Rabu, 31 Ogos 2011

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Rule of law or rule by law?

Posted: 30 Aug 2011 06:01 PM PDT

Whether these people can or cannot leave Islam is a matter for the Muslims to resolve. This has nothing to do with the church and the church cannot be subjected to Islamic laws. As far as the church is concerned, these people are no longer Muslims. But if there is no such thing as 'ex-Muslims', then a law needs to be passed stating so. Then the confusion will be cleared up. Then the church would be barred from preaching to anyone born a Muslim since the word 'murtad' would no longer be in the Muslim vocabulary.

NO HOLDS BARRED

Raja Petra Kamarudin

Malaysia has tens of thousands of lawyers. But how many lawyers actually 'practise law' or are most in this only for the money? Seldom do we hear lawyers speak out on what is right and what is wrong. It should be the job of lawyers to educate Malaysians as to what the law is all about. Only then can it be said that they are true to their profession.

Laws are man-made. Sometimes we say that these are God's laws or this is what God ordained. Invariably, all laws are made by man but blamed on God. Why are the lawyers not telling us this?

Just because it is law does not make it right. Are we talking about rule of law or rule by law? "What's the difference?" you may ask. A lot of difference! And it is the duty of lawyers to educate us on the difference between the rule of law and rule by law. 

Queen Elizabeth I ordered Parliament to appoint her as Governor of the Church. Since she was a woman, she could not be appointed as a proper head of the church like her father and brother before her -- which would tantamount to the position of the English Pope. So they made her the governor instead.

Then Elizabeth banned the practise and belief of the wafer as the body of Christ and wine as the blood of Christ. All the Catholic Bishops opposed this and they instigated the citizens to defy this new 'heretic' law.

The Bishops were all rounded up and imprisoned and replaced with Protestant Bishops. The Catholics were forced to go underground and to practise their faith in secret and behind closed doors. There were pockets of rebellion all over the Kingdom, even as far as Scotland where they deposed their Catholic Queen (later they chopped off her head as well).

Of course, this conflict between the Church and the Throne was not new. Even back in the days of Henry II, 400 years earlier, there was already a conflict and the Archbishop of Canterbury, Thomas Becket, was assassinated because of his conflict with the King over the rights and privileges of the Church.

So, was Elizabeth right? Of course, she had the power. But just because she had power and just because a law had been passed does this make it right? Who was Elizabeth to decide that this is what God ordained? Did God speak to her? Or was this merely a political move?

You see: England, then, was only South England. From York onwards, this was Catholic country. So, by getting rid of the Catholic faith, this meant England could unite and Scotland, if it turned Protestant, would become part of English territory.

Scotland was also aligned to France. And France was Catholic and the age-old enemy of England. So, by 'occupying' Protestant Scotland, this meant that the danger of a French invasion (through Scotland) would be eliminated. 

So there you have it. It was not about what God wanted. It was about what Elizabeth wanted. And Elizabeth wanted Scotland under her control. And she wanted the French Catholic Queen kicked out of Scotland. And she wanted the French army kicked out of Scotland. If not, her throne would be in jeopardy of a 'Catholic' invasion with a new Catholic Queen from Scotland installed onto the throne.

In short, Elizabeth had to control and dictate what is and is not acceptable religious beliefs and practises to be able to control England and get rid of the Scottish-French threat to her throne.

Elizabeth used religion to hold on to power. 

Today, we celebrate Merdeka. But how are we celebrating Merdeka? By raising the flag? By sleeping at home? Merdeka should be celebrated by respecting the 'Merdeka Agreement', which is basically the Federal Constitution.

How can we say we are remembering or honouring Merdeka when we do not respect the Constitution? The Constitution was the foundation of Merdeka. Without the Constitution there is no foundation and therefore no Merdeka.

This, the lawyers should tell the people far and wide, the length and breadth of Malaysia. The basis of our laws is the Constitution. However, many of our laws violate the Constitution.

Many things ail Malaysia. But I want to talk about only one ailment today. And this ailment, the latest in a series of ailments, is the conflict between Church and State brought on by the DUMC raid and the allegations made against the Church.

The DUMC raid was not the only conflict between Church and State. Earlier, we had the Allah issue, the Bahasa Malaysia Bible issue, and so on. It appears that all along the way the Church is in conflict with the State.

But has this not been so for more than 1,000 years? The Church has always had its differences with the State (or more like the State resented the power the Church had over the people and thus started the 'turf war' between the State and the Church).

Anyway, Article 3 and Article 11 of the Constitution are very clear (by right, lawyers ought to be talking to you about this, not me). Let us consider what it says.

Islam is the religion of the Federation. No dispute.

Other religions may be practised in peace and harmony. No dispute.

The Ruler is the Head of the religion of Islam in his State. No dispute.

Every religious group has the right to manage its own religious affairs. No dispute.

Every person has the right to profess and practise his religion and, subject to Clause (4), to propagate it. No Dispute.

There should be no propagation of any religious doctrine or belief among persons professing the religion of Islam. No dispute.

So, where is the dispute then?

Let's look at "Every religious group has the right to manage its own religious affairs". What does this mean? If the Christians want to publish a Bahasa Malaysia Bible, would this be under the clause of "manage its own religious affairs"? Can the government then dictate what language the Bible can and cannot be published?

Let's look at "Christianity cannot be propagated to persons professing the religion of Islam". But what if that person has announced that he or she has left Islam?

Now, you may say that once a person is born to Muslim parents then he or she is automatically a Muslim and a Muslim is a Muslim for life and cannot leave Islam. But that is between the Muslim and his 'Church'. Once a Muslim renounces Islam (murtad), he or she is an apostate. Technically, he or she is no longer a Muslim. 

The State may say that he or she is still a Muslim. That's according to the government. But in the 'eyes' of God, he or she is no longer a Muslim. He or she has become a murtad.

So, where is the crime here?

Actually, the issue is not that complicated. It is just that the lawyers would rather not get involved in this issue because it is very sensitive and Malays are a very emotional people who would run amok if they think that they cannot win by words and need to resort to violence to win an argument.

A true lawyer would educate us. Most lawyers, however, would remain silent and allow the ignorance to continue. And this ignorance has caused a lot of confusion.

In short: Christians cannot preach to Muslims. That is the law. But if that person has left Islam, technically, he or she is no longer a Muslim but an ex-Muslim. So, it is not against the law to preach Christianity to these people (who are technically not Muslims any more).

Whether these people can or cannot leave Islam is a matter for the Muslims to resolve. This has nothing to do with the church and the church cannot be subjected to Islamic laws. As far as the church is concerned, these people are no longer Muslims. But if there is no such thing as 'ex-Muslims', then a law needs to be passed stating so. Then the confusion will be cleared up. Then the church would be barred from preaching to anyone born a Muslim since the word 'murtad' would no longer exist in the Muslim vocabulary.

However, as it stands now, the word 'murtad' does exist. And this means Islam recognises the existence of 'ex-Muslims'.

So, where do we go from here? And why are the lawyers not speaking up?

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

Article 3 

    1. Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation.

    2. In every State other than States not having a Ruler the position of the Ruler as the Head of the religion of Islam in his State in the manner and to the extent acknowledged and declared by the Constitution, all rights, privileges, prerogatives and powers enjoyed by him as Head of that religion, are unaffected and unimpaired; but in any acts, observance or ceremonies with respect to which the Conference of Rulers has agreed that they should extend to the Federation as a whole each of the other Rulers shall in his capacity of Head of the religion of Islam authorize the Yang di-pertuan Agong to represent him. 

    3. The Constitution of the States of Malacca, Penang, Sabah and Sarawak shall each make provision for conferring on the Yang di-Pertuan Agong shall be Head of the religion of Islam in that State.

    4. Nothing in this Article derogates from any other provision of this Constitution.

    5. Notwithstanding anything in this Constitution the Yang di-Pertuan Agong shall be the Head of the religion of Islam in the Federal Territories of Kuala Lumpur and Labuan; and for this purpose Parliament may by law make provisions for regulating Islamic religious affairs and for constituting a Council to advise the Yang di-Pertuan Agong in matters relating to the religion of Islam.

Article 11

    1. Every person has the right to profess and practice his religion and, subject to Clause (4), to propagate it.

    2. No person shall be compelled to pay any tax the proceeds of which are specially allocated in whole or in part for the purposes of a religion other than his own.

    3. Every religious group has the right -

        (a) to manage its own religious affairs;

        (b) to establish and maintain institutions for religious or charitable purposes; and

        (c) to acquire and own property and hold and administer it in accordance with law.

    4. State law and in respect of the Federal Territories of Kuala Lumpur and Labuan, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam.

    5. This Article does not authorize any act contrary to any general law relating to public order, public health or morality.

 
Kredit: www.malaysia-today.net

Malaysia Today - Your Source of Independent News

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Yes, Najib, let’s not forget my family’s contribution to Merdeka

Posted: 30 Aug 2011 07:38 PM PDT

I have a legitimate right to say my piece and comment on what is wrong with Malaysia. After all, my grandfather was one of the founding fathers of an independent Malaya. Malaysia would not be what it is today if not for my family as well. And if Malaysia has deviated from what the founding fathers had planned for the country, then it is my duty to speak up and oppose this deviation. 

THE CORRIDORS OF POWER

Raja Petra Kamarudin

PM: Don't forget sacrifices of past leaders 

Their sacrifices in freeing Malaysia from the colonialists must be remembered, says Najib.

(Bernama) -- Prime Minister Najib Tun Razak today reminded the people not to forget the sacrifices of past leaders in freeing Malaysia from the colonialists.

He said that while Muslims were celebrating Aidilfitri, which entered its second day today, they should never forget the achievements of leaders who won the nation its independence.

"In the joy of Aidilfitri, I hope we do not forget the struggles of our forefathers in fighting for the country's independence. Happy 54th Merdeka Day," he said in a Twitter feed.

This year's National Day, carrying the slogan "1Malaysia: Successful Transformation, Prosperous People", is slightly different in that it will be celebrated simultaneously with Malaysia Day on Sept 16.

Yesterday, at the Aidilfitri open house of the prime minister and cabinet ministers at Seri Perdana in Putrajaya, Najib cut a cake in a symbolic gesture to mark National Day.

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

Najib Tun Razak and the Umno leaders always talk about how Umno 'struggled' and 'sacrificed' to gain independence for Malaysia. On this day, Merdeka Day, they want us to remember those people who sacrificed and struggled for their country.

Actually, the Umno people were not the only ones who made Malaysia into what it is today. Many non-Umno people also contributed. In fact, they led the struggle for Merdeka. They were at the frontline of the fight for Merdeka.

My grandfather, Raja Sir Tun Uda, was one such man of many.

I have a legitimate right to say my piece and comment on what is wrong with Malaysia. After all, my grandfather was one of the founding fathers of an independent Malaya. Malaysia would not be what it is today if not for my family as well. And if Malaysia has deviated from what the founding fathers had planned for the country, then it is my duty to speak up and oppose this deviation. 

I am not a treasonous Malaysian, as what Umno accuses me to be. I am a loyal Malaysian, maybe even a patriot. I am just continuing the tradition established by my family in ensuring that Malaysia remains a just country that respects the equality and freedom of its citizens. 

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

This is what Wikipedia said about Raja Sir Tun Uda:

Raja Uda was a member of the Selangor royal family, being a distant cousin of Sultan Hisamuddin Alam Shah and a direct descendant of the first Sultan of Selangor. He married Sultan Hisamuddin's sister, Tengku Badariah binti Sultan Alaeddin Sulaiman Shah.

Raja Uda joined the colonial government service in 1910 at age 16. In 1939, he was appointed the Secretary to the British Resident of Selangor. He was Menteri Besar of Selangor twice, from 1949 to 1953, and again from 1954 to 1955. In between, Raja Uda served as Malayan High Commissioner in the United Kingdom.

Raja Uda was involved in negotiations with the British to establish the Member System (see note 1 below) in the 1950s.

In 1951, Raja Uda was appointed a CMG and appointed a Knight Commander of the Most Excellent Order of the British Empire in 1953, entitling him to the style "Sir," since the Federation of Malaya was then a realm of the British Empire. Following the first ever general election in 1955, Raja Uda was appointed Speaker of the Federal Legislative Council (see note 2 below).

On August 31, 1957, the day of independence, Raja Uda was appointed the first Governor of the state of Penang and served for ten years.

The Federal Legislative Council (also known simply as the Legislative Council) was the legislative body of the Federation of Malaya and the predecessor of the Malaysian Parliament. It was formed in 1948 after the abolition of the Malayan Union and the formation of the Federation, as part of the United Kingdom's promise to grant self-rule to the Malayans. The council convened in Kuala Lumpur.

The council was composed of representatives from the Malay, the Chinese and the Indian communities. Initially, all representatives were appointed by the British High Commissioner for Malaya.

In 1955, a general election was held for the first time. 52 seats were contested, with the majority party earning the right to appoint seven more. In the election, the Alliance Party contested all 52 seats and won 51, while the Pan-Malayan Islamic Party won the remaining seat.

NOTES: 

(1) The Member System, modeled on the cabinet system, was created by British authorities in Malaysia to provide self-governance. Like the Communities Liaison Committee, it drew on members of different communities, and was later described as setting a precedent for the power-sharing multiracial Malayan and Malaysian cabinets post-independence. 

(2) The Federal Legislative Council passed the Malayan Constitution (later, the Malaysian Constitution) on August 15, 1957. Malaya gained independence on August 31, 1957.

Raja Sir Tun Uda was the Menteri Besar of Selangor from 1949 to 1953 and again from 1954 to 1955. In between that he was the Malayan High Commissioner to the UK. He was never an Umno member (or even a politician) and his appointment as MB was not a political appointment.

Raja Sir Tun Uda, the First Governor of Penang, and his family (my uncles and aunty).

 
Kredit: www.malaysia-today.net

Malaysia Today - Your Source of Independent News

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Yes, Najib, let’s not forget my family’s contribution to Merdeka

Posted: 30 Aug 2011 07:38 PM PDT

I have a legitimate right to say my piece and comment on what is wrong with Malaysia. After all, my grandfather was one of the founding fathers of an independent Malaya. Malaysia would not be what it is today if not for my family as well. And if Malaysia has deviated from what the founding fathers had planned for the country, then it is my duty to speak up and oppose this deviation. 

THE CORRIDORS OF POWER

Raja Petra Kamarudin

PM: Don't forget sacrifices of past leaders 

Their sacrifices in freeing Malaysia from the colonialists must be remembered, says Najib.

(Bernama) -- Prime Minister Najib Tun Razak today reminded the people not to forget the sacrifices of past leaders in freeing Malaysia from the colonialists.

He said that while Muslims were celebrating Aidilfitri, which entered its second day today, they should never forget the achievements of leaders who won the nation its independence.

"In the joy of Aidilfitri, I hope we do not forget the struggles of our forefathers in fighting for the country's independence. Happy 54th Merdeka Day," he said in a Twitter feed.

This year's National Day, carrying the slogan "1Malaysia: Successful Transformation, Prosperous People", is slightly different in that it will be celebrated simultaneously with Malaysia Day on Sept 16.

Yesterday, at the Aidilfitri open house of the prime minister and cabinet ministers at Seri Perdana in Putrajaya, Najib cut a cake in a symbolic gesture to mark National Day.

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

Najib Tun Razak and the Umno leaders always talk about how Umno 'struggled' and 'sacrificed' to gain independence for Malaysia. On this day, Merdeka Day, they want us to remember those people who sacrificed and struggled for their country.

Actually, the Umno people were not the only ones who made Malaysia into what it is today. Many non-Umno people also contributed. In fact, they led the struggle for Merdeka. They were at the frontline of the fight for Merdeka.

My grandfather, Raja Sir Tun Uda, was one such man of many.

I have a legitimate right to say my piece and comment on what is wrong with Malaysia. After all, my grandfather was one of the founding fathers of an independent Malaya. Malaysia would not be what it is today if not for my family as well. And if Malaysia has deviated from what the founding fathers had planned for the country, then it is my duty to speak up and oppose this deviation. 

I am not a treasonous Malaysian, as what Umno accuses me to be. I am a loyal Malaysian, maybe even a patriot. I am just continuing the tradition established by my family in ensuring that Malaysia remains a just country that respects the equality and freedom of its citizens. 

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

This is what Wikipedia said about Raja Sir Tun Uda:

Raja Uda was a member of the Selangor royal family, being a distant cousin of Sultan Hisamuddin Alam Shah and a direct descendant of the first Sultan of Selangor. He married Sultan Hisamuddin's sister, Tengku Badariah binti Sultan Alaeddin Sulaiman Shah.

Raja Uda joined the colonial government service in 1910 at age 16. In 1939, he was appointed the Secretary to the British Resident of Selangor. He was Menteri Besar of Selangor twice, from 1949 to 1953, and again from 1954 to 1955. In between, Raja Uda served as Malayan High Commissioner in the United Kingdom.

Raja Uda was involved in negotiations with the British to establish the Member System (see note 1 below) in the 1950s.

In 1951, Raja Uda was appointed a CMG and appointed a Knight Commander of the Most Excellent Order of the British Empire in 1953, entitling him to the style "Sir," since the Federation of Malaya was then a realm of the British Empire. Following the first ever general election in 1955, Raja Uda was appointed Speaker of the Federal Legislative Council (see note 2 below).

On August 31, 1957, the day of independence, Raja Uda was appointed the first Governor of the state of Penang and served for ten years.

The Federal Legislative Council (also known simply as the Legislative Council) was the legislative body of the Federation of Malaya and the predecessor of the Malaysian Parliament. It was formed in 1948 after the abolition of the Malayan Union and the formation of the Federation, as part of the United Kingdom's promise to grant self-rule to the Malayans. The council convened in Kuala Lumpur.

The council was composed of representatives from the Malay, the Chinese and the Indian communities. Initially, all representatives were appointed by the British High Commissioner for Malaya.

In 1955, a general election was held for the first time. 52 seats were contested, with the majority party earning the right to appoint seven more. In the election, the Alliance Party contested all 52 seats and won 51, while the Pan-Malayan Islamic Party won the remaining seat.

NOTES: 

(1) The Member System, modeled on the cabinet system, was created by British authorities in Malaysia to provide self-governance. Like the Communities Liaison Committee, it drew on members of different communities, and was later described as setting a precedent for the power-sharing multiracial Malayan and Malaysian cabinets post-independence. 

(2) The Federal Legislative Council passed the Malayan Constitution (later, the Malaysian Constitution) on August 15, 1957. Malaya gained independence on August 31, 1957.

Raja Sir Tun Uda was the Menteri Besar of Selangor from 1949 to 1953 and again from 1954 to 1955. In between that he was the Malayan High Commissioner to the UK. He was never an Umno member (or even a politician) and his appointment as MB was not a political appointment.

Raja Sir Tun Uda, the First Governor of Penang, and his family (my uncles and aunty).

 

Rule of law or rule by law?

Posted: 30 Aug 2011 06:01 PM PDT

Whether these people can or cannot leave Islam is a matter for the Muslims to resolve. This has nothing to do with the church and the church cannot be subjected to Islamic laws. As far as the church is concerned, these people are no longer Muslims. But if there is no such thing as 'ex-Muslims', then a law needs to be passed stating so. Then the confusion will be cleared up. Then the church would be barred from preaching to anyone born a Muslim since the word 'murtad' would no longer be in the Muslim vocabulary.

NO HOLDS BARRED

Raja Petra Kamarudin

Malaysia has tens of thousands of lawyers. But how many lawyers actually 'practise law' or are most in this only for the money? Seldom do we hear lawyers speak out on what is right and what is wrong. It should be the job of lawyers to educate Malaysians as to what the law is all about. Only then can it be said that they are true to their profession.

Laws are man-made. Sometimes we say that these are God's laws or this is what God ordained. Invariably, all laws are made by man but blamed on God. Why are the lawyers not telling us this?

Just because it is law does not make it right. Are we talking about rule of law or rule by law? "What's the difference?" you may ask. A lot of difference! And it is the duty of lawyers to educate us on the difference between the rule of law and rule by law. 

Queen Elizabeth I ordered Parliament to appoint her as Governor of the Church. Since she was a woman, she could not be appointed as a proper head of the church like her father and brother before her -- which would tantamount to the position of the English Pope. So they made her the governor instead.

Then Elizabeth banned the practise and belief of the wafer as the body of Christ and wine as the blood of Christ. All the Catholic Bishops opposed this and they instigated the citizens to defy this new 'heretic' law.

The Bishops were all rounded up and imprisoned and replaced with Protestant Bishops. The Catholics were forced to go underground and to practise their faith in secret and behind closed doors. There were pockets of rebellion all over the Kingdom, even as far as Scotland where they deposed their Catholic Queen (later they chopped off her head as well).

Of course, this conflict between the Church and the Throne was not new. Even back in the days of Henry II, 400 years earlier, there was already a conflict and the Archbishop of Canterbury, Thomas Becket, was assassinated because of his conflict with the King over the rights and privileges of the Church.

So, was Elizabeth right? Of course, she had the power. But just because she had power and just because a law had been passed does this make it right? Who was Elizabeth to decide that this is what God ordained? Did God speak to her? Or was this merely a political move?

You see: England, then, was only South England. From York onwards, this was Catholic country. So, by getting rid of the Catholic faith, this meant England could unite and Scotland, if it turned Protestant, would become part of English territory.

Scotland was also aligned to France. And France was Catholic and the age-old enemy of England. So, by 'occupying' Protestant Scotland, this meant that the danger of a French invasion (through Scotland) would be eliminated. 

So there you have it. It was not about what God wanted. It was about what Elizabeth wanted. And Elizabeth wanted Scotland under her control. And she wanted the French Catholic Queen kicked out of Scotland. And she wanted the French army kicked out of Scotland. If not, her throne would be in jeopardy of a 'Catholic' invasion with a new Catholic Queen from Scotland installed onto the throne.

In short, Elizabeth had to control and dictate what is and is not acceptable religious beliefs and practises to be able to control England and get rid of the Scottish-French threat to her throne.

Elizabeth used religion to hold on to power. 

Today, we celebrate Merdeka. But how are we celebrating Merdeka? By raising the flag? By sleeping at home? Merdeka should be celebrated by respecting the 'Merdeka Agreement', which is basically the Federal Constitution.

How can we say we are remembering or honouring Merdeka when we do not respect the Constitution? The Constitution was the foundation of Merdeka. Without the Constitution there is no foundation and therefore no Merdeka.

This, the lawyers should tell the people far and wide, the length and breadth of Malaysia. The basis of our laws is the Constitution. However, many of our laws violate the Constitution.

Many things ail Malaysia. But I want to talk about only one ailment today. And this ailment, the latest in a series of ailments, is the conflict between Church and State brought on by the DUMC raid and the allegations made against the Church.

The DUMC raid was not the only conflict between Church and State. Earlier, we had the Allah issue, the Bahasa Malaysia Bible issue, and so on. It appears that all along the way the Church is in conflict with the State.

But has this not been so for more than 1,000 years? The Church has always had its differences with the State (or more like the State resented the power the Church had over the people and thus started the 'turf war' between the State and the Church).

Anyway, Article 3 and Article 11 of the Constitution are very clear (by right, lawyers ought to be talking to you about this, not me). Let us consider what it says.

Islam is the religion of the Federation. No dispute.

Other religions may be practised in peace and harmony. No dispute.

The Ruler is the Head of the religion of Islam in his State. No dispute.

Every religious group has the right to manage its own religious affairs. No dispute.

Every person has the right to profess and practise his religion and, subject to Clause (4), to propagate it. No Dispute.

There should be no propagation of any religious doctrine or belief among persons professing the religion of Islam. No dispute.

So, where is the dispute then?

Let's look at "Every religious group has the right to manage its own religious affairs". What does this mean? If the Christians want to publish a Bahasa Malaysia Bible, would this be under the clause of "manage its own religious affairs"? Can the government then dictate what language the Bible can and cannot be published?

Let's look at "Christianity cannot be propagated to persons professing the religion of Islam". But what if that person has announced that he or she has left Islam?

Now, you may say that once a person is born to Muslim parents then he or she is automatically a Muslim and a Muslim is a Muslim for life and cannot leave Islam. But that is between the Muslim and his 'Church'. Once a Muslim renounces Islam (murtad), he or she is an apostate. Technically, he or she is no longer a Muslim. 

The State may say that he or she is still a Muslim. That's according to the government. But in the 'eyes' of God, he or she is no longer a Muslim. He or she has become a murtad.

So, where is the crime here?

Actually, the issue is not that complicated. It is just that the lawyers would rather not get involved in this issue because it is very sensitive and Malays are a very emotional people who would run amok if they think that they cannot win by words and need to resort to violence to win an argument.

A true lawyer would educate us. Most lawyers, however, would remain silent and allow the ignorance to continue. And this ignorance has caused a lot of confusion.

In short: Christians cannot preach to Muslims. That is the law. But if that person has left Islam, technically, he or she is no longer a Muslim but an ex-Muslim. So, it is not against the law to preach Christianity to these people (who are technically not Muslims any more).

Whether these people can or cannot leave Islam is a matter for the Muslims to resolve. This has nothing to do with the church and the church cannot be subjected to Islamic laws. As far as the church is concerned, these people are no longer Muslims. But if there is no such thing as 'ex-Muslims', then a law needs to be passed stating so. Then the confusion will be cleared up. Then the church would be barred from preaching to anyone born a Muslim since the word 'murtad' would no longer exist in the Muslim vocabulary.

However, as it stands now, the word 'murtad' does exist. And this means Islam recognises the existence of 'ex-Muslims'.

So, where do we go from here? And why are the lawyers not speaking up?

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

Article 3 

    1. Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation.

    2. In every State other than States not having a Ruler the position of the Ruler as the Head of the religion of Islam in his State in the manner and to the extent acknowledged and declared by the Constitution, all rights, privileges, prerogatives and powers enjoyed by him as Head of that religion, are unaffected and unimpaired; but in any acts, observance or ceremonies with respect to which the Conference of Rulers has agreed that they should extend to the Federation as a whole each of the other Rulers shall in his capacity of Head of the religion of Islam authorize the Yang di-pertuan Agong to represent him. 

    3. The Constitution of the States of Malacca, Penang, Sabah and Sarawak shall each make provision for conferring on the Yang di-Pertuan Agong shall be Head of the religion of Islam in that State.

    4. Nothing in this Article derogates from any other provision of this Constitution.

    5. Notwithstanding anything in this Constitution the Yang di-Pertuan Agong shall be the Head of the religion of Islam in the Federal Territories of Kuala Lumpur and Labuan; and for this purpose Parliament may by law make provisions for regulating Islamic religious affairs and for constituting a Council to advise the Yang di-Pertuan Agong in matters relating to the religion of Islam.

Article 11

    1. Every person has the right to profess and practice his religion and, subject to Clause (4), to propagate it.

    2. No person shall be compelled to pay any tax the proceeds of which are specially allocated in whole or in part for the purposes of a religion other than his own.

    3. Every religious group has the right -

        (a) to manage its own religious affairs;

        (b) to establish and maintain institutions for religious or charitable purposes; and

        (c) to acquire and own property and hold and administer it in accordance with law.

    4. State law and in respect of the Federal Territories of Kuala Lumpur and Labuan, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam.

    5. This Article does not authorize any act contrary to any general law relating to public order, public health or morality.

 

Dr Wan Azizah: Nation still politically, economically oppressed

Posted: 30 Aug 2011 04:15 PM PDT

(The Malaysian Insider) - KUALA LUMPUR, Aug 31 — PKR president Datuk Seri Dr Wan Azizah Wan Ismail today urged Malaysians to give meaning to what she called "total" independence by seeking freedom from political, economic, moral and social oppression.

 

In her National Day message, the opposition leader said that the country may have been freed from colonial British rule in 1957, but its people remained oppressed economically while its top leaders spent the nation's money on personal interests.

"Independence does not necessarily translate as just freedom from colonial oppression. In fact, it covers all aspects of life, politics, economy, moral and society," she said.

"Every day, we seem fated to 'sacrifice' and change our lifestyles to survive. But millions of ringgit are being spent without thinking of the impact on the rakyat," she added.

The former Permatang Pauh MP called for the country to prepare an economic infrastructure that would allow the nation's wealth to be shared without racial and religious limits, adding that such a plan would form the basis for "openness" that will pave the way forward, especially for the younger generation who stand to govern the country one day.

As a reminder, Dr Wan Azizah said her party sought to free the rakyat from economic pressures, to gain freedom in understanding and beliefs, to give the younger generation room to develop character and morals, and to ensure the burdens of education loans to undergraduates are managed well so that academic excellence can go on to restore the nation's pride and dignity.

"Let us give true meaning to independence by freeing ourselves from the grip of oppression to build a peaceful and harmonious nation among all races," she said.

Baram Dam: Lying govt and big companies

Posted: 30 Aug 2011 04:09 PM PDT

 

By Joseph Tawie, FMT

KUCHING: The deceitful and insidious manner by which the state government is going about with the construction of the Baram Dam has angered the Orang Ulu communities in the dam project vicinity.

Orang Ulu National Association Miri (OUNA) chairman Pete Kallang said: "As one of those affected I just can't understand this injustice and this outrageous and abusive exploitation.

"Why, it could be seen as an act in complete disregard for our well-being and opinion.

"This could be proven by the priority given to the preparatory construction activities done even before the proper Social Impact Assessment (SIA) and the Environmental Impact Assessment (EIA) are completed or perhaps not even started and made accessible to affected and interested parties.

"In doing this, it seems the construction of the dam is to be implemented whatever the findings or recommendations that would eventually be available if and when the EIA or SIA is done," he said.

Kallang added that during a recent meeting with the affected locals, he was shocked to hear the headman saying that the government would not build the dam.

"The reaction by this particular headman reflects the effectiveness of the discreet process practised in building the dam.

"The dam construction is one dark secret kept away from those living in Baram.

"If it is occasionally mentioned by the proponents, the subject would be down-played, and watered-down with downright euphemism.

Civilization under threat

The reality, he said, was different as reported in the media.

"We learned from newspaper reports and information dripping from the project supporters speaks of an affected area covering 38,900 hectares (389 sq km) or half of the size of Singapore island.

"It will be constructed of around 180 meters above sea level and will generate 1,200 MW of electrical power.

"At least 90% of the land mass which will be flooded by the dam reservoir will be the Native Customary Rights (NCR) land.

"Relocation of the 20,000 people to make way for the Baram Dam will definitely result in a permanent social damage.

He said the Kenyah and Kayan people traditionally live in longhouses and mass relocation of the people will no doubt spell the end of the traditional social structure.

According to Kallang the construction of the dam is a 'senseless' exploitation of resources "which is primarily driven by avarice coupled with immorality'.

"But for us who are directly and adversely affected parties, no one can blame us in thinking that this is a calculated, intentional and purposeful manoeuvre to wipe out our races.

"The dam will not only cause the colossal environmental devastation and severe consequences on the ecosystem, but it will also rage a permanent degeneration of the ethnic identity and heritage of the natives who live in the region.

Only big companies benefit

Kallang, who is also the chairman of the Kenyah Association in Miri, said whilst the bulk of those affected were from the Kenyah community, the other groups affected included the Kayans and Penans.

"These are also the same majority groups of people who are most affected by the Bakun Dam which has just been commissioned.

 

READ MORE HERE.

A wish list of freedoms

Posted: 30 Aug 2011 04:05 PM PDT

By Marina Mahathir, The Star

We still need the fundamental freedoms that every human being desires, especially freedom of speech and expression. Our foreparents understood 54 years ago that we had a fundamental right to freedom and self-determination.

FIRST of all, let me wish everyone Selamat Hari Raya Aidilfitri. Also, as the days happen to almost coincide this year, Selamat Hari Merdeka. In many ways, this is very significant.

Raya is the day we free ourselves from a month of abstinence and restraint. Ramadan is a time for reflection on what good we have, or have not, done over the past year. It is a time to ask for forgiveness for our past sins and mistakes, and hurt we may have caused others.

Sadly, this Ramadan has hardly been an exemplary one. With insults galore, shouting and screaming, burning and threats, it has hardly been one of restraint and reflection, at least on the part of public figures. Nor was there any sense of shame at these violations of the good and holy month.

Since Raya coincides with Merdeka this year, I thought I would write a list of freedoms we should give ourselves in these coming months, besides the freedom to now eat.

First, let us have Freedom from Imagined Slights. I am sick and tired of the people who have nothing better to do than scour the media for all sorts of insults, while at the same time feeling entitled to slight others.

Some people's skin is stretched so thinly over their rounded bulks it's a wonder it hasn't ripped. Every little imagined offence calls for protests and demos, almost always outside mosques after Friday prayers. One wonders if God feels slighted at this trespassing on His property, which should be oases of calm and tranquility.

As a corollary to that, let us also have Freedom from One-Sided Prosecutions. For example, some people seem to insist on having the monopoly on being sensitive. Everyone else is assumed to have thick skin, so much so that it is now apparently OK to insult people to their faces.

Thus, action is taken only when they have been offended, but never when they offend others. One has to wonder what is so great about displaying such thin skin? Won't you wither under the sun?

Let us also demand Freedom from the Forgetful Politician, that is, those who forgot who voted them in. First off are those who insist that we should be grateful that they are there to lead us. Talk about a circular argument!

Then there are those who, although usually insisting that Malaysians are a unique species of people, totally different from everyone else in the world, are then quick to equate those same Malaysians with the worst of foreigners, those who riot, loot and destroy property.

Makes you wonder how that gels with our tourism campaigns. Are we supposed to be nice hospitable people or rioters?

One great freedom that I really wish we would give ourselves is Freedom from Snoopers, especially those intent on sticking their noses into our private lives. If one wants to create a moral society, then let's widen that definition to include ethics instead of just keeping it totally focused on our sex lives.

A moral society is not just one where everyone behaves well sexually, if such a thing even exists, but also where people feel a strong civic duty to uphold the law, not be corrupt, treat the poorest and most vulnerable well, and protect and preserve the environment.

Instead, we have increasing official "busybodiness" coupled with the encouragement of society to be bu­sybodies. Thus our young feel that they are constantly under suspicion of doing something bad, even when they are not. Does this stop all sorts of social ills? Of course not.

Indeed we should also demand Freedom from the Ostrich, the stick-their-heads-in-the-sand attitude that insists that some things just don't exist in our country. On the one hand there are people who see a conspiracy under every pebble and on the other there are those who just refuse to connect the dots.

For example, young people don't have to become pregnant outside marriage if we educate them and provide the services they need to make the best choices. Instead, we refuse to educate them and then blame them for having babies out of wedlock. Some even insist that the solution is to marry them off early.

That's where we need Freedom from the Short-sighted, those who only think in terms of short-term solutions and not the harm that will come many years down the line.

At heart, however, we still need the fundamental freedoms that every human being desires, especially freedom of speech and expression. Without these, the Snoopers, Ostriches, Short-sighted and all these others will continue to thrive and make our lives miserable.

Our foreparents understood that we had a fundamental right to freedom and self-determination 54 years ago. Let's not forget that the next time we vote.

Merdeka!

 

Australian High Court rules against refugee swap deal with M'sia

Posted: 30 Aug 2011 03:21 PM PDT

(AP/Bernama) - Australia's highest court has ruled that Australia cannot send asylum seekers to Malaysia as part of a new refugee swap deal.

The High Court reached a 5-2 majority decision on Wednesday to make permanent an injunction that has stood since Aug 8 and prevented Australia transferring 800 asylum seekers to Malaysia in return for Malaysia sending 4,000 registered refugees for resettlement.

The decision is a blow to Prime Minister Julia Gillard's government, which struck the deal with Malaysia to deter thousands of asylum seekers from Middle Eastern and Asian countries from attempting to reach Australia by boat.

The court said in a statement that Malaysia has not signed the U.N. Refugee Convention and the deal with Australia did not legally bind Malaysia to recognise the status of refugees under its domestic law.

It also said Immigration Minister Chris Bowen had no legal power to remove from Australia asylum seekers whose refugee claims have not yet been determined.

The case was brought to the court by 41 asylum-seekers who had appealed against their forced transfer to Kuala Lumpur from Christmas Island, "The Australian" newspaper said.

They were to be the first group of asylum-seekers to be moved to Malaysia after the government's formal signing in July of the deal to send 800 boat people to Malaysia, in return for 4,000 confirmed refugees.

If the Australian government now abandons the refugee swap deal, it will still be bound under the deal to accept the 4,000 refugees from Malaysia, while being unable to send 800 asylum-seekers there for processing.

 

Malay liberty, its trust and faith in Umno

Posted: 30 Aug 2011 03:02 PM PDT

After more than 50 years of independence, wealth distribution among the races and within the Malays themselves is not improving.

How does the Malay understand the concept of a Malay nation? Looking from a Malay perspective, the following are the traits of a Malay nation. They understand it as being the homeland of the Malays, where the religion is Islam, its culture as that practised by Malays, Bahasa Melayu is the official language.

Mohd Ariff Sabri Aziz, Free Malaysia Today

What does Umno mean to the Malays and to me?

Like the American declaration of independence, Malays hold some inalienable rights, among these are the right to protect the religion of Islam, the rights on the Malay language, culture and ethnic identity and finally the right over this country.

And to secure these rights, Umno was formed. Umno is relevant for as long as it remains loyal to these rights. Or if it can reinterpret these rights better.

These fundamentals on which Umno was constructed can be said to be the ABC of Umno's mission.

'A' stands for agama or religion, 'B' is for bangsa, bahasa and budaya (race, language and culture) and C is the country.

Some of the readers may find the comparison between the fundamentals of Umno's creation with the American declaration of independence disrespectful.

America, after all, is the most powerful nation on earth. It is the only superpower.

My response is why should we be ashamed of declaring what we stand for? This is the basic fault of the current Umno leadership – it no longer gives effect and substance to these fundamentals.

Right to self-determination

How does the Malay understand the concept of a Malay nation?

Looking from a Malay perspective, the following are the traits of a Malay nation. They understand it as being the homeland of the Malays, where the religion is Islam, its culture as that practised by Malays, Bahasa Melayu is the official language.

They understand it to be a land where the monarchy system remains an integral part of their cultural and political heritage.

They understand it to mean that Malays will control some degree of the economy. They understand it further as an embodiment of the inalienable right of self determination.

Having understood this, in the end, the unpopular idea of a Malayan Union was rejected way back in history.

Umno was the driving force behind this rejection. The Malay race is indebted to Umno.

After the first general election in 1955, Umno led the other non Malay political parties to form the government. In 1957, Umno gained independence for us. Since then, this country has developed in leaps and bounds.

Yes yes, the Umno Rottweilers and Dobermans can repeat ad nauseum the achievements of the government – Felda land schemes, modern amenities, schooling etc etc.

Yes, we are indebted to Umno but never, never were we enslaved by, nor were we hostage to Umno.

Trust must be protected

What are the foundations of Umno's relevance? To my mind it is Malay nationalism.

This is the overriding thread that binds all other Malay interests. All other interests are subsumed under the force of nationalism.

Malay nationalism is about primacy of Malay interests. They must be protected, expanded and defended. This was the basis of trust given by the Malays to Umno.

I fear these interests are perceived as being watered down by the Malay public. It is watered down by weak implementation, failure by Umno to provide leadership, by rhetoric more than substance, by mere words more than action.

These sentiments and emotions emanate from the breasts of ordinary man, not those in the halls of Putra World Trade Centre.

These powerful forces can only be sustained on the backs of economic and educational strength, areas in which the Malays are weaker by the day.

READ MORE HERE

 

Merdeka! Are we truly free?

Posted: 30 Aug 2011 02:57 PM PDT

Corruption, nepotism, cronyism and the abuse of the judiciary and legislation have marred the significance of Aug 31.

Had the country's Merdeka been given due respect, the rights and sentiments of its people of all races would have been equally respected. We would not have had the incident where former prime minister Dr Mahathir Mohamad cautioned the non-Malays to "behave" themselves if they were to continue living in this country. For Malaysia, he said, belongs to the Malays, simply because at one time this nation was called Tanah Melayu (the Malay land).

Jeswan Kaur, Free Malaysia Today

Aug 31 is a day of reflection, of taking cognisance of the fact that the country's independence or Merdeka can no longer be taken for granted, that too by the "keepers" of this nation.

Regrettably, it is the "powers that be" that have marred the meaning of Merdeka. Corruption, nepotism, cronyism and the abuse of the judiciary and legislation have marred the significance of Merdeka, especially for the younger generation.

Instead of imparting profound meaning to Malaysians, Aug 31 had been reduced from the sublime to the ridiculous by the power-hungry and "self-first" politicians-leaders of this country.

The fact is Malaysia is "independent" but only in name, not in act. The existence of draconian laws that are continuously abused by the "powers that be" to safeguard its position have turned the understanding of Merdeka into a laughing stock.

To worsen matters, politicians never tire of playing the racial card, not the least bothered that they have relegated the nation's Merdeka, the respect all but diminished. As for patriotism, it had become very much a case of "to each their own".

Had the country's Merdeka been given due respect, the rights and sentiments of its people of all races would have been equally respected. We would not have had the incident where former prime minister Dr Mahathir Mohamad cautioned the non-Malays to "behave" themselves if they were to continue living in this country. For Malaysia, he said, belongs to the Malays, simply because at one time this nation was called Tanah Melayu (the Malay land).

If Merdeka held any meaning to the country's leadership, there would have been no such case where the present deputy prime minister Muhyiddin Yassin unabashedly proclaimed that he is a "Malay first and Malaysian second".

Misusing the keris

Had the meaning of Merdeka been understood by Umno, the country's dominant party championing Malay rights, its key players would not have misused the keris or Malay dagger by swaying it at the party's general assemblies to remind the non-Malays to back off from questioning Malay rights.

Under Article 153 of the country's Federal Constitution, the Malay rights are guaranteed, thereby creating a deadlock as far as debating these privileges is concerned.

Indeed, if Merdeka truly holds meaning, the Aug 28, 2009 episode would not have happened – where a cow head that had been severed was stepped on by a group of angry Malays who could not tolerate and accept the fact that a Hindu temple would soon be built in their neighbourhood of Section 23 in Shah Alam. Merdeka, really?

What was unbelievable was that such an act of desecration went on to receive the support of the Home Minister Hishammuddin Hussein. Did he not know that the cow is considered a sacred animal to Hindus? Merdeka, are we?

Yes, the painful truth is that Merdeka is no longer synonymous with freedom or liberty, more recently depicted by the July 9, 2011 "Walk for Democracy" rally calling for free and fair elections.

The police brutality vis-à-vis tear gas and water canons and beatings would always serve to remind Malaysians that they, albeit living in an independent and democratic nation, have no avenue to voice out their unhappiness with the government.

The Barisan Nasional-government which had been ruling the country since 1957 is no longer taking any chances, not after the political debacle it faced three years ago, when it lost five states to the opposition in the 12th general election.

The BN-agenda now is to, by hook or crook, silent all dissenting voices and impress a rosy picture of the country, the aim being to give BN the chance to enjoy the two-third majority that was denied in 2008.

Merdeka –but from whom?

The federal government's refusal to do away with draconian laws such as the Internal Security Act 1960, the Emergency Ordinance (Public Order and Prevention of Crime) 1969 and the prohibitive Official Secrets Act 1972 and Printing Presses and Publications Act 1984 all confirm that Merdeka had long been manipulated by the BN-government and Umno, both of whom are led by Prime Minister Najib Tun Razak.

The June 26, 2011 arrest of 30 activists from Parti Sosialis Malaysia under trumped up claims of waging war against the country's monarch and spreading subversive beliefs is another proof that truth has no place in the heart of the country's leadership.

To summon the police to "finish off" certain people because of the "danger" they pose had put the police force in a shameful position. Deaths in police cells have become the norm more than an exception. The Najib-led government's refusal to acknowledge the importance of the Independent Police Complaints and Misconduct Commission (IPCMC) in helping reform the police force signals that all is definitely not well where Malaysia's democracy and Merdeka are concerned.

Tampering with the country's judiciary to stifle the truth, as seen from the "suicide verdict" announced in the case of the DAP-aide Teoh Beng Hock and detainee A Kugan who ended up dead while in police custody give the rakyat much reason to question the validity of Aug 31.

When long-serving estate workers as in the case of the Bukit Jalil estate residents are made homeless by City Hall under the pretext of development, can they be blamed for questioning if Merdeka truly exists for Malaysians?

Unity vital for Merdeka

Does unity i.e. camaraderie between the rakyat exist? If the non-Malays are incessantly chastised and threatened, as done by the extremist Malay-rights group Perkasa and the Umno-owned Malay daily, Utusan Malaysia and coupled with the poor example shown by the country's leaders, the answer at best is ambiguous.

Name-calling and threats are not going to sustain the Merdeka spirit for long. For a nation as young as Malaysia, there is much to learn in preserving the independence it had achieved from its British masters.

But it seems that the country's politicians, this includes Najib, the ever-racist Hishammuddin, Perkasa founder Ibrahim Ali and the Umno honchos are far too foolishly arrogant to want to learn from the annals of history on what it takes to promote unity and sustain the independence gained.

Malaysians like Perkasa's Ibrahim through his racial discrepancies has tainted the whole struggle towards Aug 31, when the nation finally achieved independence back in 1957.

The likes of Ibrahim believe their onslaught of threats would blench the non-Malays into subservience towards the dominant race, often times promising bloodshed should the non-Malays dare question Article 153 of the Constitution.

The damage, however, had long been done. In 2009, churches were attacked with petrol bombs after a court lifted a government ban on the use of "Allah" as a translation for "God" in Malay-language bibles.

The ban had been in place for years but enforcement only began in 2008 out of fear the word could encourage Muslims to convert.

READ MORE HERE

 

Smuggled ivory tusks worth 1.6 million dollars found in Hong Kong

Posted: 30 Aug 2011 02:14 PM PDT

 

By MonstersandCritics.com

Hong Kong - Customs officers in Hong Kong said Tuesday they had seized 794 African elephant tusks worth an estimated 1.6 million US dollars smuggled in a ship container from Malaysia.

The tusks weighing 1,898 kilograms were found hidden beneath stones in a consignment declared as non-ferrous products for factory use, the city's customs department said in a statement.

The illegal shipment was seized Monday by customs officers acting on intelligence and a 66-year-old man has been arrested in connection with the find, according to the statement.

Trading in endangered species carries a maximum penalty of two years in prison and a fine of 640,000 US dollars under Hong Kong law. Smuggling undeclared goods carried a jail term of up to seven years.

Kredit: www.malaysia-today.net

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Malaysia policy a deterrent: refugee

Posted: 30 Aug 2011 12:41 PM PDT

By Alana Buckley-Carr, The West Australian

Habibullah may not agree with the Malaysia solution but his are exactly the words Immigration Minister Chris Bowen wants to hear: "No, I don't think I would get on a boat if I was sent to Malaysia."

With the High Court set to hand down its decision today into the lawfulness of the Gillard Government's Malaysia solution, Afghan refugee Habibullah said he would never have made the treacherous boat journey if he knew he would be sent straight back to Malaysia.

More than 330 asylum seekers have been in limbo on Christmas Island since the High Court issued an injunction this month, stopping the Government from sending boat people to Malaysia.

Yesterday, Mr Bowen's office refused to speculate on what plans were in place if the deal with Malaysia was found to be unlawful.

Habibullah, a 28-year-old father of two, was granted asylum last month after spending 15 months in detention on Christmas Island and at the Curtin detention centre.

He is now trying to have his wife and two daughters brought to Australia from Iran, where they have lived illegally for years.

In exchange for $US6000, Habibullah was given a false passport and began a series of flights taking him to Bali, before being taken to the rickety wooden boat off a small beach in the dead of night.

"When we got on the boat it was dark, we couldn't see the boat very clearly," Habibullah said. "The day after the sun rise, we saw the boat was very small, very old."

The former carpet weaver spent two months on Christmas Island before being among the first detainees to be transferred to the refurbished Curtin detention centre last year.

But conditions were far from ideal. He was never taken outside the centre in 13 months at Curtin and grew increasingly frustrated by changes in Government policy.

"One week there was one policy, the next week another policy," Habibullah said.

"They don't process cases in the order they arrived. Everyone gets angry when you are limited to a specific place where you can't go outside, especially when you don't know what will happen to you in the future."

It was only on July 20 that he was finally granted a protection visa, after having his first claim for asylum rejected.

He now lives in a modest house in Girrawheen and plans to continue his English studies, before studying law at university.

Tales from a leaking boat

Posted: 30 Aug 2011 12:26 PM PDT

 

By Soraya Lennie, Aljazeera

Aziz crammed into the cargo hold of a tiny fishing boat as it left the Indonesian port. He and the 17 other men aboard had their sights on Australia. Only four days in, it happened - the engine exploded, blowing acrid smoke into the cabin, choking Aziz and the other terrified passengers. The boat was adrift in the middle of the Indian Ocean, in the middle of an illegal voyage to seek asylum in Australia.

"We sat like this," Aziz says, hugging his knees to his chest. "We couldn't move, we were just [huddled together] shoulder to shoulder."

Finally, the Australian Navy spotted the small boat and three days later the men were at Australia's immigration processing centre on Christmas Island, just 360km south of Jakarta.

"It was very dangerous, very risky, how can you imagine it? It's so hard. You sacrifice your life, you could be a victim and every minute, it's possible you're going to drown in the sea," he adds.

And many do drown. Some die in the middle of the ocean, often days before immigration officials in either Indonesia or Australia notice. The latest incident occurred in December 2010, when a boat smuggling refugees crashed off Christmas Island, resulting in the death of some 48 people. But perhaps the worst tragedy took place almost a decade earlier, in October 2001, when more than 350 people drowned after their boat sunk at sea. Most were from Afghanistan, Iraq and Iran. Many were children, trapped in the sinking hull. Like the Christmas Island disaster, it sparked a bitter political spat as both sides blamed each other's policies for the tragedy.

The Australian government, headed by Prime Minister Julia Gillard, is under pressure to avoid these kinds of disasters. It's also trying to avoid a public backlash against any government perceived as soft on so-called "queue jumpers". In Australia, the issue makes and breaks politicians and wins and loses elections.

Playing politics

The former government of right-wing Prime Minister John Howard knew that best. August 26 will be the tenth anniversary of the "Tampa Affair", in which the Howard government sparked a diplomatic row with Norway when it refused permission for the Norwegian freighter MV Tampa to enter Australian waters. Its crew had rescued more than 400 asylum seekers from a sinking fishing boat heading to Australia. Just two months later, Howard's government famously - and wrongly - accused other asylum seekers of throwing their children overboard to secure Australian naval rescue and subsequent passage to Australia. Only one month later, Howard sailed to victory in the federal election on a platform of border security.

Between 1999 and 2001, Howard reintroduced Temporary Protection Visas and signed the "Pacific Solution", a policy in which asylum seekers were transferred to the tiny Pacific island nation of Nauru for processing. That government's treatment of refugees appalled the United Nations and human rights groups.

Despite the tough policy, the number of people arriving by boat increased sharply after the government introduced these measures. The numbers then plummeted and remained low until 2009. That year, more than 2,849 people arrived, compared to just 161 the previous year.

The opposition said that this spike was because Prime Minister Kevin Rudd scrapped many of Howard's policies in favour of a more humane approach. Some refugee advocates said that the spike in unauthorised arrivals reflected changes in global conflicts. But as Gillard took over, under pressure after an embarrassing and damaging leadership spill, she put a temporary freeze on processing the claims of Sri Lankan and Afghan refugees, pending a review. At the time, she said that the reality that confronted Howard's government confronted her own as well.

On Friday, Australia formally struck a deal with Papua New Guinea under which asylum seekers detected in Australian waters can be sent to PNG's Manus Island. It too was part of Howard's Pacific solution. The deal follows the Gillard government's arrangement with Malaysia. Dubbed the "Malaysian Solution", her government will send 800 asylum seekers to Malaysian transit centres while the immigration department processes the claims.

In return, Malaysia will send 4,000 genuine refugees to Australia. The Gillard government says that the arrangement "demonstrates the resolve of Australia and Malaysia to break the people smugglers' business model, stop them profiting from human misery, and stop people risking their lives at sea".

But Amnesty International is critical. "Although the Australian Government is very close to sending people there (to Malaysia), there are a lot of details to be decided, like who's going to look after unaccompanied minors? It's very worrying," says Dr Graham Thom, Amnesty International's Refugee Coordinator.

Thom says that the proposed scenario is far from ideal. The refugees will be housed in a temporary facility set up by the Australian government. It is significantly different from Malaysia's own detention centres, which Dr Thom describes as horrible and appalling. After a period of up to 45 days, they will be permitted to enter the community to live while their applications are processed.

But Amnesty International is concerned that Malaysian authorities will still arrest the refugees and send them to their own detention centres, where Amnesty says disease, assault and mistreatment are rife. Moreover, Thom says that the proposed people swap undermines Australia's standing at the UN and in the international community.

"We are a convention country, we put up our hand to protect people. So for us to be removing people to a non-convention country is a very serious breach of our international obligations. Secondly, it's even more worrying that country is Malaysia, which has a very poor record," says Thom.

But the deal is stuck in its tracks. At the eleventh hour, the High Court granted a two-week injunction against sending anyone to Malaysia on the grounds that it may not be legal. It began hearing the case on August 22. Lawyer David Manne, Executive Director of the Melbourne-based Refugee and Immigration Legal Centre, filed the injunction. He is representing the first 42 asylum seekers awaiting deportation to Malaysia under the people swap. Among them are six children. Mr Manne argues that Immigration Minister Chris Bowen is the legal guardian of the underage asylum seekers and is therefore legally bound to protect them. He is also arguing that the situation in Malaysia is not satisfactory.

Bowen told Fairfax Media as he announced the arrangement, "I expect protests, I expect legal challenges, I expect resistance." He has received all three. But Bowen contends that the government is well within its rights to send people to a third country and that the government has followed the law to the letter.

Will the 'Malaysian Solution' work?

The new proposal has disappointed refugees who have now settled in Australia. Many of them arrived undocumented by boat and, after having their applications for asylum approved, consider themselves lucky to be permanent residents, if not citizens. Hamood is one of them. He says he would not have travelled unauthorised to Australia if the Malaysia deal were in place as he fled Kuwait. No, he shakes his head resolutely, "I would have gone to a country that I knew would accept me."

His friend, Ghanem, fled instability in Iraq at the same time. He sold his car, begged and borrowed in order to pay a smuggler to get him and his younger brother to safety. After ten hellish, sleepless days at sea, aboard a leaking boat with a smoking engine, they made it. They spent nine months in detention, but are now trying to settle into a new life. He agrees with Hamood - if the Malaysia deal were on the table then, he would never have risked it.

"At the time, we were travelling as refugees. It was not a matter of choice. When we arrived in Malaysia we were told you can go to Australia. We didn't have the opportunity to check up on the country, or the politics, or the living standards. Of course now if you know the government is not accepting refugees, what are you doing to do? Of course people will stop coming, or at least the numbers will reduce." And that's the goal of Gillard's Malaysia deal.

Nasim Gulzari was a shopkeeper in Afghanistan when the Taliban took over his village. He fled in 1999. Through a people smuggler and a fake Pakistani passport, he made it onto a boat and eventually into Australia. It cost him eight thousand dollars for a chance at a new life.

Although he may have arrived illegally (at least according to the Australian governments interpretation of International Law), Gulzari says that the government has the responsibility to protect its borders. He, too, strongly believes the Malaysia deal will work: "The boats will stop certainly, in a couple of months they'll see the results." But like many others, he doesn't think that the Malaysia deal is the most humane approach. "People have to flee. In my opinion, these asylum seekers deserve to be treated properly."

Gulzari, his wife Wazir, and their five children have settled in the Goulburn Valley, in Northern Victoria, and proudly display an Australian flag among family photographs in their lounge room. What they have is what those crossing the sea want.

Others, however, doubt that the "Malaysian Solution" will have the intended effects. Aziz, from Afghanistan, believes that the chance at a better life is worth the risk of Malaysian detention. Will the Malaysian deal work? "Honestly? No, never. Why? Because people are living in very bad situations in their home country. When they reach Christmas Island, the government assesses their health, gives them food, they're safe at least. In Malaysia, no matter how bad it is there, they'd prefer it. Because eventually, they'll be processed. They'll never stop the boats."

He admits that he and Gulzari are queue jumpers, but asks those who have never been in his position, "If your house is on fire, it's not a choice to wait behind people queuing to get out the doors. You'd jump out the window to save your life. Wouldn't you?"


 

Iranian Exiles Flock East, to Multiethnic Malaysia

Posted: 30 Aug 2011 11:54 AM PDT

By John Krich, TIME

Above the outdoor cafés of this city's trendiest suburb, some 60 exiles are busily dubbing Brazilian soap operas, Japanese cartoons and American music videos into Farsi. They work for GEM-TV, a privately owned, Dubai-based bootleg satellite station that beams the modern world into Iran from a broadcast station in Malaysia. This Southeast Asian nation is becoming, in the words of GEM-TV host Abed Randamiz, "famous as a place to jump" from Iran's harshly religious regime. "It's the best of three countries that freely give us visas," Rangamiz says with a shrug. "The others are Turkey and Turkmenistan."

The Iranian influx is small but growing fast. At present, there are about 60,000 Iranians, studying, working or waiting for visas in this relatively easygoing, multiethnic Muslim-majority country. Iranians hold shares in an estimated 2,000 Malaysian businesses and occupy about 15,000 spots in Malaysian universities. Tourist arrivals from Iran jumped 14.3% to 116,000 last year. And, observe new arrivals, words of Persian origin, such as dewan for hall and anggur for grapes, have long been part of the Malay language. Most Iranians in Malaysia bask in the comforts of a life free from ideological pressures and from, in one exile's words, "bribing the police every time you want to have a party." Malaysia has become the base for frequent "Persian Disco Nights" and glitzy concerts by famed singers — one earlier this year included a rallying cry against the current regime — during the Iranian New Year in March.(Read about Malaysia's new journey beyond race.)

But life there isn't without hassles. Many, including Ali Manafi, a radio anchor who recently fled Iran at considerable risk, are exhausted by religious rules. "Spirituality should be personal," he says. "Here there are too many mosques and imams." Few Malaysian mosques welcome Shi'ite Muslims, leaving Iranian Shi'ites to worship at their embassy. Iranian activists have also faced rough treatment for political protests. Five Iranian student leaders were arrested for carrying candles in a memorial for protesters killed in Iran. In 2009, a protest of Iran's recent elections outside the U.N. led to tear gas. However, most activists say they try to stay away from Malaysia's current unrests — though they are quietly pleased that the recent July 9 demonstration, in which 1,400 Malaysians were arrested, took place on the 12th anniversary of one of Iran's largest protests.

Iranians say locals often assume the worst of their community. The highly publicized arrest of 15 Iranian drug smugglers last year — and several others since — hasn't helped. "Iranians are dirty-minded people — they come here to drink and take drugs and wear their shirts open like women," scoffed one Malay cab driver. Indeed, Ali Reza, an Iranian teacher, says he sometimes tells locals he hails from the invented country of "Kerkovia" to avoid discrimination. Of course, prejudice goes both ways. "We bring 2,500 years of culture, but here 100 years ago they were still in the trees with the monkeys," says GEM-TV's Randamiz.

Safineh Motlaq, a photojournalist who explains Malaysian culture to Iranians in a local magazine, Monograil, says mutual understanding will take time. "In Iran, we follow everything about the U.S. and Europe, but Asia is completely unknown. So people tend to isolate themselves here." She, for one, calls Malaysia "the closest I've found to a utopia." Moved by her seven years there, Motlaq published a photo book, A Given Path, about the rituals of Malaysia's three main ethnic communities — Chinese, Indian, Malay — with Marina Mahathir, daughter of Malaysia's former Prime Minister, writing the foreword.(Read about the teargassing incident in Kuala Lumpur.)

Siamak Rezvan, 40, has, like many Iranian professionals, started his own business, Yummy Restaurant, switching the menu from burgers to kebabs. He's working in Malaysia to put his 15-year-old son in an international school. Business is slow and his job applications were turned down because employers favor locals, but he's happy to be in Kuala Lumpur. "This is the place where we can have a normal life without fear," he says. However, Rangamiz, ever the exile, scoffs in his recording booth: "Malaysia my second home? Most of us, we don't even have a first home."

Read about Malaysian Muslims and Christians argue over the word Allah.


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