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Rule of law, rule by law
Raja Aziz Addruse
Happy birthday Mr PM
Ku Li’s Amanah a key to national revival?
MoCS march: A test of faith and fortitude

Posted: 22 Jul 2011 11:43 PM PDT

By Ambiga Sreenevasan

I urge you to use this arsenal of knowledge and your passion for justice to fight for those who are downtrodden.

You have already heard of the events of July 9th in Malaysia. Whilst it brought out the worst in some, it brought out the best in others and this is where our hope lies.

JULY 23 — Good Morning! Chancellor, vice chancellor and graduating students.

It is so good to be back!

I am deeply moved by the conferment of this honour upon me. That it comes from my alma mater is especially significant for me. That it comes at this time is almost providential, for it allows me and all lawyers to reflect on our roles in the societies we live in.

For this honour and this moment of reflection, I extend my grateful thanks to the Council and Senate of the University of Exeter.

Tired of injustice and oppression, people the world over are crying out for truth, goodness, justice and universal love and understanding.

The events in Malaysia over the past six weeks culminating in the rally for free and fair elections on the 9th of July, has taught me so much more than I could have ever learned in the last 30 years as a practising lawyer.

My team and I faced first-hand the full force of the unleashed power of the state, and I realised then the importance of the independence of the Institutions of government, particularly the judiciary, to check such abuses of power.

I also realised how real and present the absence of the Rule of Law can be.

In countries where the Rule of Law reigns strong and true one probably does not even talk about it. But in countries that veer towards Rule by Law, talking about getting back to the basics is crucial.

In many countries, Rule by Law is reflected in the existence of repressive laws that violate the fundamental rights of its citizens. One example of this is preventive detention laws that lock people away without affording them the basic right to a trial. There are many examples of such oppressive laws worldwide and they are not confined to underdeveloped or developing countries.

As lawyers, we are in a unique position. Our years of legal study and practice teach us to see and appreciate the fundamental role that the Rule of Law plays in guaranteeing that the state governs its citizens in a just and democratic manner.

Who better to remind those in power of their responsibilities to their citizens than lawyers trained in understanding the difference between "Rule of Law" and "Rule by Law"?

Our role as lawyers must therefore extend far beyond traditional legal practice.

Here, I make no reference to rules, guidelines, documents, or declarations. My only reference point is our conscience. Can we as lawyers, ever sit back and watch the erosion of fundamental liberties of the people around us and do nothing? Clearly, silence in these circumstances, is not an option.

When I graduated from this university about 30 years ago, things were of course very different. Today the Internet and social media has empowered people with a continual flow of unfiltered and up-to-date information. No longer can the manipulation and control of information be effectively used by those in power to suppress either thought or action.

You are in a world where you know instantly of injustices taking place in any part of it. In this global village drawn together by so many factors, we are one. We can reach out to each other using these new means of communication and we owe it to each other to stand together for what is right.

You may say, "But I studied law to be a solicitor or barrister and to earn money for a decent standard of living". There is nothing wrong with that, I assure you. I run a commercial litigation practice in a partnership of four where we also do public interest litigation. The two can co-exist quite comfortably.

The point I make is this.

You are graduating from one of the best universities in the country if not on the planet! You are special. And you are now a proud member of an army of people that is equipped with all that is necessary to both practise law and to fight injustice.

I urge you to use this arsenal of knowledge and your passion for justice to fight for those who are downtrodden.

You have already heard of the events of July 9th in Malaysia. Whilst it brought out the worst in some, it brought out the best in others and this is where our hope lies.

There were some in government who opposed the methods used to shut us down. Even doctors left their comfort zones to speak up against injustices. And of course there were the lawyers and the independent media who stood on the side of truth and justice.

However, the real heroes of that day are our friend and supporter Allahyarham Baharuddin Ahmad who paid the ultimate price in fighting a noble cause, the six members of the Socialist Party of Malaysia who, as we speak, sit in solitary confinement under preventive detention laws and finally the brave people of Malaysia who overcame their fear of intimidation and harassment to uphold their fundamental rights.

With all my heart I dedicate this honour you have bestowed upon me to them.

* This was the acceptance speech delivered by Datuk Dr Ambiga Sreenevasan upon her conferment with the Honorary Doctorate Of Laws, University of Exeter.

Raja Aziz Addruse

Posted: 22 Jul 2011 06:40 PM PDT

He was without a doubt a tenacious and learned lawyer, and a great believer in the sanctity of the Rule of Law. He was my first boss and I was with him for the first four years of my working life. He was also instrumental in me becoming involved with the activities of the Bar Council.

Datuk Zaid Ibrahim

This towering Malay lawyer passed away last week, at 75. I was fortunate enough to have been in town and was able to pay him one last visit at his home. With his death, the country and the profession has lost a symbol of justice.

He was without a doubt a tenacious and learned lawyer, and a great believer in the sanctity of the Rule of Law. He was my first boss and I was with him for the first four years of my working life. He was also instrumental in me becoming involved with the activities of the Bar Council. I did not achieve the success that he earned for himself, but he taught me a few things that I cherish to this day. A lawyer, he told us, must not be afraid to do what is right by the law – the reason why we refer to the profession as an honourable one is because we have the capacity to fight for justice. The day we no longer care enough about justice is the day we cease to be a member of an honourable profession.

The country needs more people like Raja Aziz to stem the tide of authoritarian rule. There are many young lawyers joining the profession and I hope the gifted ones will continue the struggle to uphold just laws and protect the rights of individuals. Today, fortunately, we still have the courageous Maliq Imtiaz, Haris Ibrahim and Azhar Azizan Harun, who are relentless in their pursuit of justice in cases that other lawyers are too afraid to touch, and judges are too afraid to decide on. I am refering to cases involving the issue of religious freedom. Although enshrined in the Constitution, this right has become meaningless as it's politically not acceptable.

Every other day we hear of heartwrenching stories about such cases, all of which could be avoided if our leaders, adminstrators, and judges had a small dose of compassion in their hearts. Look at what happened recently to Ashraf Hafiz Abdul Aziz, who underwent a sex-change operation in 2008. All she wanted was for the Registration Department to change her gender from male to female, but she was refused because the religious authorities will not condone such action. The judge Datuk Yazid Mustafa said he could not do much, and Women, Family and Community Development Minister Dato' Sri Shahrizat Abdul Jalil has also said she cannot do much beyond offer welfare assistance. The truth is they all can, but they won't.

The details in our IC have only one purpose: to help identify the person carrying the card. That means the details are necessarily all personal in nature. If the cardholder says he lives in Tropicana, does the Registeration Department accept that as true or does it have a verification exercise before accepting that statement as correct? When it come to gender, Ashraf knows best the condition her body is in. Why refer to the religious authorities? What does the Religious Department know about genetics, human anatomy, or biology? Ashraf knows herself best.

But in our heartless country, it is the officials who know best, the judges who know best, the politicians who know best. They tell you what religion you belong to, what gender you are, what colour you can wear. They do not care about yourself, your beliefs, your rights or your dignity. Some people tell me that they are like that because they are all God-fearing. I don't think so. A God-fearing people would not condone injustice, corruption and abuse of power. More accurately, they are playing God. We have to continue to fight for these fundamental rights if we want to protect the little freedom we still enjoy. This is how we can best remember Raja Aziz and all the other great lawyers who have gone before us.

Happy birthday Mr PM

Posted: 22 Jul 2011 04:36 PM PDT

Najib turns 58 today and as far as the rakyat are concerned, they can only pray that he is bestowed with wisdom in leading a nation as diverse and challenging as Malaysia.

The 'green light' from Najib was all that the police needed. It spared no effort in firing tear gas and water cannons at the supporters. The tear gas was even fired inside the compound of the Tung Shin Hospital in Jalan Pudu, a fact which the Health Minister Liow Tiong Lai initially refuted.

Jeswan Kaur, Free Malaysia Today

Prime Minister Najib Tun Razak has a knack for ditching the rakyat when they need him the most.

In just two years, the premier has succeeded in proving that his 1Malaysia and 'people first' mantra are nothing but lip service and rhetorics.

Typically, 'what goes around comes around', the tide has turned against Najib. Najib's latest antic of leaving the people to face the wrath of the police on July 9 was enough for many to decide he is not the leader they want as the nation's premier.

The Facebook page demanding Najib's resignation had as of this morning recorded 207, 935 "likes". The page, titled '100,000 People Request Najib Tun Razak's Resignation' was created immediately after the July 9 Bersih 2.0 rally.

It was reported that the page registered 300 "likes" per minute following the July 9 rally and hit the 100,000 mark within three days of creation.

The July 9, 2011 rally was the initiative of election watchdog Bersih 2.0, the aim being to free the electoral system from corruption and manipulation. Despite the coalition's willingness to work with the police, Najib at the last minute turned back on his word and left it to the police to deal with the 'Walk for Democracy' supporters.

The July 9 incident which bears proof of the police brutality has also gone on to earn Najib the ire of foreign nations. His official visit to the United Kingdom was not as pleasant as he had expected.

The UK premier David Cameron reportedly had queried Najib on the Bersih rally. And w hen Najib and wife Rosmah Mansor had an audience with Queen Elizabeth II at Buckingham Palace, the queen too sent home a message to Najib, knowingly or otherwise. Her yellow attire was enough to give Najib a 'jaundice' attack.

Najib's popularity is now at an all-time low and with the latest development concerning the death verdict of Selangor political aide Teoh Beng Hock, it is very difficult for Najib to regain the trust of the people.

RCI finding no surprise

On July 21, Minister in the Prime Minister's Department, Nazri Mohd Aziz revealed the findings of the Royal Commission of Inquiry which says Teoh was not murdered but had committed suicide as he was unable to bear the aggressive interrogation by three Malaysian Anti-Corruption Commission (MACC) officers.

Teoh, 30, had fallen to his death at the then Selangor MACC office in Shah Alam on July 16, 2009, after an overnight interrogation.

Does this disturbing verdict free the MACC of any wrongdoing? Whatever it is, the conclusion leaves no room to doubt that the country's justice system continues to be manipulated by the 'powers that be'.

The public outcry that this latest development is set to result in is something Najb cannot pretend to ignore. When he refused to select even one of the seven names suggested by Teoh's family to sit on the RCI, that itself was ground for doubting that justice would ever come Teoh's family's way.
Incidentally, one of the names submitted by Teoh's family was that of lawyer Ambiga Sreenevasan, who heads Bersih 2.0 and was one of the key face behind the 'Walk for Democracy' rally.

Najib's lack of respect for the judiciary is going to cost him his plush chair in his cosy Putrajaya office. The Bersih 2.0 rally and now the doubtful verdict on Teoh Beng Hock's death will become the noose that with time will end up suffocating the prime minister.

To most people, they have not forgotten the arrogance Najib has displayed since assuming premiership in 2009.

Najib has not made an effort to assist the Penan women and girls who are continuously raped by timber loggers attain justice.

It is also Najib who has shown no courage to rebuke the Umno-owned Malay daily Utusan Malaysia for fanning racial discord through its seditious editorials and articles.

Likewise, Najib is the least bothered with Perkasa, the extremist Malay group which keeps threatening and humiliating the non-Malays.

Najib, shape up or ship out

Why does Najib so easily ditch the people in times of need? Is Perkasa his tool to achieve his very own agendas?

The premier displayed no interest in solving the issue surrounding the novel 'Interlok' which is used by Fifth Formers. The novel is said to degrade the Indian community.

Najib has shown no interest in tackling issues affecting the Christian community and this alone was enough to earn him the ridicule of many during his trip to Vatican City where he met Pope Benedict XVI.

Posted: 22 Jul 2011 04:11 PM PDT

We know that because of half a century of abuses, manipulation and instituionalising of corrupt practices into becoming a culture, the very attempt at repairing these damages through such reforms will be a gargantuan task, but we must make the first few steps towards repairing the damages and putting the nation on a path of revival.

DANIEL JOHN JAMBUN

I feel it is very exciting that our highly respected veteran leader Tengku Razaleigh Hamzah, popularly known as Ku Li, has already launched his new outfit Angkatan Amanah Merdeka (Amanah) towards nurturing unity as espoused by the country's founding fathers.

In the midst of our sharp racial divisions at the moment, Amanah said in a statement recently that the group wants "to reaffirm, inculcate and re-ignite the sense of togetherness and true family spirit that prevailed among all Malaysians during the time of our common struggle for national independence". It also said it wants to rekindle the legacy, promise and ideals of Bapa Malaysia and the founding fathers so that all Malaysians may live together as members of a truly just, fair, progressive, united and happy nation community. Its other objectives are:

(1) To earnestly acknowledge, affirm and respect the sovereignty of the constituent states of the Malaysian Federation, consistent with the principles of federalism, democratic principles and in the true spirit of the Federal Constitution;

(2) To ensure that our national institutions respect and uphold the rule of law, democratic principles, rights and universal values;

(3) To support a government and administration that is transparent and accountable, truly competent, efficient, free of corruption and cronyism, clean and honest, fair and trustworthy, and that will be fully able to serve its functions and meet its responsibilities, freely and fairly; an administration that will always be mindful of the rights and interests of the people in whose name and cause it is appointed to serve;

(4) To promote the socio-economic well-being of the people, so that all Malaysians may enjoy truly advanced, progressive, fair and equitable lives – individually upholding filial piety and other noble values and collectively joined together in sincere family kinship as members of our national community and as stakeholders in our common national destiny;

(5) To support an economic policy that will help achieve and sustain a high standard of living for the people, based on the principle of justice, fairness and balance, consistent with the constitution and under a stable monetary condition.

In two several papers presented locally and abroad (Shattered hopes and broken dreams and Disenfranchisement of bona-fide Sabahans) I had touched on the sweet promises made by no less than the Father of Malaysia, Tunku Abdul Rahman, who assured us that no colonialisation of any sort will be imposed on Sabah. At the outset of the formation of this federation, we had dreams of a new age of progress in which we Sabahans and Sarawakians will be enjoying a kind of development that will propel us strongly into the 20^th and the 21^st centuries, under a government which would be just, with no prejudice against any Malaysian regardless of skin colour and belief. Sabah and Sarawak would be part of a federation, not a nation, hence retaining their respective nationalities on equal status with Malaya. We were assured of many rights in perpetuity. But they were not to be. Successive governments and leaders were sweet-talked into surrendering those rights until we are just tools and stooges to federal powers. Through political manipulations and stratagems in the politics of federalism we fell into the traps and ended being what we are today – just one of the 13 states in Malaysia, and the poorest of the lot at that!

In the second paper mentioned above I had listed our disenfranchisements due to so many losses and victimisations:

(1) Loss of right as a national entity,

(2) Loss of rights guaranteed in the 20 Points,

(3) We have been victims of demographic re-engineering,

(4) We have been victims of Kuala Lumpur's divide-and-rule manipulation,

(5) We have lost the true democratic system,

(6) We have been victims of gerrymandering and the manipulation of the electoral rolls,

(7) We have been re-colonised,

(8) Our security has been substantially compromised,

(9) We are losing our land rights,

(10) We are the poorest state!

(11) We are victims of Malay supremacy,

(12) Loss of harmonious and peaceful co-existence. I then followed up with a list of demands of things that are should have been rightly ours.

What Ku Li's Amanah can do are many, but what comes immediately to mind is the re-institution of real justice (in all matters including the fair redistribution of wealth and opportunities), liberty, transparency, true democracy, meritocracy, and freedom of the press. But amanah itself had made an excellent summary of all that need to be done by stating them in its comprehensive list of objectives. If we were to analyse everything mentioned in those objectives it would take a whole thick book. I have high hopes when reading objective No. 3, which aims for "a government and administration that is transparent and accountable, truly competent, efficient, free of corruption and cronyism, clean and honest, fair and trustworthy, and that will be fully able to serve its functions and meet its responsibilities, freely and fairly". We know that because of half a century of abuses, manipulation and instituionalising of corrupt practices into becoming a culture, the very attempt at repairing these damages through such reforms will be a gargantuan task, but we must make the first few steps towards repairing the damages and putting the nation on a path of revival.

The biggest damage has been in the area of race relations. We are now living in an era of interracial and interreligious suspicions and paranoia. We are so far into interracial distrust that we are actually nearing the point when another interracial riot may take place and bring the whole nation down to its knees – no thanks to many bigots and hate mongers like Ibrahim Ali of Perkasa. The second biggest damage, I believe, is in the area of economic confidence of the people as a result of rampant and unbridled corruption. With these two combined, the effect on the economy has been devastating, resulting in increased poverty and the frightening brain drain. And all these are dragging us deeper and deeper into the abyss. Without any drastic change, even with the so-called transformasi of the Prime Minister, the nation will continue to sink deeper and deeper into trouble.

We need more NGOs like Amanah, UBF, MCLM, CigMa, Bersih and others with similar aims to operate against the BN-sponsored tranformasi and 1Malaysia movements which have the single agenda of keeping BN in power and perpetuating the abuses. With enough pressure, the BN will be brought to heel. The only acceptable change is to beat BN and change the government. And with a giant like Ku Li making the move even while he is still in Umno, the BN is suffering a double injury. One injury is the stab in the back of BN by Ku Li, and the other is the great damage on the BN when Ku Li reveal all the dirty inside stories.

It is very exciting to read of his speech at the launching of Amanah last Friday during which he said, "I believe at the end of the road that we are taking in these early steps, we will be called upon to make several important decisions for the future of our nation – choices that we must take regardless of the problems, challenges and obstacle that we face. This morning could be another normal social event or it could be the beginning of a journey towards something that has never taken place before, that may change the current of our country's future." Agreed, totally. And truth will prevail. Ku Li will be a major force, with a strong potential to become the leader of the Third Force, and to become the key to the great change we have been dreaming of. Can we dare to foresee him becoming our next PM? After all, politics is the art of the possible, isn't it?

MoCS march: A test of faith and fortitude

Posted: 22 Jul 2011 11:24 AM PDT

By Mariam Mokhtar, FMT

An insecure government which feels threatened by calls for democratic reform and proper governance will, for political gain, find a religious or racial issue to attempt to combat any of the rakyat's demands.

In March, Francis Siah, the leader for the Movement for Change, Sarawak (MoCS), lodged a police report against Sarawak Chief Minister Taib Mahmud for corruption, money laundering and abuse of power.

Siah confirmed that his report contained allegations and accusations which had been made by Sarawak Report, the Bruno Manser Fund and various news portals and blogs. He also urged the police to conduct a thorough investigation into Taib's alleged crimes.

"It must be noted that most of the corruption and money laundering and blatant abuse of power have documentary evidence."

The MoCS rally on Aug 13 is a public protest against Taib's mis-rule and Siah is adamant that he has acted within the confines of the law.

"I want to assure the police that MoCS will not take part in any illegal gathering or rallies in Kuching or any other place.

"There is no need to monitor MoCS as we do things in accordance with the law."

Just like Bersih 2.0, the MoCS is a non-political movement born from the rakyat's desire to rid their nation of a dictator.

The rally by MoCS shares the same aims as the Bersih 2.0 "Walk for Democracy" in that Sarawakians also desire free, fair and clean elections and a demand to return to a government that listens to and works for the good of its people.

By Merdeka Day 2011, Sarawak will have celebrated 49 years of being part of Malaysia. For many Sarawakians, especially those from the interior, life has not progressed much in almost five decades.

The indigenous peoples may think they are liberated from colonial domination, only to find that they are shackled by the yoke of rule under Taib.

Sarawak has an abundance of natural resources and its people should be enjoying a reasonable standard of living from the riches of oil, minerals, timber and land. In reality, the wealth has not been shared equally. Taib and his cronies have helped themselves to Sarawak's riches and shared very little with its people.

Taib's target practice

Sarawak's corrupt leaders are not made accountable for their actions and instead of developing the nation, have developed a taste for the high life by robbing the poor.

Rather than helping the people by creating jobs, these politicians create opportunities for themselves in the form of contracts and land-grabs.

Instead of recognising the native customary right (NCR) lands of the indigenous peoples, those in positions of power have recognised opportunities only for themselves and in the process denied the Sarawakians their way of life and their ancestral rights. They have also destroyed the environment.

While the old reminisce about a land that was once abundant with wild life and riches that could be shared by all, a majority of the young only know of poverty, a low standard of living, a poor health system, a sub-standard education, poor infrastructure and broken or scattered families whose members are forced to seek work for a paltry wage either in the coastal towns or elsewhere.

Sarawak is blessed in that the different races are more integrated and tolerant of each other than in peninsular Malaysia.

READ MORE HERE.

Kredit: www.malaysia-today.net

Sabtu, 23 Julai 2011

Malaysia Today - Your Source of Independent News

Malaysia Today - Your Source of Independent News

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