguards written up as preconditions to the formation of Malaysia – be reviewed, as the federal government had failed to fulfill them.

"[A Sabah academic] pointed out that Sabahans and Sarawakians agreed to be part of Malaysia on the understanding that the interests of the states were safeguarded…in the 20/18-point agreements, the London Agreements and the Inter-Governmental Reports."

"He pointed out further that the safeguards were not honoured and taken away at the whim and fancy of the Federal Government…."

READ MORE HERE

 

Utusan apologises to DAP over article on Tanda Putera

Posted: 25 Sep 2013 03:28 PM PDT

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(TMI) - "You have gone for gutter journalism as far as responsible journalism is concerned. The lies heaped on Guan Eng and Kit Siang are unimagineable by a national paper.

DAP has accepted Utusan Malaysia's apology to its leaders Lim Kit Siang (pic) and Lim Guan Eng over an article on the controversial Tanda Putera film.

Chairman Karpal Singh said this is the last time the party will accept an apology from the Umno-owned newspaper.

"We accepted their apology but Utusan cannot go on lying. We will give them this opportunity to turn over a new leaf," he said at a press conference at Parliament lobby today.

The Malay-language daily carried a report titled "Cuba sembunyi kebiadaban DAP" (Try to hide DAP's rudeness) where it was alleged that that Guan Eng, the Penang Chief Minister, had attempted to block the screening of the movie in the state's cinemas to allegedly hide the rude action of a DAP leader.

The DAP leader was identified in the report as Kit Siang, who it said had allegedly urinated in front of the then Selangor menteri besar's residence during the riots in May 13, 1969.

Kit Siang had repeatedly stated he was not in Kuala Lumpur during the riots.

Karpal said the newspaper now has to display its apology in the same size and prominence as the offending article.

He took Utusan to task, saying that the paper must practise responsible journalism.

READ MORE HERE

 

Jalur Gemilang flutters upside down in Miri

Posted: 25 Sep 2013 02:12 PM PDT

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Displaying the Jalur Gemilang the wrong way is tantamount to disrespecting the symbol of Malaysia's sovereignty.

(Borneo Post Online) - A resident here suffered a rude shock when he passed by Jalan Medical yesterday and saw a government office flying the Jalur Gemilang upside down!

He immediately took photographs of it and alerted The Borneo Post office as he was saddened by what he saw.

"I was surprised to see the Malaysia flag flying upside down. It goes to show that some people are still not aware of the significance and sentiment of flying the Jalur Gemilang," said the resident, who requested anonymity.

Rukun Tetangga Piasau Jaya II chairman Penghulu Samion Gani, when asked for his comment, said it was "sad" to see the Jalur Gemilang fluttering the wrong way.

He said those put in charge of raising the flag ought to be alert.

"It is sad to see that some people are not concerned about the national flag, which is our country's pride," lamented Samion.

He added that this is tantamount to disrespecting the symbol of the sovereignty of Malaysia.

"The authority concerned must issue a directive to all government departments and agencies to never fly state and national flags incorrectly."

 

Former Kedah MB Azizan dies

Posted: 25 Sep 2013 02:10 PM PDT

http://www.thesundaily.my/sites/default/files/imagecache/article/thesun/Catalogue/Azizan_c8402_c840274_13926_482_v01.jpg

(The Sun Daily) - Former Kedah Menteri Besar Tan Sri Azizan Abdul Razak (pix), 69, passed away at the Sultanah Bahiyah Hospital here at 11.15am today.

Bernama reported yesterday that Azizan was in critical condition at the hospital after suffering from heart complications.

Azizan was admitted to the Penang Hospital last May after he suffered from diabetes and had to undergo surgery to amputate both his legs below the knee. He was transferred to the Sultanah Bahiyah Hospital last month.

Azizan who is also the State Assemblyman for Sungai Limau and Kedah PAS commissioner, had to relinquish his post as menteri besar following the defeat of the opposition pact to the Barisan Nasional (BN) in the 13th general election on May 5.

 

Delegates bewildered when Umno official says president prefers status quo

Posted: 25 Sep 2013 10:43 AM PDT

http://www.themalaymailonline.com/uploads/articlesnajibrazak24062013_600_423_100.jpg 

(MMO) - Temperatures rose last night when delegates representing the Federal Territory for the Umno election, who gathered at a hotel to show support for one of the incumbent vice-presidents, were told by a party official to retain the three incumbents for the post.

The party official — who was invited to speak on stage — had suddenly opened up claiming party president Datuk Seri Najib Razak (picture) preferred the return of Datuk Seri Dr Ahmad Zahid Hamidi, Datuk Seri Hishammuddin Hussein and Datuk Seri Shafie Apdal as vice-presidents, said a delegate.

On hearing that, delegates who were initially in a jovial mood, got agitated and became bewildered as they never expected the party official would say such a thing at a time when campaigning is getting hot and sensitive.

The event ended on a sour note as delegates began questioning their rights and the purported wish of the party president.

A delegate who attended the event said he was taken aback by the official's statement.

"I do not think this is the right thing to do because as a party official, he should be impartial, not taking sides given the sensitivity of the matter.

"In the first place, how true is it that the party president had told him to convey such message to the delegates?

"If the party president wants the three incumbents returned, then he should speak to the delegates himself rather than getting the official to say it.

"And if this is so, what is the point of democracy and transformation and widening the voters' base?" said the delegate, who wanted to remain anonymous.

A division head who attended the event said the party official should not have spoken out about the president's wish because it was supposed to be private and confidential.

"I understand the official's problem as he has to relay the message, if it is true that is what the president wants.

"But he should have done it discreetly so as not to antagonise the delegates who have their own choices under the democratic system."

However, the incident has now spread to delegates in other states who are now asking whether this will affect the president's image of impartiality. 

Kredit: www.malaysia-today.net

Malaysia Today - Your Source of Independent News

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A question of security or insecurity

Posted: 25 Sep 2013 03:32 PM PDT

http://www.thestar.com.my/~/media/Images/TSOL/Website/Columnists/col_MarinaMahathir.ashx?h=140&w=140

While it is true that security is a constant issue, I wonder if the real reason behind it is that feeling of uncertainty or a lack of confidence and anxiety about ourselves.

Musings by Marina Mahathir, The Star

SINCE we are all worried about security these days, I decided to look up the meaning of "insecurity".

Besides the feeling of being constantly in danger or under threat, insecurity also means "a feeling of uncertainty, or a lack of confidence and anxiety about yourself".

While we worry daily about the many crimes being committed in our neighbourhoods with no real solution in sight, sometimes I wonder if we have a security crisis or an insecurity crisis.

While it is true that security is a constant issue, I wonder if the real reason behind it is that feeling of uncertainty or a lack of confidence and anxiety about ourselves.

These feelings of security and insecurity are of course related.

On the one hand, the very people who should make us feel secure are in fact making us insecure.

How certain do we feel about our future when we see hesitant and sometimes absent leadership at times when we most need it?

How can we not feel anxious when the leadership is silent on the things that matter to the citizenry?

As a citizen, I want a decent life for my family, my fellow citizens and myself. This, anyone would think, is quite basic and common to everyone.

I want to be able to have a roof over my head, education for my kids, the opportunity to earn a decent living and affordable healthcare when I need it.

When a human being is unable to have these basics, then they start to feel that most normal of human instincts, insecurity.

If enough people feel that way, then that's a recipe for instability and mass insecurity.

It is not possible for any country to be stable if many of its people feel hungry or deprived of the most essential ingredients to lead a normal life.

Countries rise and fall based on these simple facts. Once inequalities start to spread, then it is only normal that insecurity, in the sense of danger, follows.

I was talking to a friend who has been working abroad a lot about a situation that he found very stark since he's been back.

There are people who seem to be caught in a quagmire of debt that they simply cannot get out of.

The vicious cycle of inability to access what a person needs which leads to overuse of credit, which leads to an inability to pay, which then leads to getting loans at high interest rates from unscrupulous persons, seems never ending.

It leads to insecurity not just for the original borrower but also for all those within his or her family circle.

Recently, two leading religious figures have spoken about this terrible crisis that many face, of easy credit and crushing debt.

The former Archbishop of Canterbury, Dr Rowan Williams, warned that the ease at which money, in its virtual form, not in exchange for actual goods and services, is available has led to much misery among people.

Most recently, Pope Francis talked about the same thing, how the pursuit of money for its own sake has brought with it "a culture where the weakest in society suffer the most" and often, those on the fringes "fall away", including the elderly, who he said were victims of a "hidden euthanasia" caused by "neglect of those no longer considered productive".

I have yet to hear the Muslim equivalent of this, of concern for a global system that is increasing insecurity of people everywhere.

Instead, I hear a different insecurity, of one where there are constant so-called moral attacks, usually by imagined assailants. Where limited interpretations of religion are to be enforced because otherwise the religion will disappear, despite evidence to the contrary.

In some ways, these self-appointed guardians of religion have reason to worry.

Every action of theirs is self-defeating. For every cruelty they inflict on those who are weak, they lose more adherents.

For every injustice they perpetuate, there are people who leave disgusted. For every justification they give to inequality, people baulk and root for equality.

When we look at the most unstable countries in the world, inevitably they are also the ones with masses of poor people.

Economic injustice breeds problems not just within countries, but externally as well.

It leads to mass migration of people to look for work, and sometimes it brings violence.

It thus makes sense to prioritise dealing with such injustice.

Instead, we see our leaders behaving like people anxious about protecting their own comforts rather than anyone else's.

This they do by distracting us from real issues, by telling us that some small groups of people, even dead ones, are a threat, by refusing to let some people speak or even be seen in our media.

So I have to ask: Who's the insecure one?

The views expressed are entirely the writer's own.

Banned Books Week: in Asia, freedom of speech is not as simple as it seems

Posted: 25 Sep 2013 10:58 AM PDT

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In Malaysia, the state censorship of my youth has been replaced with a more elusive and deadening internet conservatism

Tash Aw, The Guardian

Some years ago, not long after my first novel was published, I was in one of the largest bookstores in Malaysia, admiring piles of my novel handsomely arranged on a table close to the store entrance. I marvelled at the shiny terrazzo floors and range of titles on display, pleasantly surprised at how things had changed in 20 years – the bookstores of my teenage years had been sorry affairs, meagrely stocked with yellowing copies of Penguin Classics wrapped in cellophane. Among the inevitable stacks of candy coloured chick-lit novels and John Grisham thrillers, one title caught my eye: the recently released paperback of Alan Hollinghurst's Booker-winning The Line of Beauty. In a country where homosexuality remains illegal, the open sale of the book was surprising. Flicking through the book for signs of indelible ink blacking out offensive passages, I was pleasantly surprised to find that nothing had been censored. Perhaps the authorities hadn't realised what "rimming" meant, I thought; but how could I explain the presence of the F-word, gleefully sprinkled through the novel, or indeed the scenes of drug-taking? Had the relevant authorities actually read the book? Or could it simply be that times had changed, and that freedom of speech – for so long the scourge of the young nation states of Asia – was flourishing unhindered?

I grew up in a country where censorship was a way of life, so much part of the individual and national psyche that every creative act seemed to be defined by its relationship to authority. Like most young boys, my awareness of the censorship of printed works began in a faintly laughable way – we got used to seeing words describing body parts deleted by permanent marker (applied by hand, it seemed), and black strips across women's breasts, even when they seemed to be wearing bikinis. But beyond this schoolboy sniggering there was always the spectre of banned books in the background: memoirs of communist figures, political or religious novels, sexually explicit works – anything deemed to threaten the security of a young, unformed nation state, whether in a political or moral sense. Within this restrictive framework, writers were able, of course, to find ways of expressing themselves, but they did so with a constant awareness of the boundaries within which they were operating, and of the consequences of misjudging the constantly changing limits of what was acceptable. The same sentiment expressed in different political climates would meet differing outcomes: the writer's life was a barometer for political, racial and cultural sensitivities.

But two decades of economic growth ushered in the new millennium, and money brought with it a sense of freedom. People could choose how to educate themselves, how to dress, where to live; they were free to travel abroad, where they would be exposed to new ideas; they had a stronger sense of who they were in relation to the hitherto all-protecting, all encompassing machinery of the state. And, above all, the swelling wealth of the last decade brought with it the internet, that great instrument of free speech.

The easy access to anti-establishment newspapers, blogs and self-publishing online would seem to render state censorship completely futile – even the infamous great firewall of China has trouble keeping up with the anti-government software and proxy servers that virtually every savvy urban dweller possesses. But those vague delineations of censorship seem to have worked their way seamlessly into the equally hard-to-define and forever-shifting ways of the internet, making the game of eluding censure even more complex than it was before.

Amir Muhammad, the influential Malaysian filmmaker and publisher, claims never to have had a book banned, in spite of at least two of his films being denied even a limited release. But he points to a deeper problem: the ingestion of decades of dogma and a climate of low-level fear leading to self-censorship, that precludes the need for overt state action. The largest chain of booksellers in Malaysia has refused – independently of direct government pressure, it would seem – to sell any of the Malay-language pulp fiction novels that Muhammad publishes because the presumed moral laxness of those books "might somehow lead to baby-dumping and adultery". Similar books published in English – the language of the bourgeois urban middle-class – are deemed perfectly safe (which would explain the presence of Hollinghurst's books, which couldn't possibly be a corrupting force because hardly anyone would buy them).

Read more at: http://www.theguardian.com/books/2013/sep/25/banned-books-asia-censorship 

 

Justice? Sorry, JAWI is not interested

Posted: 25 Sep 2013 10:28 AM PDT

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This case illustrates quite clearly why there is a need for a stringent check and balance on the way Syariah laws are implemented in Malaysia. It also underlines the very real possibility of these laws being subject to abuse, miscarriage of justice and tyranny by those in power.

Azrul Mohd Khalib, MMO 

When I first wrote about the Nik Raina/Borders Books case a year ago, it seemed to be easy enough of a case to understand even for a layperson to the law such as myself.

Borders Books store manager Nik Raina Nik Abdul Aziz had been charged with committing a crime, namely selling a book (Irshad Manji's Allah, Liberty and Love) deemed contrary to Islamic Law under Section 13 of the Syariah Criminal Offences (Federal Territories) Act 1997. She faced the possibility of a RM3 000 fine, a maximum of two years' jail or both.

However, there were at least two main problems with the charge: the book had not yet been banned at that point of time and it wasn't the Federal Territory Islamic Department (JAWI)'s job anyway to enforce the work of the Home Ministry.

The book was only banned a week later. In other words, Nik Raina had been charged for selling a book that was perfectly legal. It was evident from the very onset that there was no case and that no offence had been committed.

The judgement of the judicial review by High Court Judge Datuk Zaleha Yusof last March made this official and stated what everyone except JAWI seemed to already know. Fundamentally, you cannot retroactively charge a person for a crime that was not yet deemed a crime at the time of the incident. A first year law student could easily come to the same conclusion. It was fairly obvious that this whole case was and is a total screw-up by JAWI.

Somehow, despite this basic common law fact and the High Court judgement which is now several months old, JAWI seems to be extremely reluctant to proceed to drop the charge against Nik Raina. The case has since experienced three postponements in the Syariah Court within a single month and the charge has yet to be withdrawn based on the judgement of the High Court. Perhaps it's time for the Syariah prosecutors to go back to school.

Let us be clear. Proceeding to maintain a charge against Nik Raina would basically be an injustice to her and gives the Syariah courts and JAWI a stink and a bad name.

Judging from the behaviour of both parties of late, it seems that they really don't give a damn or more importantly consider unimportant the fact that an injustice has been and continues to be inflicted onto Nik Raina.

The reasons given to her for the postponements were that the presiding Syariah judge had to attend a meeting in Penang (August 28), that there had been a mix-up in dates (September 3), and the esteemed judge was attending yet another meeting (September 13).

Meetings are obviously more important than someone being unjustly charged under the Syariah system. The case has since been postponed indefinitely with no end in sight for Nik Raina who has now endured this ordeal for more than 18 months.

Read more at: http://www.themalaymailonline.com/opinion/azrul-mohd-khalib/article/justice-sorry-jawi-is-not-interested 

Something to ponder and ponder some more

Posted: 25 Sep 2013 10:13 AM PDT

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The ''official account'' blamed the Communist Party of Malaya for the killing. And as the two men were said to be CPM "hit men", the "logical" allegation was that the "hit" order came from Chin Peng. Was the official account right? 

Mohsin Abdullah, fz.com 

"UTUSAN ni dah jadi surat khabar Chin Peng" – read a text message sent to me by a friend a day after the CPM leader was cremated. 
 
To this friend of mine, Umno-owned newspaper Utusan Malaysia's continuous onslaught against Chin Peng has only succeeded in giving "publicity" to the man branded a "terrorist" by some but hailed a "freedom fighter" by others. 
 
I've received many such messages but this one's "special" because the friend who sent it has a son who is vying for a relatively high post in Umno in the coming party polls.
 
To him, Utusan should just "put a full stop" to all this as the anti-Chin Peng campaign has begun to work against Umno. 
 
Messages received earlier as mentioned, also have the same view with a number of senders saying Umno leaders themselves should just "zipped up" as "the more they talked, the more ridiculous they sound". We know what has been said and what is still being said. No details needed.
 
In the words of Malaysiakini columnist Mariam Mokhtar: "Chin Peng is having the last laugh from beyond his grave". With that out of the way, ponder this:
 
The IGP assasination
 
On June 7, 1974, Inspector-General of Police Tan Sri Abdul Rahman Hashim was gunned down by two men in Lorong Raja Chulan Kuala Lumpur in broad daylight.
 
Moments later, his son, Najib, who was a crime reporter with the New Straits Times drove towards Court Hill (where the present Menara Maybank stand) when his NST reporter friend waved frantically at him to stop to inform that a high-ranking police officer had been assassinated further up the road. Upon checking Najib found, to his horror, the officer killed was his father.
 
I've read Najib's writing of his heart-wrenching experience many times in which he also wrote the following:
 
"The two gunmen, according to the official story, were communist hit men.
 
"The duo allegedly responsible for father's death were eventually caught but only after they had summarily dispatched another high-ranking police officer Tan Sri Khoo Chong Kong, then the chief police officer of Perak.
 
"And while the two men were hanged for the murder of Khoo, they were never tried for the killing of the IGP."


Read more at: http://fz.com/content/mohsin-abdullah-something-ponder-and-ponder-some-more 

and: http://fz.com/content/mohsin-abdullah-cpm-massacre-malays

and finally: http://fz.com/content/mohsin-abdullah-failed-baling-talks 

Kredit: www.malaysia-today.net

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Malaysia and the Non-fulfillment of the 20 and 18 Point Agreements with Sabah and Sarawak

Posted: 25 Sep 2013 11:30 AM PDT

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There is resentment at and dissatisfaction with Sabah and Sarawak being treated as and equated to just another state of Malaysia. To be sure, there are other issues; but the two being equated to any of the 11 peninsular states is perhaps the most contentious. It had been simmering since the 1980s but it never surfaced, not as a formal articulation anyway. It is, nevertheless, a political wart that has the potential to come to a boil. 

Speech by

Y.B.M. Tengku Razaleigh Hamzah

At The Malaysian Branch of The Royal Asiatic Society Lecture in Conjunction with the 50th Anniversary of the Formation of Malaysia On Wednesday, 25.9.13 at 5.00 p.m. at the Tan Sri Hamzah Hall, Royal Selangor Club Annexe, Bukit Kiara, K.L.

It is my singular honour to have been invited to such an august gathering as this. I am privileged to have this opportunity to talk about the birth of Malaysia. Allow me, therefore, to record my gratitude and appreciation to our host, the Malaysian Branch of the Royal Asiatic Society, for the invitation in the first instance. The timing is apt, coming as it does eight days after the 50th anniversary of her founding. It is also relevant given that Malaysia is facing unprecedented political and economic challenges. These challenges are formidable and, if left unsolved, could cause damage to the economy and political integrity of Malaysia.

2. The legitimacy of the formation of Malaysia is based on the fact that at the time of her formation, Malaya was the only country that was independent and had a democratic constitution, with institutions supporting such a constitution, within this region. Her economic foundation justifiably gave Malayans, at that time, a vision that we would one day be the shining example in South East Asia. It was with this perspective that Malaya, under the leadership of Tunku Abdul Rahman, took the initiative in helping to maintain stability in the region. This was at a time when British colonialism was forced by international opinion and in particular by Asia, to retreat as the colonial power without leaving a vacuum. 

3. Malaysia was born, therefore, out of a historical necessity at that time. It bears reminding that this country still remains a stable political force in the region. The success or failure of Malaysia will not only affect Malaysia, but the entire ASEAN region. Therefore, a historical understanding of the birth of Malaysia is very important. Just as important is the legitimacy of Malaysia to the citizens of the country as well as to Sabah and Sarawak as part of Malaysia which is a political necessity to maintain the stability of the region.

4. Much has been written about the formation of Malaysia and, by and large, the writings have been consistent. But it is sad to note that there is a general ignorance of her founding among the younger Malaysians. The importance of remembering our past should never be made light; for it is the past that puts us where we are today. It is a pity that this ignorance exists; but in itself, it is harmless. However, the danger lies in the possibility of it being exploited for particular ends. 

5. It is fair to say that an average middle-aged Sabah or Sarawak Malaysian does not seem to know about her formation, as is the average middle-aged peninsular Malaysian. But one thing is clear. There is resentment at and dissatisfaction with Sabah and Sarawak being treated as and equated to just another state of Malaysia. To be sure, there are other issues; but the two being equated to any of the 11 peninsular states is perhaps the most contentious. It had been simmering since the 1980s but it never surfaced, not as a formal articulation anyway. It is, nevertheless, a political wart that has the potential to come to a boil. 

6. The advent of social media such as the Blog and Facebook has altered the scene. With such media reaching every nook and corner of the country, everyone is now acutely conscious of the angst of Sabah and Sarawak Malaysians over the issue. The anguish is magnified whenever 16th September comes around. We are then flooded with grouses of unfulfilled promises to Sabah and Sarawak relating to the formation of Malaysia. These grievances come from almost all sectors of our society, either in writings or speeches or other suchlike mode. People of religion would present their thoughts with a bias towards religious issues, and people of trade, from an economic perspective. Other issues that are often aired include education, human rights and politics. 

7. It bears noting that this discontentment and whatever dissatisfaction expressed do not go beyond the superficial. The sad part is that not many would care to sieve through the events and development leading to the birth of Malaysia. It is my intent, this evening, to attempt this. But before that it might serve us well to note a few of these grouses.

8. Let me paraphrase the feeling of a particular Sabah academic. He pointed out that Sabahans and Sarawakians agreed to be part of Malaysia on the understanding that the interests of the states were safeguarded. These interests were enshrined in the 20/18-point Agreements, the London Agreements and the Inter-Governmental Reports. He pointed out further that the safeguards were not honoured and taken away at the whim and fancy of the Federal Government, and added in no uncertain terms that Sabah and Sarawak are equal partners to the Federation of Malaya in Malaysia and not two of her 13 states. A group of east Malaysian politicians and social activists went so far as to describe the transgressions as a looting of their riches. 

9. A complaint from Sarawak took on a more symbolic strain. The formation of Malaysia was compared to a marriage with a prenuptial agreement, that is, the 18-point Agreement. The complainant described how the wife, Sarawak, was hurt by the lack of attention from the husband, Kuala Lumpur, but continued to be the dutiful and responsible wife. 

10. In the recent past, a Sabah politician bluntly remarked that Sabah belongs to Sabahans and not to Malaysia as the Malaysia Agreement has yet to be implemented. He agitated for the review of its implementation while at the same time addressing the unhappiness of Sabahans and Sarawakians. He argued that Sabah has lost most of the 20 points after decisions affecting the state were made by Kuala Lumpur. Worse, he accused that Sabah was treated like a colony instead of an equal partner in Malaysia. A Sabah Bishop, speaking on Malaysia Day 2012, questioned whether the agreement to uphold freedom and other native rights and customs is being kept. He tellingly pointed out that it was the understanding and the compromise displayed during the negotiation that convinced the then North Borneo and Sarawak to jointly form Malaysia with the Federation of Malaya and Singapore.

11. An activist with the moniker anak jati Sabah (a genuine Sabahan), in venting his frustration, plainly and boldly pointed out that peninsular Malaysians have been wrong in referring to Sabah as having joined Malaysia. He argued that Malaysia had not always been in existence; that Sabah, together with Sarawak, Singapore and the Federation of Malaya had formed Malaysia. He contended that the 20-point Agreement and the Batu Sumpah – a monument of honour, as it were, that was erected in Keningau as a reminder of Sabah's support for Malaysia and the 20-point Agreement – were not honoured and had been discarded by Kuala Lumpur. His bitterness could be discerned from the following observation that has been attributed to him; that is, "the Batu Sumpah and the 20-point Agreement have been slowly and steadily violated and rubbished by Kuala Lumpur."

12. An equally strong sentiment had been echoed by a Sarawak professional who, in reflecting about Malaysia, had made it known that it is justifiable for Sarawak to opt out of Malaysia because of the perceived poor treatment of her by Kuala Lumpur through what he felt was the violation of the 18-point Agreement. However, he conceded that there are advantages of being in Malaysia. 

13. These, then, are a sampling of the issues underpinning the listless and uneasy relationship between Sabah and Sarawak, and Kuala Lumpur. If we were to use the earlier Sarawak wife and Malayan husband analogy, it is not unbecoming to describe it as a relationship between strange bedfellows. These issues are critical when they viewed against the backdrop of the territorial realpolitik that is particular to Malaysia. They need to be redressed and the onus is greatest on those with the most political influence. Only in this way could the legacy of a vibrant and economically progressive Malaysia taking her rightful and dignified place on the world stage be meaningful to our children and grandchildren. 

14. Ladies and gentlemen, I would suggest that we begin the process of reparation by looking at the gestation leading to the formation of Malaysia. I would suggest further that we approach this with an open mind, without any preconception. Let us analyse these grouses impartially. Let us not jump to any conclusion by saying that a point is no longer relevant or appropriate or significant. Let us view the issues in perspective and address them accordingly. And let us begin at the beginning. 

15. In a speech on 16th September 1961, Tunku Abdul Rahman, the founding father of Malaysia, spoke of the decision to form the confederation. He pointed out that the formation was made with "much care and thought." There was "mutual consent" by "debate and discussion" and "inquiries and elections held over two and a half years." The Tunku was proud that Malaysia was created "through friendly arguments and friendly compromise." He believed that the cooperation and concord that prevailed were driven by the desire to share a common destiny. The Tunku and the other leaders must be cherished for Malaysia's successful formation. We also owe it to them to make good on the compromises as we realise the common destiny that the Tunku spoke of. 

16. Earlier in May 1961, at the Delphi Hotel in Singapore, the Tunku had mooted the idea of bringing together Malaya, Singapore, North Borneo, Sarawak and Brunei. His proposal was seen as a move to counter the communist influence in the region, to balance the racial composition and to expedite the economic development and independence of Singapore, North Borneo, Sarawak and Brunei. The suggestion was well received as it had struck a chord with the British decolonisation attitude of the day. There was, however, concern over the possibility of opposition by the local leaders of the three Borneo territories. This was confirmed when the Sarawak United People's Party, Partai Rakyat Brunei and the United National Kadazan Organisation formed a United Front to denounce the proposal as "totally unacceptable." Subsequently, the Sarawak National Party supported this position. Opposition to the idea of a Malaysia was also strong from the people of the North Borneo interior.

17. To overcome this opposition, the Tunku visited Sarawak and North Borneo in July and August 1961 to win over the sceptics. Fact finding visits by the Borneo leaders to Malaya eventually convinced them that Malaysia was a good idea. In addition, Sarawak leaders were sent to the Commonwealth Parliamentary Association Conference taking place in Singapore during the period. This afforded them the opportunity to discuss the concept further with their Malayan and Singapore counterparts. 

18. A consensus was eventually established and this led to the formation of the Malaysia Solidarity Consultative Committee (MSCC). It explained the concept further to the people of Sarawak, North Borneo and Brunei and discussed issues relating to the formation of Malaysia. The MSCC prepared a memorandum that underscored the need to gauge and ascertain the opinion of the general population of North Borneo and Sarawak on the Malaysia concept. In early 1962, this was submitted to the Cobbold Commission that had been set up to determine whether the people of North Borneo supported the formation of Malaysia. Later that year, the Commission submitted its report to the Malayan and British governments. Among other things, the report recorded that 80 per cent of the people of North Borneo and Sarawak supported the formation of Malaysia. 

19. However, the Cobbold Commission reported that large sections of the population, especially in the interior, had no real appreciation of the Malaysia concept. But it recorded that about one third of the population favoured the idea strongly and wanted Malaysia to be formed as early as possible. This third was not too concerned about the terms and conditions. Another third asked for conditions and safeguards that varied in nature and extent, but was, in the main, favourable to the concept. The remaining third was divided into those who insisted upon independence before Malaysia and those who preferred to remain under the British. 

20. The Commission also expressed the following caution which is taken verbatim from its report: "It is a necessary condition that from the outset Malaysia should be regarded by all concerned as an association of partners, combining in the common interests to create a new nation but retaining their own individualities. If any idea were to take root that Malaysia would involve a 'take-over' of the Borneo territories by the Federation of Malaya and the submersion of the individualities of North Borneo and Sarawak, Malaysia would not be generally acceptable and successful."

21. The safeguard demanded as a precondition to the formation of Malaysia was looked into by an Inter-Governmental Committee (IGC) set up upon the recommendation of the Cobbold Commission. At its first meeting in Jesselton on 30th August 1962, the IGC considered a memorandum calling for, among other things, the two territories having control over education and health for 10 years before reverting to the federal government. The memorandum was, with some modification, included into the Malaysia Act, the Federal Constitution and the relevant state constitutions. These safeguards have now come to be known as the 20-point Agreement for Sabah and the 18-point Agreement for Sarawak.

22. For the sake of clarity, I should spell out, in passing, the 20-point safeguards for Sabah. They are points relating to 

Religion
The national language and the use of English 
The constitution to be a completely new document
Head of Federation
Name of Federation
Control over immigration by the state 
Right of secession
Borneonisation 
Position of British officers 
Citizenship 
Tariffs and finance 
Special position of indigenous races
State Government
Transitional period 
Education 
Constitutional safeguards 
Representation in the Federal Parliament 
Name of Head of State 
Name of State and
Land, forest and local government, etc. 

The last two points regarding the name of the state and land, forest and local government, etc. are not in the safeguards for Sarawak. 

23. These safeguards were to be reviewed 10 years after the coming into being of Malaysia, that is, after 16th September, 1973. Tun Razak, who was the then Prime Minister, set up a committee in that year under the chairmanship of his deputy, Tun Dr Ismail, to review the IGC agreements. However, the committee did not meet at all in that year because the Draft Bill of the Petroleum Development Act (PDA) was being drawn up at the time. The prevailing wisdom then was that priority be given to the acceptance of the PDA by Sabah and Sarawak. Upon the coming into force of the PDA, I was asked by Tun Razak to get the Chief Ministers and Menteris Besar of the relevant states to enter into agreements in accordance with the requirements of the PDA. As it turned out, Sabah and Sarawak put up formidable stands in making known their positions. 

24. In any event, Tun Dr Ismail passed away in August 1973 and this was followed by the demise of Tun Razak in January 1976, giving the review a tragic twist with it being left on the backburner. I should like to emphasise here that the review not taking place despite Tun Razak's intention reflects the good faith of the federal government in the relationship with Sabah and Sarawak. However, this was overtaken by the development of events during that period that I have just described. Perhaps the review could be considered afresh as Malaysia celebrates her golden anniversary.

25. The story of Malaysia will be incomplete if I do not touch on the significant reactions by Indonesia and the Philippines to the idea of a Malaysia. Indonesia withdrew its initial support for the concept. The Philippines similarly objected to Malaysia's formation and announced its own claim on North Borneo. This led to another round of public opinion assessment, this time by the United Nations. Its report was made public on 13th September 1963. The UN confirmed that the people of North Borneo and Sarawak had freely expressed their wish for the formation of Malaysia. They were fully aware that this would bring about a change in their status. The report also noted that this was "expressed through informed democratic processes, impartially conducted and based on universal adult suffrage." The Malaysia Agreement had been signed earlier on 9th July 1963 at the Marlborough House in London, with her birth marked for 31st August 1963. In the event, Malaysia was proclaimed on 16th September 1963 to accommodate the UN report which was completed two days earlier. 

26. I have tried to paint a comprehensive picture of how Malaysia came into being. Sadly, it does not quite match what was agreed upon originally. One could come up with any number of explanations for this, but I would respectfully submit that we do not go down this route. Let us muster enough courage to recognise and admit that we have a problem. To do so is to begin the process of its resolution. 

27. That there was poor availability of information surrounding the formation of Malaysia in the public domain is most unfortunate. This has, in part, led to the breeding of animosity between Malaysians on both sides of the South China Sea. To be sure, this unfriendliness was not by design. Neither was it borne out of malice or prejudice. Certainly there was no ill intent. The oft repeated error that Sabah and Sarawak are but two Malaysian states is a case in point. It is an error that has Sabahans and Sarawakians blowing hot and cold under their proverbial collar. We must now right this misconception. For a start, there is a dire need for factual accuracy in the information on how Malaysia came to be. And it would help greatly if we could ensure that this critical part of our history is clearly spelt out in our school curriculum.

28. It should be pointed out, for instance, that 31st August is of no particular significance to Sabah and Sarawak, its grand celebration notwithstanding. It is but the date of Malaya's independence and it should be celebrated for just that. On the other hand, 16th September – the Malaysia Day – has a greater significance and is certainly a more important date in the annals of Malaysia. It must, therefore, be allowed to take its place as a major celebration in our national calendar of events. 

29. I should also point out that the 20-point and 18-point Agreements have been incorporated into the Federal Constitution. Whether this is taken to mean that the two agreements no longer exist as once propounded by certain quarters is a conjecture that borders on the sensitive, given the emotive nature of the subject. In any case, the Batu Sumpah of Keningau will stand in perpetuity as a monument to the spirit of the 20-point Agreement. 

30. This begs the question, what next? Where do we go from here? They are best answered by those in the political driving seat. It is, therefore, incumbent upon those in power to kick start the process. We have to, no, we must prove the cynics are off the mark when they say that the act of Sabah and Sarawak jointly forming Malaysia is but a transfer of political power from Britain to Malaya. We must prove the caution by the Cobbold Commission wrong. We must do this and reinforce and strengthen the building blocks of a united, prosperous and harmonious Malaysia. 

31. A Malaysia such as this could provide the cornerstone for the growth and stability of our beloved land. By extension, such a growth and stability could offer a rippling effect to benefit this region which faces many uncertainties. A united, prosperous and harmonious Malaysia will, most certainly, garner international respect and admiration. Given the political uncertainty close to the Sabah shore, a calm and collected Malaysia, confident of her position in the international scheme of things, could well play a critical role in helping to resolve the complex and multifarious problems besieging the region. As an example, Malaysia could provide the calming voice in the effort to overcome the overlapping claims by various countries in the Spratlays as a result of the UN Law of the Sea Treaty recognising a 12-mile territorial sea limit and a 200-mile exclusive economic zone limit. 

32. Ladies and gentlemen, it bears repeating the reminder that tensions and stress points among a people tend to increase in times of economic difficulty. Given that there are still large areas in Sabah and Sarawak, particularly in the interior, classified as poor with the standard of living nowhere near that of urban enclaves, it is not surprising if the animosity towards this side of Malaysia is felt strongly. It does not help that the greater Kelang Valley is seen as, rightly or wrongly, enjoying the level of wealth far ahead of the two eastern territories. Such a situation as the recent increase of the pump price of petroleum worsen the situation as providers of goods and services pass such increases to the consumers. This would heighten further the financial difficulty suffered by the poor of Sabah and Sarawak. Therefore, the government should seriously think of ways to overcome such hardships as this. It is time that the government absorbed the continually increasing financial burden rather than allowing it to ultimately land on the shoulder of the people. If this is well handled, I am confident that we can begin to mitigate and work towards overcoming the negative perception towards Kuala Lumpur that seem to be playing in the collective mind of Sabahans and Sarawakians. 

Ladies and gentlemen, thank you and good afternoon. 

PCA, Penal Code and CPC amendments are the most serious assault on human rights and established ...

Posted: 25 Sep 2013 10:09 AM PDT

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Lawyers for Liberty is extremely shocked and concerned with the rash of proposed criminal law and procedure amendments with far reaching implications that were tabled in Parliament today. These amendments constitute the most serious assault on human rights and established legal principles since 1988 after the constitutional crisis and Operation Lallang. It is all the more deplorable since these very serious amendments were done in secret and without any consultation with opposition members of Parliament, civil society and the Malaysian Bar.
The Prevention of Crime (Amendment & Extension) Act 2013
The bill seeks to re-introduce detention without trial when all Malaysians thought they had seen the last of this most draconian legislation with the abolishment of the Internal Security Act (ISA) and the Emergency Ordinance (EO).
Under clause 19A, a person can be detained without trial for up to two years, which can be renewed indefinitely. The amendments also disallow substantive judicial review which would mean the detention order cannot be challenge in court, safe for procedural matters (which are effectively pointless). The amendments also deny legal representation to the detainee except when his/her own evidence is taken during the inquiry process.
Further, the government has also surreptitiously amended the entire preamble of the PCA to include the provision under Article 149 of the Federal Constitution that the country is "threatened by a substantial body of persons inside and outside Malaysia to cause, or to cause a substantial number of citizens to fear, organized violence against persons or property" thereby justifying detention without trial just like the ISA and EO.
These amendments are absolutely scandalous and an antithesis to our democratic and fundamental rights to freedom from arbitrary detention and punishment, due process, rule of law and legal representation.
It goes without saying that the amendments are unconstitutional especially since Malaysia is living in peace time with no threats of subversion, insurrection or civil unrest as envisaged by Article 149 of the Federal Constitution.
By these amendments, Prime Minister Najib Razak had not only broken the promise he had made on 16 September 2011 to respect human rights and liberties when he announced the abolishment of the ISA and EO, he had also persistently lied and misled the public when he continuously affirmed that his government would respect human rights and liberties and will not revive detention without trial.
Although the government may argue the amendments will only target organized crimes, it is almost certain from the government's appalling track record on the use of oppressive laws like the ISA, Sedition Act and Peaceful Assembly Act – the PCA will be misused against opposition politicians, dissidents and civil society activists. See for example how MP Jeyakumar and five other PSM activists were detained under the EO in 2011.
The Penal Code (Amendment) Act 2013
Lawyers for Liberty is further extremely concerned with the proposed amendments to the Penal Code, particularly clause 121E(1) for mutilating, destroying  or insulting any national emblem or flag; and clause 121E(2) for using, recognizing or promoting the use of any flag other than the official flags – both of which carry a mandatory punishment of  imprisonment between 5 to 15 years and fine. Needless to say, these new offences transgress freedom of speech and expression as guaranteed by the Federal Constitution and are out of place in a modern and democratic Malaysia. Further, the proposed punishment for these offences are extremely harsh and disproportionate compared to the rather minor nature of the act of civil disobedience.
 
In addition, clause 440A outrageously criminalizes as vandalism common acts of political and human rights activism and public communication like drawing, painting and writing on both public and private property; affixing, displaying, hanging and exhibiting poster, placard, banner and bunting unless they were done with the written authority or consent of the public/private owners – offences that can be punished with imprisonment for up to three years. The requirement for written authority is of course unrealistic and extremely burdensome and is just another underhanded tactic designed to frustrate the opposition and civil society.
 
The Criminal Procedure Code (Amendment) Act 2013
Lawyers for Liberty is also further extremely concerned with the proposed amendments to the CPC, particularly clauses 265A, 265B and 265C that essentially allow for witnesses to testify in secret where the accused person and his/her counsel would not be able to see, hear or cross examine the witnesses. Such secrecy is repugnant to the very basic foundation of our criminal justice system that demands a fair trial – that justice must be done openly and transparently; the accused must be afforded an opportunity to challenge the evidence presented; and the guilt against the accused must be proven beyond a reasonable doubt.    
 
 
 
Released by:
Eric Paulsen
Co-founder & Adviser
Lawyers for Liberty
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Najib’s legal reforms legacy

Posted: 25 Sep 2013 03:43 PM PDT

ON 15 Sept 2011, the eve of Malaysia Day, Prime Minister Datuk Seri Najib Razak announced a slew of reforms to transform Malaysia into a more open and democratic country. Almost a year later, most of the promised "reforms" have been implemented.

But has anything changed? In just the past two months, the government and its agencies have charged opposition leaders for participating in a street protest, sued Bersih 2.0 leaders for damages, and accused Singaporean embassy officials of inappropriate behaviour for observing the Bersih 3.0 rally. The government also banned a book by a Muslim woman, refused to release remaining Internal Security Act (ISA) detainees, and attempted to raid human rights organisation Suaram's office.

Forgive me if I'm stating the obvious. Legal reforms notwithstanding, it's not been very "open and democratic" around here recently. A quick review of all the new amendments and laws since Najib's Malaysia Day announcement will demonstrate why.

False reform

Peaceful Assembly Act (PAA)


Najib hailed the PAA as "revolutionary" and its enactment a "giant leap" in improving current laws. "Supposedly, [the Act] chokes freedom to assemble," Najib said in Parliament, referring to criticisms against the new law. "Is this allegation true?" he asked. "Not true at all," he replied to his own question.

http://www.thenutgraph.com/wp-content/uploads/2012/07/bersihlainie.jpg
Anwar (left) has been charged for participating in the Bersih 3.0 rally under the PAA (© Lainie Yeoh)

Barely six months after Najib's statement, and shortly after the PAA came into force, the law was used to charge Opposition Leader Datuk Seri Anwar Ibrahim and two others for participating in the Bersih 3.0 rally. This really is no different from the days when opposition figures were charged under the Police Act for participating in street protests.

And talking about choking the freedom to assemble, the government literally did so when the police fired a total of 967 tear gas canisters at Bersih 3.0 protesters.

How then can this legislation be construed as being revolutionary and a giant improvement?

Printing Presses and Publications Act (PPPA)

When Najib spoke of amending the PPPA on 31 March, he said the government respected the media's freedom to act as a check and balance on government.

But on 28 April, police beat up working journalists during the Bersih 3.0 rally even after the media personnel identified themselves. Police were also hostile towards journalists who attempted to record instances of police brutality against protesters. In some cases, the police damaged and confiscated journalists' equipment.

Curiously, after the attacks on the media, several Umno-owned and government-controlled media were silent or played down reports of the police beating up fellow journalists. So much then for the government respecting the media and the media acting as a check and balance on government.

And that's not all. Under Najib's legal reforms, the print media must still obtain permits even if it doesn't need to renew the permits annually. This means the print media is still subject to show-cause letters from the Home Minister which can result in newspapers losing their permits and journalists or editors being suspended.

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Terror Beyond Westgate

Posted: 25 Sep 2013 02:18 PM PDT

Just a few hours into the gruesome terrorist attack on Nairobi's Westgate mall, on Saturday, the Shabaab, Somalia's Al Qaeda wannabe affiliate, assumed credit, calling its kill-team's targeting of dozens of innocent shoppers "an act of justice." Sixty-seven people were killed, along with five attackers, before Kenyan forces mostly took control of the mall on Tuesday; some of the last shooters had been holed up in its supermarket. The Shabaab reminded "Kenya"—as if it were a single sentient being beholden to its rules—of prior warnings that it intended to carry out attacks in retaliation for the Kenyan Army's presence in Somalia. It had specifically mentioned the Westgate mall, a popular hangout for affluent Kenyans and expatriate foreigners, as well.

In the Shabaab's murderous logic, the existence of a prior warning absolved them of guilt in the deaths of those people whom its commandos have murdered. The New York Times photographer Tyler Hicks, who is based in Nairobi, happened to be nearby when the attack began on Saturday and sent out some of the first photographs from the scene. Hicks's images, and those of another veteran war photographer, Goran Tomasevic, are a haunting, chilling testimony. In some, we see Kenyan soldiers, guns drawn, their expressions twisted by adrenaline and fear, as they hide from and hunt the terrorists. In others, we see women holding babies, seeking a safe way out. In one unforgettably sad picture, a young couple lies side by side in a pool of blood at the closed entrance to a shop: the man's arm is held protectively over the woman's waist; they are both dead. In others, toddlers stand in shock next to dead bodies. In most of these images, there is horror in the foreground, and, behind, glimpses of the banal backdrop: lighthearted advertisements, items on sale.

The target was a sickeningly well-chosen one. Westgate, like a couple of other shopping enclaves around the traffic-clogged, bustling city, is a time-honored meeting point for affluent Kenyans and foreigners, especially on weekends. Whenever I am in Nairobi, I find myself at Westgate several times a week, either to buy an item I need, or to meet someone in the large, airy coffee shop on the ground floor. I usually take a peek at the handicrafts trolley on the second floor, too, to see if there is anything that might serve as a gift. A couple of years ago I bought my mother-in-law a red, white, and blue African-print cloth decorated with the smiling countenance of Barack Obama. The President's late father was Kenyan, and his American-born son's success is a source of widespread national pride. Westgate is not a white enclave; in addition to black Kenyans and white Europeans or Americans—working for embassies, or one of the U.N. agencies and myriad N.G.O.s that operate out of the Kenyan capital—there were always Indians and usually a few Arabs, too. There is a sizable South Asian émigré community in Kenya, and the Nairobi suburb of Eastleigh is home to some two hundred thousand ethnic Somalis. Among the dead are people from at least twelve nations.

The first time I went to Westgate, about four years ago, was to meet a Nicaraguan-born humanitarian-relief official who handled the U.N.'s relief program for Somalia. At the time, it was considered too dangerous for the U.N.—or any other international agency, for that matter—to maintain a permanent presence in Somalia itself, because of the Shabaab, which controlled most of the Somali countryside and a good portion of the capital, Mogadishu. (One of the Westgate victims, a Peruvian, was a sixty-three-year-old U.N.D.P. official. He was at the mall with his daughter, who was shot but survived.)

As with Al Qaeda and its Islamist extremist kinfolk, the Shabaab views all nonbelievers—or even Muslims espousing different versions of the faith—as heretics and belligerents. In the past, this murderous presumption has meant summary executions by the Shabaab inside Somalia for young men caught watching soccer on television, or cruel stonings and amputations for transgressors of other Shabaab diktats, such as those who listen to music or, as Xan Rice writes in The New Yorker this week, run a certain sort of restaurant. It has also, occasionally, meant the kidnapping and even murder of victims seized in Kenya and taken back to Somalia.

Indeed, it was the Shabaab's habit of conducting violent cross-border raids that motivated the Kenyan Army's 2011 military incursion into Somalia in the first place. The Kenyans' goal was to secure a safe corridor along the country's border. In recent years, a number of Westerners have been taken from Kenya's Indian Ocean island-resort community of Lamu, which lies near the border with Somalia—several have died. Two Spanish women, who worked as relief officials at a large refugee camp in the northern Kenyan wastelands, were snatched and held for twenty-one months before being freed last July. With its economy heavily reliant on tourism, Kenya has suffered greatly from such Somali-related violence and previous Al Qaeda-linked terrorism—in 2002, at an Israeli-owned hotel in Mombasa; and at the U.S. Embassy in Nairobi, in 1998, which was an attack that presaged 9/11. (In each case, most of the victims were Africans.)

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